85R3559 MEW-D     By: Menéndez, Zaffirini S.B. No. 180       A BILL TO BE ENTITLED   AN ACT   relating to student harassment, bullying, and cyberbullying.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as David's Law.          SECTION 2.  Section 37.0832, Education Code, is amended by   amending Subsections (a), (c), (d), and (e) and adding Subsection   (a-1) to read as follows:          (a)  In this section:                (1)  "Bullying":                      (A)  [, "bullying"] 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 [, subject   to Subsection (b),] engaging in written or verbal expression,   expression through electronic means, or physical conduct, that   satisfies the applicability requirements provided by Subsection   (a-1), [that occurs on school property, at a school-sponsored or   school-related activity, or in a vehicle operated by the district]   and that:                            (i) [(1)]  has the effect or will have the   effect of physically harming a student, causing a student to   experience substantial negative mental health effects, 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) [(2)]  is sufficiently severe,   persistent, and 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; and                      (B)  includes cyberbullying.                (2)  "Cyberbullying" means bullying that is done   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, a   social media account, or an Internet website.          (a-1)  This section applies to:                (1)  bullying 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)  bullying 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)  cyberbullying that occurs off school property or   outside of a school-sponsored or school-related activity if the   cyberbullying:                      (A)  interferes with a student's educational   opportunities; or                      (B)  substantially disrupts the orderly operation   of a classroom, school, or school-sponsored or school-related   activity.          (c)  The board of trustees of each school district and the   governing body of each open-enrollment charter school or private   school shall adopt a policy, including any necessary procedures,   concerning bullying that:                (1)  prohibits the bullying of a student;                (2)  prohibits retaliation against any person,   including a victim, a witness, or another person, who in good faith   provides information concerning an incident of bullying;                (3)  establishes a procedure for providing notice of an   incident of bullying to a parent or guardian of the victim and a   parent or guardian of the bully not later than the next school day   [within a reasonable amount of time] after the incident is   reported;                (4)  establishes the actions a student should take to   obtain assistance and intervention in response to bullying;                (5)  sets out the available counseling options for a   student who is a victim of or a witness to bullying or who engages in   bullying;                (6)  establishes procedures for reporting an incident   of bullying, including procedures for a student, parent, teacher,   or administrator to anonymously report an incident of bullying,   investigating a reported incident of bullying, and determining   whether the reported incident of bullying occurred;                (7)  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; and                (8)  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.).          (d)  The policy and any necessary procedures adopted under   Subsection (c) must be included:                (1)  annually, in any [the] student and employee   [school district] handbooks; and                (2)  in the district improvement plan under Section   11.252.          (e)  The procedure for reporting bullying established under   Subsection (c) must be posted on the district's or school's Internet   website to the extent practicable.          SECTION 3.  Subchapter A, Chapter 37, Education Code, is   amended by adding Section 37.0052 to read as follows:          Sec. 37.0052.  PLACEMENT OR EXPULSION OF STUDENTS WHO HAVE   ENGAGED IN CERTAIN BULLYING BEHAVIOR. (a)  In this section:                (1)  "Bullying" has the meaning assigned by Section   37.0832.                (2)  "Intimate visual material" has the meaning   assigned by Section 98B.001, Civil Practice and Remedies Code.          (b)  A student may be removed from class and placed in a   disciplinary alternative education program as provided by Section   37.008 or expelled if the student:                (1)  engages in bullying that encourages a minor to   commit or attempt to commit suicide;                (2)  incites violence against a minor through group   bullying; or                (3)  releases or threatens to release intimate visual   material of a minor.          SECTION 4.  Subchapter A, Chapter 37, Education Code, is   amended by adding Section 37.0151 to read as follows:          Sec. 37.0151.  REPORT TO LOCAL LAW ENFORCEMENT REGARDING   CERTAIN CONDUCT CONSTITUTING ASSAULT OR HARASSMENT; LIABILITY. (a)   The principal of a public or private primary or secondary school, or   a person designated by the principal under Subsection (c), shall   make a report to any school district police department and the   police department of the municipality in which the school is   located or, if the school is not in a municipality, the sheriff of   the county in which the school is located if the principal has   reasonable grounds to believe that a student engaged in conduct   that constitutes an offense under Section 22.01 or 42.07(a)(7),   Penal Code.          (b)  A person who makes a report under this section shall   include the name and address of each student the person believes may   have participated in the conduct.          (c)  The principal of a public or private primary or   secondary school may designate a school employee, other than a   school counselor, who is under the supervision of the principal to   make the report under this section.          (d)  A person is not liable in civil damages for making a   report in good faith under this section.          SECTION 5.  Sections 37.218(a)(1) and (2), Education Code,   are amended to read as follows:                (1)  "Bullying" has the meaning assigned by Section   37.0832 [25.0342].                (2)  "Cyberbullying" has the meaning assigned by   Section 37.0832 [means the use of any electronic communication   device to engage in bullying or intimidation].          SECTION 6.  Section 33.006(b), Education Code, is amended to   read as follows:          (b)  In addition to a school counselor's responsibility   under Subsection (a), the school counselor shall:                (1)  participate in planning, implementing, and   evaluating a comprehensive developmental guidance program to serve   all students and to address the special needs of students:                      (A)  who are at risk of dropping out of school,   becoming substance abusers, participating in gang activity, or   committing suicide;                      (B)  who are in need of modified instructional   strategies; or                      (C)  who are gifted and talented, with emphasis on   identifying and serving gifted and talented students who are   educationally disadvantaged;                (2)  consult with a student's parent or guardian and   make referrals as appropriate in consultation with the student's   parent or guardian;                (3)  consult with school staff, parents, and other   community members to help them increase the effectiveness of   student education and promote student success;                (4)  coordinate people and resources in the school,   home, and community;                (5)  with the assistance of school staff, interpret   standardized test results and other assessment data that help a   student make educational and career plans; [and]                (6)  deliver classroom guidance activities or serve as   a consultant to teachers conducting lessons based on the school's   guidance curriculum; and                (7)  serve as an impartial, nonreporting mediator for   interpersonal conflicts involving two or more students, including   accusations of bullying or cyberbullying under Section 37.0832.          SECTION 7.  Section 42.07(b)(1), Penal Code, is amended to   read as follows:                (1)  "Electronic communication" means a transfer of   signs, signals, writing, images, sounds, data, or intelligence of   any nature transmitted in whole or in part by a wire, radio,   electromagnetic, photoelectronic, or photo-optical system. The   term includes:                      (A)  a communication initiated by electronic   mail, instant message, Internet website, social media application,   network call, [or] facsimile machine, or other Internet-based   communication tool; and                      (B)  a communication made to a pager.          SECTION 8.  Section 37.0832(b), Education Code, is repealed.          SECTION 9.  The change in law made by this Act applies only   to an offense committed or conduct violating a penal law of this   state that occurs on or after the effective date of this Act. An   offense committed or conduct that occurs before the effective date   of this Act is governed by the law in effect on the date the offense   was committed or conduct occurred, and the former law is continued   in effect for that purpose. For purposes of this section, an   offense was committed or conduct violating a penal law of this state   occurred before the effective date of this Act if any element of the   offense or conduct occurred before that date.          SECTION 10.  This Act takes effect September 1, 2017.