HB1405 - Relating to bullying and cyberbullying in public schools.

  89R5489 AMF-D     By: Reynolds, Allen, Rosenthal, Lalani H.B. No. 1405       A BILL TO BE ENTITLED   AN ACT   relating to bullying and cyberbullying in public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 28.0022, Education Code, is amended by   adding Subsections (h) and (i) to read as follows:           (h)     Nothing in this section may be construed as limiting a   teacher, administrator, or other employee of a state agency, school   district, or open-enrollment charter school from:                 (1)     implementing a strategy to prevent or mediate   specific instances or school-wide cultures of bullying or   harassment that occur due to a victim's actual or perceived   religion, disability status, race, ethnicity, color, national   origin, sex, or association with a person or group with one or more   of those actual or perceived characteristics, including a strategy   implemented under a policy adopted under Section 37.0832; or                 (2)     training teachers, administrators, or other   employees in the implementation of a strategy described by   Subdivision (1), including by providing staff development under   Section 21.451.           (i)  In this section:                   (1)     "Bullying" has the meaning assigned by Section   37.0832.                 (2)     "Harassment" has the meaning assigned by Section   37.001.          SECTION 2.  Section 37.0832(a), Education Code, is amended   by amending Subdivisions (1) and (2) and adding Subdivision (3) to   read as follows:                (1)  "Bullying":                      (A)  means a single significant act or a pattern   of acts by one or more students directed at another student that   exploits an imbalance of power and involves engaging in written or   verbal expression, expression through electronic means, or   physical conduct that satisfies the applicability requirements   provided by Subsection (a-1), and that:                            (i)  has the effect or 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;                            (ii)  is sufficiently severe, persistent, or   pervasive enough that the action or threat creates an intimidating,   threatening, or abusive educational environment for a student;                            (iii)  materially and substantially   disrupts the educational process or the orderly operation of a   classroom or school; [ or ]                            (iv)  infringes on the rights of the victim   at school; or                             (v)     targets a victim on the basis of the   victim's actual or perceived religion, disability status, race,   ethnicity, color, national origin, sex, or association with a   person or group with one or more of those actual or perceived   characteristics;  and                      (B)  includes cyberbullying.                (2)  "Cyberbullying" means bullying that is done   through the use of any electronic communication device, including   through the use of a cellular or other type of telephone, a   computer, a camera, electronic mail, instant messaging, text   messaging, a social media application, an Internet website, an   application using artificial intelligence, or any other   Internet-based communication tool.                 (3)     "Harassment" has the meaning assigned by Section   37.001.          SECTION 3.  Section 37.0832, Education Code, is amended by   adding Subsections (b), (b-1), and (b-2) and amending Subsections   (c), (c-1), (d), and (e).           (b)   [ (c) ] The board of trustees of each school district   shall adopt a policy, including any necessary procedures,   concerning bullying that:                (1)  prohibits the bullying of a student;                (2)  prevents and mediates bullying incidents between   students that:                      (A)  interfere with a student's educational   opportunities; or                      (B)  substantially disrupt the orderly operation   of a classroom, school, or school-sponsored or school-related   activity;                (3)  prohibits retaliation against any person,   including a victim, a witness, or another person, who in good faith   provides information concerning an incident of bullying;                 (4)     requires a school district employee who, in the   course and scope of employment, witnesses or receives information   regarding an incident that the employee reasonably believes   constitutes bullying by or against a student who at the time of the   incident is enrolled in the district at which the employee is   employed to report the information to a campus behavior coordinator   or other appropriate district official;                 (5)   [ (4) ] establishes a procedure for providing notice   of an incident of bullying to:                      (A)  a parent or guardian of the alleged victim on   or before the third business day after the date the incident is   reported; and                      (B)  a parent or guardian of the student alleged   to have engaged in bullying [ bully ] within a reasonable amount of   time after the incident;                 (6)   [ (5) ] establishes the actions a student should   take to obtain assistance and intervention in response to bullying;                 (7)   [ (6) ] sets out the supportive measures provided by   the district under Subsection (b-1) and available to [ available   counseling options for ] a student who is impacted by bullying,   including the alleged [ a ] victim of bullying, a student who   allegedly engaged in bullying, or a witness to bullying [ or who   engages in bullying ];                 (8)   [ (7) ] establishes procedures for reporting an   incident of bullying, including procedures for a student to   anonymously report an incident of bullying ;                 (9)  establishes procedures for [ , ] investigating a   reported incident of bullying, and determining whether the reported   incident of bullying occurred , which must include:                       (A)     the provision of written notice of the   investigation or a reported incident of bullying to the impacted   students, including a victim of bullying and a student who   allegedly engaged in bullying, and the parents or guardians of   those students;                       (B)     the provision of supportive measures under   Subsection (b-1) to the impacted students throughout the   investigation;                       (C)     an opportunity for the impacted students to   identify witnesses and provide information and evidence relating to   the reported incident of bullying;                       (D)     the issuance of an investigative report that   includes a summary of evidence considered, the investigator's   determination as to whether the reported incident occurred and, if   so, the student or students responsible for the incident, and the   rationale for those determinations;                       (E)     an opportunity for each impacted student and   that student's parent or guardian to review and comment on the   investigative report required under Paragraph (D) before the report   is finalized; and                       (F)     an opportunity for each impacted student to   appeal a determination of the investigator ;                 (10)     requires investigations conducted under the   procedures established under Subdivision (9) to be completed not   later than the 10th business day after the district receives a   report of bullying submitted under the procedures established under   Subdivision (8), unless the time period is extended for good cause   and a written notice of the extension and rationale is provided to   impacted students and those students' parents or guardians;                 (11)   [ (8) ] prohibits the imposition of a disciplinary   measure on a student who, after an investigation, is found to be a   victim of bullying, on the basis of that student's use of reasonable   self-defense in response to the bullying;                 (12)   [ (9) ] requires that discipline for bullying of a   student with disabilities comply with applicable requirements   under federal law, including the Individuals with Disabilities   Education Act (20 U.S.C. Section 1400 et seq.); and                 (13)   [ (10) ] complies with the minimum standards   adopted by the agency under Subsection (c) [ (c-1) ].           (b-1)     The board of trustees of each school district shall   provide to a student impacted by bullying supportive measures that   are not disciplinary or punitive and are individualized to the   student.   Measures provided under this subsection shall be designed   to:                 (1)     protect the safety of all students, teachers, and   other school staff in the district; and                 (2)     ensure a student impacted by bullying has   continued access to the school's educational program, including the   student's normal instructional lessons and extracurricular   activities, and may include:                       (A)  counseling;                         (B)     the extension of a deadline for turning in   coursework or other instruction-related adjustments;                       (C)  modifications to a class schedule;                       (D)     requiring an employee of the district to   escort a student while the student is on a district campus;                       (E)  a transfer under Section 25.0342;       & [Text truncated for display. 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