Bullying Laws in Texas (2026): Schools, Penalties, and Your Rights

Most people think bullying is just a school problem. Wrong. In Texas, bullying can lead to criminal charges, hefty fines, and even jail time. The state takes this seriously, especially after a tragic case led to major legal changes.

Let’s break down what you need to know about Texas bullying laws. The rules are stricter than most people realize.

What Is Bullying Under Texas Law?

Texas law defines bullying pretty clearly. It’s a single major act or pattern of actions by one or more students against another student.

Here’s the deal. The behavior has to exploit a power imbalance. That could be age, size, popularity, or social status.

Bullying includes written words, verbal statements, electronic messages, or physical actions. It can happen at school, on the bus, or even off campus in certain situations.

The conduct must do one of these things:

Physically harm a student or damage their property. Put a student in fear of being harmed. Create an intimidating or abusive environment at school. Disrupt classroom activities or school operations.

Pretty straightforward, right?

What About Cyberbullying?

Okay, this one’s important. Cyberbullying is bullying done through any electronic device.

That means phones, computers, cameras, email, text messages, social media, websites, or any internet tool. Basically, if it’s digital, it counts.

Here’s where it gets interesting. Texas schools can actually address cyberbullying that happens OFF campus. Yep, even if it’s at home.

But there’s a catch. The cyberbullying has to either interfere with a student’s education or seriously disrupt school activities.

This law came from a heartbreaking case. A 16-year-old named David Molak took his life after relentless cyberbullying. His family fought for change.

The result? David’s Law, passed in 2017. It changed everything about how Texas handles cyberbullying.

School Bullying Policies in Texas

Every public school district in Texas must have an anti-bullying policy. No exceptions.

These policies have to include several things. Schools must explain how students can report bullying. They need procedures for investigating complaints. And they have to outline what happens to bullies.

Districts must also provide counseling options. This applies to victims, witnesses, and even the bullies themselves.

Anonymous reporting is required too. Students can report bullying without revealing who they are. Teachers and parents had this right before, but now students do too.

Wondering if your school is doing enough? Check your district’s website. Most policies are posted online under something called “Board Policy FFH.”

How Schools Must Respond

Schools don’t get to ignore bullying reports. Texas law requires specific actions.

First, schools must investigate. They have to notify parents within three business days if their child was bullied. Parents of the alleged bully get notified within a reasonable time too.

Schools must collect survey data from students. They use these results to create action plans. The goal is to prevent bullying before it starts.

Every district needs a bullying assessment checklist. This helps them figure out if something actually counts as bullying under the law.

Hold on, this part is important. Schools must train staff on preventing and responding to bullying. This isn’t optional.

Criminal Penalties for Cyberbullying

Here’s where things get serious. David’s Law made cyberbullying a criminal offense in Texas.

A basic cyberbullying charge is a Class B misdemeanor. That means up to 180 days in jail and a fine up to $2,000.

But wait, it gets worse. The charge gets bumped to a Class A misdemeanor if the defendant has a prior cyberbullying conviction. It’s also a Class A if the victim was under 18 and the bully tried to make them hurt themselves.

Class A penalties? Up to one year in jail and a $4,000 fine.

Honestly, this is the part most people miss. Even teenagers can face these charges. Anyone 17 or older goes to adult court in Texas.

Other Criminal Charges Related to Bullying

Cyberbullying isn’t the only crime bullies might face. Several other charges can apply.

Harassment happens when someone intentionally annoys, alarms, or torments another person. This includes threats, obscene messages, or false reports.

Harassment is usually a Class B misdeminator. But if you have a prior conviction or tried to make a child harm themselves, it becomes a Class A misdemeanor.

Online impersonation is another one. This means creating a fake profile or sending messages pretending to be someone else. You have to intend to harm, defraud, or intimidate.

This crime can be a misdemeanor or felony depending on the circumstances.

Stalking involves repeated conduct that makes someone fear for their safety. It has to be serious enough that a reasonable person would be scared.

Stalking is a third-degree felony. That’s no joke.

School Discipline for Bullies

Criminal charges aren’t the only consequence. Schools have their own punishments.

