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My chosen topic is Bullying in Schools. I am currently a teacher and going to be a school counselor. I chose this topic as I feel more people need to be educated on bullying and ways to prevent and handle it. I see bullying occur in schools often. I do not want students to fear going to school or parents worrying about their child while at school. School should be a safe place.

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State laws that govern bullying include:

The Texas Education Code § 37.0832 (2017) requires schools to adopt policies and procedures concerning bullying prevention (Tex. Educ. Code § 37.0832 (2017)).

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.0832

Texas' David's Law (2017) requires school districts to provide cyberbullying training and notify a child's parents if they are a victim or the alleged aggressor ((David’s Law, T.X. S.B. 179 (2017)).

https://locker.txssc.txstate.edu/3942be0c6bbe569ed1417377e6c1d2a9/Davids-Law-Overview.pdf

82 (R) HB 1942 requires staff development to prevent, identify, respond, and report incidents of bullying(HB. NO. 1942 § 21.451 (d) (2011)).

https://www.legis.state.tx.us/tlodocs/82R/billtext/html/HB01942F.htm

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There are no specific federal laws that address bullying, but several agencies do play a part when needed.

In schools, governing bodies include the State Department of Education, local school districts, and the U.S. Department of Education. The Office of Civil Rights (OCR) gets involved if bullying is based on race, color, national origin, sex, or disability.

https://www.ed.gov/laws-and-policy

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Statutory Law such as Texas Education Code § 37.0052 empowers school districts to take disciplinary actions against students who engage in severe forms of bullying (Tex. Educ. Code § 37.0052 (2017)). This law allows school districts the power to expel students for certain bullying behavior.

https://texas.public.law/statutes/tex._educ._code_section_37.0052#google_vignette

Administrative law for school bullying refers to the rules, regulations, and enforcement procedures established by government agencies that include the state Department of Education and the U.S. Department of Education. They implement and enforce antibullying laws and policies in schools. An example is Title 19, Texas Administrative Code (TAC) § 129.1045.This code holds public schools responsible for reporting all confirmed incidents of bullying through the Texas Student Data System (TSDS) and under the Public Education Information Management System (PEIMS). The law uses the definition of bullying from the Texas Education Code § 37.0832 (Tex. Educ. Code § 37.0832 (2017)). TEA (Texas Education Agency) uses the data for monitoring and compliance as well as giving guidance to districts.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.0832

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There are several case laws that relate to bullying in schools.

Davis v. Monroe County Board of Education (1999)- A fifth grade girl was sexually harassed by a male classmate and school officials failed to take appropriate actions.

The Supreme Court decided a school can be held liable under Title IX (1972) if it knows about the acts of harassment and does nothing and/or the harassment is so severe that it deprives the victim of their education.

https://supreme.justia.com/cases/federal/us/526/629/

T.K. v. New York City Department of Education (2016)- A middle school student with autism was severely bullied. The school did not include the parents' bullying concerns in the IEP plan. The school violated the IDEA (Individuals with Disabilities Act) by not allowing the parents to participate in the IEP plan.

https://www.courtlistener.com/opinion/2184196/tk-v-new-york-city-dept-of-educ/

Nabozny v. Podlesny (1996)- A student endured years of harassment and physical abuse from classmates due to his sexuality. School officials ignored complaints. The court ruled that equal protection under the 14th Amendment was violated and that the school treated the victim differently because of his sexual orientation. This was a big case in recognizing constitutional protection for LGBTQ students in bullying cases.

https://caselaw.findlaw.com/court/us-7th-circuit/1205454.html

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Federal Regulation:

Title VI of the Civil Rights Act of 1964 (34 C.F.R. Part 100 (1964))- Regulated by the U.S. Department of Education and the Office for Civil Rights (OCR)

prohibits discrimination on the basis of race, color, or national origin in any program receiving federal funding such as public schools

it does not specify bullying, but it can be treated as discriminatory harassment if a student is targeted based on race, color, or national origin and the school does nothing about it

guidance by OCR for schools includes investigating bullying based on protected status, taking immediate action to stop it, preventing recurrence, and remedying the impact

https://www.justice.gov/crt/fcs/TitleVI-Overview

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The Ector County Independent School District (ECISD) addresses bullying for FFI (Local) by prohibiting bullying as defined be state law.

retaliation against anyone involved in the complaint process is a violation of district policy

the Superintendent will develop administrative procedures to ensure the minimum standards for prevention are implemented in accordance with the law

a student who intentionally makes a false claim regarding bullying will be subject to disciplinary action

reports of bullying should be made as soon as possible

students and staff may make the report and can do so orally or in writing

the principal should notify the parent of the alleged victim on or before the 3rd business day after the incident is reported

the principal determines if the allegations constitute prohibited conduct as define by policy FFH

investigation should be completed within 10 business days

parents will be notified

counseling options will be provided to all and corrective action will be in accordance with the Student Code of Conduct

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=421&code=FFI#localTabContent

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1. Develop and Enforce Clear Anti-Bullying Policies

create district wide policies that define bullying, harassment, and retaliation with state law (Texas Education Code § 37.0832), include reporting procedures, and make policies part of the student code of conduct

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.0832

2. Staff Training and Professional Development

train all school personnel on recognizing/reporting bullying, informed responses, and intervention strategies

3. Parent and Community Engagement

involve parents in anti-bullying initiatives by hosting workshops and publishing newsletters with guidance on prevention/reporting

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One ethical issue in school counseling regarding bullying is confidentiality concerns.

The American School Counselor Association (2022) explains how school counselors are required and ethically obligated to protect the confidentiality of the student while also upholding laws that require reporting when the student is in danger. This would include bullying. Counselors need to be able to turn to someone when a student confides in them about being bullied or knowing someone who is being bullied. They cannot keep this information confidential when it pertains to a student's safety.

American School Counselor Association (2022). ASCA Ethical Standards for School Counselors.

https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards2022.pdf.

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Looking into the legal and ethical aspects of school bullying has helped me to learn more about school counselors and their role in helping to prevent and handle bullying situations. I know more about what laws pertain to bullying and even cases that have addressed bullying. I have also learned how civil rights can be violated within bullying. Students need to be aware that by bullying someone, they can be breaking multiple laws and what the severity of their actions might be. I still feel like more should be done to those students who do bully. Victims of bullying experience more than just physical pain, but instead emotional trauma that can last years. This is how school counselors can reach out and provide support to both the victims and those that are proven to be bullies.

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When addressing school bullying, prevention measures are the best way to keep issues from occurring more frequently

School personnel need to be aware of the legal implications if reporting is not taken seriously

Students who bully over race, sexuality, ethnicity, color, disability, etc. are violating multiple laws

Students need to have a clear understanding of what bullying really is and the implications that may happen if they are the one who is bullying

Parents also play a vital role in educating their children about bullying and what to do if it does happen

Schools need to promote a positive atmosphere where students know bullying is not tolerated

Students need to know when to report bullying and who they can turn to

Schools need to make sure all staff understand local bullying protocols