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Senate Bill 179: David's Law
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David's Law (PDF - printable version)
David's Law relates to student harassment, bullying, cyberbullying, injury to or death of a minor; creating a criminal offense. Effective September 1, 2017.
Changes include:
- Definition of bullying changed to
- single significant act or pattern of acts by one or more students directed at another student that exploits an imbalance of power
- Include
- Is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student
- materially and substantially disrupts the educational process or the orderly operation of a classroom or school
- Infringes on the rights of the victim at school and
- Cyberbullying
- Definition of Cyberbullying
Bullying that is done through the use of electronic communication, including through the use of a cellular or other type of telephone, a computer, a pager, a camera, electronic mail, instant messaging, text messaging, a social media application, Internet website, or other Internet-based communication tool
- 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
- On a publicly or privately owned school bus or van being used for transportation of students to or from school or a school-sponsored or school-related activity
- Cyberbullying that occurs
- Off school property or outside of a school-sponsored or school-related activity if the cyberbullying
- Interferes with a student's educational opportunities
- Substantially disrupts the orderly operations of a classroom, school, or school-sponsored or school-related activity
- Off school property or outside of a school-sponsored or school-related activity if the cyberbullying
- Procedure for providing notice of an incident of bullying to a parent or guardian of the alleged victim on or before the third business day after the date the incident is reported; and to a parent or guardian of the alleged bully within a reasonable amount of time after the incident
- Procedures for a student to anonymously report an incident of bullying
- Additional points. David's Law
- allows school districts to establish a districtwide policy related to bullying prevention and mediation
- specifies the placement or expulsion of certain students for certain bullying behavior
- specifies reports that school principals may make to local law enforcement
- allows continuing education requirements for classroom teachers and principals to include instruction related to grief-informed and trauma-informed strategies
- requires TEA to maintain a website with resources related to student mental health needs
- amends the Health and Safety Code to expand the list of certain procedures that school districts may develop
- amends the Civil Practice and Remedies Code to specify relief for cyberbullying of a child, and to require that the Texas Supreme Court promulgate forms for use as an application for injunctive relief in suits relating to cyberbullying
- amends the Penal Code to include certain actions within the offense of harassment
- Definition of bullying changed to
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Bullying and Harassment Report Flowchart
- Report of Bullying and Harassment Incident
- In-person Written Report
- Written Anonymous Report
- Online Anonymous Report
- Designated Campus Administrator (complete steps 3 and 4)
- Notification of Incident must be made
- To the parent/guardian of alleged victim on or before the third business day after the date the incident is reported
- To the parent/guardian of the alleged perpetrator within a reasonable amount of time (complete both steps)
- Investigation must be initiated and completed within 5 school days (complete steps 5 and 6)
- Results of Investigation
- Determination if disciplinary action is warranted
- Notification to parents of alleged victim
- Notification to parents of alleged perpetrator
- Notification to appropriate GPISD personnel
- Notification to GP Police Department if required
- Refer Alleged Victim AND Alleged Perpetrator to Counselor for Counseling Support including
- Individual Counseling
- Small Group Counseling
- Crisis Counseling
- Peer Mediation
- Family Resources
- Report of Bullying and Harassment Incident