Bill Text: TX HB1942 | 2011-2012 | 82nd Legislature | Engrossed
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-Engrossed.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-Engrossed.html
By: Patrick, Shelton, Strama, Eissler, | H.B. No. 1942 | |
Guillen, et al. |
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relating to bullying in public schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.451(d), Education Code, is amended to | ||
read as follows: | ||
(d) The staff development: | ||
(1) may include training in: | ||
(A) technology; | ||
(B) conflict resolution; [ |
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(C) discipline strategies, including classroom | ||
management, district discipline policies, and the student code of | ||
conduct adopted under Section 37.001 and Chapter 37; and | ||
(D) preventing, identifying, responding to, and | ||
reporting incidents of bullying; and | ||
(2) subject to Subsection (e), must include training | ||
based on scientifically based research, as defined by Section 9101, | ||
No Child Left Behind Act of 2001 (20 U.S.C. Section 7801), that: | ||
(A) relates to instruction of students with | ||
disabilities; and | ||
(B) is designed for educators who work primarily | ||
outside the area of special education. | ||
SECTION 2. The heading to Section 25.0342, Education Code, | ||
is amended to read as follows: | ||
Sec. 25.0342. TRANSFER OF STUDENTS WHO ARE VICTIMS OF OR | ||
HAVE ENGAGED IN BULLYING. | ||
SECTION 3. Section 25.0342, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (b-1) and (b-2) to | ||
read as follows: | ||
(a) In this section, "bullying" has the meaning assigned by | ||
Section 37.0832 [ |
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(b-1) The board of trustees of a school district may | ||
transfer the student who engaged in bullying to: | ||
(1) another classroom at the campus to which the | ||
victim was assigned at the time the bullying occurred; or | ||
(2) a campus in the district other than the campus to | ||
which the victim was assigned at the time the bullying occurred. | ||
(b-2) Section 37.004 applies to a transfer under Subsection | ||
(b-1) of a student with a disability who receives special education | ||
services. | ||
SECTION 4. 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 37.0832 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 include evidence-based | ||
practices that will effectively address awareness, prevention, | ||
identification, self-defense in response to, and resolution of and | ||
intervention in bullying and harassment. | ||
SECTION 5. Section 37.001(b), Education Code, is amended to | ||
read as follows: | ||
(b) In this section: | ||
(1) "Bullying" has the meaning assigned by Section | ||
37.0832. | ||
(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 6. 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 7. Subchapter C, Chapter 37, Education Code, is | ||
amended by adding Section 37.0832 to read as follows: | ||
Sec. 37.0832. BULLYING PREVENTION POLICIES AND PROCEDURES. | ||
(a) In this section, "bullying" means engaging in written or verbal | ||
expression, expression through electronic means, or physical | ||
conduct that occurs on school property, at a school-sponsored or | ||
school-related activity, or in a vehicle operated by the district | ||
and that: | ||
(1) has the effect or 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; | ||
(2) is sufficiently severe, persistent, and pervasive | ||
enough that the action or threat creates an intimidating, | ||
threatening, or abusive educational environment for a student; | ||
(3) exploits an imbalance of power between the student | ||
perpetrator and the student victim through written or verbal | ||
expression or physical conduct; and | ||
(4) interferes with a student's education or | ||
substantially disrupts the operation of a school. | ||
(b) The board of trustees of each school district shall | ||
adopt a policy, including any necessary procedures, concerning | ||
bullying that: | ||
(1) prohibits the bullying of a student; | ||
(2) prohibits retaliation against any person, | ||
including a victim, a witness, or another person, who in good faith | ||
provides information concerning an incident of bullying; | ||
(3) establishes a procedure for providing notice of an | ||
incident of bullying to a parent or guardian of the victim and a | ||
parent or guardian of the bully within a reasonable amount of time | ||
after the incident; | ||
(4) establishes the actions a student should take to | ||
obtain assistance and intervention in response to bullying; | ||
(5) sets out the available counseling options for a | ||
student who is a victim of or a witness to bullying or who engages in | ||
bullying; | ||
(6) establishes procedures for reporting an incident | ||
of bullying, investigating a reported incident of bullying, and | ||
determining whether the reported incident of bullying occurred; and | ||
(7) prohibits the imposition of a disciplinary measure | ||
on a student who is a victim of bullying on the basis of that | ||
student's use of reasonable self-defense in response to the | ||
bullying. | ||
(c) The policy and any necessary procedures adopted under | ||
Subsection (b) must be included: | ||
(1) annually, in the student and employee school | ||
district handbooks; and | ||
(2) in the district improvement plan under Section | ||
11.252. | ||
(d) The procedure for reporting bullying established under | ||
Subsection (b) must be posted on the district's Internet website to | ||
the extent practicable. | ||
SECTION 8. This Act applies beginning with the 2011-2012 | ||
school year. | ||
SECTION 9. 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. |