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Issue

Bullying has always been a problem at schools however with the prevalence of phones and other technology including apps like Snapchat and Twitter, cyberbullying has grown increasingly common.

(Chen, 2023)

It is important to understand the counselor’s and school’s responsibility when a student is being cyberbullied.  The issue becomes complicated when the bullying occurs outside of school but is affecting the student's well-being on campus.

Audience

From my role as a school counselor, I will present this legal guide at the beginning of the year for teachers and staff at the secondary level.

Motivation

I chose this topic because cyberbullying is on the rise and it has detrimental effects on the mental health of students.

(Bansal et al., 2024)

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STATE:

Texas Education Agency (TEA)

Enforces the Texas Education Code which includes the laws and rules passed by the Texas legislature.

(Texas Education Agency, 2021)

Senate Bill 179, or David’s Law (2017)

TEA expanded its definition of bullying to explicitly include cyberbullying.

Includes off-campus cyberbullying that disrupts the school day or interferes with the victim's ability to learn

Schools are required to contact a student’s parents if the student is the victim of cyberbullying within three business days

Schools must contact the parents of the perpetrator

Schools may work with law enforcement to address cyberbullying issues

Schools must create an anonymous reporting system for bullying to prevent retaliation.

(David’s Law, 2017)

Link to Full Text

Accountability: If a student continues to bully or the school doesn't intervene appropriately:

The victim may file for a temporary restraining order.

The offender may be charged with a Class A misdemeanor.

Complaints may be made against the school with TEA.

(Tex. Educ. Code § 37.0832)

FEDERAL:

The Department of Education

Set guidelines and policies to manage and organize federal assistance for education.

Policies are authorized by Congress and then are signed into law by the president.

The Office of Civil Rights

Enforces civil rights laws that prohibit discrimination in schools receiving funds from the Department of Education.

Processes complaints about discrimination in schools

Discrimination Complaints can also be filed in Federal Court

(U.S. Department of Education, 2023)

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#3 Federal and State constitutional laws 

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#3 Federal and State constitutional laws 

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THE TEXAS CONSTITUTION:

Equal Rights:

Texans are entitled to equal rights, no group is allowed more privilege over others.

This applies to the issue of cyberbullying because all students deserve equal access to public education.

A student who is being severely bullied may not feel safe at school and the discrimination may disrupt the learning environment.

(Tex. Const. art. I, §1)

Rights of Crime Victims:

Crime victims in Texas have a right to:

Be treated fairly and respectfully.

Protection from the perpetrator.

This applies to the issue of cyberbullying because schools should treat these students with dignity and respect if they are being harassed.

David's Law (2017) says that victims of cyberbullying can apply for a temporary restraining order from the cyberbully.

David's Law (2017) also ensures schools establish anonymous reporting of incidents to protect them from retaliation.

(Tex. Const. art. I, §30)

Link to Full Text

The U.S. Constitution:

Freedom of Speech

The First Amendment guarantees freedom of speech, but there are safeguards for schools.

Schools may restrict speech if it disrupts the educational environment.

This applies to bullying and reinforces the need to protect students from bullying and cyberbullying because it disrupts learning and student mental health.

(U.S. Const. amend. I)

Link to Full Text

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STATUE:

Texas Penal Code

A person commits an offense if they use electronic communication or posts online about someone “with intent to harass, annoy, alarm, abuse, torment, or embarrass another.”

(Tex. Pen. Code § 42.07).

Link to Full Text

Consequences:

A Class A or B Misdemeanor charge depending on the nature of the violation (Saputo, 2024).

In cases of minors, the Juvenile Justice System determines the punishment (Bruchmiller & Nielsen, 2017).

ADMINISTRATIVE LAW:

Texas Education Code

School districts will establish a Student Code of Conduct to prohibit bullying and harassment to promote a safe learning environment.

If a student violates the Student Code of Conduct may be suspended or placed in a disciplinary alternative education program.

(Tex. Educ. Code § 37.0832)

Link to Full Text

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Kowalski v. Berkeley County School Schools (2011)

A high school student made harassing comments about a classmate on her MySpace page.

When the student was suspended, she sued the school for violating her First Amendment right to free speech.

The U.S. Appeals Court decided the school was within its right to suspend her due to the disruption it caused at school and to protect the other student’s well-being at school and rights to an education.

