State law encourages districts to provide safeguards, counseling or other supportive services or interventions, or requires districts to provide students with resources and referrals without mandating the provision of direct services or interventions.
Texas Statutes Education Code 25.0342. Transfer of Students Who Are Victims of or Have Engaged in Bullying.
(a) In this section, “bullying” has the meaning assigned by Section 37.0832. (b) On the request of a parent or other person with authority to act on behalf of a student who is a victim of bullying, the board of trustees of a school district or the board’s designee shall transfer the victim to: (1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or (2) a campus in the school district other than the campus to which the victim was assigned at the time the bullying occurred. (b-1) The board of trustees of a school district may transfer the student who engaged in bullying to: (1) another classroom at the campus to which the victim was assigned at the time the bullying occurred; or (2) a campus in the district other than the campus to which the victim was assigned at the time the bullying occurred, in consultation with a parent or other person with authority to act on behalf of the student who engaged in bullying. (b-2) Section 37.004 applies to a transfer under Subsection (b-1) of a student with a disability who receives special education services. (c) The board of trustees or the board’s designee shall verify that a student has been a victim of bullying before transferring the student under this section. (d) The board of trustees or the board’s designee may consider past student behavior when identifying a bully. (e) The determination by the board of trustees or the board’s designee is final and may not be appealed.
Texas Statutes Education Code 28.002 Required Curriculum
(s) In this subsection, “bullying” has the meaning assigned by Section 37.0832 and “harassment” has the meaning assigned by Section 37.001. In addition to any other essential knowledge and skills the State Board of Education adopts for the health curriculum under Subsection (a)(2)(B), the board shall adopt for the health curriculum, in consultation with the Texas School Safety Center, essential knowledge and skills that include evidence-based practices that will effectively address awareness, prevention, identification, self-defense in response to, and resolution of and intervention in bullying and harassment.
Texas Statutes Education Code 33.006 School Counselors; General Duties
(a) The primary responsibility of a school counselor is to counsel students to fully develop each student’s academic, career, personal, and social abilities. (b) In addition to a school counselor’s responsibility under Subsection (a), the school counselor shall: (7) serve as an impartial, nonreporting resource for interpersonal conflicts and discord involving two or more students, including accusations of bullying under Section 37.0832.
Texas Statutes Education Code 37.0832. Bullying Prevention Policies and Procedures.
(a) In this section:
(A) means a single significant act or a 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, expression through electronic means, or physical conduct that satisfies the applicability requirements provided by Subsection (a-1), and that:
(i) has the effect or will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student’s property;
(ii) is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student;
(iii) materially and substantially disrupts the educational process or the orderly operation of a classroom or school; or
(iv) infringes on the rights of the victim at school; and
(B) includes cyberbullying.
(2) “Cyberbullying” means bullying that is done through 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.