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TCTA members should be aware of new legislation related to bullying that was passed during the 79th regular session and went into effect on Sept. 1, 2005. The new law, which was supported by TCTA, represents an acknowledgement by the Legislature that every year, hundreds of Texas children are victims of classroom bullying, which impedes students trying to learn in the classroom. The new law attempts to address the problem by allowing a victim of bullying to transfer to another classroom or school within the district, thereby creating a stable learning environment for the victimized student. It also strengthens provisions to discipline the perpetrator by requiring districts to address the problem in greater detail in the district’s code of conduct and discipline management plan.
The law defines bullying as “written or verbal expression or conduct that the school board determines will have the effect of physically harming a student, damaging property or placing a student in fear of harm to him/herself or his/her property, or is severe enough to create an intimidating, threatening or abusive educational environment.” If a parent believes that his or her child is a victim of bullying, the parent may request that the school district transfer the child to a different classroom or campus. Upon receipt of the request, the board of trustees or the board’s designee must then verify that the student has been a victim of bullying. In doing so, it may consider past student behavior. Once it has been determined that bullying has occurred, the board or its designee is required to grant the parent’s request and transfer the victim to another classroom or district. The decision of the board or the board’s designee is final and may not be appealed.
The new law also requires that a school district take more affirmative steps towards preventing and managing bullying by mandating that the student code of conduct specifically include language that prohibits bullying, harassment and “hit lists,” and ensures that employees enforce the prohibitions. The code also must now provide methods for managing bullying and disciplining students. A special education student may not be disciplined under the new provisions until an Admission, Review and Dismissal (ARD) Committee meeting has been held to review the conduct.
Finally, school districts are now required to address the problem of bullying in the discipline management plan that is included in the district improvement plan. The program must provide for prevention of and education concerning unwanted physical or verbal aggression, sexual harassment and other forms of bullying in school, on school grounds and in school vehicles.