This set a precedent for responding to cyberbullying even if it occurs off-campus.

Link to Full Text of Law

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#6 Identify the federal regulation or mandate

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#6 Identify the federal regulation or mandate

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FEDERAL:

The Civil Rights Act of 1964

Prohibits discrimination based on race, sex, and religion in many areas, including education.

Schools are obligated by law to address the harassment if it involves one of those factors.

(Civil Rights Act, 1964).

Link to Full Text

Accountability

The U.S. Department of Education addresses harassment based on a student's sex, disability, race, and ethnicity.

The U.S. Department of Justice is responsible for addressing harassment based on religion.

(U.S. Department of Justice, 2023)

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 #7 Local Administrative Law/Policy/Rule

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 #7 Local Administrative Law/Policy/Rule

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Dripping Springs Independent School District Board Policy

Prohibits bullying, including cyberbullying

Bullying includes physical contact, electronic contact, spreading rumors, verbal abuse, intimidation, hazing, mocking, physical restraint, aggression, theft, or ostracism.

If an employee has information about a student or group of students being bullied, they must immediately notify an administrator.

(Dripping Springs Independent School District, 2024)

Link to Full Text

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The Texas Education Agency Recommends Schools:

1. Establish a student code of conduct that outlines expectations for social media use and the expectations on and off campus.

2. Provide training for students and staff on the impact of cyberbullying and the consequences of breaking the established policies.

3. Educate the community on internet safety, including cyberbullying.

These risk management strategies are important preventative measures to reduce cyberbullying on school campuses but also to reduce out-of-school cyberbullying as well. All stakeholders must understand that harassment that occurs outside of school can still negatively affect the educational environment and student well-being.

(Texas Education Agency, 2023a)

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The American School Counselor Association Code of Ethics:

Students are entitled to a school environment that is:

Physically and emotionally safe

Inclusive

Free from all forms of bullying and discrimination

Counselors Ethical Obligations:

Understand the federal, state, and local laws and district policies regulating bullying and discrimination

Advocate for policies and training to educate students and staff on bullying

Report all bullying events to the administration and understand that these incidents may fall under federal and state laws that legally require intervention.

Provide victims of bullying a safe place and support

Recommend outside resources to help with healing.

Utilize restorative practice to encourage change and growth with the perpetrator

(American School Counselor Association, 2022)

Link to Ethical Standards

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The issue has affected me very recently because one of my students was the perpetrator of a cruel cyberbullying incident. This student is currently serving 5 - 10 days in the disciplinary alternative education placement classroom.

I was disturbed by how little remorse the student showed when I visited him. He bragged to me that he had not done anything very bad.

This research has allowed me to better understand how the student's counselor and administrator had to address this issue.

I have a deeper understanding of the counselor's legal and ethical role in supporting the victim and also helping the perpetrator.

It is unfortunate that State law wasn't passed to protect students until David Molak took his life after relentless cyberbullying (David’s Legacy Foundation, 2021).

My educational goals are to build trusting relationships with my students. A trust that will hopefully result in them being open with me if they are facing a situation of cyberbullying. My goal is for them to trust me enough to tell me before the situation becomes a crisis.

This assignment has made clear my obligation to protect my students from harm in the case of cyberbullying.

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1. Establish a district-wide campaign against bullying and cyberbullying to reinforce a safe and inclusive school environment.

2. Counselors, administrators, and interested teachers attend professional development to understand why students bully.

3. Counselors work with students who are showing signs of being bullies to proactively encourage change and growth.

4. Ensure coaches and club sponsors have policies in their handbooks on bullying and cyberbullying on and off campus.

5. Give parents information on the impacts of cyberbullying, including legal ramifications, at the beginning of the school year (freshman orientation, new student registration, etc).

6. Hold grade-level assemblies at the beginning of the school year. Include information on cyberbullying and its consequences.

7. Establish trusting relationships with students to ensure they know the counselor is someone they can talk to and share their problems.

8. Post information on anonymous reporting around the school, on the Learning Management System, and the district website.

9. At the beginning of the year, administrators and counselors meet to discuss the laws and procedures surrounding their role in addressing cyberbullying. Ensure everyone understands and is on the same page.