History behind David's Law
"Cyberbullying" as defined in David's Law means bullying arising from a pattern of acts or one significant act that is done through the use of any electronic communication device, including 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.
Under Section 37.0151 of the Education Code, schools are allowed to report conduct constituting assault or harassment to the police, which could result in a Class A misdemeanor.
*Class A misdemeanor, to electronically harass or cyberbully someone under the age of 18 through text messages
social media, websites or other means with the intent of causing them to commit suicide or harm themselves.
*Class A misdemeanor is punishable by a fine of not more that $4,000, confinement in a county jail for for a term or both.
Where this Law Applies:
Cyberbullying is now specifically included in the definition of "bullying" in the Education Code.
Bullying that occurs on or is delivered to a school property, the site of a school sponsored, school related activity, or off school property.
Bullying that occurs on a publicly or privately owned school bus or vehicle being used for transportation of students to and from school.
Cyberbullying that occurs of school property, 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 and school.
(This expansion of a school district's authority to include off campus incidents is one of the most significant aspects of David's Law.