Bullying : What can you do ?
David ’ s Law was enacted by the Texas Legislature in 2017 to combat and prevent bullying in schools . The law amends Texas Education Code , Chapter 37 , so now “ a single significant act ” may constitute bullying rather than a pattern of acts . Bullying is defined in this code section as a single act or pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression or expression through electronic means which includes cyberbullying . This code chapter requires each independent school district in Texas to have a local policy that prohibits bullying , harassment , and ensures that district employees enforce those prohibitions . Further , under the requirements of Chapter 37 , school districts must have developed specific options under the local policy that are appropriate for each grade level and that provide for preventing and intervening in student discipline problems such as bullying and harassment . The disciplinary provisions for bullying and cyberbullying apply to ( 1 ) bullying that occurs on or while being delivered to or from school property or a site of a school sponsored event ; ( 2 ) bullying that occurs on a vehicle being used for transportation of students to or from school or a school sponsored event ; and cyberbullying that occurs off school property if such interferes with a student ’ s educational opportunities . The principal of a public school , or the principal ’ s designee , may make a report to law enforcement if , after an investigation is completed , reasonable grounds exist to believe the student engaged in the bullying committed an assault under Penal Code , Section 22.01 , or harassment under Penal Code , Section 47.07 . Since bullying can cause retaliation , the board policy must also include procedures concerning retaliation , and the policy must prohibit disciplinary measures against a student who , after an investigation , is found to be the victim of bullying , on the basis of that student ’ s use of reasonable self-defense in response to bullying .
Bullying : What can you do ?
No child is immune from bullying , but children with disabilities such as physical , developmental , emotional , intellectual and sensory disabilities are at an increased risk of being bullied , therefore , the school policy must provide that a student who is enrolled in a special education program , may not be disciplined for conduct prohibited in Chapter 37 or the school policy until an admission , review , and dismissal committee meeting has been held to review the conduct . Furthermore , district policy must require that discipline for bullying of a student with disabilities comply with applicable requirements under federal law , including Individuals with Disabilities Education Act ( 20 USC , Section 1400 et . seq .)
As you can see there are many issues involved with bullying ( i . e ., the actual bullying , the victim , retaliation , self-defense , etc .), but there are laws and policies in place to assist you and your child through the process . It is important each student to report any bullying or threats to the nearest teacher or adult at school as soon as possible , so to allow the school to take appropriate action . If you , as a parent have concerns about bullying , meet with the campus principal to express and document your concerns . If your child is receiving special education services , request and go to an ARD committee meeting to focus on the problem and arrange a plan to intervene at the campus level . Reporting procedures within the school ’ s policy must include anonymous reporting to help with retaliation issues , so you have no reason not to report and record your issues .
David ’ s Law was passed in honor of David Molak , a 16 year old student from San Antonio , who took his life after being subjected to extensive online harassment and bullying .
Tim Mendolia , , Partner , M & P Law Office , 6900 E . Interstate 20 , Aledo , Texas 76008 , 817.546.4100 , a general practice , including , criminal , family , juvenile , civil , real estate , business law since 1994 , and since 2003 in Parker County , Texas . Tim is a member of the Texas Bar Foundation and 2017 American Institute of Criminal Law Attorneys 10 Best Attorneys .
Zachary Q . Pettigrew , Timothy L . Richardson , Kimberly T . Mendolia , Timothy J . Mendolia 6900 E . Interstate 20 Frontage Rd . South H Aledo , Texas H 817.546.4100 H 817.546.4104 fax
MARCH 2018 PARKER COUNTY TODAY
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