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My professional perspective is that of an Instructional Coach in the high school setting. This legal guide padlet will cover cyberbullying which is quickly becoming a problem in high schools around the country. As an instructional coach, I will be in a position to help teachers understand the signs of cyberbullying and what steps need to be taken to stop it. I can also offer guidance to the administration about addressing the issue with the student population.

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I interviewed Chad Rood, the principal of Giddings High School.
Why is cyberbullying important to understand in the school setting?
Mr. Rood explained that in recent years, our students have moved into a pure digital world. Because of this, the fairly new issue of cyberbullying has also began to impact students. Mr. Rood feels that the lack of face to face conversations, students feel empowered to say mean and hateful things via Snap Chat, Twitter, Instagram, etc.
Best Practices
Three best practices that Mr. Rood felt every school should implement included:
1)  Clearly defined rules and regulations covering cyberbullying in both the student handbook and the code of conduct.
2) Training and professional development for teachers to recognize the signs of cyberbullying and the steps involved in intervention.
3) Open discussions with students about the harm of cyberbullying and how to report issues.
Emerging Issues
Because there are no federal laws regulating cyberbullying, Mr. Rood believes that the recent rise in court cases must be examined for guidance. He also stated that he contacts the district lawyers on a regular basis when dealing with this issue. Mr. Rood believes that more laws and regulations are forthcoming. Until that happens however, the schools must rely on local policy and educator code of ethics when handling instances of cyberbullying.

(C. Rood, personal communication, December 1, 2019)

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PACER's National Bullying Prevention Center has dedicated countless hours to helping resolve the issue of bullying and cyberbullying in schools. The organization offers many useful strategies for school officials, teacher, parents, and students. For example, the organization:
- Inspires communities to get involved;
- Offers lesson plans, tool kits, and resources for classroom use;
- Provides informative guides for parents; and
- Creates school-wide opportunities to address bullying.

Reference
"Cyberbullying". (2019). PACER's National Bullying Prevention Center. Retrieved from https://www.pacer.org/bullying/about/.

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Just as the use of technology itself has evolved, so has the ability to bully. Bullying, once restricted to the school or neighborhood, has now moved into the online world. Bullying through the use of technology is referred to as "cyberbullying."

Cyberbullying is bullying - unwanted, repeated, aggressive, negative behavior - that takes place over digital devices like cell phones, tablets, and computers. Cyberbullying can happen over email, through texting, on social media, while gaming, on instant messaging, and through photo sharing.

As adults, thinking back, it was just a generation ago that kids and teens were asking their parents for a phone in their room - maybe even one with a separate line or three-way calling - so they could easily and somewhat privately connect with more friends.

Today, a kid or teen's desire to connect with friends has not changed, but the options for doing so have grown tremendously. Children are not only asking for their own tablets, gaming devices, and mobile phones at a younger age, they also want access to popular social media sites, and the ability to engage in online games and share information.

Just as young people used to spend unmonitored time playing with friends in the neighborhood, outside the periphery of adults, they are now engaging with each other in the cyberworld, "talking" with each other, "talking" to each other, and "talking" about each other, often without adult or parental monitoring. While technology allows young people to connect in meaningful ways, such as the opportunity to share ideas, photos, videos, and more, the unsupervised nature of the cyberworld demands the need for guidance, guidelines, and social responsibility.

Cyberbullying can happen anywhere there is online social interaction. For example, some young people use social media, video games, texting, or anonymous apps to bully other youth, post embarrassing pictures, share private information, or send threatening messages. Students can use their access to a large online audience to encourage their peers to join them in targeting someone with gossip, rumors, and untrue stories.

Cyberbullying: Definition and Dynamics

While the definitions of cyberbullying, sometimes called online bullying, vary from source to source, most definitions consist of:

Cyberbullying is bullying that takes place over digital devices like cell phones, computers, and tablets. Cyberbullying can occur through text and apps, or online in social media, forums, or gaming where people can view, participate in, or share content. Cyberbullying includes sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can include sharing personal or private information about someone else, causing embarrassment or humiliation. Some cyberbullying crosses the line into unlawful or criminal behavior.
Source: StopBullying.gov
Other helpful definitions include:

"Cyberbullying is when someone repeatedly and intentionally harasses, mistreats, or makes fun of another person online or while using cell phones or other electronic devices." ( Hinduja & Patchin, 2019 ).

One student shared that "all bullying hurts, whether in person or through technology, the end result is that bullying in any form is emotionally damaging."Some of the most common cyberbullying tactics include:

Posting comments or rumors about someone online that are mean, hurtful, or embarrassing.

Threatening to hurt someone or telling them to kill themselves.

Posting a mean or hurtful picture or video.

Pretending to be someone else online in order to solicit or post personal or false information about someone else.

Posting mean or hateful names, comments, or content about any race, religion, ethnicity, or other personal characteristics online.

Creating a mean or hurtful webpage about someone.

Doxing, an abbreviated form of the word documents, is a form of online harassment used to exact revenge and to threaten and destroy the privacy of individuals by making their personal information public, including addresses, social security, credit card and phone numbers, links to social media accounts, and other private data.

Source: StopBullying.gov

What Kids Want Parents to Know About Cyberbullying | PACERTalks About Bullying: Season 2, Episode 17

Middle school students provide insight about their online experiences, and share what they want their parents to know about cyberbullying.

Unique Characteristics of Cyberbullying

While all bullying is characterized by intentional, often repetitive, hurtful behavior toward another person or group, there are distinguishing elements when it happens online or via smartphone, which include:

Persistent. Most students have access to some form of technology at all times, which means cyberbullying can happen any time-in the morning, afternoon, and evening-not just while children are at school. It happens while at home or in the community.

Hard to detect. While some bullying is very overt, such as pushing or damaging belongings, cyberbullying happens through phones and on computers or tablets, making it much more difficult for adults to detect.

Anonymous. Cyberbullying can be done anonymously. Those being bullied might not even know who is perpetuating the behavior, which makes it easy for one child to hurt another and not be held accountable.

Shared to a potentially larger audience. Information online can be easily and quickly shared, which makes it difficult to contain or stop negative messages once they are posted online.

Easier to be hurtful. It is often easier to bully using technology because of greater physical distance The person bullying doesn't see the immediate response from the person being targeted They might not recognize the serious harm caused by their actions because technology distances them from the real-life pain they could be causing.

Permanent.* Once something is shared on the internet, it is often available to everyone, everywhere It can be challenging to completely delete information once it is on the internet.

Note: The one advantage to "permanence" is that online bullying does leave tangible evidence. Unlike physical or emotional bullying, online bullying leaves a digital footprint; the words, images, or videos posted can be documented through screenshots or saving URLs and texts, which can be useful.
5 Unique Aspects of Cyberbullying | PACERTalks About Bullying: Season 3, Episode 22

Five important elements of cyberbullying are explored.

Cyberbullying: What Makes it Unique | PACERTalks About Bullying, Season One, Episode 13

The dynamics of using technology to hurt, harm or humiliate another individual or group are examined in this video.

Rates of Incidence

StopBullying.gov provides two sources of federally collected data on youth bullying:

The 2019 School Crime Supplement (National Center for Education Statistics and Bureau of Justice) indicates that, among students ages 12-18 who reported being bullied at school during the school year, 16% were bullied online or by text.

The 2019 Youth Risk Behavior Surveillance System (Centers for Disease Control and Prevention) indicates that an estimated 15.7% of high school students were electronically bullied in the 12 months prior to the survey.

The Cyberbullying Research Center surveyed a nationally-representative sample of 4,972 middle and high school students between the ages of 12 and 17 in the United States. Data were collected in April of 2019.

Cyberbullying Victimization. We define cyberbullying as: "Cyberbullying is when someone repeatedly and intentionally harasses, mistreats, or makes fun of another person online or while using cell phones or other electronic devices." Approximately 37% of the students in our sample report experiencing cyberbullying in their lifetimes. When asked about specific types of cyberbullying experienced in the previous 30 days, mean or hurtful comments (24.9%) and rumors spread online (22.2%) continue to be among the most commonly-cited. Thirty percent of the sample reported being cyberbullied in one or more of the twelve specific types reported, two or more times over the course of the previous 30 days.

Cyberbullying Offending. We define cyberbullying as: "Cyberbullying is when someone repeatedly and intentionally harasses, mistreats, or makes fun of another person online or while using cell phones or other electronic devices." Approximately 15% of the students in our sample admitted to cyberbullying others at some point in their lifetime. Posting mean comments online was the most commonly reported type of cyberbullying they reported during the previous 30 days (9.3%). About 11% of the sample reported cyberbullying using one or more of the eleven types reported, two or more times over the course of the previous 30 days.

Cyberbullying by Gender. Adolescent girls are more likely to have experienced cyberbullying in their lifetimes (38.7% vs. 34.5%). This changes when reviewing experiences over the previous 30 days, where boys are slightly higher. In this sample, boys were more likely to report cyberbullying others during their lifetime (16.1% vs. 13.4%) and in the most recent 30 days (8.1% vs. 4.6%). The type of cyberbullying tends to differ by gender; girls were more likely to say someone spread rumors about them online while boys were more likely to say that someone threatened to hurt them online. As with 2016, boys reported significantly more involvement in every type of cyberbullying offending behavior we asked about. In the past, this has varied by type of behavior.

