New Caney ISD Anti-Bullying Policy and Investigation Procedures
New Caney ISD Policy prohibits the bullying of a student. Policy also prohibits retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying.
Bullying is defined in Section 37.0832 of the Education Code as 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:
- 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;
- Is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student;
- Materially and substantially disrupts the educational process or the orderly operation of a classroom or school; or
- Infringes on the rights of the victim at school.
Bullying includes cyberbullying. (See below) This state law on bullying prevention applies to:
- Bullying that occurs on or is delivered to school property or to the site of a school-sponsored or school-related activity on or off school property;
- Bullying that occurs on a publicly or privately owned school bus or vehicle being used for transportation of students to or from school or a school-sponsored or school-related activity; and
- Cyberbullying that occurs off school property or outside of a school-sponsored or school-related activity if the cyberbullying interferes with a student’s educational opportunities or substantially disrupts the orderly operation of a classroom, school, or school-sponsored or school-related activity.
Cyberbullying is defined by Section 37.0832 of the Education Code as 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.
REPORTING SUSPECTED BULLYING
To obtain assistance and intervention, any student who believes that he or she has experienced bullying or believes that another student has experienced bullying should immediately report the alleged acts to a teacher, counselor, principal, District employee or via the School Safety online reporting form. A link to this form is located on the District’s website at www.newcaneyisd.org in the school safety reporting section. A statement form is available at each campus office or can be found online at http://www.newcaneyisd.org. Completed forms must be submitted to campus administration.
Any District employee who suspects or receives notice that a student or group of students has or may have experienced bullying shall immediately notify the principal or designee.
To obtain assistance and intervention, any parent who believes that his/her child has experienced bullying or believes that another student has experienced bullying should immediately report the alleged acts to a campus administrator or via the School Safety online reporting form. A link to this form is located on the District’s website at www.newcaneyisd.org in the school safety reporting section. A statement form is available at each campus office or can be found online at http://www.newcaneyisd.org. Completed forms must be submitted to campus administration.
1. Upon receipt or notice of a report of a possible bullying incident, campus administration will investigate fully to determine the appropriate administrative action. As part of this investigation, the administrator will complete the following process:
a. Obtain written statements and interview victim(s), witness(es), and offender(s)
b. Offer counseling to all parties
c. For student safety interim action may be taken by the campus administrator. This interim action may consist of:
i. Increased supervision as needed for alleged victim and alleged perpetrator
ii. A “Stay Away” agreement signed by all parties involved
iii. Adjusting schedules, planning for class change periods and lunch times
2. After a full investigation, the administrator will determine if the incident meets the definition of bullying as defined by NCISD Policy [FFI(Legal)].
a. If the investigation reveals the conduct did not rise to the level of bullying or another type of prohibited conduct, the District may take disciplinary action in accordance with the Student Code of Conduct or other corrective action to address the conduct.
b. If the investigation indicates that the conduct is bullying according to NCISD Policy [FFI(Legal), NCISD
Bullying Protocol must be followed. If the allegations could constitute both bullying and another type of prohibited conduct under FFH, the investigation shall include a determination on each type of conduct.
The investigation shall include the following:
The victim(s) will complete an incident report form.
The witness(es) and/or bystander(s) will complete an incident report form.
The offender(s) will complete an incident report form.
The administrator will complete the Incident Investigation Form.
The administrator will analyze all information and documents related to the allegations.
Counseling must be offered as a mandate of HB 1942, to victim(s), witness(es) and those who engaged in the bullying.
- Assistant Principal shall notify the Executive Director of Student Services once the investigation has commenced.
Assistant Principal shall notify parents/guardians of the offender and the victim within 24 hours of the incident report.
Assistant Principal shall consult with New Caney ISD Police Department if evidence in the investigation indicates a possible criminal offense.
CONCLUDING THE INVESTIGATION
Absent extenuating circumstances, the investigation should be completed within ten District business days from the date of the report; however, the investigating administrator shall take additional time if necessary to complete a thorough investigation. The investigating administrator shall prepare a written summary of the investigation. The report shall be filed with the Executive Director of Student Services’ office at the conclusion of the investigation.
FOLLOW UP ACTION
NOTE: Texas Law HB 1942 “prohibits the imposition of a disciplinary measure on a student who is a victim of bullying on the basis of that student’s use of reasonable self-defense in response to the bullying,” and “requires that discipline for bullying of a student with disabilities comply with Federal law including section 504 and IDEA (2004).”
A complainant who is dissatisfied with the outcome of the investigation may appeal through FNG(LOCAL) beginning at the appropriate level.
The administrator will monitor and follow up with the students within 15 school days after the incident to ensure that no additional acts of bullying or retaliation have occurred. Additional follow up may be necessary depending on the circumstances of the situation. The administrator shall forward documentation of the student follow up to the Executive Director of Student Services.
Students who are Victims of Bullying
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 or its designee shall transfer the victim to one of the following:
1. A different classroom at the campus where the victim was assigned at the time the bullying occurred; or
2. A campus in the District other than the campus where the victim was assigned at the time the bullying occurred.
Students who Engage in Bullying
The Board or its designee may transfer the student who engaged in bullying to one of the following:
- A different classroom at the campus where the victim was assigned at the time the bullying occurred; or
- A campus in the District other than the campus where 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.
The transfer of a student with a disability who receives special education services and who engaged in bullying may be made only by a duly constituted ARD committee under Education Code 37.004. For more information, see Policy FDB (LEGAL).