Senate panel weighs bill on cyberbullying protections,
David Molak, 16, was bullied so ruthlessly online that he decided to take his own life in January 2016.
But because the bullying took place after normal school hours, the Alamo Heights school district, where he was a student, didn’t have any way of punishing David’s aggressors, as stipulated in its anti-bullying policy.
“The school felt like the content was serious and they were concerned for his safety, but they didn’t know what to do because their hands were tied,” David’s mother Maurine Molak said. “Right now, kids don’t think there are any consequences for their behavior, and they’re right — there aren’t.”
Maurine Molak, her husband Matt Molak and advocates of increased protections for victims of bullying testified before the State Affairs Committee in the Texas Senate Thursday, when members considered Senate Bill 179, known as “David’s Law.”
Authored by state Sens. José Menéndez, D-San Antonio, and Judith Zaffirini, D-Laredo, the bill would mandate all public schools create an anti-cyberbullying policy with protections for bullying committed after school hours.
The bill also establishes a way for students to anonymously report cyberbullying to school administrators, and officials are given up to 24 hours to notify the victim’s parents. Officials then must “promptly” inform the bully’s parents of any findings, which is meant to bring parents of both parties to the table as a deterrent for further cyberbullying, advocates said.
The bill also establishes a criminal offense for the most severe cases, involving intent to push the victim to attempt or commit suicide, or harm themselves. The offense would start at a class B misdemeanor and progress to class A misdemeanor in a case of multiple aggressors.
“We’re not interested in throwing a bunch of kids in jail,” Maurine Molak said. “This is for the most egregious aggressors who are suicide baiting, and the victim actually acts on it or does self-harm. That is a very narrow group.”
No representative from the Austin school district testified Thursday, but the district explicitly prohibits cyberbullying in its anti-discrimination policy and includes a range of punishments for harassment, including suspension or expulsion in the most severe cases. The district also requires school officials to notify parents “as soon as possible” after an incident.
Only two witnesses signed up to testify against the bill, which has several co-authors and companion legislation in the House. Opponents argued that some experts say early intervention in cases of bullying works better than punishments such as expulsion and suspension.
But Menéndez said the two aren’t mutually exclusive, arguing his bill allows for schools to set up early prevention programs and encourages bringing parents together to stop the incidences from progressing.
“We need to do more, and I’m hoping that through this law, we can prevent more cases of cyberbullying,” Menéndez said. “It needs to stop.”
The committee did not vote on SB 179.