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  81R262 PAM-D
 
  By: Raymond H.B. No. 540
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to bullying as a ground for removing a public school
  student from class and placing the student in a disciplinary
  alternative education program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.006, Education Code, is amended by
  adding Subsection (p) to read as follows:
         (p)  A student shall be removed from class and placed in a
  disciplinary alternative education program as provided by Section
  37.008 if the student, on or within 300 feet of school property, as
  measured from any point on the school's real property boundary
  line, or while attending a school-sponsored or school-related
  activity on or off of school property, including while on a school
  bus or at a school bus stop, engages in bullying.  In this
  subsection, "bullying" means engaging in written or oral expression
  or physical conduct that:
               (1)  the student knows or reasonably believes will
  cause significant emotional distress to another student;
               (2)  causes significant emotional distress to another
  student; and
               (3)  would cause significant emotional distress to a
  reasonable person under the same circumstances.
         SECTION 2.  Section 37.006(p), Education Code, as added by
  this Act, applies beginning with the 2009-2010 school year.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.