5 Reasons Youth Don't Report Cyberbullying and What Parents Can Do About it
Youth are spending more time online due to COVID-19, both for school and for connecting with friends. Along with adjusting to learning and interacting with friends virtually, many young people may be feeling new emotions such as anxiety or isolation. This unprecedented time, combined with more time spent online, have the potential to increase cyberbullying. Authored by PACER's National Bullying Prevention Center. Published by Family Online Safety Institute (FOSI), November 2020.
Cyberbullying 101: Remote Learning Edition
An interview with a staff member from the National Bullying Prevention Center about how to recognize cyberbullying and how deal with it - whether your kid is the victim, at fault or the bystander. Published by Parent Map, written by Gemma Alexander, October 2020.
Cyberbullying: What Parents Should Know
Students now live at a time of instant access to cell phones, tablets, or computers, which open the door to exciting new ways of connecting, interacting, and learning. However, these new modes of communication also present new challenges for parents. Not only do parents have to help children and youth navigate in-person social situations, they also need to prepare them for healthy relationships online. This 16-page booklet has information for parents on how to guide their children through this virtual world. (BP-23) Free to download | Order for $3.00 per copy, with 10+ at $2.00 each
5 Things You Should Know About Cyberbullying
While today's technology provides young people with new and meaningful ways to connect and communicate, it also presents new challenges. This article explore the rise of cyberbullying, the use of technology to bully. Authored by PACER's National Bullying Prevention Center. Published by Family Online Safety Institute (FOSI), December 2019.

References

Hinduja, S. & Patchin, J. W. (2019). Summary of Our Cyberbullying Research (2007-2019) Cyberbullying Research Center. Retrieved from https://cyberbullying.org/2019-cyberbullying-data

Hutson, E. (2016). Cyberbullying in adolescence: A concept analysis. Advances in Nursing Science, 39, 60-70. Retrieved from https://www.ncbi.nlm.nih.gov/pubmed/26836994

Children and youth live at a time of instant access to cell phones, tablets, or computers that opens the door to exciting new ways of connecting, interacting, and learning. However, these new modes of communication also present new challenges for the adults who care for them. Not only do parents and other adults help children and youth navigate in-person social situations, they also need to prepare them for healthy relationships online.

Talking with Children and Youth About Technology and the Potential for Bullying

Today's youth are the first generation to use technology as a means of bullying. Today's adults are the first who have had to learn how to address cyberbullying with youth. The following steps can help you explore this topic with kids and teens.

Talk about potential for bullying

Start a conversation with your child or student about cyberbullying, keeping in mind that bullying can be hard for children to talk about with adults for many reasons. They might be:

Embarrassed by what is happening

Afraid that the bullying will increase if they tell

Thinking that it is their problem to solve on their own

Cyberbullying is also complicated in that many students might not interpret the mean and hurtful behavior that happens on their computer or cell phone as bullying. Children may also worry that they will lose access to technology if they tell an adult about cyberbullying.

As you open the subject for discussion, let the child know that you recognize that phones, computers, and being connected online with friends is a significant part of their lives, but that you also want them to know how to be safe and handle cyberbullying. Explain that if something hurtful is communicated online, it is important that they tell you so that you can work through the situation together.
So, When Should I Start the Cyberbullying Conversation with My Child or Student?
Adults should discuss online conduct and behavior, as well as cyberbullying, as soon as children begin using technology. There is potential for cyberbullying whenever children are using technology to interact. It can begin as soon as children have access to a cell phone or computer that they can use to connect to gaming sites, social media, text, direct messaging, or group chats.

To open the subject up for discussion, tell the child:

"I understand how important it is to communicate with other kids by phone and online"

"You deserve to be safe from bullying online, just like at school, on the playground and in the neighborhood"

"If something happening online is hurtful to you, it's important to tell me about it"

How Do I Start A Conversation About Cyberbullying with My Child Or Student?
Talk with youth about how to handle hurtful online behavior early and often, in the same way that you talk with your kids about being safe at school, in the car, riding public transportation, or playing sports. Visit Questions Answered , which provides a 60-second response, feature article, video, and online poll.

Starting the Conversation About Online Safety | PACERTalks About Bullying, Episode 14

Tips for adults to start the conversation about online safety with their child or student.

Establish online guidelines

Adults set safety rules for children and youth in the physical world, such as guidelines for behavior on the playground, going to the mall or curfews when visiting a friend's house. Do the same for their cyberworld and do your best to include them in the process. Ask the child what's important to them concerning their internet use and set boundaries that reflect keeping those activities safe and positive.

Specific advice to keep in mind:

Remind children and youth that they never really know who is on the other end of online communication. It could be the person they think it is, but because they cannot see that person they should always proceed with caution in their exchanges. Remind them not to do or say anything online that they wouldn't do or say in person. Stress that they should not reveal anything that they wouldn't tell a stranger.

Advise them to never share their email or social media account passwords with anyone, even their best friend. That friend may share it with other people, or the friendship may end, and then their private messages could suddenly become very public.

Help them determine what is and is not appropriate to share online. This can include avoiding sharing personal photos or data (such as physical descriptions, phone numbers, or addresses).

Parents and their children

Decide whether you, the adult, will have access to children's passwords for email accounts, social media, or other technology. If so, determine when you might use their passwords to check on account content.

Look through some of the child's favorite online accounts together to talk about what appropriate posts look like. Giving specific examples of appropriate online content will help them better understand healthy internet use.

Ensure that they keep social media accounts private and do not "friend" people they do not know. Establish rules about whether it's okay for the child to add friends they haven't met in person, such as a friend of a friend.

Establish whether you and the child will be friends on social media accounts and whether you want to moderate the content they share and post online

Set hours that technology can and can't be used. Decide if there will be limits on using technology to communicate with peers, such as no computer or texting after 9 p.m., in class, during mealtimes, or before homework is done.

Create a code of conduct, such as they will not use social media to humiliate or embarrass other people, even if they are being targeted by cyberbullying

Establish that if your child experiences cyberbullying and shares that with you, their access to technology won't be restricted

Be Clear, Be Open
Make sure that any restriction of technology is covered in the agreement you've made with the child so that they understand what will and will not happen if they talk to you. Always aim to keep the lines of communication open, so that they will feel comfortable coming to you with difficult conversations. Also, for situations in which the child demonstrates cyberbullying behavior, be clear that there will be consequences.

Continue to be involved with the child's online use

For parents, and care givers, once there are established rules about your supervising access to children's cell phones, text history, social networking sites, and other computer accounts that they may use for posting information, be sure to frequently remind them about the importance of the established guidelines.

As the child grows and gains access to new technology, remember to evaluate your online safety rules to determine if they are effective and age appropriate. As an adult, you have a responsibility to know what the children under your supervision are doing online. Explore parental control options through internet service and wireless providers and continue to establish what access you will have to the child's online interactions. If past guidelines are no longer working or no longer apply to your child's use of technology, then sit down with the child and have the conversation again. Keep encouraging them to talk with you about any inappropriate behavior they see online, whether it's happening to them, by them, or to others.

Teens Talk About Cyberbullying

Teen Talk on Cyberbullying is a five-minute video designed to provide authentic insight and perspective from peers on issues related to cyberbullying. After viewing the video, hold a classroom discussion using the suggested questions.

Steps to Take When Youth Are Being Bullied Online

If a child or youth tells you that they are being bullied online, be supportive. Cyberbullying is often an isolating experience, and you might be the first person they've told about it.

What should you tell the child?

1. This is not your fault. Make sure they know they should not blame themselves.

2. You are not alone. Many children feel that no one can help and that nothing will change.

3. It is not up to you to stop the bullying; we will work together. It's important that youth and adults are both involved in working toward a solution.

4. Bullying is never okay. Even though it happens, that never makes it right.

5. No one deserves to be bullied. All students have the right to be treated with dignity and respect.

Document the situation and keep a detailed record

One of the unique aspects of cyberbullying is that it leaves behind a trail of evidence documenting the hurt the child has experienced. Keeping a detailed record of this evidence will help when planning how to resolve the situation. It's tempting for children who are being cyberbullied to delete messages and other bullying content sent to them, especially if they are trying to ignore the bullying. But this can become problematic if you need to provide proof of the cyberbullying to parents, school officials or law enforcement officials later on. Remember that if there is no evidence of the behavior, it's almost impossible to prove.

How to capture evidence of cyberbullying:

Take screenshots of bullying content on a phone or computer

Save emails, messages, and photos

Encourage the child to forward hurtful texts to you or another trusted adult so that someone is keeping track of the evidence but the child can delete it from their own device

If bullying is also happening in person, make sure to record the date and description of each instance

Contact the social media, site, or app provider

Many social media sites have safety pages that provide guidelines for how to address cyberbullying on their site:
Ideas for Parents

Consider using the safety features offered by wireless and internet service providers or social media sites that help block or manage cyberbullying. The privacy settings are always evolving, with new family safeguard and parental control features designed to offer customized solutions to cyberbullying.

You can also review privacy settings on your child's online accounts, mobile apps, computers, and cell phones

Have your child take an inventory of their online accounts and check to make sure you are comfortable with the amount and type (videos, photos, etc.) of information they're sharing with others

Suggest they-after documenting-delete, untag, or hide content they are concerned about

Promote self-advocacy

Learning how to communicate what you need is a powerful skill for youth. Self-advocacy-which means communicating on your own behalf, sharing what you need, and then taking action-is especially important in bullying situations as they may be feeling powerless to change what is happening to them. Being part of the solutions helps give them some of the power back.

Encouraging children to share their ideas will help restore confidence and teach them how to self-advocate

A child-centered solution will also help provide the child with a sense of ownership over positive outcomes and engage them more in achieving those outcomes

As an adult looking for ways to help a child, it's important to not only be informed, but to also have a plan. Whether they are being bullied, witnessing bullying, or bullying others, you can help to create a plan to change the situation.

Examples of Self Advocacy | PACERTalks About Bullying, Episode 25

Jody, director of PACER's Parent Training and Information Center, shares a creative, real-life example to help explain what self-advocacy and the "Student Action Plan" can look like in action.

Parents and Schools Working Together

Today, most schools include cyberbullying in their bullying prevention policy, whether it happens on or off school premises or during school hours. These policies can help prevent cyberbullying and explain how this online behavior might impact your child at school.

When there is a cyberbullying situation, ask for a meeting

If you're an educator, coach, or counselor and you've noticed a child has been cyberbullied or is bullying others online, meet with their parents. If you're a parent, reach out to the school to meet and discuss the situation. This can be with a teacher, but also ask if the principal, a social worker, or an administrator should attend. During the conversation or meeting, use the steps below to outline a possible plan to address the bullying.

