Bullying by Pilar Janis, Lead & Higher Education Counselor TEXAS HOUSE BILL 1942 (Asher’s Law)

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Presentation transcript:

Bullying by Pilar Janis, Lead & Higher Education Counselor TEXAS HOUSE BILL 1942 (Asher’s Law)

Bullying Engaging in WRITTEN or VERBAL expression, expression through ELECTRONIC MEANS, or PHYSICAL CONDUCT that occurs on school property, at a school-sponsored or school-related activity, or in a vehicle operated by the District and that: 1.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; 2. or is sufficiently severe, persistent, and pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student.

Conduct described is considered bullying if that conduct: (1) exploits an imbalance of power between the student perpetrator and the student victim through written or verbal expression or physical conduct; and (2) interferes with a student's education or substantially disrupts the operation of a school.

The principal or designee shall conduct an appropriate investigation based on the allegations in the report. The principal or designee shall promptly take interim action calculated to prevent bullying during the course of an investigation, if appropriate. Absent extenuating circumstances, the investigation should be completed within ten District business days from the date of the initial report alleging bullying; however, the principal or designee shall take additional time if necessary to complete a thorough investigation.

The principal or designee shall prepare a final, written report of the investigation. The report shall include a determination of whether bullying occurred, and if so, whether the victim used reasonable self-defense. A copy of the report shall be sent to the Superintendent or designee. If an incident of bullying is confirmed, the principal or designee shall promptly notify the parents of the victim and of the student who engaged in bullying.

DISCIPLINE A student who is a victim of bullying and who used reasonable self- defense in response to the bullying shall not be subject to disciplinary action. The discipline of a student with a disability is subject to applicable state and federal law in addition to the Student Code of Conduct. Examples of corrective action may include a training program for the individuals involved in the complaint, a comprehensive education program for the school community, follow-up inquiries to determine if any new incidents or any instances of retaliation have occurred, involving parents and students in efforts to identify problems and improve the school climate, increasing staff monitoring of areas where bullying has occurred, and reaffirming the District’s policy against bullying. The principal or designee shall notify the victim, the student who engaged in bullying, and any students who witnessed the bullying of available counseling options.

To the greatest extent possible, the District shall respect the privacy of: the complainant, persons against whom a report is filed, andwitnesses. Limited disclosures may be necessary in order to conduct a thorough investigation.

The Department of Guidance and Counseling 708 Palm Blvd. CAB Suite 228 Phone #: Fax #: Interim Administrator – Robert Gonzalez Lead & Higher Education Counselor – Pilar Janis Administrative Assistant – Dora Fernandez Secretary – Dahlia Gamez