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A BILL TO BE ENTITLED
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AN ACT
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relating to school district policies to prohibit bullying, |
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cyberbullying, harassment, and intimidation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.0832 to read as follows: |
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Sec. 37.0832. SCHOOL DISTRICT POLICY TO PROHIBIT BULLYING, |
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CYBERBULLYING, HARASSMENT, AND INTIMIDATION. (a) 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) "Cyberbullying" means the use of any electronic |
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communication device to engage in bullying, harassment, or |
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intimidation. |
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(3) "Harassment" has the meaning assigned by Section |
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37.001. |
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(b) Each school district shall adopt a policy prohibiting |
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bullying, cyberbullying, harassment, and intimidation consistent |
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with the district student code of conduct adopted under Section |
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37.001. To the extent practicable, a district shall develop the |
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policy after consultation with district students, parents and |
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guardians of district students, school employees and volunteers, |
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district administrators, and community representatives. |
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(c) The school district policy adopted under this section |
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must include: |
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(1) a prohibition against bullying, cyberbullying, |
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harassment, and intimidation; |
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(2) a description of the type of behavior expected |
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from each district student; |
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(3) a description of the consequences and appropriate |
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remedial action for a person who has engaged in an act of bullying, |
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cyberbullying, harassment, or intimidation, including a strategy |
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for providing counseling and for referral to appropriate services |
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or to the appropriate county or district attorney; |
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(4) a procedure for reporting an act of bullying, |
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cyberbullying, harassment, or intimidation that includes allowing |
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a person to anonymously report such an act; |
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(5) a requirement that a district student, employee, |
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or volunteer who witnesses or has reliable information that a |
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student has been subjected to an act of bullying, cyberbullying, |
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harassment, or intimidation be encouraged to report the act to the |
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appropriate school official as designated by the district's policy; |
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(6) a procedure for prompt investigation of a report |
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of an act of bullying, cyberbullying, harassment, or intimidation; |
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(7) a description of the manner in which the district |
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will respond after an act of bullying, cyberbullying, harassment, |
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or intimidation has been reported, investigated, and confirmed; |
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(8) a prohibition against engaging in reprisal or |
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retaliation against any person who reports an act of bullying, |
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cyberbullying, harassment, or intimidation and a description of |
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the consequences and appropriate remedial action for a person who |
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engages in such reprisal or retaliation; |
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(9) a prohibition against a district student, |
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employee, or volunteer engaging in reprisal or retaliation against |
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a victim of, witness to, or person with reliable information |
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concerning an act of bullying, cyberbullying, harassment, or |
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intimidation; |
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(10) a description of the consequences and appropriate |
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remedial action for a person who, for the purpose of reprisal or |
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retaliation, has falsely accused another of having engaged in an |
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act of bullying, cyberbullying, harassment, or intimidation; |
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(11) a description of the manner in which the policy is |
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to be publicized in the district; |
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(12) a requirement that any publicizing of the policy |
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include notice that the policy applies both to behavior on school |
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grounds and behavior at school-sponsored activities; and |
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(13) the identification by job title of each school |
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official responsible for ensuring that the policy is implemented. |
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(d) Subsection (c)(4) may not be construed to authorize |
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formal disciplinary action based solely on an anonymous report. |
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(e) A school district employee who promptly reports an act |
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of bullying, cyberbullying, harassment, or intimidation to the |
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appropriate school official in compliance with the procedure |
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described in the district policy under Subsection (c)(4) is immune |
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from a cause of action for damages arising from any failure to |
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remedy the reported act. |
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SECTION 2. Section 37.083(a), Education Code, is amended to |
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read as follows: |
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(a) Each school district shall adopt and implement a |
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discipline management program to be included in the district |
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improvement plan under Section 11.252. The program must provide |
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for prevention of and education concerning unwanted physical or |
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verbal aggression and [,] sexual harassment[, and other forms of
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bullying] in school, on school grounds, and in school vehicles. |
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SECTION 3. 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, 2011. |