Describe the problem clearly

Explain how the online bullying is impacting the child offline and in all parts of life

Provide any documentation that you have, such as screenshots or text messages or the child's completed Student Action Plan Against Bullying

Review the school's bullying prevention policy

Encourage input from all members at the meeting

Brainstorm (without judging the ideas)

Develop a plan

Define who is responsible for an action and when will it be done

Put that plan in writing

Create a timeline and criteria to evaluate success

Follow up and report outcomes

Steps to Take When Youth Have Witnessed Cyberbullying

First, let the child know how powerful and impactful their response can be. Many bullying situations end when a peer intervenes, which means students play an important role in bullying prevention. However, many are unsure how to take the first step, especially online. As a trusted adult or parent, it's important to explain to children and teens that they have the power to help others. There are many effective ways to respond when they witness bullying, so encourage your child to do what feels right for them.

Give them ideas for action steps they can take online, such as:

Don't participate or engage. Don't "like" or share posts that are bullying someone. This sends the message that they don't agree with what's happening and it takes attention away from the person who is cyberbullying.

Report it. Even if the content isn't targeting the child, they can still report it to the site or to an adult they trust.

Respond with positive support. If the child feels comfortable doing so, and if it's safe, advise them to post a comment showing solidarity with the target. Ask the child to think about how they would feel if they were being cyberbullied - wouldn't they want someone to support them? Imagine the difference one nice comment among a bunch of mean ones can make!

Reach out to the person being bullied. Your child can send them a private message letting them know that what's happening is wrong, they don't deserve to be treated like that, and they're not alone.

Classroom Ideas

Elementary School Students

An activity designed with hypothetical bullying scenarios (that are based on real events), which students can use to think through responses and solutions.

Cyberbullying: What Makes it Unique | PACERTalks About Bullying, Episode 13

The dynamics of using technology to hurt, harm or humiliate another individual or group.

Middle and High School Students

Being Bullied? Cyberbullying and Self-Advocacy: PACER's Teen Against Bullying resource page designed for students who are being bullied.

Witnessing Bullying? Cyberbullying and Advocacy for Others: PACER's Teen Against Bullying resource page designed for students who witness bullying.

What Should You Do? An activity designed with hypothetical bullying scenarios (that are based on real events), which students can use to think through responses and solutions.

Teen Talk on Cyberbullying Watch this five-minute video designed to provide authentic insight and perspective from peers on issues related to cyberbullying. Use the suggested discussion questions to continue the dialogue.

Steps to Take When Youth are Cyberbullying Others

If you find out your child or student is cyberbullying others, it's important to know that bullying is a behavior and that behavior can be changed. Children cyberbully for many reasons, including peer pressure, being bullied themselves, or not realizing the impact their actions can have on others.

Start by talking with the child and exploring reasons for their behavior. This conversation should allow the child to:

Discuss how they are feeling

Speak up if they are being bullied by someone else

Talk about other factors that may be leading to this behavior

Next, teach empathy, respect, and compassion. Children who cyberbully often lack awareness of how others feel. They also often have difficulty understanding that what we do online has real-life consequences; share with them how their online behavior can impact how someone feels or thinks. Try to understand the child's feelings and help them learn to appreciate how others feel when they are cyberbullied. Let the child know that everyone has feelings and that feelings matter.

Then, make your expectations and consequences clear and consistent. Let the child know that bullying is not okay under any circumstance and will not be tolerated. Explain that there will be consequences for their behavior. Be specific about what will happen and take immediate action if you learn that they're involved in a cyberbullying incident.

Finally, provide positive feedback and be patient. It takes time to change behavior. Be patient with the child as they learn new ways to handle feelings and conflict. Provide praise and recognition when they child handle online conflict well or find a positive way to deal with their feelings. This type of positive reinforcement goes a long way! Keep your concern and support visible.
Advice to Give to a Child to Prevent Them From Cyberbullying Others

Think before you post. If you're upset, sad, or angry, wait to post or respond. Give yourself some time to cool down, so you don't do something that you can't take back.

Never publicly reveal anything that you wouldn't be comfortable with anyone knowing. Remember that when you share something online, it can potentially be seen by anyone, including your parents and teachers.

When you make comments about someone else, imagine how you would feel if someone said that about you.

Cyberbullying Youth of Protected Classes

There are legal rights when a child is part of a protected class and is the target of bullying or cyberbullying. The distinction between bullying and harassment is that when the bullying behavior directed at the target is also based on their status as part of a protected class, that behavior may then also be defined as harassment. Protected classes include race, color, religion, sex, age, disability, and national origin.

According to the Office for Civil Rights (OCR) and the U.S. Department of Justice (DOJ), online and offline bullying may also be considered harassment when the conduct is sufficiently serious that it interferes with (or limits) a student's ability to participate in (or benefit from) the services, activities, or opportunities offered by a school.

Students with disabilities

There are legal protections and provisions for students with disabilities who are being harassed. All students with disabilities have protections under federal law to ensure they receive a free, appropriate public education. The Individuals with Disabilities Education Act (IDEA) is a federal law. It requires that each child who has a disability and qualifies for special education and related services receives a free and appropriate public education (FAPE). Each State Department of Education enforces IDEA in their state. Students with an Individualized Education Program (IEP) would qualify for these protections.

Section 504 of the Rehabilitation Act of 1973 (often referred to as simply "Section 504") and Title II of the Americans with Disabilities Act of 1990 (Title II) are other federal laws that apply if the harassment denies a student with a disability an equal opportunity to education. The Office for Civil Rights (OCR) enforces Section 504 and Title II of the ADA. Students with a 504 plan or an IEP would qualify for these protections.

If a student with a disability is being bullied, these federal laws require schools to take immediate and appropriate action to investigate the issue and take any necessary steps to stop the bullying and prevent it from recurring.

The bullying of a student with a disability on any basis, not just because of their disability, may result in a denial of FAPE that must be remedied by the school. The IEP or 504 team should convene when a student with a disability is bullied for any reason in order to determine whether the student's needs have changed and whether FAPE is still being provided.

What is the role of schools to address cyberbullying?

Every state has a bullying prevention law or policy that helps districts and schools address bullying. Many of these laws and policies require that schools address cyberbullying in their district policy. Some state laws also cover off-campus behavior that creates a hostile school environment. If a child experiences cyberbullying, check the school's bullying prevention policy to learn more about the role the school can play in helping youth address the issue.
State Law and Policy

Cyberbullying can create a disruptive environment at school and is often related to in-person bullying. The school can use the information to help inform prevention and response strategies.

In many states, schools are required to address cyberbullying in their bullying prevention policy. Some state laws also cover off-campus behavior that creates a hostile school environment.

Source: StopBullying.gov

Related Resources

Cyberbullying - Student Perspective | PACERTalks About Bullying: Season 3, Episode 23

Students provide their insights about how to address and prevent cyberbullying.

Ideas for Addressing Cyberbullying | PACERTalks About Bullying, Season 2, Episode 13

Tips for teens on how to address and prevent cyberbullying, and what to do if they see it happening online.

A Conversation with Your 13-Year-Old about Facebook and Instagram |Sponsored by Facebook, Instagram, and PACER's National Bullying Prevention Center

Connecting Responsibly: Just a generation ago, teens were asking their parents for a phone in their room-maybe even one with a separate line or three-way calling-so they could connect with more friends. Today, a teen's desire to connect with friends has not changed, but the options for doing so have grown tremendously. Children are not only asking for their own mobile phones at a younger age, but they also want access to popular social media sites and apps, such as Facebook and Instagram. While these platforms offer teens the opportunity to share ideas, photos, videos, and more, these tools should be used responsibly. View the full guide.
Cyberbullying Starts Earlier Than You Might Think - Here's How to Protect Your Child Now
With kids owning smartphones as early as age 6, knowing the basics of cyber safety is key.
What Every Parents Needs to Know About Protecting Their Child from Cyberbullying
Bullying behavior has been around forever, but cyberbullying presents new challenges-and kids today are the first to experience them.
Helping Your Child Understand Cyberbullying
It was just a generation ago that kids and teens were asking their parents for a phone line in their room so they could connect with friends. Today, a student's desire to connect with friends has not changed, but the options for doing so have grown tremendously. While young people's access to technology has evolved over the years, so has the way we communicate with children about online safety and cyberbullying. Posted to Spring 2017 edition of Our Children, the National PTA Magazine.
How to Prevent Cyberbullying: Hands off the keyboard until you're calm!
Julie Hertzog, the director of PACER's National Bullying Prevention Center said the following in a recent interview: "Cyberbullying manifests itself as teens using technology to hurt, harm, and humiliate their peers. In some ways, online bullying can be even more devastating than traditional bullying, as an aggressor is able to access an audience 24/7 instead of traditional bullying which is confined to school." And the hurt can be worse, as "the person being bullied can read and re-read a hurtful text or comment on social media, and experience the hurt over and over again," Hertzog explains.
How parents can help kids cope in the age of cyberbullying
In HEMAWARE, a digital magazine, author Rita Colorito interviews staff from PACER's National Bullying Prevention Center to share important information for parents. "It's important for kids to know that they have a right to be safe on their cellphone just like they have a right to be safe in school. It should be a good experience," Hertzog says.

What makes cyberbullying unique from traditional bullying?

While all bullying is characterized by intentional, often repetitive, hurtful behavior toward another person or group, there are distinguishing elements when it happens online or via smartphone, which include:

Persistent. Most students have access to some form of technology at all times, which means cyberbullying can happen any time-in the morning, afternoon, and evening-not just while children are at school. It happens while at home or in the community.

Hard to detect. While some bullying is very overt, such as pushing or damaging belongings, cyberbullying happens through phones and on computers or tablets, making it much more difficult for adults to detect.

Anonymous. Cyberbullying can be done anonymously. Those being bullied might not even know who is perpetuating the behavior, which makes it easy for one child to hurt another and not be held accountable.

Capable of spreading to a much larger audience. Information online can be shared easily and quickly, which makes it difficult to contain or stop negative messages.

Easier to be hurtful. It is often easier to bully using technology because of greater physical distance. The person bullying doesn't see the immediate response from the person being targeted They might not recognize the serious harm caused by their actions because technology distances them from the real-life pain they could be causing.

Permanent.* Once something is shared on the internet, it is often available to everyone, everywhere. It can be challenging to completely delete information once it is on the internet.

Note: The one advantage to "permanence" is that online bullying does leave tangible evidence. Unlike physical or emotional bullying, online bullying leaves a digital footprint; the words, images, or videos posted can be documented through screenshots or saving URLs and texts, which can be useful. How prevalent is cyberbullying?
The Cyberbullying Research Center provides data through a nationally-representative sample of 4,972 middle and high school students between the ages of 12 and 17 in the United States. Data were collected in April of 2019.

At what age does cyberbullying start?

Often, the perception is that cyberbullying only happens on social media platforms, which require individuals to be at least 13 before signing up and using these services, according to the Children's Online Privacy Protection Act (COPPA) regulations. However, cyberbullying is an issue that can even impact younger children, as they can be subjected to or participate in inappropriate online behavior as soon as they have access to technology. When kids have access to text messaging, group chats, an email address, or a gaming site, there is the potential for cyberbullying.

Cyberbullying: More Questions Answered by Kids | PACERTalks About Bullying, Episode 16

Age 13 is when teens are typically able to sign up for many social media accounts. But does cyberbullying only start when teens start getting these accounts? In this video we ask kids about this and all things cyberbullying.

What is the most important thing youth can do if they experience cyberbullying?

Encourage all youth that if they experience cyberbullying, they should tell someone. Cyberbullying generally happens in an environment where adults can't see it; unless the kids involved tell someone, often no adults will know. Also, share with youth that you recognize there may be times when they have difficulty confiding in a parent or adult, but that it's important that they don't go through the experience all alone, and for their well-being it's important to tell someone.
Reasons Why Young People May Not Tell an Adult
They tried and were told just to "ignore it." A common response to bullying is to "just ignore it," which is well intentioned but not helpful. It's hard to ignore negative behavior that is repeatedly directed at you.

They think because it happened through technology, that it's not bullying. Reinforce that when someone intentionally and repeatedly tries to hurt or harm you, whether it's in person or online, that is bullying.

They think they should handle it on their own. Some kids see bullying as something they need to fix or that they maybe did something to deserve it.

They're concerned about contacting the other kid's parents. Some kids think that an adult's response will make the situation worse, like calling the other kid's parent and getting upset with them.

They don't want their phone taken away. Limiting a child's use of phones, tablets, or other technology won't stop the situation. It's the bullying, not the technology, that needs to stop.

They don't want anyone to worry. Some kids believe that their parents or other adults in their lives, have enough to deal with and they don't want to add another problem to handle.

They see the situation as too personal. Some kids get picked on because of something they did, like behaving inappropriately at a party. If they tell an adult about being bullied, then they also have to explain their own actions. That's not an easy thing to do when you already feel bad about what happened.

What should someone do when they see cyberbullying?

If your child or student sees cyberbullying, encourage them to take action when they feel comfortable. Research shows that peers can be very effective at intervening in a bullying situation. While possible responses include direct confrontation, this can be very challenging for individuals of any age to do. Research shows the more effective response is being supportive of the person being bullied. When someone sees cyberbullying, their response could be to:

Write something positive about the person being targeted

Contact the person being bullied and let them know they're not alone

Take a screenshot of the bullying and report it to a parent or an adult at school

Report the bullying content to the social media platform and ask to have it removed according to the platform's community guidelines

How do you keep a record of cyberbullying?

An important part of addressing a cyberbullying situation is to document what has happened. Your child or student may want to delete what is being sent so that they don't have to see it again, but it's important to NOT immediately delete evidence of bullying, encourage them to first capture the information. Records can provide proof of the cyberbullying to social media providers, school personnel, or law enforcement officials.

Adults and youth can work together to save the evidence: take screenshots of inappropriate behavior in emails, text messages, posts, website pages, and photos

Print out evidence when necessary

Don't delete anything until you've made a copy that includes dates, identity of sender, and other relevant information

Make sure to record the date and description of any bullying incidents that are happening in person, as well

What is the role of schools to address cyberbullying?

Every state has a bullying prevention law or policy that helps districts and schools address bullying. Many of these laws and policies require that schools address cyberbullying in their district policy. Some state laws also cover off-campus behavior that creates a hostile school environment. If a child experiences cyberbullying, check the school's bullying prevention policy to learn more about the role the school can play in helping youth address the issue.
State Law and Policy

Cyberbullying can create a disruptive environment at school and is often related to in-person bullying. The school can use the information to help inform prevention and response strategies.

In many states, schools are required to address cyberbullying in their anti-bullying policy. Some state laws also cover off-campus behavior that creates a hostile school environment.

Source: StopBullying.gov

What is the role of technology providers to address cyberbullying?

Many social media sites have safety pages that provide guidelines for how to address cyberbullying on their site, including:

Parents can also be aware of the safety features offered by wireless and internet service providers that help block or manage cyberbullying. The privacy settings are always evolving, with new family safeguard and parental control features designed to offer customized solutions to cyberbullying.

What can be done to support the emotional and physical well-being of youth experiencing cyberbullying?

PACER's National Bullying Prevention Center offers the Student Action Plan Against Bullying, a free, downloadable handout which involves youth in the solution equation, along with a helpful guide for parents and educators. The plan and guide can be used to help your child or student think through their situation, discuss how they think it could be different, and identify the steps needed to make that change happen.

Cyberbullying

One in five (20.9%) tweens (9 to 12 years old) has been cyberbullied, cyberbullied others, or seen cyberbullying (Patchin & Hinduja, 2020).

49.8% of tweens (9 to 12 years old) said they experienced bullying at school and 14.5% of tweens shared they experienced bullying online (Patchin & Hinduja, 2020).

13% of tweens (9 to 12 years old) reported experiencing bullying at school and online, while only 1% reported being bullied solely online (Patchin & Hinduja, 2020).

Reports of cyberbullying are highest among middle school students, followed by high school students, and then primary school students (Centers for Disease Control, 2019)

Trends to address cyberbullying

Tweens reported using a variety of strategies to stop the bullying including blocking the person bullying them (60.2%), telling a parent (50.8%), ignoring the person (42.8%), reporting it to the website or app (29.8%), and taking a break from the device (29.6%) (Patchin & Hinduja, 2020).

Two-thirds of tweens are willing to step in to defend, support, or assist those being bullied at school and online when they see it (Patchin & Hinduja, 2020).

Barriers to helping when tweens witness bullying at school or online included being afraid of making things worse, not knowing what to do or say, not knowing how to report it online, being afraid others kids will make fun of them, being afraid to get hurt, and not knowing who to tell (Patchin & Hinduja, 2020).

Improving social networking safety skills can help prevent cyberbullying, such as understanding how cyberbullying can cause harm, making sure personal information is not available on social media, keeping social media accounts private, not "friending" people they do not know, and general efficacy (Wölfer, Schultze-Krumbholz, Zagorscak, Jäkel, Göbel, & Scheithauer, 2013 ).

How cyberbullying impact students

Tweens who were cyberbullied shared that it negatively impacted their feelings about themselves (69.1%), their friendships (31.9%), their physical health (13.1%), and their schoolwork (6.5%) (Patchin & Hinduja, 2020) .

Cyberbullying can result in serious emotional problems for targets, including depression, anger, and sadness. Those who are victimized by cyberbullying also reveal that they are often afraid or embarrassed to go to school. In addition, research has revealed a link between cyberbullying and low self-esteem, family problems, academic difficulties, school violence, and various delinquent behaviors. (Hinduja & Patchin, 2015)

References

Patchin, J.W., & Hinduja, S. (2020). Tween Cyberbullying in 2020. Cyberbullying Research Center and Cartoon Network. Retrieved from: https://i.cartoonnetwork.com/stop-bullying/pdfs/CN_Stop_Bullying_Cyber_Bullying_Report_9.30.20.pdf

Patchin, J. W., & Hinduja, S. (2019). Summary of our cyberbullying research (2004-2016). Cyberbullying Research Center. Retrieved from http://cyberbullying.org/summary-of-our-cyberbullying-research

Wölfer, R., Schultze-Krumbholz, A., Zagorscak, P., Jäkel, A., Göbel, K., & Scheithauer, H. (2014). Prevention 2.0: Targeting cyberbullying @ school. Prevention Science, 15, 879-887. Retrieved from https://pubmed.ncbi.nlm.nih.gov/24122481/

Youth Risk Behavior Survey. (2015). Trends in the prevalence of behaviors that contribute to violence. Centers for Disease Control. Retrieved from http://www.cdc.gov/healthyyouth/data/yrbs/pdf/trends/2015_us_violence_trend_yrbs.pdf

1. Why can cyberbullying sometimes be more damaging than traditional bullying?

1. It can happen at any time of day

2. It can be anonymous

3. It can be highly public

4. All of the above

Check Answer

All of the above. While cyberbullying is still less common than traditional bullying, it can be particularly damaging because it can happen outside of school hours, it can be anonymous, and it is frequently very public with a potentially unlimited audience. At the same time, many parents are not active on the same websites or technology as their children and may not know what they're experiencing while online or on their phone.

2. At what age should there be a "cyberbullying conversation" with youth?

Why can cyberbullying sometimes be more damaging than traditional bullying?

1. When they start using social media

2. When they get their first phone

3. When they start using technology

4. All of the above

Check Answer

All of the above. Adults should discuss online conduct and behavior, as well as cyberbullying, as soon as youth start using technology in any form. There is potential for cyberbullying whenever children are using technology to interact. It can begin as soon as they have access to a cell phone or computer that they can use to connect to gaming sites, social media, text, direct messaging, or group chats. Have this conversation early in their lives, and return to the conversation as they grow up and their use of technology evolves.

