David’s Law (SB 179) Expands Districts’ Duties to Respond to Bullying

Senate Bill 179, also known as “David’s Law,” went into effect on September 1, 2017. The law was initially supported by the family of a student who committed suicide in response to severe cyberbullying. SB 179 made four major changes that will impact Texas public school districts:

First, schools now have the legal authority to address cyberbullying that takes place off-campus, so long as the conduct interferes with a student’s educational opportunities or substantially disrupts the orderly operation of the school. The law provides no guidance as to what is considered “interference” with a student’s educational opportunities, but the threshold could be quite low. For example, a student performing poorly in a class because she is preoccupied by online bullying could constitute interference that the school would have to remedy.

Second, David’s Law requires schools to notify a bullying victim’s parents within three business days after receiving a report of bullying. The school must notify the alleged perpetrator’s parents within a reasonable amount of time.

Third, schools must establish a means for students to anonymously report bullying.

Fourth, the definitions of bullying and cyberbullying must be modified in District policy to reflect changes to Chapter 37 of the Texas Education Code. TASB is working on updating policy FFI to reflect these changes.

SB 179 also provides for the creation of user-friendly forms to assist in obtaining injunctions against cyberbullies and their parents. These forms may play a role in shaping some of the interim remedies implemented in cyberbullying situations, such as changing a student’s schedule, or implementing a stay-away agreement.

In response to this new law, schools should always:

  • Reduce reports of bullying to writing.
  • Conduct an investigation into all reports of bullying, including cyberbullying that takes place off-campus. The investigation should include obtaining written and signed statements from witnesses.
  • Implement interim remedies to assist possible bullying victims pending an investigation.
  • Document disruptions or interference with educational opportunities caused by bullying and cyberbullying.
  • Train students and staff on how to report and address bullying and cyberbullying.

 

This article should not be construed as legal advice related to any specific facts or circumstances. Although this article covers legal subjects, it is intended to educate readers about school law topics and not to provide advice that will be the basis for action or inaction in any specific circumstance. Viewing these materials does not create an attorney-client relationship between Abernathy, Roeder, Boyd & Hullett, P.C. and the reader or the reader’s institution. For circumstance-specific legal advice, please directly contact a licensed attorney.