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By:  Hope                                                         H.B. No. 283

Substitute the following for H.B. No. 283:                                    

By:  Eissler                                                  C.S.H.B. No. 283



A BILL TO BE ENTITLED

AN ACT

relating to the transfer of public school students who are the 
victims of bullying.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 25, Education Code, is 
amended by adding Section 25.0341 to read as follows:
	Sec. 25.0341.  TRANSFER OF VICTIMS OF BULLYING.  (a)  In this 
section, "bullying" means engaging in written or verbal expression 
or physical conduct that a school district board of trustees 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)  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 
shall transfer the victim 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 school district other than the 
campus to which the victim was assigned at the time the bullying 
occurred.
	(c)  The board of trustees or the board's designee shall 
verify that a student has been a victim of bullying before 
transferring the student under this section.
	(d)  The board of trustees or the board's designee may 
consider past student behavior when identifying a bully.
	(e)  The determination by the board of trustees or the 
board's designee is final and may not be appealed.
	(f)  A school district is not required to provide 
transportation to a student who transfers to another campus under 
Subsection (b)(2).
	(g)  Section 25.034 does not apply to a transfer under this 
section.  
	SECTION 2.  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, 2005.