By:AAMenendez

H.B.ANo.A1059

A BILL TO BE ENTITLED 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 disrupts the AN ACT relating to bullying, including cyberbullying, in public schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA1.AASection 25.0342, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows: (a)AAIn this section: (1)AA"Bullying": (A)AA[, "bullying"] means a single significant act or a pattern of acts by one student directed at another student that involves engaging in written or verbal expression or physical

conduct, that satisfies the applicability requirements provided by Subsection (a-1), and that a school district board of trustees or the board s designee determines: (i)A[(1)]AAwill have the effect of

physically or emotionally 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] (ii)A[(2)]AAis sufficiently severe,

persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student; (iii)AAmaterially education process or the and orderly substantially operation of a

82R5967 CAS-F

H.B.ANo.A1059 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 at school; and (B)AAincludes cyberbullying. (2)AA"Cyberbullying" means bullying that is done school; or (iv)AAinfringes on the rights of the victim

through the use of electronic communication, including through the use of a cellular or other type of telephone, a computer, a pager, a camera, electronic mail, instant messaging, text messaging, or an Internet website. (a-1)AAThis section applies to: (1)AAbullying that occurs on or is delivered to school property or to the site of a school-sponsored or school-related activity on or off school property; (2)AAbullying that occurs on a publicly or privately owned school bus or van being used for transportation of students to or from school or a school-sponsored or school-related activity; and (3)AAcyberbullying that occurs off school property or outside of a school-sponsored or school-related activity if the cyberbullying: (A)AAinterferes opportunities; or (B)AAsubstantially disrupts the orderly operation of a school or school-sponsored or school-related activity. SECTIONA2.AASections 37.001(a) and (b), Education Code, are amended to read as follows: (a)AAThe board of trustees of an independent school district with a student s educational

H.B.ANo.A1059 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 factor in shall, with the advice of its district-level committee established under Subchapter F, Chapter 11, adopt a student code of conduct for the district.AAThe student code of conduct must be posted and

prominently displayed at each school campus or made available for review at the office of the campus principal.AAIn addition to

establishing standards for student conduct, the student code of conduct must: (1)AAspecify the circumstances, in accordance with this subchapter, under which a student may be removed from a classroom, campus, or disciplinary alternative education program; (2)AAspecify conditions that authorize or require a

principal or other appropriate administrator to transfer a student to a disciplinary alternative education program; (3)AAoutline conditions under which a student may be suspended as provided by Section 37.005 or expelled as provided by Section 37.007; (4)AAspecify that consideration will be given, as a each decision concerning education suspension, program, removal to a or

disciplinary placement regardless in

alternative a juvenile whether

expulsion,

justice the

alternative

education a

program, or

of

decision

concerns

mandatory

discretionary action, to: (A)AAself-defense; (B)AAintent or lack of intent at the time the

student engaged in the conduct; (C)AAa student s disciplinary history; or (D)AAa disability that substantially impairs the

H.B.ANo.A1059 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 bullying, school grounds; (B)AAdisciplining students; and (C)AApreventing and intervening in student lists and term of: (A)AAa removal under Section 37.006; and (B)AAan expulsion under Section 37.007; (6)AAaddress the notification of a student s parent or guardian of a violation of the student code of conduct committed by the student that results in suspension, removal to a disciplinary alternative education program, or expulsion; (7)AAprohibit ensure that bullying, district harassment, employees and making hit student s capacity to appreciate the wrongfulness of the student s conduct; (5)AAprovide guidelines for setting the length of a

enforce

those

prohibitions; [and] (8)AAprovide, as appropriate for students at each grade level, methods, including options, for: (A)AAmanaging students in the classroom and on

discipline problems, including bullying, harassment, and making hit lists; (9)AAinclude harassment, or a procedure intimidation for reporting includes an act of a

that

allowing

person to anonymously report such an act; and (10)AAinclude a procedure for prompt investigation of a reported act of bullying, harassment, or intimidation. (b)AAIn this section:

H.B.ANo.A1059 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 shall, Penal Code; or (C)AAany other object to be used with intent to cause bodily harm. SECTIONA3.AASection 37.083, Education Code, is amended to read as follows: Sec.A37.083.AADISCIPLINE HARASSMENT POLICIES. (a) MANAGEMENT PROGRAMS; SEXUAL Penal Code; (B)AAa knife, as defined by Section 46.01(7), 25.0342. (2)AA"Harassment" means threatening to cause harm or bodily injury to another student, engaging in sexually intimidating conduct, student, causing physical another damage to the property of another or (1)AA"Bullying" has the meaning assigned by Section

subjecting or

student any

to

physical that

confinement

restraint,

maliciously

taking

action

substantially

harms another student s physical or emotional health or safety. (3)A[(2)]AA"Hit list" means a list of people targeted to be harmed, using: (A)AAa firearm, as defined by Section 46.01(3),

Each school district shall adopt and

implement a discipline management program to be included in the district improvement plan under Section 11.252.AAThe program must provide for prevention of and education concerning unwanted

physical or verbal aggression, sexual harassment, and other forms of bullying [in school, on school grounds, and in school vehicles]. (b)AAEach school district and open-enrollment charter school in consultation with any districtand campus-level

H.B.ANo.A1059 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 act of committees established under Section 11.251, [may] develop and

implement a written policy concerning sexual harassment and other forms of bullying [policy] to be included, as applicable, in the district improvement plan under Section 11.252. (1)AAinclude cyberbullying assigned the by definitions Section The policy must: of bullying including and the

25.0342,

applicability information provided by Section 25.0342(a-1); (2)AAestablish a procedure for providing notice of an act of sexual harassment or another form of bullying to a parent or guardian of the victim and the parent or guardian of the perpetrator within 48 hours of the time the act is reported; and (3)AAinclude a procedure for investigating a reported sexual harassment or another form of bullying and for

responding to and remediating any such substantiated act. (c)AAEach school district and open-enrollment charter school shall, to the greatest extent practicable, integrate the policy required by Subsection (b) into the curriculum, the student code of conduct, staff and volunteer training, and behavioral and violence prevention programs of the district or charter school. SECTIONA4.AAThis Act applies beginning with the 2011-2012 school year. SECTIONA5.AAThis 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.