Bill Text: TX SB205 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to school district policies to prohibit bullying, cyberbullying, harassment, and intimidation.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2011-05-22 - Committee report sent to Calendars [SB205 Detail]
Download: Texas-2011-SB205-Comm_Sub.html
Bill Title: Relating to school district policies to prohibit bullying, cyberbullying, harassment, and intimidation.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2011-05-22 - Committee report sent to Calendars [SB205 Detail]
Download: Texas-2011-SB205-Comm_Sub.html
By: Whitmire, Davis | S.B. No. 205 | |
(Thompson) | ||
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relating to school district policies to prohibit bullying, | ||
cyberbullying, harassment, and intimidation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 37, Education Code, is | ||
amended by adding Section 37.0832 to read as follows: | ||
Sec. 37.0832. SCHOOL DISTRICT POLICY TO PROHIBIT BULLYING, | ||
CYBERBULLYING, HARASSMENT, AND INTIMIDATION. (a) In this | ||
section: | ||
(1) "Bullying" has the meaning assigned by Section | ||
25.0342. | ||
(2) "Cyberbullying" means the use of any electronic | ||
communication device to engage in bullying, harassment, or | ||
intimidation. | ||
(3) "Harassment" has the meaning assigned by Section | ||
37.001. | ||
(b) Each school district shall adopt a policy, including any | ||
necessary procedures, prohibiting bullying, cyberbullying, | ||
harassment, and intimidation consistent with the district student | ||
code of conduct adopted under Section 37.001. To the extent | ||
practicable, a district shall develop the policy after consultation | ||
with district students, parents and guardians of district students, | ||
school employees and volunteers, district administrators, and | ||
community representatives. | ||
(c) The school district policy, including any necessary | ||
procedures, adopted under this section must include: | ||
(1) a prohibition against bullying, cyberbullying, | ||
harassment, and intimidation; | ||
(2) a description of the type of behavior expected | ||
from each district student; | ||
(3) a description of the consequences and appropriate | ||
remedial action for a person who has engaged in an act of bullying, | ||
cyberbullying, harassment, or intimidation, including a strategy | ||
for providing counseling and for referral to appropriate services | ||
or to the appropriate county or district attorney; | ||
(4) a procedure for reporting an act of bullying, | ||
cyberbullying, harassment, or intimidation that includes allowing | ||
a person to anonymously report such an act; | ||
(5) a requirement that a district student, employee, | ||
or volunteer who witnesses or has reliable information that a | ||
student has been subjected to an act of bullying, cyberbullying, | ||
harassment, or intimidation be encouraged to report the act to the | ||
appropriate school official as designated by the district's policy; | ||
(6) a procedure for prompt investigation of a report | ||
of an act of bullying, cyberbullying, harassment, or intimidation; | ||
(7) a description of the manner in which the district | ||
will respond after an act of bullying, cyberbullying, harassment, | ||
or intimidation has been reported, investigated, and confirmed; | ||
(8) a prohibition against engaging in reprisal or | ||
retaliation against any person who reports an act of bullying, | ||
cyberbullying, harassment, or intimidation and a description of the | ||
consequences and appropriate remedial action for a person who | ||
engages in such reprisal or retaliation; | ||
(9) a prohibition against a district student, | ||
employee, or volunteer engaging in reprisal or retaliation against | ||
a victim of, witness to, or person with reliable information | ||
concerning an act of bullying, cyberbullying, harassment, or | ||
intimidation; | ||
(10) a description of the consequences and appropriate | ||
remedial action for a person who, for the purpose of reprisal or | ||
retaliation, has falsely accused another of having engaged in an | ||
act of bullying, cyberbullying, harassment, or intimidation; | ||
(11) a description of the manner in which the policy is | ||
to be publicized in the district; | ||
(12) a requirement that any publicizing of the policy | ||
include notice that the policy applies both to behavior on school | ||
grounds and behavior at school-sponsored activities; and | ||
(13) the identification by job title of each school | ||
official responsible for ensuring that the policy is implemented. | ||
(d) Subsection (c)(4) may not be construed to authorize | ||
formal disciplinary action based solely on an anonymous report. | ||
SECTION 2. Subsection (a), Section 37.083, 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 3. 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. |