|  | 
         
            |  | 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 37.0832, Education Code, is amended by | 
         
            |  | amending Subsection (c) and adding Subsection (c-1) to read as | 
         
            |  | follows: | 
         
            |  | (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) [ (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; | 
         
            |  | (4) [ (3)]  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) [ (4)]  establishes the actions a student should | 
         
            |  | take to obtain assistance and intervention in response to bullying; | 
         
            |  | (6) [ (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; | 
         
            |  | (7) [ (6)]  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) [ (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] | 
         
            |  | (9) [ (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.); 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 annual bullying prevention training for | 
         
            |  | district employees and students; | 
         
            |  | (3)  require each district campus to establish a | 
         
            |  | committee to address bullying by focusing on prevention efforts and | 
         
            |  | health and wellness initiatives; | 
         
            |  | (4)  require students at each grade level to meet | 
         
            |  | periodically for instruction on building relationships and | 
         
            |  | preventing bullying, including cyberbullying; | 
         
            |  | (5)  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; | 
         
            |  | (6)  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 | 
         
            |  | (7)  require districts to develop a rubric or checklist | 
         
            |  | to assess an incident of bullying and to determine the district's | 
         
            |  | response to the incident. | 
         
            |  | SECTION 2.  Section 48.009, Education Code, is amended by | 
         
            |  | adding Subsection (b-4) to read as follows: | 
         
            |  | (b-4)  The commissioner by rule shall require each school | 
         
            |  | district and open-enrollment charter school to annually report | 
         
            |  | through the Public Education Information Management System the | 
         
            |  | number of reported incidents of bullying that have occurred at each | 
         
            |  | campus.  The commissioner's rules shall require a district or | 
         
            |  | school to specify the number of incidents of bullying that included | 
         
            |  | cyberbullying. | 
         
            |  | SECTION 3.  Section 37.0832(f), Education Code, is repealed. | 
         
            |  | SECTION 4.  This Act applies beginning with the 2021-2022 | 
         
            |  | school year. | 
         
            |  | SECTION 5.  This Act takes effect immediately if it receives | 
         
            |  | a vote of two-thirds of all the members elected to each house, as | 
         
            |  | provided by Section 39, Article III, Texas Constitution.  If this | 
         
            |  | Act does not receive the vote necessary for immediate effect, this | 
         
            |  | Act takes effect September 1, 2021. |