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Just as the use of technology itself has evolved, so has the ability to bully. Bullying, once restricted to the school or neighborhood, has now moved into the online world. Bullying through electronic means is referred to as "cyberbullying."

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Hector Arzate discusses the increase in cyberbullying among teens in his article "Cyberbullying is on the Rise Among Teenagers, National Survey Says". The article discusses recent data which reports:
- 20% of students surveyed have been a victim of bullying in school and 15% of those students reported cyberbullying;
- 21% of females reported being bullied through texts or online;
- 90% of students that reported cyberbullying, said rumors were spread about them and it carried over to school; and
- 39% of those cyberbullied were excluded from school activities by their peers.

Reference
Arzate, Hector Alejandro. (2019, July 15). "Cyberbullying is on the rise among teenagers, National Survey says". Retrieved from https://blogs.edweek.org/edweek/District_Dossier/2019/07/cyberbullying_is_on_the_rise_a.html.

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While smartphones, tablets, and other digital tools have transformed how schools teach, they've also changed the way students interact with one another. And with those changes, have come increased reports of cyberbullying, according to the new report by the National Center for Education Statistics.

The nationwide report, " Student Reports of Bullying: Results from the 2017 School Crime Supplement to the National Crime Victimization Survey," found that 20 percent of surveyed students ages 12-18 reported being bullied during the 2016-2017 school year. Among those students, 15 percent were bullied online or through text messages. The results marked a 3.5 percent increase in cyberbullying from the 2014-2015 school year, according to the NCES.

Data on cyberbullying was collected separately from in person bullying up until 2015. But researchers feel that the shifting landscape requires both uniformity and awareness in measuring bullying in all its forms.

"It is important to collect information on the location of bullying so there is awareness of where students are experiencing these behaviors," said Rachel Hansen, the project officer for the NCES. "While developing the uniform definition of bullying, it was determined that cyberbullying is a form of bullying and shouldn't be collected as a separate concept."

The survey does not currently collect specific information on the forms of technology or social media platforms that bullies are using most often, focusing instead on the behaviors of respondents.
Differences in Bullying
The study found notable differences in cyberbullying rates among different student groups. In the 2016-2017 school year, 21 percent of female students report being bullied online or through texts-a rate that is three times higher than that for male students, at 7 percent.

The report also found that the students reporting being bullied online or by text also reported being bullied in several ways at higher percentages than students who were bullied in person. The nature of cyberbullying included actions similar to traditional bullying. One type of action included being made fun of, name calling, or insults, which were experienced by 74 percent of those who were bullied online compared to 63 percent of those bullied in person.

More prevalent, however, was the use of rumors. According to the 2017 School Crime Supplement, 90 percent of students who were cyberbullied reported having rumors spread about them, compared to 62 percent of those who had been bullied only in person. The report also found exclusion to be a key type of bullying, with 39 percent of those bullied online being purposefully excluded from activities compared to 23 percent of those bullied in person.

Dating to 2001, the report provides a long-running barometer on the fast-changing face of bullying, which affects students no matter where they plug in.

"We recognize the need to continue to collect relevant information that is informative for policymakers, researchers, schools, and communities," said Hansen. "The continued increase in use and accessibility of technology may result in modifications to the School Crime Supplement to address the emerging trends or high profile topics, such as online bullying."
CORRECTION: A previous version of this story misstated the percent increase in cyberbullying between the 2014-15 and 2016-17 school years. It is 3.5 percent.

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Cyberbullying Is on the Rise Among Teenagers, National Survey Finds

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While smartphones, tablets, and other digital tools have transformed how schools teach, they've also changed the way students interact with one another. And with those changes, have come increased reports of cyberbullying, according to the new report by the National Center for Education Statistics.

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"Cyberbullying Challenges Mental Health in our Schools" discusses the harm students are facing when bullied online. In the article, Berkowicz and Myers discuss how cyberbullying now includes "harassment, cyberstalking, exclusion, impersonation, dissing, and outing" (para. 4).  The article addresses how, even with counseling and parental support, students are not facing this new threat well. The article also discusses how the best way to battle this new form of bullying is to be aware, educate, and protect our students.

Reference
Berkowicz, Jill and Ann Myers. (2017, May 28). "Cyberbullying challenges mental health in our schools". Retrieved from https://blogs.edweek.org/edweek/leadership_360/2017/05/cyberbullying_challenges_mental_health_in_our_schools.html.

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J. M. Myers M.D.* returns as a guest blogger to write this two-part series about mental health in our schools. In Part One, Dr. Myers wrote about Good News About Mental Health in Our Schools. Here, in part two, he shares his view of cyberbullying and its challenge to mental health in our schools.
How ironic that during this month, May, Mental Health Month, we have seen videos of torture, murder, rape, and threats widely distributed on social media. In fact, these Internet sites had previously publicized that they wanted live action.

All this though represents only the most extreme actions of a few who have posted this material. I would maintain that day to day less publicized but very insidious cybermedia postings have introduced massive new waves of vulnerabilities for our children by exposing them to the risk of almost universally distributed forms of community bullying.

Bullying Is Not New

Bullying used to take the form of verbal taunts, threats, or physical nudging. It consists of a triad of an intent to harm, with repetition, and an imbalance of power between the dyad. In the past, frequently, all parties chose to keep it private and school leaders were quite happy with that, since it required no intervention, even when it occurred right before their eyes. Some did not see it as part of their role as educators to intervene. Yet even they now see that there is no escape from addressing the issue.

Cyberbullying, utilizing email, chat, texting, instant messaging, and video, has become ever more the issue with survey reports showing that 16% of middle and high school students have been bullied electronically. It now includes harassment, cyberstalking, exclusion, impersonation, dissing, and outing. Home used to be a haven from threats, but no longer. The rate of suicide in children has increased in the last 15 years. Might this be more than a correlation with electronic media?

Adolescents now share compromising pictures of themselves with others who today are seen as friends until the falling out occurs and the purported friend becomes a persecutor. Schools become involved as parents turn to them as agents of justice and resources for assistance. Mental health staff may provide assistance to work on feelings of guilt, shame, and anger but actions to remediate the trauma are pitifully few. All of us are struggling to confront this newest threat to child mental health. Laws have been passed in all states recently that, with some variation, allow for the prosecution of the perpetrators, but they are not easily identified.

Is Facebook the Devil?

Rarely does a clinical day of a child psychiatrist go by now without some Internet related stressor making an appearance. They come in every conceivable form, and some hardly imaginable. All of us working with children observe some of this. Recently when walking through the hallway of Child Protective Service where I consult, I saw that one worker had posted a sign reading "Facebook is the devil". Momentarily it reverberated with me until I stepped back to reaffirm that people determine what is on the platform. Yes, the corporations on whose platforms this all occurs abrogate any accountability, even for its effects on our children. In prior times newspapers saw themselves as accountable for what they printed and actively screened for "all the news that's fit to print". Our children have become both publisher of this bullying material and the victim of it, while Facebook, Instagram, and Snapchat collect the profits. This whole schema takes place with no adult input!!!

Be Aware, Educate, and Protect Our Children

Bullying, an age-old problem, now poses huge new challenges for us to address. What was quiet or private has become widely dispersed, even from nameless sources. We do not know what, if any, prevention strategies may work. At the least, mental health resources and educational resources must be brought together to ensure our best chance for success in stemming the spread of cyberbullying and protect the mental health of our children.
J.M. Myers, brother of Ann Myers, has spent his career working with children and families in multiple mental health and child developmental facilities in upstate New York. Part One of this two part series can be found at 'Good News About Mental Health in Our School s' A previous post by J.M.Myers 'Schools Need More Reliable A nn Myers and Jill Berkowicz are the authors of The STEM Shift (2015, Corwin) a book about leading the shift into 21st century schools. Connect with Ann and Jill on Twitter or Email. Research' can be found here.

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Cyberbullying Challenges Mental Health in Our Schools

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J. M. Myers M.D.* returns as a guest blogger to write this two-part series about mental health in our schools. In Part One, Dr. Myers wrote about Good News About Mental Health in Our Schools. Here, in part two, he shares his view of cyberbullying and its challenge to mental health in our schools.

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Statutory Law
Texas Education Code §37.0832 defines bullying as engaging in written or verbal expression, expression through electronic means, or physical conduct that occurs on school property, at a school-sponsored or school-related activity (Tex. Educ. Code §37.0832).

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Texas Constitution and Statutes - Statutes By Date

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Statutory Law
Senate Bill 179, also known as David’s Law, states that "Cyberbullying means bullying that is done through the use of any electronic communication device, including through the use of a cellular or other type of telephone, a computer, a camera, electronic mail, instant messaging, text messaging, a social media application, an Internet website, or any other Internet-based communication tool (TX S.B. 179, 85th Leg., 2017).

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Judicial Law
Anthony Zeno, a New York high school student was threatened and harassed for years because of his race. The school took minimal action in order to remove the threat, but the harassment continued. Zeno was awarded a $1 million dollar settlement.

Reference
Zeno v. Pine Plains Central School District, 10-3604-CV (2d Cir. Dec. 3, 2012.

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Judicial Law
The Supreme Court of Pennsylvania found that Bethlehem Area School District had the right to punish a student for derogatory and allegedly threatening comments made on a website about a teach. The court stated that school officials are justified in taking action against threats to faculty and students.

Reference
J.S. v. Bethlehem Area School District, 757 A.2d 412 (Pa. 2002).

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Commonwealth Court of Pennsylvania.

J.S., a minor, by and through his parents and natural guardians H.S. and I.S., Appellants, v. BETHLEHEM AREA SCHOOL DISTRICT, Thomas Doluisio and A. Thomas Kartsotis.

Decided: February 15, 2002
Before SMITH-RIBNER, Judge, FRIEDMAN, Judge, and JIULIANTE, Senior Judge. Robert E. Sletvold, Easton, for appellants. Ellis H. Katz, New Britain, for appellee.
J.S. (Student), a minor, by and through his parents and natural guardians H.S. and I.S. (collectively, Appellants), appeal from the February 25, 2000 order of the Court of Common Pleas of Northampton County (trial court) that granted summary judgment in favor of the Bethlehem Area School District, Thomas Doluisio and A. Thomas Kartsotis (collectively, School District).  We affirm.

