Texas 2025 - 89th Regular

Texas House Bill HB1405 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5489 AMF-D
2	2	By: Reynolds H.B. No. 1405
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to bullying and cyberbullying in public schools.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 28.0022, Education Code, is amended by
12	12	adding Subsections (h) and (i) to read as follows:
13	13	(h) Nothing in this section may be construed as limiting a
14	14	teacher, administrator, or other employee of a state agency, school
15	15	district, or open-enrollment charter school from:
16	16	(1) implementing a strategy to prevent or mediate
17	17	specific instances or school-wide cultures of bullying or
18	18	harassment that occur due to a victim's actual or perceived
19	19	religion, disability status, race, ethnicity, color, national
20	20	origin, sex, or association with a person or group with one or more
21	21	of those actual or perceived characteristics, including a strategy
22	22	implemented under a policy adopted under Section 37.0832; or
23	23	(2) training teachers, administrators, or other
24	24	employees in the implementation of a strategy described by
25	25	Subdivision (1), including by providing staff development under
26	26	Section 21.451.
27	27	(i) In this section:
28	28	(1) "Bullying" has the meaning assigned by Section
29	29	37.0832.
30	30	(2) "Harassment" has the meaning assigned by Section
31	31	37.001.
32	32	SECTION 2. Section 37.0832(a), Education Code, is amended
33	33	by amending Subdivisions (1) and (2) and adding Subdivision (3) to
34	34	read as follows:
35	35	(1) "Bullying":
36	36	(A) means a single significant act or a pattern
37	37	of acts by one or more students directed at another student that
38	38	exploits an imbalance of power and involves engaging in written or
39	39	verbal expression, expression through electronic means, or
40	40	physical conduct that satisfies the applicability requirements
41	41	provided by Subsection (a-1), and that:
42	42	(i) has the effect or will have the effect
43	43	of physically harming a student, damaging a student's property, or
44	44	placing a student in reasonable fear of harm to the student's person
45	45	or of damage to the student's property;
46	46	(ii) is sufficiently severe, persistent, or
47	47	pervasive enough that the action or threat creates an intimidating,
48	48	threatening, or abusive educational environment for a student;
49	49	(iii) materially and substantially
50	50	disrupts the educational process or the orderly operation of a
51	51	classroom or school; [or]
52	52	(iv) infringes on the rights of the victim
53	53	at school; or
54	54	(v) targets a victim on the basis of the
55	55	victim's actual or perceived religion, disability status, race,
56	56	ethnicity, color, national origin, sex, or association with a
57	57	person or group with one or more of those actual or perceived
58	58	characteristics; and
59	59	(B) includes cyberbullying.
60	60	(2) "Cyberbullying" means bullying that is done
61	61	through the use of any electronic communication device, including
62	62	through the use of a cellular or other type of telephone, a
63	63	computer, a camera, electronic mail, instant messaging, text
64	64	messaging, a social media application, an Internet website, an
65	65	application using artificial intelligence, or any other
66	66	Internet-based communication tool.
67	67	(3) "Harassment" has the meaning assigned by Section
68	68	37.001.
69	69	SECTION 3. Section 37.0832, Education Code, is amended by
70	70	adding Subsections (b), (b-1), and (b-2) and amending Subsections
71	71	(c), (c-1), (d), and (e).
