A school district board or its designee must transfer a bullying victim on request, and may transfer a student who engaged in bullying.
Sec. 25.0342. TRANSFER OF STUDENTS WHO ARE VICTIMS OF OR HAVE ENGAGED IN BULLYING. (a) In this section, "bullying" has the meaning assigned by Section 37.0832. (b) On the request of a parent or other person with authority to act on behalf of a student who is a victim of bullying, the board of trustees of a school district or the board's designee shall transfer the victim to: (1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or (2) a campus in the school district other than the campus to which the victim was assigned at the time the bullying occurred. (b-1) The board of trustees of a school district may transfer the student who engaged in bullying to: (1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or (2) a campus in the district other than the campus to which the victim was assigned at the time the bullying occurred, in consultation with a parent or other person with authority to act on behalf of the student who engaged in bullying. (b-2) Section 37.004 applies to a transfer under Subsection (b-1) of a student with a disability who receives special education services. (c) The board of trustees or the board's designee shall verify that a student has been a victim of bullying before transferring the student under this section. (d) The board of trustees or the board's designee may consider past student behavior when identifying a bully. (e) The determination by the board of trustees or the board's designee is final and may not be appealed. (f) A school district is not required to provide transportation to a student who transfers to another campus under Subsection (b)(2). (g) Section 25.034 does not apply to a transfer under this section. Added by Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 2, eff. June 18, 2005. Renumbered from Education Code, Section 25.0341 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(12), eff. September 1, 2007. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 2, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 3, eff. June 17, 2011.