In May of 1998, Student was in the eighth grade at Nitschmann Middle School.   Sometime prior to May, Student created a website on his own computer while at home.   The website, titled "Teacher Sux," contained several web pages that made derogatory comments about Student's algebra teacher, Mrs. Fulmer, and Mr. Kartsotis.

As a result of the website, the School District began disciplinary proceedings against Student that consisted of two days of hearings held on August 19 and 26, 1998 before the Bethlehem Area School Board (School Board).  Based upon the evidence presented, the School Board concluded that Student violated the Student Code of Conduct by 1) making threats to a teacher, 2) harassing a teacher and 3), showing disrespect to a teacher.   Consequently, the School Board voted to permanently expel Student.

Appellants appealed Student's expulsion to the trial court, alleging that the School District violated Student's First, Fifth, Sixth and Fourteenth Amendment rights.   The trial court affirmed Student's expulsion and, on appeal, we affirmed.   See J.S. v. Bethlehem Area Sch. Dist., 757 A.2d 412 (Pa.Cmwlth.2000), appeal granted, 565 Pa. 655, 771 A.2d 1290 (2001).

In addition to challenging Student's expulsion, Appellants filed a civil rights action against the School District.   Appellants alleged that the School District (1) deprived Student of his civil rights under 42 U.S.C. § 1983  when it allegedly violated Student's First, Fifth, Sixth and Fourteenth Amendment rights, (2) conspired to violate Student's civil rights in violation of 42 U.S.C. § 1985(3),4 (3) deprived Student of his civil rights under the Pennsylvania Constitution and (4), abused the legal process.   The trial court granted, in part, the School District's preliminary objections;  it dismissed Appellants' § 1983 claims based on alleged violations of Student's Fifth and Sixth Amendment rights.   All other causes of action remained.

Thereafter, on December 29, 1999, the School District filed a motion for summary judgment.  In granting the motion, the trial court found that Appellants' claims were barred by res judicata.   Appellants now seek review before this Court.

Res judicata encompasses two related, yet distinct principles:  technical res judicata and collateral estoppel.  Henion v. Workers' Compensation Appeal Board (Firpo & Sons, Inc.), 776 A.2d 362 (Pa.Cmwlth.2001).   Technical res judicata provides that where a final judgment on the merits exists, a future lawsuit on the same cause of action is precluded.  Id. Collateral estoppel acts to foreclose litigation in a subsequent action where issues of law or fact were actually litigated and necessary to a previous final judgment.  Id.

Technical res judicata requires the coalescence of four factors:  (1) identity of the thing sued upon or for;  (2) identity of the causes of action;  (3) identity of the persons or parties to the action;  and (4) identity of the quality or capacity of the parties suing or being sued.   Id. Res judicata applies to claims that were actually litigated as well as those matters that should have been litigated.  Id. Generally, causes of action are identical when the subject matter and the ultimate issues are the same in both the old and new proceedings.  Id.

Similarly, collateral estoppel bars a subsequent lawsuit where (1) an issue decided in a prior action is identical to one presented in a later action, (2) the prior action resulted in a final judgment on the merits, (3) the party against whom collateral estoppel is asserted was a party to the prior action, or is in privity with a party to the prior action, and (4), the party against whom collateral estoppel is asserted had a full and fair opportunity to litigate the issue in the prior action.  Rue v. K-Mart Corp., 552 Pa. 13, 713 A.2d 82 (1998).

Interesting, Appellants contend only that they were denied an opportunity to fully and fairly litigate the issues before the School Board in that there was no discovery in the expulsion proceedings, the School Board was not an independent fact finder, Student was unable to testify on his own behalf and the School Board was not a court of competent jurisdiction.  They do not contend that the elements of technical res judicata were not met or that any other element of collateral estoppel was lacking.

Pursuant to Section 1318 of the Public School Code of 1949, the School Board has the authority to permanently expel a student after hearing.   Section 12.7(b)(2) of the Department of Education's regulations (Code) requires that prior to expulsion from school, a student be afforded a formal hearing.   22 Pa.Code § 12.7(b)(2).   Inter alia, a student is entitled to be presented with the names of witnesses against him, to request that any witness against him be present and subject to cross-examination and to testify and present witnesses on his own behalf.   See 22 Pa.Code § 12.8(b)(2)(v), (vi) and (vii).

Student was represented by counsel during the hearings, which took place on August 19 and 26, 1998.   Both Mr. Kartsotis and Mrs. Fulmer testified at the hearings and Appellants were given an opportunity to cross-examine them.   Thus, Student was afforded the discovery due to him under the Code's regulations.

Furthermore, Student was available at the first hearing on August 19th to testify on his own behalf.   When it became evident that the hearing would not conclude that evening, the School Board set the second hearing for August 26th to accommodate Student's father's schedule.  As the trial court stated in its order affirming Student's expulsion, Student's parents and his counsel attended the second hearing, counsel cross-examined all witnesses and had the opportunity to call witnesses on Student's behalf.   Despite the importance of the proceedings, Student was unable to attend the second hearing because his parents had enrolled him in an out-of-state school;  the School District did not prevent Student from attending the hearing or testifying on his own behalf.

Appellants further complain that the School Board was not a court of competent jurisdiction and that it was not an independent fact finder.   The law, however, provides that where an agency is acting in a judicial capacity and resolves disputed issues of fact that the parties had an opportunity to fully litigate, the courts will not hesitate to apply preclusion principles.   Grant v. GAF Corp., 415 Pa.Super. 137, 608 A.2d 1047 (1992), aff'd sub nom., Gasperin v. GAF Corp., 536 Pa. 429, 639 A.2d 1170 (1994).

The School Board notified Student of the charges against him, afforded him the opportunity to defend himself, followed the mandates of the Code's regulations for expulsion and issued findings of facts supporting its decision to expel Student.   Thus, the School Board was acting in a quasi-judicial capacity when it undertook expulsion proceedings against Student.   See generally Appeal of Emmanuel Baptist Church, 26 Pa.Cmwlth. 427, 364 A.2d 536 (1976) (citing with approval Canney v. Bd. of Pub. Instruction of Alachua County, 278 So.2d 260 (Fla.1973) where the Florida Supreme Court stated that the term "quasi-judicial" means only that a school board is acting under certain constitutional strictures that have been enforced upon all administrative boards).   We therefore agree that Appellants were granted a full and fair opportunity to litigate the alleged violations of Student's constitutional rights in the prior proceeding.

Notwithstanding, Appellants argue that an administrative agency's determination should only preclude subsequent litigation before another administrative agency.   This Court, however, in Christopher v. Council of Plymouth Tp., 160 Pa.Cmwlth. 670, 635 A.2d 749 (1993), affirmed a court of common pleas' determination that collateral estoppel principles applied between an action before an administrative agency and a subsequent action before that court.

In Christopher, the plaintiff, a police officer, suffered a concussion while subduing a psychiatric patient.   He returned to work for six days, but continued to experience blurred vision.   Christopher began receiving workers' compensation benefits.   Medical personnel advised him to sleep in a sitting position and to avoid head trauma and stressful situations.   No other restrictions were placed on him.

Thereafter, Christopher was requested to return to work as a desk sergeant with no loss of pay.   He refused to report to work, and the employer filed a petition to terminate benefits.   Within a month of the employer's offer, Christopher opened his own restaurant.

A year later, Christopher was ordered to return to work as a desk sergeant but once again refused.   He was thereafter discharged.   Christopher filed a timely answer to the dismissal.   The employer's personnel review board (review board) sustained Christopher's dismissal, concluding that he was medically and physically capable of performing the work duties assigned to him.   Christopher appealed to the court of common pleas, which affirmed the review board.   No appeal was taken from that order.

In 1987, the workers' compensation judge (WCJ) terminated Christopher's benefits.   The WCJ found the employer's medical witness to be credible where he testified that Christopher had fully recovered from his work injury.

Prior to the review board decision, Christopher commenced an action in the court of common pleas pursuant to a collective bargaining agreement (CBA), alleging that as a result of his work injury he became permanently disabled from performing his duties as a police officer.   The employer filed for summary judgment, which was granted by the court of common pleas.

On appeal, we concluded that the court of common pleas did not err in applying collateral estoppel principles.   In the workers' compensation matter, the ultimate issue was whether Christopher was fully recovered from his work injuries.   That was the exact issue to be addressed by the court of common pleas in the action brought under the CBA.   We further noted that the review board's decision similarly precluded Christopher from recovering in an action under the CBA because it had already been determined that he was fit for employment.   Accordingly, we affirmed that portion of the court of common pleas' order.

Christopher serves to illustrate that the courts have applied res judicata and collateral estoppel principles to cases where the administrative agency was acting in a judicial capacity and a subsequent action was commenced in a court of law.  See also Frederick.   Because Appellants' underlying causes of action are precluded, their § 1983 claims are no longer viable.   A § 1983 claim is not a cause of action separate from the underlying federal right, but rather, a vehicle for asserting one's rights.  Balent v. City of Wilkes-Barre, 542 Pa. 555, 669 A.2d 309 (1995).

Accordingly, we affirm.

ORDER

AND NOW, this 15th day of February, 2002, it is hereby ordered that the February 25, 2000 order of the Court of Common Pleas of Northampton County is AFFIRMED.

I respectfully dissent.   The majority holds that a court of record must give preclusive effect to the ultimate resolution of issues arising from a formal expulsion hearing before a local school board.   The question appears to be a matter of first impression in Pennsylvania.   The majority cites no decision, and I have found none, where a court has applied the principles of res judicata or collateral estoppel to a local school board expulsion proceeding.   For the reasons that follow, I would not establish such a precedent.

