The significant elements of Texas anti-bullying laws include:
- Definition of bullying: It involves a single significant act or a pattern of acts by one or more students directed at another student, exploiting an imbalance of power. It includes written, verbal, electronic, or physical conduct that causes physical harm, property damage, reasonable fear of harm, or creates an intimidating, threatening, or abusive educational environment. Cyberbullying is included in this definition.
- Scope: The laws cover bullying that occurs on school property, at school-sponsored or related activities, and off-campus if it interferes with a student's educational opportunities or disrupts school operations.
- School district policies: Districts must adopt policies prohibiting bullying and retaliation, outlining reporting procedures including anonymous reporting, investigation processes, parent/guardian notification for victims and perpetrators, and counseling options for victims, witnesses, and bullies.
- Prevention focus: Policies must emphasize bullying prevention through promoting positive school culture, building healthy relationships among students and staff, establishing local committees for bullying prevention and health initiatives, incorporating student instruction on preventing bullying and cyberbullying, and using student survey data to develop action plans.
- Discipline: Provisions are required for disciplining students with disabilities consistent with federal law. Schools may expel or place students involved in serious bullying or cyberbullying in disciplinary alternative education programs.
- Parental notification: Schools must notify parents of the alleged victim within three business days of a bullying report and notify the alleged bully's parents within a reasonable time.
- Criminal penalties: Under David’s Law, certain cyberbullying actions may carry criminal penalties including jail time and fines.
- Additional mandates: Training for educators on grief-informed and trauma-informed strategies, mental health support, and the availability of anonymous reporting are part of the framework.
Taken together, these elements form a comprehensive framework designed to prevent, identify, and respond to bullying, including cyberbullying, within Texas schools and related activities, with an emphasis on prevention, support, and accountability. This summary reflects Texas Education Code § 37.0832 and related statutes such as David's Law (SB 179) and Texas Education Agency minimum standards for bullying prevention and response.