Students who bully can face verbal warnings, reprimands, suspension, or other sanctions. The specific punishment depends on the district’s student code of conduct.

For really serious bullying, schools can do more. They can remove a student to a disciplinary alternative education program. They can even expel students.

What counts as serious? Three specific situations:

Bullying that encourages a student to attempt suicide. Inciting violence through group bullying. Releasing or threatening to release intimate visual material without consent.

Sound complicated? It’s actually not. Schools just take the worst bullying cases very seriously.

Special Protections for Victims

Texas law protects bullying victims in several ways. You’re gonna love this one.

Parents can request their child be transferred to a different classroom or campus. The school has to honor this request if bullying occurred.

Students who are bullied get access to counseling services. Witnesses can get help too.

Most people don’t realize how strict these protections are. Schools face real consequences if they ignore bullying reports.

David’s Law: Civil Remedies

Here’s something unique. David’s Law allows victims to get court orders against cyberbullies.

A minor who’s cyberbullied (or their parents) can seek an injunction. That’s a court order that tells the bully to stop.

Violating one of these orders? That can mean fines or jail time.

To get an injunction, you need to prove there’s an imbalance of power. Age differences work. So do differences in popularity, physical strength, social media following, or social status.

The court can order the bully to stop contacting the victim. They might have to delete harmful posts. They could be banned from certain social media.

Trust me, this works. It gives victims real legal power.

Reporting Bullying: What You Should Do

If you or your child experiences bullying, take action immediately. Here’s what to do.

Report it to a teacher, counselor, or principal right away. Make your report in writing if possible. Keep copies of everything.

Document the bullying. Save screenshots of messages or posts. Write down dates, times, and what happened. Gather witness names if anyone saw it.

If the school doesn’t respond within a reasonable time, escalate. Contact the superintendent. File a formal complaint with the school district.

Still getting nowhere? You can file a complaint with the Texas Education Agency. You can also contact the U.S. Department of Education’s Office of Civil Rights.

Not sure what counts as a violation? Most schools have their reporting procedures posted online. Check your district’s website.

When Bullying Becomes Discrimination

Okay, pause. Read this carefully. Sometimes bullying crosses into discrimination territory.

Texas schools that receive federal funding must follow federal civil rights laws. If bullying targets someone based on race, color, national origin, sex, disability, or religion, it might violate these laws.

When that happens, you have additional legal protections. Schools face federal consequences for ignoring discrimination.

This is more common than you think. Many bullying cases involve targeting someone for who they are.

Workplace Bullying Laws

What about adults? Bullying doesn’t stop at graduation.

Texas doesn’t have a specific workplace bullying law. But several existing laws provide protection.

Criminal harassment laws apply in workplaces. So do stalking laws. Assault is assault, whether it happens at school or work.

Bullying that creates a hostile work environment might violate the Civil Rights Act. This is especially true if the bullying targets someone based on protected characteristics.

Texas civil rights law specifically prohibits bullying of people with disabilities and older adults. This includes workplace settings.

Victims of severe workplace bullying can get protective orders. These orders prohibit the bully from contacting the victim.

School Prevention Requirements

Texas schools can’t just react to bullying. They have to prevent it.

Districts must adopt a health curriculum that addresses bullying. It has to include evidence-based practices for awareness, prevention, identification, and intervention.

Schools must focus on building a positive school climate. They work on creating healthy relationships between students and staff.

Staff development programs must include bullying prevention training. Teachers learn how to spot it, stop it, and report it.

Districts create threat assessment teams too. These teams intervene when a student might be at risk of violence or a mental health crisis.

Honestly, prevention is probably the most important part. Stopping bullying before it starts protects everyone.

Mitigating Factors in Discipline

Hold on, this one’s important. Schools can’t just automatically punish every accused bully.

Campus behavior coordinators must consider certain factors first. These include self-defense, intent, the student’s disciplinary history, and any disabilities.

You can’t be disciplined for defending yourself. If someone attacks you and you fight back reasonably, that’s not bullying.

Students with disabilities get extra protections. Schools must hold an ARD meeting before disciplining special education students for bullying.

These safeguards exist for good reason. Not every conflict is bullying. Context matters.

Recent Changes and Updates

Texas keeps updating its bullying laws. Let me break down some recent changes.

Starting in the 2025-26 school year, teachers can remove students from class for bullying behavior. They refer the student to the campus behavior coordinator or principal.

This gives teachers more authority to maintain safe classrooms. Pretty much a game-changer.

School counselors now serve as non-reporting resources for interpersonal conflicts. Students can talk to them about bullying issues without automatic reporting in some situations.

Stay with me here. These changes make the system more flexible while still protecting victims.

What Happens After a Report?

Let’s talk about the investigation process. Schools have specific procedures they must follow.

When someone reports bullying, the school investigates. They interview the victim, alleged bully, and any witnesses.

Parents get notified on specific timelines. The victim’s parents find out within three business days. The alleged bully’s parents get notice within a reasonable time.

Schools use their bullying checklist to determine if the conduct meets the legal definition. They consider all the factors.

If it’s bullying, discipline follows. The school might also provide counseling and support services.

Victims have rights throughout this process. You can request updates. You can appeal if you’re unhappy with the outcome.

Legal Help and Resources

You’re not alone, this confuses a lot of people. Legal resources are available.

The Don’t Bully Me Project offers assistance. The State Bar of Texas has a Lawyer Referral Service at 800-252-9690.

David’s Legacy Foundation provides information and support. Visit StopBullying.gov for federal resources.

The Texas Education Agency’s website has detailed information on bullying policies. Most school districts post their policies online too.

If you need legal representation, consult an attorney who handles education law or criminal defense. Many offer free consultations.

Civil Lawsuits for Bullying

Criminal charges aren’t the only legal consequence. Victims can sue bullies in civil court.

Civil lawsuits seek money damages for harm caused. This could include medical bills, therapy costs, and emotional distress.

Unlike criminal cases, civil suits don’t result in jail time. They focus on financial compensation.

Parents can sue on behalf of their children. Adults can sue workplace bullies.

Now, here’s where it gets interesting. Schools can potentially be sued too if they ignored bullying or failed to follow their policies.

Mental Health Support

Texas law emphasizes mental health support for everyone involved in bullying. Yep, that’s all you need.

Schools must offer counseling to victims. They provide services to witnesses who are traumatized. Even bullies can get mental health help.

Many bullies act out because they need better social or coping skills. The law recognizes this.

Districts work with mental health professionals. They create intervention programs focused on rehabilitation, not just punishment.

If you notice signs your child is struggling, reach out to the school counselor. They’re trained to help.

Anonymous Reporting Systems

David’s Law requires schools to let students report bullying anonymously. This is huge.

Many students don’t report because they fear retaliation. Anonymous systems remove that barrier.

Schools use various methods. Some have online reporting forms. Others use tip lines or apps.

The system has to protect the reporter’s identity. Schools investigate without revealing who reported.

Wondering if this applies to you? Check your school’s policy. They should explain how anonymous reporting works.

Protecting Students with Disabilities

Federal law provides extra protections for students with disabilities. Most people get this wrong.

Schools must follow the Individuals with Disabilities Education Act. This law has specific requirements for disciplining students with disabilities.

Before disciplining a special education student for bullying, schools hold a manifestation determination review. This determines if the behavior was caused by the disability.

If the behavior was a manifestation of the disability, different rules apply. The school can’t discipline the same way.

Students with disabilities who are bullied also get extra support. Schools must consider how bullying affects their education and services.

What Parents Should Know

Okay, parents, this section’s for you. Here’s what you need to know.

Document everything. Keep records of bullying incidents, reports you make, and the school’s responses.

Communicate in writing when possible. Emails create a paper trail. Keep copies of everything you send.

Don’t wait to report. The sooner you report, the sooner the school must act.

Know your rights. You can request your child be transferred. You can ask for counseling services. You can appeal decisions.

If your child is accused of bullying, get help. Consider consulting an attorney. Your child has rights too.

What Students Should Know

Students, listen up. You have more power than you think.

If someone’s bullying you, tell an adult. Tell your parents, a teacher, a counselor, or the principal. Don’t suffer in silence.