72	72	(b) [(c)] The board of trustees of each school district
73	73	shall adopt a policy, including any necessary procedures,
74	74	concerning bullying that:
75	75	(1) prohibits the bullying of a student;
76	76	(2) prevents and mediates bullying incidents between
77	77	students that:
78	78	(A) interfere with a student's educational
79	79	opportunities; or
80	80	(B) substantially disrupt the orderly operation
81	81	of a classroom, school, or school-sponsored or school-related
82	82	activity;
83	83	(3) prohibits retaliation against any person,
84	84	including a victim, a witness, or another person, who in good faith
85	85	provides information concerning an incident of bullying;
86	86	(4) requires a school district employee who, in the
87	87	course and scope of employment, witnesses or receives information
88	88	regarding an incident that the employee reasonably believes
89	89	constitutes bullying by or against a student who at the time of the
90	90	incident is enrolled in the district at which the employee is
91	91	employed to report the information to a campus behavior coordinator
92	92	or other appropriate district official;
93	93	(5) [(4)] establishes a procedure for providing notice
94	94	of an incident of bullying to:
95	95	(A) a parent or guardian of the alleged victim on
96	96	or before the third business day after the date the incident is
97	97	reported; and
98	98	(B) a parent or guardian of the student alleged
99	99	to have engaged in bullying [bully] within a reasonable amount of
100	100	time after the incident;
101	101	(6) [(5)] establishes the actions a student should
102	102	take to obtain assistance and intervention in response to bullying;
103	103	(7) [(6)] sets out the supportive measures provided by
104	104	the district under Subsection (b-1) and available to [available
105	105	counseling options for] a student who is impacted by bullying,
106	106	including the alleged [a] victim of bullying, a student who
107	107	allegedly engaged in bullying, or a witness to bullying [or who
108	108	engages in bullying];
109	109	(8) [(7)] establishes procedures for reporting an
110	110	incident of bullying, including procedures for a student to
111	111	anonymously report an incident of bullying;
112	112	(9) establishes procedures for[,] investigating a
113	113	reported incident of bullying, and determining whether the reported
114	114	incident of bullying occurred, which must include:
115	115	(A) the provision of written notice of the
116	116	investigation or a reported incident of bullying to the impacted
117	117	students, including a victim of bullying and a student who
118	118	allegedly engaged in bullying, and the parents or guardians of
119	119	those students;
120	120	(B) the provision of supportive measures under
121	121	Subsection (b-1) to the impacted students throughout the
122	122	investigation;
123	123	(C) an opportunity for the impacted students to
124	124	identify witnesses and provide information and evidence relating to
125	125	the reported incident of bullying;
126	126	(D) the issuance of an investigative report that
127	127	includes a summary of evidence considered, the investigator's
128	128	determination as to whether the reported incident occurred and, if
129	129	so, the student or students responsible for the incident, and the
130	130	rationale for those determinations;
131	131	(E) an opportunity for each impacted student and
132	132	that student's parent or guardian to review and comment on the
133	133	investigative report required under Paragraph (D) before the report
134	134	is finalized; and
135	135	(F) an opportunity for each impacted student to
136	136	appeal a determination of the investigator;
137	137	(10) requires investigations conducted under the
138	138	procedures established under Subdivision (9) to be completed not
139	139	later than the 10th business day after the district receives a
140	140	report of bullying submitted under the procedures established under
141	141	Subdivision (8), unless the time period is extended for good cause
142	142	and a written notice of the extension and rationale is provided to
143	143	impacted students and those students' parents or guardians;
144	144	(11) [(8)] prohibits the imposition of a disciplinary
145	145	measure on a student who, after an investigation, is found to be a
146	146	victim of bullying, on the basis of that student's use of reasonable
147	147	self-defense in response to the bullying;
148	148	(12) [(9)] requires that discipline for bullying of a
149	149	student with disabilities comply with applicable requirements
150	150	under federal law, including the Individuals with Disabilities
151	151	Education Act (20 U.S.C. Section 1400 et seq.); and
152	152	(13) [(10)] complies with the minimum standards
153	153	adopted by the agency under Subsection (c) [(c-1)].
