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               A BILL TO BE ENTITLED
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               AN ACT
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            relating to bullying and cyberbullying in public schools. | 
         
         
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                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
         
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                   SECTION 1.  Section 37.0832, Education Code, is amended by  | 
         
         
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            amending Subsection (c) and adding Subsection (c-1) to read as  | 
         
         
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            follows: | 
         
         
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                   (c)  The board of trustees of each school district shall  | 
         
         
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            adopt a policy, including any necessary procedures, concerning  | 
         
         
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            bullying that: | 
         
         
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                         (1)  prohibits the bullying of a student; | 
         
         
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                         (2)  prevents and mediates bullying incidents between  | 
         
         
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            students that: | 
         
         
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                               (A)  interfere with a student's educational  | 
         
         
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            opportunities; or | 
         
         
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                               (B)  substantially disrupt the orderly operation  | 
         
         
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            of a classroom, school, or school-sponsored or school-related  | 
         
         
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            activity; | 
         
         
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                         (3) [(2)]  prohibits retaliation against any person,  | 
         
         
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            including a victim, a witness, or another person, who in good faith  | 
         
         
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            provides information concerning an incident of bullying; | 
         
         
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                         (4) [(3)]  establishes a procedure for providing  | 
         
         
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            notice of an incident of bullying to: | 
         
         
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                               (A)  a parent or guardian of the alleged victim on  | 
         
         
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            or before the third business day after the date the incident is  | 
         
         
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            reported; and | 
         
         
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                               (B)  a parent or guardian of the alleged bully  | 
         
         
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            within a reasonable amount of time after the incident; | 
         
         
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                         (5) [(4)]  establishes the actions a student should  | 
         
         
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            take to obtain assistance and intervention in response to bullying; | 
         
         
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                         (6) [(5)]  sets out the available counseling options  | 
         
         
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            for a student who is a victim of or a witness to bullying or who  | 
         
         
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            engages in bullying; | 
         
         
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                         (7) [(6)]  establishes procedures for reporting an  | 
         
         
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            incident of bullying, including procedures for a student to  | 
         
         
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            anonymously report an incident of bullying, investigating a  | 
         
         
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            reported incident of bullying, and determining whether the reported  | 
         
         
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            incident of bullying occurred; | 
         
         
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                         (8) [(7)]  prohibits the imposition of a disciplinary  | 
         
         
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            measure on a student who, after an investigation, is found to be a  | 
         
         
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            victim of bullying, on the basis of that student's use of reasonable  | 
         
         
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            self-defense in response to the bullying; [and] | 
         
         
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                         (9) [(8)]  requires that discipline for bullying of a  | 
         
         
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            student with disabilities comply with applicable requirements  | 
         
         
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            under federal law, including the Individuals with Disabilities  | 
         
         
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            Education Act (20 U.S.C. Section 1400 et seq.); and | 
         
         
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                         (10)  complies with the minimum standards adopted by  | 
         
         
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            the agency under Subsection (c-1). | 
         
         
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                   (c-1)  The agency shall adopt minimum standards for a school  | 
         
         
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            district's policy under Subsection (c). The standards must: | 
         
         
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                         (1)  include an emphasis on bullying prevention by  | 
         
         
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            focusing on school climate and building healthy relationships  | 
         
         
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            between students and staff; | 
         
         
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                         (2)  require each district campus to establish a  | 
         
         
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            committee to address bullying by focusing on prevention efforts and  | 
         
         
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            health and wellness initiatives; | 
         
         
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                         (3)  require students at each grade level to meet  | 
         
         
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            periodically for instruction on building relationships and  | 
         
         
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            preventing bullying, including cyberbullying; | 
         
         
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                         (4)  include an emphasis on increasing student  | 
         
         
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            reporting of bullying incidents to school employees by: | 
         
         
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                               (A)  increasing awareness about district  | 
         
         
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            reporting procedures; and | 
         
         
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                               (B)  providing for anonymous reporting of  | 
         
         
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            bullying incidents; | 
         
         
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                         (5)  require districts to: | 
         
         
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                               (A)  collect information annually through student  | 
         
         
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            surveys on bullying, including cyberbullying; and | 
         
         
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                               (B)  use those survey results to develop action  | 
         
         
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            plans to address student concerns regarding bullying, including  | 
         
         
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            cyberbullying; and | 
         
         
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                         (6)  require districts to develop a rubric or checklist  | 
         
         
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            to assess an incident of bullying and to determine the district's  | 
         
         
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            response to the incident. | 
         
         
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                   SECTION 2.  Section 48.009, Education Code, is amended by  | 
         
         
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            adding Subsection (b-4) to read as follows: | 
         
         
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                   (b-4)  The commissioner by rule shall require each school  | 
         
         
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            district and open-enrollment charter school to annually report  | 
         
         
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            through the Public Education Information Management System the  | 
         
         
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            number of reported incidents of bullying that have occurred at each  | 
         
         
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            campus.  The commissioner's rules shall require a district or  | 
         
         
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            school to specify the number of incidents of bullying that included  | 
         
         
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            cyberbullying. | 
         
         
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                   SECTION 3.  Section 37.0832(f), Education Code, is repealed. | 
         
         
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                   SECTION 4.  This Act applies beginning with the 2021-2022  | 
         
         
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            school year. | 
         
         
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                   SECTION 5.  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, 2021. |