Use your school’s anonymous reporting system if you’re scared. You don’t have to reveal who you are.

Save evidence. Screenshot messages. Keep emails. Write down what happened and when.

You can’t be punished for reporting bullying. Retaliation is against the law.

If you witness bullying, report it. Bystanders can help stop bullying by speaking up.

Understanding Power Imbalances

Remember that “imbalance of power” thing? Let’s dig deeper.

Power imbalances can come from many sources. Age is obvious – older kids have power over younger ones.

But social dynamics matter too. A popular student has power over an unpopular one. Someone with many followers on social media has power.

Physical size and strength create imbalances. So do differences in wealth or social status.

Gender, race, sexual orientation, and disability status can create imbalances too. Bullying based on these factors might violate civil rights laws.

Courts look at whether a reasonable person would see an imbalance. It has to be real, not just perceived by one person.

Off-Campus Conduct

Here’s the deal. Texas schools can address some off-campus behavior.

For regular bullying, schools generally need a connection to school. The conduct has to affect the school environment somehow.

For cyberbullying, the rules are broader. Schools can intervene if off-campus cyberbullying interferes with a student’s education or disrupts school.

This means cyberbullying that happens at home on a weekend can still have school consequences. If it affects the victim at school on Monday, it counts.

Some parents don’t like this. But the law aims to protect students wherever bullying happens.

Frequently Asked Questions

Can my child be expelled for bullying in Texas?

Yes, but only for the most serious cases. Schools can expel students who bully someone into attempting suicide, incite group violence, or share intimate images without consent. Regular bullying usually results in suspension or alternative education placement.

What’s the difference between bullying and conflict?

Bullying involves a power imbalance and repeated or severe behavior. Normal conflict between equals isn’t bullying. One argument or disagreement doesn’t count unless it’s severe enough to create a hostile environment.

Can adults be charged with cyberbullying?

Adults face charges for harassment, stalking, or online impersonation rather than specifically “cyberbullying.” The penalties can be similar or worse. Cyberstalking by adults can be a felony offense.

How long do schools have to investigate bullying?

Texas law doesn’t specify an exact timeframe for investigations. However, schools must notify parents of victims within three business days of receiving a report. The investigation should be completed promptly.

Can I sue the school if they ignored bullying?

Potentially yes. If a school fails to follow its own policies or federal civil rights laws, you might have legal grounds for a lawsuit. Consult an education attorney to discuss your specific situation.

What if the bully is in special education?

Schools must follow special procedures before disciplining students with disabilities. They hold a manifestation determination review to see if the disability caused the behavior. Special education students have additional protections under federal law.

Is verbal bullying illegal in Texas?

Verbal bullying can be illegal if it’s severe, persistent, or creates a hostile environment. It might qualify as harassment under criminal law. Schools can discipline students for verbal bullying even if it’s not criminal.

Can schools search a student’s phone for cyberbullying evidence?

Schools generally need reasonable suspicion to search a phone. If they have good reason to believe the phone contains evidence of bullying, they might search it. The rules around phone searches are complex and depend on the situation.

Final Thoughts

Now you know the basics. Texas bullying laws are comprehensive and serious.

Schools must prevent, identify, and address bullying. Criminal penalties exist for cyberbullying and related offenses. Victims have legal remedies through civil court.

If you’re being bullied, report it. Document everything. Use the resources available to you.

If your child is involved in bullying as a victim or alleged bully, get informed. Know your rights. Don’t be afraid to ask for help.

Stay informed, stay safe, and when in doubt, consult a lawyer or your school’s policies.

References

1. Texas Education Code Section 37.0832 – Bullying Prevention Policies and Procedures – https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm
2. Texas Education Agency – Coordinated School Health: Bullying and Cyberbullying – https://tea.texas.gov/texas-schools/health-safety-discipline/coordinated-school-health/coordinated-school-health-bullying-and-cyberbullying
3. StopBullying.gov – Texas Anti-Bullying Laws & Policies – https://www.stopbullying.gov/resources/laws/texas
4. David’s Legacy Foundation – Information About David’s Law – https://davidslawfoundation.org/
5. Texas Penal Code Section 42.07 – Harassment – https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm