Removal of LGBT references makes anti-bullying bills weaker, but more likely to pass

Daniel Williams

DANIEL WILLIAMS | Legislative Queery

Instant Tea reported Monday that the reporting requirement proposed by the “big” anti-bullying bills (HB 224, SB 245) will be amended so that the provision that school districts file annual reports on instances of bullying in enumerated categories will now only require a report — with the specifics to be determined by the Texas Education Commission (TEA).

(HB 224 has been filed in the House, SB 245 in the Senate. The bills are nearly identical. It is common practice to file the same legislation in both the House and the Senate. Doing so allows bills to be considered by both sides simultaneously which can speed the process of a bill becoming a law. Since the Texas Legislature only meets every other year for 140 days speed is crucial in passing any law.)

HB 224 (by Strama, D-Travis County) currently would require districts to specify in their annual reports if instances of bullying were based on the real or perceived race, ethnicity, color, religion, gender, sexual orientation, national origin or disability of the victim. SB 245 (by Davis, D-Fort Worth) requires the same enumerated report but adds gender identity and expression to the list. (Strama filed this same bill last session, also without gender identity and expression, but added it to the list of attributes in committee).

In addition to the reporting requirements both bills would require school staff, administrators, students and volunteers to attend training on how to identity and respond to bullying, would allow bullies to be transferred to different classrooms or campuses than their victims (currently only the victim may be transferred) and would allow administrators to address cyber-bullying under limited conditions.

Neither bill currently contains a provision prohibiting schools from discriminating against teachers or students on the basis of sexual orientation or gender identity and expression.

Let’s face it, removing the enumerated list from the reporting requirement will make these good bills less good — there is no getting around that. But (and it’s an extremely ambivalent “but”) the proposed change to these bills dramatically increases the chances of the Legislature doing something to address the issue of bullying this session.

—  admin

References to sexual orientation, gender identity to be removed from TX anti-bullying bills

Chuck-Smith
Chuck Smith

Specific references to LGBT youth will be removed from two anti-bullying bills backed by Equality Texas to improve their chances of passage and de-politicize the issue, Instant Tea has learned.

One of the bills, House Bill 224 by State Rep. Mark Strama, D-Austin, is scheduled for a committee hearing Tuesday.

Chuck Smith, deputy director of Equality Texas, said Monday that a substitute for HB 224 will be introduced during the hearing that removes all enumerated categories — including sexual orientation — from a provision requiring school districts to report incidents of bullying to the state.

Instead, the substitute bill will direct the Texas education commissioner to specify what types of bullying must be reported. Smith said enumerated categories will also be removed from a companion bill in the Senate, SB 242 by Sen. Wendy Davis, D-Fort Worth. Davis’ bill as originally drafted included both sexual orientation and gender identity/expression.

“If they were all there it likely wouldn’t pass,” Smith said, referring to the enumerated categories. “At the end of the day, the reporting part is not important compared to the rest of the guts of the bill.”

HB 224 and SB 242 would establish uniform definitions for bullying and cyberbullying in the state education code, and require districts to create training programs for students, parents, staff and volunteers. The bills would also allow officials to transfer bullies to different classes or campuses than their victims.

Strama’s HB 224 is scheduled for a hearing at 2 p.m. Tuesday in the House public education committee. It’s one of three bills backed by Equality Texas scheduled for committee hearings Tuesday.

HB 172, by Rep. Marc Veasey, D-Fort Worth, would launch a study on the effectiveness of the James Byrd Jr. Hate Crimes Act. HB 172 is scheduled for a hearing at 10:30 a.m. in the House criminal jurisprudence committee.

HB 130, by Rep. Carol Alvarado, D-Houston, would incorporate an anti-bullying hotline into the state’s existing Texas Abuse/Neglect Hotline. HB 130 is scheduled for a hearing at 2 p.m. in the House human services committee. 

Smith said it’s unlikely that any of the bills will be voted on Tuesday. You can watch committee hearings live on the Legislature’s website. For more information on Equality Texas’ legislative agenda, go here. To register for the group’s lobby day on Monday, March 7, go here.

UPDATE: The full text of the substitute bill is here. Smith also had this to say on Facebook:

“I would have preferred a headline like, ‘House Public Ed Committee to hear landmark anti-bullying bill that will protect every child based upon any actual or perceived personal characteristics, behavior, or belief.’ That’s what’s IN the bill and EVERY child will be protected. The enumerated references were removed from reporting guidelines, not who is covered by the bill.”

—  John Wright