Education Code § 37.0832

Sec. 37.0832. BULLYING PREVENTION POLICIES AND PROCEDURES. (a) In this section: (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; 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, or any other Internet-based communication tool. (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 vehicle 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. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 15, eff. September 1, 2017. (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) 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 alleged bully within a reasonable amount of time after the incident; (5) establishes the actions a student should take to obtain assistance and intervention in response to bullying; (6) sets out the available counseling options for a student who is a victim of or a witness to bullying or who engages in bullying; (7) establishes procedures for reporting an incident of bullying, including procedures for a student to anonymously report an incident of bullying, investigating a reported incident of bullying, and determining whether the reported incident of bullying occurred; (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; (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 (10) complies with the minimum standards adopted by the agency under Subsection (c-1). (c-1) The agency shall adopt minimum standards for a school district's policy under Subsection (c). The standards must: (1) include an emphasis on bullying prevention by focusing on school climate and building healthy relationships between students and staff; (2) require each district campus to establish a committee to address bullying by focusing on prevention efforts and health and wellness initiatives; (3) require students at each grade level to meet periodically for instruction on building relationships and preventing bullying, including cyberbullying; (4) include an emphasis on increasing student reporting of bullying incidents to school employees by: (A) increasing awareness about district reporting procedures; and (B) providing for anonymous reporting of bullying incidents; (5) require districts to: (A) collect information annually through student surveys on bullying, including cyberbullying; and (B) use those survey results to develop action plans to address student concerns regarding bullying, including cyberbullying; and (6) require districts to develop a rubric or checklist to assess an incident of bullying and to determine the district's response to the incident. (d) The policy and any necessary procedures adopted under Subsection (c) must be included: (1) annually, in 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 Internet website to the extent practicable. (f) Repealed by Acts 2021, 87th Leg., R.S., Ch. 972 (S.B. 2050), Sec. 3, eff. June 18, 2021. Added by Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 7, eff. June 17, 2011. Amended by: Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 2, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 15, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 972 (S.B. 2050), Sec. 1, eff. June 18, 2021. Acts 2021, 87th Leg., R.S., Ch. 972 (S.B. 2050), Sec. 3, eff. June 18, 2021.