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A BILL TO BE ENTITLED
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AN ACT
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relating to bullying and harassment in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 25.0342, Education Code, |
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is amended to read as follows: |
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Sec. 25.0342. TRANSFER OF STUDENTS WHO ARE VICTIMS OF OR |
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HAVE ENGAGED IN BULLYING. |
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SECTION 2. Section 25.0342, Education Code, is amended by |
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amending Subsections (a), (c), and (e) and adding Subsections (b-1) |
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and (b-2) to read as follows: |
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(a) In this section, "bullying" means engaging in physical |
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conduct or written or verbal expression, including expression |
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through electronic means, on or off of school property, [or
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physical conduct] that a school district board of trustees or the |
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board's designee determines: |
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(1) will have the effect of physically harming a |
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student, damaging a student's property, or placing a student in |
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reasonable fear of harm to the student's person or of damage to the |
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student's property; [or] |
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(2) is sufficiently severe, persistent, or pervasive |
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enough that the action or threat creates an intimidating, |
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threatening, or abusive educational environment for a student; or |
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(3) substantially disrupts the orderly operation of a |
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school. |
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(b-1) On the request of a parent or other person with |
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authority to act on behalf of a student who is a victim of bullying, |
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the board of trustees of a school district or the board's designee |
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may transfer the student who engaged in bullying to: |
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(1) another classroom at the campus to which the |
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victim was assigned at the time the bullying occurred; or |
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(2) a campus in the district other than the campus to |
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which the victim was assigned at the time the bullying occurred. |
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(b-2) To the extent practicable, the board of trustees and |
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each district educator with knowledge of the request shall keep a |
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request received under Subsection (b) or (b-1) confidential. |
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(c) The board of trustees or the board's designee shall |
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verify that a student has been a victim of or has engaged in |
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bullying, as applicable, before transferring the student under this |
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section. |
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(e) The determination by the board of trustees or the |
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board's designee under Subsection (c) is final and may not be |
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appealed. |
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SECTION 3. Section 37.001(b), Education Code, is amended to |
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read as follows: |
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(b) In this section: |
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(1) "Bullying" has the meaning assigned by Section |
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25.0342. |
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(2) "Harassment" means threatening to cause harm or |
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bodily injury to another student, engaging in sexually intimidating |
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conduct, causing physical damage to the property of another |
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student, subjecting another student to physical confinement or |
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restraint, or maliciously taking any action that substantially |
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harms another student's physical or emotional health or safety. |
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(3) [(2)] "Hit list" means a list of people targeted |
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to be harmed, using: |
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(A) a firearm, as defined by Section 46.01(3), |
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Penal Code; |
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(B) a knife, as defined by Section 46.01(7), |
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Penal Code; or |
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(C) any other object to be used with intent to |
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cause bodily harm. |
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SECTION 4. Section 37.083, Education Code, is amended to |
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read as follows: |
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Sec. 37.083. DISCIPLINE MANAGEMENT PROGRAMS; BULLYING AND |
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SEXUAL HARASSMENT POLICIES. (a) Each school district shall adopt |
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and implement a discipline management program to be included in the |
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district improvement plan under Section 11.252. The program must |
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provide for prevention of and education concerning bullying, |
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unwanted physical or verbal aggression, and sexual harassment[, and
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other forms of bullying in school, on school grounds, and in school
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vehicles]. |
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(b) Each school district shall [may] develop and implement a |
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bullying and sexual harassment prevention policy to be included in |
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the district improvement plan under Section 11.252. The policy |
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must provide for: |
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(1) the instruction of students regarding the elements |
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of bullying and sexual harassment; |
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(2) the action students should take in case of |
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bullying or sexual harassment, including reporting an incident; and |
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(3) the notification of the parents or guardians of |
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each student involved in an incident of bullying or sexual |
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harassment. |
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SECTION 5. Section 39.053(a), Education Code, is amended to |
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read as follows: |
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(a) Each board of trustees shall publish an annual report |
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describing the educational performance of the district and of each |
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campus in the district that includes uniform student performance |
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and descriptive information as determined under rules adopted by |
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the commissioner. The annual report must also include: |
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(1) campus performance objectives established under |
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Section 11.253 and the progress of each campus toward those |
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objectives, which shall be available to the public; |
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(2) the performance rating for the district as |
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provided under Section 39.072(a) and the performance rating of each |
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campus in the district as provided under Section 39.072(c); |
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(3) the district's current special education |
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compliance status with the agency; |
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(4) a statement of the number, rate, and type of |
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incidents of bullying, harassment, sexual harassment, |
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discrimination, and violent or criminal incidents against any |
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student on the basis of the actual or perceived race, ethnicity, |
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color, religion, gender, gender identity or expression, sexual |
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orientation, national origin, or disability of the alleged |
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perpetrator or victim that occurred on each district campus, to the |
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extent permitted under the Family Educational Rights and Privacy |
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Act of 1974 (20 U.S.C. Section 1232g); |
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(5) information concerning bullying, harassment, |
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sexual harassment, and school violence prevention and [violence] |
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intervention policies and procedures that the district is using to |
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protect students; [and] |
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(6) the findings that result from evaluations |
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conducted under the Safe and Drug-Free Schools and Communities Act |
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[of 1994] (20 U.S.C. Section 7101 et seq.) [and its subsequent
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amendments]; and |
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(7) information received under Section 51.403(e) for |
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each high school campus in the district, presented in a form |
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determined by the commissioner. |
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SECTION 6. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |