Bill Text: TX HB1942 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to bullying in public schools.
Spectrum: Slight Partisan Bill (Democrat 19-7)
Status: (Passed) 2011-06-17 - Effective immediately [HB1942 Detail]
Download: Texas-2011-HB1942-Introduced.html
Bill Title: Relating to bullying in public schools.
Spectrum: Slight Partisan Bill (Democrat 19-7)
Status: (Passed) 2011-06-17 - Effective immediately [HB1942 Detail]
Download: Texas-2011-HB1942-Introduced.html
82R5531 CAS-F | ||
By: Patrick | H.B. No. 1942 |
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relating to bullying in public schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 25.0342, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) In this section, "bullying" means engaging in written or | ||
verbal expression, expression through electronic means, or | ||
physical conduct, including a gesture, that a school district board | ||
of trustees or the board's designee determines: | ||
(1) will have the effect of physically harming a | ||
student, damaging a student's property, or placing a student in | ||
reasonable fear of harm to the student's person or of damage to the | ||
student's property; or | ||
(2) is sufficiently severe, persistent, or pervasive | ||
enough that the action or threat creates an intimidating, | ||
threatening, or abusive educational environment for a student. | ||
(a-1) For purposes of Subsection (a), expression through | ||
electronic means includes expression by transmission of language, | ||
data, an image, or a symbol through the use of software, video, | ||
social media, or electronic mail or texting. | ||
SECTION 2. Section 28.002, Education Code, is amended by | ||
adding Subsection (s) to read as follows: | ||
(s) In this subsection, "bullying" has the meaning assigned | ||
by Section 25.0342 and "harassment" has the meaning assigned by | ||
Section 37.001. In addition to any other essential knowledge and | ||
skills the State Board of Education adopts for the health | ||
curriculum under Subsection (a)(2)(B), the board shall adopt for | ||
the health curriculum, in consultation with the Texas School Safety | ||
Center, essential knowledge and skills that: | ||
(1) evidence-based practice indicates will | ||
effectively address awareness, prevention, identification, and | ||
resolution of and intervention in bullying and harassment; and | ||
(2) address the use of peer mediation to resolve | ||
conflicts between students. | ||
SECTION 3. Sections 37.001(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) The board of trustees of an independent school district | ||
shall, with the advice of its district-level committee established | ||
under Subchapter F, Chapter 11, adopt a student code of conduct for | ||
the district. The student code of conduct must be posted and | ||
prominently displayed at each school campus or made available for | ||
review at the office of the campus principal. In addition to | ||
establishing standards for student conduct, the student code of | ||
conduct must: | ||
(1) specify the circumstances, in accordance with this | ||
subchapter, under which a student may be removed from a classroom, | ||
campus, or disciplinary alternative education program; | ||
(2) specify conditions that authorize or require a | ||
principal or other appropriate administrator to transfer a student | ||
to a disciplinary alternative education program; | ||
(3) outline conditions under which a student may be | ||
suspended as provided by Section 37.005 or expelled as provided by | ||
Section 37.007; | ||
(4) specify that consideration will be given, as a | ||
factor in each decision concerning suspension, removal to a | ||
disciplinary alternative education program, expulsion, or | ||
placement in a juvenile justice alternative education program, | ||
regardless of whether the decision concerns a mandatory or | ||
discretionary action, to: | ||
(A) self-defense; | ||
(B) intent or lack of intent at the time the | ||
student engaged in the conduct; | ||
(C) a student's disciplinary history; or | ||
(D) a disability that substantially impairs the | ||
student's capacity to appreciate the wrongfulness of the student's | ||
conduct; | ||
(5) provide guidelines for setting the length of a | ||
term of: | ||
(A) a removal under Section 37.006; and | ||
(B) an expulsion under Section 37.007; | ||
(6) address the notification of a student's parent or | ||
guardian of a violation of the student code of conduct committed by | ||
the student that results in suspension, removal to a disciplinary | ||
alternative education program, or expulsion; | ||
(7) prohibit bullying, harassment, and making hit | ||
lists and ensure that district employees enforce those | ||
prohibitions; [ |
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(8) provide, as appropriate for students at each grade | ||
level, methods, including options, for: | ||
(A) managing students in the classroom and on | ||
school grounds; | ||
(B) disciplining students; and | ||
(C) preventing and intervening in student | ||
discipline problems, including bullying, harassment, and making | ||
hit lists; and | ||
(9) provide for notifying a student's parent or | ||
guardian and appropriate district employees, in a manner that | ||
complies with the Family Educational Rights and Privacy Act of 1974 | ||
(20 U.S.C. Section 1232g), regarding an act of bullying, | ||
harassment, or making a hit list. | ||
(b) In this section: | ||
(1) "Bullying" has the meaning assigned by Section | ||
25.0342. | ||
(2) "Harassment" means threatening to cause harm or | ||
bodily injury to another student, engaging in sexually intimidating | ||
conduct, causing physical damage to the property of another | ||
student, subjecting another student to physical confinement or | ||
restraint, or maliciously taking any action that substantially | ||
harms another student's physical or emotional health or safety. | ||
(3) [ |
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to be harmed, using: | ||
(A) a firearm, as defined by Section 46.01(3), | ||
Penal Code; | ||
(B) a knife, as defined by Section 46.01(7), | ||
Penal Code; or | ||
(C) any other object to be used with intent to | ||
cause bodily harm. | ||
SECTION 4. Section 37.083(a), Education Code, is amended to | ||
read as follows: | ||
(a) Each school district shall adopt and implement a | ||
discipline management program to be included in the district | ||
improvement plan under Section 11.252. The program must provide for | ||
prevention of and education concerning unwanted physical or verbal | ||
aggression and [ |
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SECTION 5. Subchapter C, Chapter 37, Education Code, is | ||
amended by adding Section 37.0832 to read as follows: | ||
Sec. 37.0832. POLICIES TO ADDRESS BULLYING. (a) In this | ||
section, "bullying" has the meaning assigned by Section 25.0342. | ||
(b) Each school district shall adopt and implement a policy | ||
addressing bullying that: | ||
(1) includes evidence-based practices developed by | ||
the Texas School Safety Center for increasing administrator, | ||
teacher, student, and parent awareness of issues regarding | ||
bullying; | ||
(2) establishes the actions a student, teacher, or | ||
administrator who is a victim of or witness to bullying should take | ||
to obtain assistance and intervention; | ||
(3) sets out the available counseling options for a | ||
student who is a victim of or witness to bullying or who engages in | ||
bullying; and | ||
(4) includes peer mediation, student engagement, and | ||
leadership strategies to prevent and respond to bullying. | ||
(c) The policy under Subsection (b) must be included in: | ||
(1) any school district informational handbook | ||
provided to students or parents; and | ||
(2) the district improvement plan under Section | ||
11.252. | ||
SECTION 6. This Act applies beginning with the 2011-2012 | ||
school year. | ||
SECTION 7. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |