Bill Text: TX HB2343 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the creation of Asher's Law, the public health threat presented by youth suicide and to the prevention of associated discrimination, harassment, bullying, and cyberbullying.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-03-10 - Referred to Public Health [HB2343 Detail]

Download: Texas-2011-HB2343-Introduced.html

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By: Coleman H.B. No. 2343

A BILL TO BE ENTITLED
AN ACT
relating to the creation of Asher's Law, the public health threat
presented by youth suicide and to the prevention of associated
discrimination, harassment, bullying, and cyberbullying.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Asher's Law.
SECTION 2. The legislature finds that:
(1) suicide committed by youth continues to present a
public health threat that endangers the well-being of the youth of
the state;
(2) suicide is the third leading cause of death for
persons who are at least 15 years of age but younger than 25 years of
age and the sixth leading cause of death for persons who are at
least 5 years of age but younger than 15 years of age;
(3) youth feel the pressures of succeeding
academically and socially, as well as the pressure of being
accepted by peers;
(4) research shows that bullying and harassment are
serious problems that impede the academic progress and overall
mental health of youth;
(5) youth who have or are perceived to have a certain
sexual orientation are subject to pervasive discrimination,
bullying, harassment, intimidation, and violence that puts their
physical and mental health at risk;
(6) increased levels of victimization, as described by
Subdivision (5), also lead to increased levels of depression and
anxiety and decreased levels of self-esteem; and
(7) bullying and harassment, if left unaddressed, can
lead and have led to life-threatening violence and suicide.
(8) Be it resolved that this act is dedicated to Asher
Brown and to every child that has fallen victim to the severe
emotional trauma caused by bullying and harassment.
SECTION 3. Chapter 161, Health and Safety Code, is amended
by adding Subchapter O-1 to read as follows:
SUBCHAPTER O-1. PREVENTION OF YOUTH SUICIDE
Sec. 161.325. SUICIDE PREVENTION. (a) The department, in
coordination with the Texas Education Agency, shall develop a
comprehensive suicide prevention program for implementation in
public junior, middle, and high schools.
(b) The program must include components that provide for
training counselors, teachers, nurses, administrators, and other
staff, as well as law enforcement officers and social workers who
regularly interact with students, to:
(1) recognize students at risk of committing suicide,
including students who are or may be the victims of discrimination
or harassment prohibited by Section 11.174, Education Code, or
bullying prohibited in accordance with Section 37.0832, Education
Code; and
(2) intervene effectively with those students by
providing all appropriate assistance, including referrals for
mental health services.
(c) In developing the program, the department and the Texas
Education Agency may consider any existing suicide prevention
method developed by a school district under Section 11.252(a)(3)(B)
or 33.006(b)(1)(A), Education Code.
(d) The department may solicit and accept a gift, grant, or
donation from any source for the development and implementation of
the program required by this section.
(e) Not later than January 1, 2013, the department shall
submit a report to the legislature relating to the development and
implementation of the program required by this section. This
subsection expires September 1, 2013.
SECTION 4. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.174 to read as follows:
Sec. 11.174. DISCRIMINATION, HARASSMENT, AND RETALIATION
PROHIBITED. (a) In this section:
(1) "Gender identity or expression" means a person's
having, or being perceived as having, a gender-related identity,
appearance, expression, or behavior, whether or not that identity,
appearance, expression, or behavior is different from that commonly
associated with the person's assigned sex at birth.
(2) "Sexual orientation" means heterosexuality,
homosexuality, or bisexuality.
(b) A school district or employee of a school district may
not:
(1) discriminate against or harass an employee of the
district or a student enrolled in the district on account of:
(A) the actual or perceived ethnicity, color,
gender, gender identity or expression, sexual orientation,
disability, religion, or national origin of the employee, student,
or student's parent; or
(B) one or more persons with whom the employee,
student, or student's parent associates; or
(2) retaliate against an employee of the district or a
student enrolled in the district for reporting potential
discrimination or harassment prohibited by Subdivision (1).
(c) This section applies to conduct that occurs:
(1) on school property;
(2) while attending a school-sponsored or
school-related activity on or off of school property; or
(3) in connection with transportation of students in a
vehicle owned or operated by a school district or owned or operated
by another entity under contract with a school district.
(d) A school district shall provide periodic training to
district employees regarding prevention of discrimination and
harassment prohibited by this section and procedures for responding
to reported or observed incidents of prohibited discrimination or
harassment. The training may be provided in conjunction with any
training provided under Section 37.083.
(e) In accordance with rules adopted by the commissioner,
each school district shall report annually to the agency
information regarding each incident of alleged discrimination or
harassment that occurred at each campus in the district during the
preceding year. The agency shall include the information,
disaggregated by campus, in the comprehensive annual report
required by Section 39.332.
SECTION 5. 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 6. Section 25.0342, Education Code, is amended by
amending Subsections (a), (c), and (e) 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 [means engaging in written or verbal expression or
physical conduct 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].
(b-1) On the request of a parent or other person with
authority to act on behalf of a student who is a victim of bullying,
the board of trustees of a school district or the board's designee
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) To the extent practicable, the board of trustees and
each district educator with knowledge of the request shall keep a
request received under Subsection (b) or (b-1) confidential.
(c) The board of trustees or the board's designee shall
verify that a student has been a victim of or has engaged in
bullying, as applicable, before transferring the student under this
section.
(e) A [The] determination by the board of trustees or the
board's designee under this section is final and may not be
appealed.
SECTION 7. 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) [(2)] "Hit list" means a list of people targeted
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 8. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0832 to read as follows:
Sec. 37.0832. POLICY PROHIBITING BULLYING, INCLUDING
CYBERBULLYING; REPORT. (a) In this section:
(1) "Bullying":
(A) means engaging in written or verbal
expression or physical conduct, including an action motivated by
the perceived or actual characteristics, behavior, or beliefs of a
student, that:
(i) 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;
(ii) is sufficiently severe, persistent, or
pervasive enough that the action or threat creates an intimidating,
threatening, or abusive educational environment for a student;
(iii) interferes with a student's
educational opportunities; or
(iv) substantially disrupts the operation of
a school; and
(B) includes cyberbullying.
(2) "Cyberbullying" means bullying, harassment, or
intimidation that is done using electronic communication,
including electronic media.
(b) The board of trustees of each school district shall
adopt a policy concerning bullying that:
(1) prohibits bullying of a student;
(2) prohibits retaliation against any person,
including a victim, witness, or another person, who in good faith
provides information concerning an incident of bullying; and
(3) addresses any other issue concerning bullying that
the board of trustees determines to be appropriate.
(c) Each school district shall:
(1) provide annual written notice of the policy
adopted under Subsection (b) to each district student, the parent
or guardian of each district student, and each district employee or
volunteer;
(2) post the policy on district and campus Internet
websites; and
(3) include the policy in student and employee
handbooks.
(d) In accordance with rules adopted by the commissioner,
each school district shall report annually to the agency
information regarding each incidence of alleged bullying that
occurred at each campus in the district during the preceding year.
The agency shall include the information, disaggregated by campus,
in the comprehensive annual report required by Section 39.332.
SECTION 9. (a) Each school district shall submit to the
Texas Education Agency information as required under Sections
11.174(e) and 37.0832(d), Education Code, as added by this Act,
beginning with the 2012-2013 school year based on incidents of
discrimination, harassment, and bullying during the 2011-2012
school year.
(b) The Texas Education Agency shall include the
information required under Sections 11.174(e) and 37.0832(d),
Education Code, as added by this Act, in the comprehensive annual
report required by Section 39.332, Education Code, beginning with
the report required to be submitted not later than December 1, 2012.
SECTION 10. This Act applies beginning with the 2011-2012
school year.
SECTION 11. 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.