As a preliminary matter, it is necessary to address whether this court should even consider the res judicata and collateral estoppel issues.   The Court of Common Pleas of Northampton County (trial court) held that the civil rights claims of J.S. (Student) against the Bethlehem Area School District, Thomas Doluisio and A. Thomas Kartsotis (collectively, School District) are barred by technical res judicata.   In so holding, the trial court specifically stated that it would not consider the School District's alternative argument that Student's civil rights claims are barred by collateral estoppel.  (Trial court op. at 18.)

The majority asserts that, in his brief, Student does not challenge the trial court's conclusion that Student's claims are barred by res judicata;   according to the majority, Student argues only that collateral estoppel does not apply.  (Majority op. at 939-940.)   I respectfully submit that, if Student did not challenge the trial court's holding, then (1) Student has waived any challenge to the trial court's holding, (2) Student's claims are barred by res judicata and (3) any discussion of the collateral estoppel issue is irrelevant and unnecessary.

However, I do not agree that Student failed to challenge the trial court's res judicata holding in his brief.   In his Statement of the Questions Involved, Student specifically asks whether the trial court erred in granting summary judgment both "on the grounds of res judicata and collateral estoppel."   (Student's brief at 7.) In the Argument portion of his brief, Student presents the rule of law governing both res judicata and collateral estoppel.   (Student's brief at 12-13.)   Student also properly cites authority indicating that, under both res judicta and collateral estoppel, the party against whom the doctrine is asserted must have had a full and fair opportunity to litigate the claim.  (Student's brief at 13.)   Student then specifically argues that he did not have a full and fair opportunity to litigate his claims before the local school board.  (Student's brief at 13-14.)   Thus, Student presented a challenge to the trial court's res judicata holding.   Unlike the majority, then, I believe it is quite appropriate to address whether the trial court erred in granting summary judgment based solely on res judicata.

I. Res Judicata

Res judicata, or claim preclusion, is a doctrine by which a former adjudication bars a later action on all or part of the claim that was the subject of the first action.  Balent v. City of Wilkes-Barre, 542 Pa. 555, 669 A.2d 309 (1995).   In order to prevail based on res judicata, there must be a concurrence of four conditions:  (1) an identity of the thing sued for;   (2) an identity of causes of action;  (3) an identity of persons and parties to the action;  and (4) an identity of the quality or capacity of the parties suing or being sued.  Gow v. Department of Education, 763 A.2d 528 (Pa.Cmwlth.2000), appeal denied, 566 Pa. 651, 781 A.2d 149 (2001).

If all four conditions have not been met, the inquiry ends.  However, even when all four conditions are met in a case, it is still necessary to address whether the party against whom res judicata is asserted had a full and fair opportunity to litigate the matter brought before the administrative tribunal.   The Restatement (Second) of Judgments § 83 (1982) provides as follows:

(2) An adjudicative determination by an administrative tribunal is conclusive under the rules of res judicata only insofar as the proceeding resulting in the determination entailed the essential elements of adjudication, including:

․

(b) The right on behalf of a party to ․ [a] fair opportunity to rebut evidence and argument by opposing parties․

(e) Such ․ procedural elements as may be necessary to constitute the proceeding a sufficient means of conclusively determining the matter in question, having regard for [1] the magnitude and complexity of the matter in question, [2] the urgency with which the matter must be resolved, and [3] the opportunity of the parties to obtain evidence and formulate legal contentions.

First, as to the magnitude and complexity of the matter in question here, this is a case of the highest magnitude involving Student's First Amendment right to free speech.   Moreover, it is a complex matter because the case involves the effect on an entire school community of an alleged threat made against one teacher on a student's web site.  Second, with respect to urgency, the regulation governing a local school board's formal expulsion proceeding specifically states that the "proceeding must be held with all reasonable speed."   22 Pa.Code § 12.8(b)(1)(ix).   Third, because pre-hearing discovery is not permitted, the parties have little, if any, opportunity to obtain evidence prior to the hearing.   See 22 Pa.Code § 12.8.   Moreover, absent pre-hearing discovery, a party does not have a fair opportunity to rebut the evidence and argument of the opposing party.   Considering these factors, I conclude that the final determination by the School Board in this case is not conclusive under the rules of res judicata.

II. Collateral Estoppel

Although res judicata does not apply here, both proceedings did involve the question of Student's First Amendment rights.   Therefore, it is appropriate for us to consider whether the doctrine of collateral estoppel, or issue preclusion, bars Student's claims in this case.

The doctrine of collateral estoppel applies where the following four prongs are met:  (1) an issue decided in a prior action is identical to one presented in a later action;  (2) the prior action resulted in a final judgment on the merits;  (3) the party against whom collateral estoppel is asserted was a party to the prior action, or is in privity with a party to the prior action;  and (4) the party against whom collateral estoppel is asserted had a full and fair opportunity to litigate the issue in the prior action.  Rue v. K-Mart Corporation, 552 Pa. 13, 713 A.2d 82 (1998).   Student argues that the fourth prong was not met in this case, and I agree.

In Rue, our supreme court held that the determination of an issue in an unemployment compensation proceeding should not be accorded preclusive effect.   The court reasoned that, although proceedings before unemployment compensation referees satisfy the minimum requirements of due process, the proceedings do not allow the parties to litigate the issues in the manner available in a court of record.  Id. The court found especially significant the fact that unemployment compensation proceedings (1) are designed to adjudicate matters quickly, (2) do not allow for pre-hearing discovery and (3) do not follow the rules of evidence.  Id.

The same can be said of a local school board's formal expulsion proceeding.   Such proceedings must be held with all reasonable speed, do not allow for a period for pre-hearing discovery and do not follow the technical rules of evidence.   See section 554 of the Local Agency Law, 2 Pa.C.S. § 554;  22 Pa.Code § 12.8(b)(1)(ix). If collateral estoppel does not apply to unemployment compensation proceedings, Rue, for the same reasons, collateral estoppel should not apply to a local school board's formal expulsion proceedings.

In this particular case, Student certainly did not have a full and fair opportunity to litigate his claims.   By letter dated August 5, 1998, the School Board gave Student notice of the three charges against him and informed him that the School Board had scheduled a hearing for August 19, 1998.  (O.R., Item No. 6, Exh. A at 1.)   Thus, Student had less than two weeks to prepare his defense to the charges.   Moreover, under School Board procedures, Student was precluded from pre-hearing discovery and was prohibited from deposing for rebuttal purposes the eight witnesses who testified on behalf of the School District.

Before the trial court, the parties conducted extensive discovery prior to the grant of summary judgment.  (See O.R., Item Nos. 53, 57, 59, 61, 63.)   During the discovery period, Student attempted to obtain a copy of the investigation file of the Federal Bureau of Investigation (FBI), which had declined to prosecute Student for any crime.  (O.R., Item No. 53.)   The FBI indicated to Student that it would not release the file without a court order from a court of record.  (O.R., Item No. 59.)   Thus, Student could not have acquired the FBI file for the proceeding before the School Board.   Student also attempted to obtain the investigation file of the local authorities, which likewise had declined to prosecute Student for any crime.   However, Student learned that the authorities would not release the file without a court order because Student was a juvenile.  (O.R., Item No. 61.)   Thus, Student could not have acquired the police investigation file for the proceeding before the School Board.   Because Student needed court orders to obtain discovery materials, Student did not have a full and fair opportunity to litigate his claims before the School Board.

Accordingly, I conclude that neither res judicata nor collateral estoppel applies here, and, therefore, I would reverse and remand.

FOOTNOTES

1.  Mr. Doluisio was the Superintendent of the School District.   Mr. Kartsotis was the principal of Nitschmann Middle School, where the underlying events occurred.   Mr. Kartsotis is not participating in this appeal.

2.  Appellants had enrolled Student in an out-of-state school prior to August 26, 1998.   Because school was in session, Student did not attend the second hearing.

3.  Section 1983 provides that[e]very person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ․ subjects, or causes to be subjected, any citizen of the United States ․ to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress․42 U.S.C. § 1983.

FN4. Section 1985(3) provides that[i]f two or more persons in any State or Territory conspire ․ for the purpose of depriving, either directly or indirectly, any person ․ of the equal protection of the laws, or of equal privileges and immunities under the laws;  ․ the party so injured or deprived may have an action for the recovery of damages, occasioned by such injury or deprivation, against any one or more of the conspirators.42 U.S.C. § 1985(3).. FN4. Section 1985(3) provides that[i]f two or more persons in any State or Territory conspire ․ for the purpose of depriving, either directly or indirectly, any person ․ of the equal protection of the laws, or of equal privileges and immunities under the laws;  ․ the party so injured or deprived may have an action for the recovery of damages, occasioned by such injury or deprivation, against any one or more of the conspirators.42 U.S.C. § 1985(3).

5.  Summary judgment is proper where the pleadings, depositions, affidavits and other materials of record show that there is no genuine issue of material fact and the moving the party is entitled to judgment as a matter of law.  L.J.S. v. State Ethics Comm'n, 744 A.2d 798 (Pa.Cmwlth.2000).   On a motion for summary judgment, the record must be viewed in a light most favorable to the opposing party, and all doubts as to the existence of a genuine issue of material fact must be resolved in favor of the non-moving party.  Id.

6.  On review of an order granting summary judgment, we are limited to determining whether the trial court made an error of law or abused its discretion.  Downingtown Area Sch. Dist. v. Int'l Fid. Ins. Co., 671 A.2d 782 (Pa.Cmwlth.1996).

