David’s Law: A Texas PTA Story

By Texas PTA

Texas PTA first became involved in the work to reduce bullying in 2011, when we worked with legislators to pass a law strengthening guidelines for dealing with bullying in the schools. At that time, cell phones were still scarce in the schools, and administrators were reluctant to support laws that required schools to confront cyberbullying, but we saw where things were heading. We knew that while this legislation was a necessary first step, the issue was evolving, and we needed to stay on top of it. So, Texas PTA continued to monitor the prevalence of cyberbullying among students and developed programs to educate parents about the emerging phenomena and how to deal with it at home.

Then, in 2016, with suicide on the rise among victims of cyberbullying, Texas PTA began to plan a more focused bill. “David’s Law” honors the memory of David Molak, a 16-year-old student from San Antonio who committed suicide in January 2016 following relentless online harassment. David’s family was determined to do everything they could to eliminate cyberbullying. They formed David’s Legacy Foundation, a nonprofit organization dedicated to ending cyber-assisted bullying by educating communities about the harmful effects of cyber abuse, providing support for victims, promoting kindness, and supporting legislation that prohibits cyberbullying of minors.

The Molaks led the charge to pass legislation strengthening the law passed in 2011, so that school leaders would have clarity on their responsibility in investigating allegations, informing both law enforcement and parents of suspected cyberbullying, and, when appropriate, disciplining the cyberbully. From nearly the beginning, Texas PTA joined forces with the Molaks—working side-by-side leading up to the legislative session to ensure passage of a new bill. This was no easy task. While it was clear that cyberbullying had become an epidemic, there was still opposition to the bill.

To gain the support necessary for the bill to pass, we spent many hours in meetings with legislators and advocacy groups and made a few changes to the bill’s language on their recommendations. Leadership within Texas PTA testified multiple times at committee hearings, prepared and distributed background information, participated in press conferences, and wrote op-eds and letters to legislators. Grassroot members participated in multiple action alerts to urge support for David’s Law. At Texas PTA’s Rally Day in February 2017, PTA members advocated for David’s Law in meetings and even on the steps of the state capitol.

The new law made many changes to how schools could and should operate:

  • Schools in Texas now have the authority to address cyberbullying that occurs off-campus
  • They must notify a victim’s parents of the incident within three business days after it has been reported and notify the parents of the aggressor within a reasonable amount of time
  • They must create procedures for students to anonymously report incidents
  • They may expel students who engage in serious bullying, including bullying that encourages a student to commit suicide, incites violence against another student, or involves releasing indecent photos of another student
  • They have strong protections from civil or criminal liabilities when reporting criminal bullying to law enforcement officials
  • They must provide mental health education
  • They must expand the role of school counselors to include mediating conflicts among students

We hope that other state PTAs will consider working to support similar legislation to protect our nation’s most valuable resource—our children. Texas PTA was proud to work with the Molaks to pass David’s Law and we have continued with this partnership. The Molaks regularly present at Texas PTA conferences and provide information about David’s Law through PTA communications.

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