Story By: Jacob Lehrer
The Texas Supreme Court has issued the preliminary form of the Sworn Application and Petition to Stop Cyberbullying Under Texas Civil Practice and Remedies Code Chapter 129A.
The “Petition” is a form for parents or guardians of children who are victims of cyberbullying to pursue legal action against the bully or the bully’s parents. The plaintiffs pursuing legal action can get a Temporary Restraining Order until a court hearing. The form does encourage before filing to resolve the matter outside of the courts.
There is right now a comments period on the form where the public may introduce problems or ideas that they have about the form. The comments period closes on December 1st of this year and be finalized after that time. “Comments should be submitted in writing to [email protected].”
Additionally, the form provides avenues for people of lower income status assistance in court fees. It also gives avenues to free or low cost legal services.
The form comes after the Texas bipartisan passage of David’s Law which expands the definition of bullying and the retaliation avenues one can take against it. The Bill also outlines what procedures school districts need to take to prevent and punish bullying and cyberbullying and provide notices to parents or legal guardians. The Bill details school districts providing reporting methods and counseling methods for victims of bullying, reporters of bullying, or counseling for bullies themselves. There are also provisions for certain school employees to report to local law enforcement, and legal action parents can take.
The Texas Bill really does define what bullying and cyberbullying is, and what school districts, parents/guardians, and students can do to prevent and punish bullying on school property or outside of school. Lastly, the Bill provides certain exemptions for students with mental health needs.
The Application and Petition to stop cyberbullying is going to be part of the Texas Civil Practice and Remedies Code Chapter 129A added to David’s Law that provides relief for the cyberbullying of a child.