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Bullying Related Laws
Texas
Bullying/Harassment
Education Code 37.001 requires a districts code of conduct to prohibit bullying, harassment and making hit lists (2001).
Education Code 37.083 (1995) requires districts to adopt a discipline management program that includes the 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.
Education Code 37.083 (1995) allows schools to develop and implement a sexual harassment policy.
Education Code 37.0831 (2007) requires each school district to adopt and implement a dating violence policy. The policy must include a definition of dating violence that includes the intentional use of physical, sexual, verbal or emotional abuse by a person to harm, threaten, intimidate, or control another person in a dating relationship. It also must address safety planning, enforcement of protective orders, school-based alternatives to protective orders, training for staff, counseling and awareness education for students and parents.
Education Code 25.0342 (2005) allows a parent or another person with authority to act on behalf of a student who is a victim of bullying (as defined in the code). The parent or person with authority may request to the board of trustees of a school district or the board’s designee the transfer of a victim of bullying to another classroom at the campus, a different campus in the school district.
Education Code 37.123 (1995) prohibits disruptive activities on public or private school property, a Class B misdemeanor, which includes obstructing the passage of persons in a school building, with or without the use or threat of use of violence.
Education Code 37.124 (1995) prohibits the disruption of classes, including preventing or attempting to prevent a student from attending class or a required school activity on or within 500 feet of school property. Violation of this policy is a Class C misdemeanor.
Cyber Bullying
Cyberbullying is bullying that involves the use of any electronic communication device, including through the use of a cellular or other type of telephone, a computer, a camera, electronic mail, instant messaging, text messaging, a social media application, an Internet website, or any other Internet-based communication tool.
Texas Laws Related to Bullying and Cyberbullying
Texas Education Code Chapter 37 Section 37.001 Student Code of Conduct
Texas Education Code Chapter 37, Section 37.0832 (David’s Law) Bullying prevention policies and procedures
Texas Education Code Chapter 37, Section 37.217 Community education relating Internet safety
Texas Education Code Chapter 37, Section 37.218 Programs on dangers of students sharing visual material depicting minor engaged in sexual conduct
Texas Education Code Chapter 25, Section 25.0342 Transfer of students who are victims of or have engaged depicting minor engaged in sexual conduct
It is important for each student to report any bullying or threats to the nearest teacher or adult at school as soon as possible so school officials may take appropriate action.
If you have concerns about bullying, meet with the campus principal to express your concerns. If your child is receiving special education services, go to the ARD committee to focus on the problem and arrange a plan to intervene at the campus level. For additional guidance related to addressing your concerns, we encourage you to visit your district office for clarification.
U.S. Department of Health and Human Services, Health Resources and Services Administration
Hazing
Education Code 37.152 (1995) prohibits the act, the encouragement, direction, or aiding, and the reckless permitting of hazing. If any of these lead to serious bodily injury, the offenders are guilty of a Class A misdemeanor. If no serious injury occurs, the offenders are guilty of a Class B misdemeanor. If death results from the hazing, the offenders are guilty of a state jail felony. Also, if one has firsthand knowledge of the planning or occurrence of a hazing incident and fails to report it in writing to the appropriate school official, they are guilty of a Class B misdemeanor.
Education Code 37.153 (1995) prohibits organizations from condoning, encouraging, or having its members participate or assist in hazing activities. Violation of this policy is a misdemeanor offense, punishable with fines between $5,000 and $10,000. If the hazing resulted in personal injury, property damage, or other loss, a fine of at least $5,000 and up to double the amount lost or expense incurred due to injury or loss is to be assessed.
Source: National Association of State Boards of Education Last Updated: 10/1/2010