7.  In support of their position, Appellants cite Rue. In that case, Rue was terminated after security personnel observed her eat a bag of potato chips without paying for it.   Rue filed for unemployment compensation benefits and the referee found as fact that Rue did not steal company property.   Unemployment benefits were awarded and K-Mart did not appeal.Thereafter, Rue filed a defamation suit against K-Mart.   The lower court granted Rue's motion in limine seeking to prevent K-Mart from introducing any evidence that she stole a bag of potato chips.   After a verdict in Rue's favor, K-Mart appealed to the Superior Court, which reversed the lower court's ruling on Rue's motion in limine.   Rue appealed to the Supreme Court.On appeal, the Supreme Court noted that 1) unemployment compensation proceedings are designed to adjudicate matters quickly in order to get money into the hands of the unemployed and 2), the amount is often quite minimal and therefore provides little incentive for the employer to litigate the matter vigorously.   Accordingly, the Supreme Court upheld the Superior Court's conclusion that K-Mart did not have a full and fair opportunity to litigate the issue of whether Rue stole company property.   The Court specifically limited its holding of the application of collateral estoppel to unemployment compensation cases.  Rue, 552 Pa. at 21 n. 4, 713 A.2d at 87 n. 4.   It further stated that its determination had no bearing on the body of case law concerning the preclusive effect of workers' compensation proceedings on subsequent litigation. Id. See also Frederick v. Action Tire Co., 744 A.2d 762 (Pa.Super.1999), appeal denied, 564 Pa. 711, 764 A.2d 1070 (2000) the Superior Court, citing Rue, applied collateral estoppel principles to a civil action where the cause of the plaintiff's alleged disability was previously addressed in a workers' compensation claim).

8.  Because the trial court concluded that Appellants' claims were barred by res judicata, it did not address whether collateral estoppel applied as well.  (Trial court opinion at p. 18)

9.  Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 13-1318.

10.  Appellants' request to continue the hearing until Student's Thanksgiving break was not granted because the School Board had granted several of Appellants' earlier requests for continuances.

11.  Appellants further complain that the trial court erred in granting summary judgment because the School District's motion was filed almost three months prior to the March 1, 2000 discovery deadline.   Pa. R.C.P. No. 1035.2(1) provides that summary judgment may be granted where there is no genuine issue of any material fact as to a necessary element of the cause of action that could be established by additional discovery or expert report.   Pa. R.C.P. No. 1035.2(2) requires that discovery be complete only as it relates to the motion.   See also Pa. R.C.P. No. 1035.1, Explanatory Comment.   Appellants do not contend that discovery was not complete as to the motion for summary judgment.   Furthermore, "[t]he binding effect of a former adjudication does not depend upon the evidence or arguments presented.   Inadvertent omission of available evidence is never an acceptable ground for a new action or new trial."  Scott v. Mershon, 441 Pa.Super. 551, 657 A.2d 1304, 1307 (1995) (quoting Fleming v. Strayer, 367 Pa. 284, 288, 80 A.2d 786, 788 (1951)).

1.  The majority indicates in a footnote that the trial court based its holding solely on the doctrine of res judicata.  (Majority op. at 940 n. 8.)

2.  After making its observation, the majority inexplicably proceeds to address Student's collateral estoppel argument.

3.  Student cited the case of Ham v. Sulek, 422 Pa.Super. 615, 620 A.2d 5, 8 (1993), for the proposition that res judicata applies only where a party has been "afforded an opportunity to litigate a claim." (Student's brief at 13.)   There is no question that this is a correct statement of the law.   See Restatement (Second) of Judgments § 83 (1982).

4.  I note that "the term 'res judicata' is a somewhat sloppy term and that it is sometimes used to cover both res judicata itself (claim preclusion) as well as collateral estoppel ('broad' res judicata or issue preclusion)."  Hebden v. Workmen's Compensation Appeal Board (Bethenergy Mines, Inc.), 534 Pa. 327, 330, 632 A.2d 1302, 1304 (1993).   The fact that there is some confusion in the law as to the use of the term res judicata is more reason not to ignore Student's challenge to the trial court's res judicata holding.

5.  In the local school board proceeding, the school board "sued for" Student's expulsion;  in the trial court proceeding, Student sued for compensatory and punitive damages.   Thus, there was not an identity of "things sued for" in the two proceedings.   Cf. Christopher v. Council of Plymouth Township, 160 Pa.Cmwlth. 670, 635 A.2d 749, 752 (1993) (stating that a "worker's [sic] compensation claim and a common law cause of action are not identical and consequently res judicata is not applicable").

6.  Although I would conclude that at least one of the four conditions has not been met here, I will continue my inquiry to address the issue raised by Student, i.e., whether Student had a full and fair opportunity to litigate his First Amendment claim before the local school board.

7.  I have found no cases prior to this one in any jurisdiction where the court addressed whether an alleged threat made against a teacher on a student's web site is protected by the First Amendment.   Nor can I envision a court's contemplation of such a weighty issue without a full opportunity for the litigants to establish necessary facts.

8.  I note that the Restatement (Second) of Judgments § 28 (1982) provides:Although an issue is actually litigated and determined by a valid and final judgment, and the determination is essential to the judgment, relitigation of the issue in a subsequent action between the parties is not precluded in the following circumstances:․(3) A new determination of the issue is warranted by differences in the quality or extensiveness of the procedures followed in the two [proceedings] ․ or․(5) [The] party sought to be precluded ․ did not have an adequate opportunity or incentive to obtain a full and fair adjudication in the initial action.

9.  Thus, the court made clear that the standard used to determine whether collateral estoppel applies is different from the standard for determining whether a litigant has been afforded his or her due process rights.

10.  In reaching a contrary result, the majority relies upon Christopher and Frederick v. Action Tire Company, 744 A.2d 762 (Pa.Super.1999), appeal denied, 564 Pa. 711, 764 A.2d 1070 (2000).   However, neither of these cases applies here.To begin, Christopher and Frederick involved workers' compensation cases, not local school board expulsion proceedings.   Although both are administrative proceedings, the procedures that govern workers' compensation cases are different from those that govern local school board expulsions.   This is especially true with respect to pre-hearing discovery.   In workers' compensation cases, the parties have ample opportunity for pre-hearing discovery;  however, a student has no opportunity for pre-hearing discovery in an expulsion proceeding.   This is critical where, as here, the party against whom collateral estoppel is asserted argues that there was not a full and fair opportunity to litigate the claim before the administrative agency.Moreover, the issue raised in Christopher involved the first prong of collateral estoppel, not the fourth prong.   The question was whether the issues presented before the trial court were identical to the issues presented before the administrative tribunals.   Thus, the court in Christopher never addressed whether the litigant in a workers' compensation proceeding has a full and fair opportunity to litigate a claim.Our superior court did address the fourth prong in Frederick, holding that the litigant in a workers' compensation proceeding has a full and fair opportunity to litigate his or her claim.   The court distinguished Rue, stating that the procedures in workers' compensation proceedings are different from those in unemployment compensation proceedings.   See Frederick.   As I indicate above, the procedures in local school board expulsion proceedings are different from those in workers' compensation proceedings, but they are similar to those in unemployment compensation proceedings.   Thus, unlike the majority, I would conclude that Rue, rather than Christopher or Frederick, governs the outcome of this case.

11.  The majority concludes that Student was afforded "discovery" before the local school board because he had an opportunity to cross-examine two witnesses.  (Majority op. at 940.)   I submit that cross-examination is not equivalent to pre-hearing discovery.The majority also concludes that Student had a full and fair opportunity to litigate the alleged violations of his constitutional rights because the school board was acting in a quasi-judicial capacity.  (Majority op. at 940-941.)   However, our supreme court held in Rue that unemployment compensation referees, acting in a quasi-judicial capacity, do not provide litigants with a full and fair opportunity to litigate claims.   Thus, I believe that the majority's analysis of this issue is deficient.   Indeed, the majority never addresses the fact that an administrative agency does not have authority to decide the constitutionality of its own action. Ruszin v. Department of Labor and Industry, Bureau of Workers' Compensation, 675 A.2d 366 (Pa.Cmwlth.1996).   Therefore, the local school board in this case could not fully litigate Student's constitutional challenge to the school board's action.

OPINION BY Senior Judge JIULIANTE.

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FindLaw's Commonwealth Court of Pennsylvania case and opinions.

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J.S., a minor, by and through his parents and natural guardians H.S. and I.S., Appellants, v. BETHLEHEM AREA SCHOOL DISTRICT, Thomas Doluisio and A. Thomas Kartsotis. Before SMITH-RIBNER, Judge, FRIEDMAN, Judge, and JIULIANTE, Senior Judge. Robert E. Sletvold, Easton, for appellants. Ellis H. Katz, New Britain, for appellee. J.S.

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#10 - Local Administrative Law/Policy/Rule

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#10 - Local Administrative Law/Policy/Rule

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Administrative Law
Giddings High School Student Handbook states that bullying (including Cyberbullying) may include: hazing, threats, taunting, teasing, confinement, assault, demands for money, destruction of property, theft of valued possessions, name-calling, rumor-spreading, or ostracism.

Reference
Giddings ISD Board Policy. (2019). Retrieved from https://pol.tasb.org/Policy/Download/805?filename=GRAC(LEGAL).pdf.

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As set forth by Texas Administrative Law Section 247.2, the Code of Ethics and Standard Practices for Texas Educators states that, "The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor" (Tex. Admin. Law §247.2). In relation to cyberbullying, this ethical law means that teachers have a responsibility to report any form of cyberbullying whether seen directly or indirectly.

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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In Teen Cyberbullying Investigated, Judge Tom Jacobs presents a collection of landmark cases involving teens  cyberbullying. Each chapter features a seminal case and resulting decision, asks readers whether they agree with the decision, and urges them to think about how the decision affects their lives.

Reference
Jacobs, Thomas A. (2010). Teen Cyberbullying Investigated. Free Spirit Publishing.

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Teen Cyberbullying Investigated book. Read 14 reviews from the world's largest community for readers. How do teens know when they might be "one click awa...

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#13 - Recommendations/Best Practices for Compliance

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#13 - Recommendations/Best Practices for Compliance

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Cyberbullying has increasingly become an issue in middle and high schools across the country. Schools must not only address the issue with students, but also get parents and community members involved. Best practices for this issue include:
- Having a common definition of bullying which includes cyberbullying;
- School officials should work closely with school attorneys in order to create lawful rules and guidelines;
- Schools should create a zero tolerance policy for cyberbullying;
- Start a mentoring program that includes parents, teachers, and students;
- Develop school-wide anti-bullying curriculum;
- Have students and parents sign electronic agreements which include cyberbullying policies; and
- Have counselors readily available for victims of cyberbullying.