154	154	(b-1) The board of trustees of each school district shall
155	155	provide to a student impacted by bullying supportive measures that
156	156	are not disciplinary or punitive and are individualized to the
157	157	student. Measures provided under this subsection shall be designed
158	158	to:
159	159	(1) protect the safety of all students, teachers, and
160	160	other school staff in the district; and
161	161	(2) ensure a student impacted by bullying has
162	162	continued access to the school's educational program, including the
163	163	student's normal instructional lessons and extracurricular
164	164	activities, and may include:
165	165	(A) counseling;
166	166	(B) the extension of a deadline for turning in
167	167	coursework or other instruction-related adjustments;
168	168	(C) modifications to a class schedule;
169	169	(D) requiring an employee of the district to
170	170	escort a student while the student is on a district campus;
171	171	(E) a transfer under Section 25.0342;
172	172	(F) mutual restrictions on contact between
173	173	students impacted by an incident of bullying; and
174	174	(G) other similar measures.
175	175	(b-2) A school district must provide supportive measures
176	176	under Subsection (b-1):
177	177	(1) without fee or charge; and
178	178	(2) regardless of whether the student elects to
179	179	participate in an investigation conducted under the procedures
180	180	established under Subsection (b)(9).
181	181	(c) [(c-1)] The agency shall adopt minimum standards for a
182	182	school district's policy under Subsection (b) [(c)]. The standards
183	183	must:
184	184	(1) include an emphasis on bullying prevention by
185	185	focusing on school climate, [and] building healthy relationships
186	186	between students and staff, and engaging in dialogue to create a
187	187	culture of understanding and respect;
188	188	(2) require each district campus to establish a
189	189	committee to address bullying by focusing on prevention efforts and
190	190	health and wellness initiatives;
191	191	(3) require students at each grade level to meet
192	192	periodically for instruction on building relationships and
193	193	preventing bullying, including cyberbullying;
194	194	(4) include an emphasis on increasing student
195	195	reporting of bullying incidents to school employees by:
196	196	(A) increasing awareness about district
197	197	reporting procedures; and
198	198	(B) providing for anonymous reporting of
199	199	bullying incidents;
200	200	(5) require districts to:
201	201	(A) collect information annually through student
202	202	surveys on bullying, including cyberbullying; and
203	203	(B) use those survey results to develop action
204	204	plans to address student concerns regarding bullying, including
205	205	cyberbullying; and
206	206	(6) require districts to develop a rubric or checklist
207	207	to assess an incident of bullying and to determine the district's
208	208	response to the incident.
209	209	(d) The policy and any necessary procedures adopted under
210	210	Subsection (b) [(c)] must be included:
211	211	(1) annually, in the student and employee school
212	212	district handbooks; and
213	213	(2) in the district improvement plan under Section
214	214	11.252.
215	215	(e) The procedure for reporting bullying established under
216	216	Subsection (b) [(c)] must be posted on the district's Internet
217	217	website to the extent practicable.
218	218	SECTION 4. Section 48.009(b-4), Education Code, is amended
219	219	to read as follows:
220	220	(b-4) The commissioner by rule shall require each school
221	221	district and open-enrollment charter school to annually report
222	222	through the Public Education Information Management System the
223	223	number of reported incidents of bullying that have occurred at each
224	224	campus. The commissioner's rules shall require a district or
225	225	school to specify the number of incidents of bullying that:
226	226	(1) included cyberbullying; or
227	227	(2) targeted a victim based on the victim's actual or
228	228	perceived religion, disability status, race, ethnicity, color,
229	229	national origin, sex, or association with a person or group with one
230	230	or more of those actual or perceived characteristics.
231	231	SECTION 5. Not later than 45 days after the effective date
232	232	of this Act, the Texas Education Agency shall adopt or revise
233	233	minimum standards as necessary to comply with Section 37.0832(c),
234	234	Education Code, as amended by this Act.
235	235	SECTION 6. This Act applies beginning with the 2025-2026
236	236	school year.
237	237	SECTION 7. This Act takes effect immediately if it receives
238	238	a vote of two-thirds of all the members elected to each house, as
239	239	provided by Section 39, Article III, Texas Constitution. If this
240	240	Act does not receive the vote necessary for immediate effect, this
241	241	Act takes effect September 1, 2025.