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Slide #1               Professional Perspective   

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Slide #1               Professional Perspective   

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Elementary School Counselors are considered the best advocates for students, therefore it is crucial for school counselors to know and understand the laws, ethics, and implications that correlate with Bullying. It is the responsibility of any individual who works with children, to fulfill the role of a trusted adult and help our students in situations such as Bullying. It is expected for the school counselor to help their school become a bully free zone  through awareness and interventions. The school counselor should be equipped with the most accurate and updated information related to bullying which includes laws and ethics in order to emphasize on the repercussions that come with Bullying.

References
image from:
Scott Ertl. (2013). Simple theme. http://www.elementaryschoolcounselor.org/

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Slide #2                    Summary of Topic             

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Slide #2                    Summary of Topic             

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School-age students are the most prominent to experience being bullied, engaging/participating in a bullying situation, or witnessing it. As adults we would like to think that this eventually goes away, however many repercussions come from such an unpleasant situation. Some include self-esteem, anxiety, decline in academics, and hate crimes among many others. It is of utmost importance to explore the current state of legal and ethical principles related to bullying. "The generally accepted definition describes bullying as a subset of aggression with three components: (a) intent to harm, (b) repetition, and (c) a power imbalance between the bully and the target or victim" (Bauman, 2008, p.2). Throughout this padlet, I will help you understand the laws and ethics that apply to bullying along with articles that help us understand this ongoing dilemma.

References
Bauman, S. (2008). The role of elementary school counselors in reducing school bullying. Elementary School Journal, 108(5), 362–375.

image from:
https://theconversation.com/why-bullying-needs-more-efforts-to-stop-it-58678

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Slide #3               Professional Association        

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Slide #3               Professional Association        

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The American Counseling Association website has a member blog in which school counselors share ideas and open up conversations that are open to suggestions. The blog posted by high school counselor and licensed professional counselor Michael Walters brings awareness to the perceptions toward bullying. He emphasizes on the words from President Barack Obama focusing on the  importance of doing away with "the myth that bullying is just a harmless rite of passage" (Walter, 2011, para. 1).
Walter describes bullying as imbalance of power, intent to cause harm, and repetition (Walter, 2011).  The blog includes a short history about bullying prevention. The notions about bullying prevention are as follows:

1950s-Kids are cruel...that's life; just deal with it (Walter, 2011, para. 3).

1970s-Just build self-esteem…tell them they are nice and they will act that way (Walter, 2011, para. 3).

1980s-  Tell youth bullying is hurtful and it will stop. Tell mistreated youth what they should do (Walter, 2011, para. 3).

1990s- The notion started to make parallels with domestic violence (Walter, 2011, para. 3).

According to Walters (2011, para. 4), bullying may begin with eye rolling, dirty looks, sarcasm, excluding from activities, name calling, rumors, social alienation, gossiping, teasing/harassing, stealing, and intimidation, which then may lead to destruction of property, fighting, threatening with a weapon, and assaulting with a weapon.

Bullying is no longer confined to the playground (Walter, 2011, para. 4). Teenagers can be harassed through almost every social media venue that exists. In fact, digital bullying can contribute to the feeling among many teens that harassment is inescapable Walter, 2011, para.4). Walter, 2011 stated that  in order to dismiss the myth that bullying is a normal rite of passage, school counselors (SCs) are suggested to:
1. SCs can model the behaviors we are trying to teach (Walter, 2011, para. 6).
2. SCs can talk with our teens about what is happening at school and in the community (Walter, 2011, para. 6).
3. SCs can help teens access support from peers and adults (Walter, 2011, para. 6).
4. SCs can help create communities that change cultural norms related to bullying (Walter, 2011, para. 6).
5. SCs can teach teens to be proactive bystanders that prevent bullying (Walter, 2011, para. 6).
6. SCs can provide resources where teens can turn for support, such as:
www.stopbullying.gov (Walter, 2011, para. 6).

References
Walters, M. (2011). American counseling association member blogs. Dispel the Myth: Bullying Is Just a Rite of Passage.

https://www.counseling.org/news/aca-blogs/aca-member-blogs/aca-member-blogs/2011/06/27/dispel-the-myth-bullying-is-just-a-rite-of-passage

image from:
https://d3irk3g7luh32r.cloudfront.net/wp-content/uploads/sites/3/2015/03/professional-society.jpg

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Slide #4                            Current News Article 

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Slide #4                            Current News Article 

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A current article that discusses bullying titled "Are Loneliness and Emotional Intelligence Important Factors for Adolescents? Understanding the Influence of Bullying and Cyberbullying Victimisation on Suicidal Ideation " explains that their studies found some association between bullying and suicide ideation (Quintana-Orts, Rey, & Neto, 2021).
The present study suggests that emotional intelligence (EI) and loneliness are potential intervention targets through findings (Quintana-Orts, Rey, & Neto, 2021). Such findings are congruent with the interpersonal theory of suicide; as a result supporting prior evidence regarding the importance of EI for the prevention of suicide and loneliness in adolescents who have suffered bullying (Quintana-Orts, Rey, & Neto, 2021).

References
Quintana-Orts, C., Rey, L., & Neto, F. (2021). Are Loneliness and Emotional Intelligence Important Factors for Adolescents? Understanding the Influence of Bullying and Cyberbullying Victimisation on Suicidal Ideation. Psychosocial Intervention, 30(2), 67–74. https://doi-org.easydb.angelo.edu/10.5093/pi2020a18

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Slide #5                        Current News Articles

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Slide #5                        Current News Articles

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One article that considers school shootings to be a possible repercussion of bullying; gathered information that confirmed the possibilities. Implications suggest that bullies, through online/cyberbullying have a bigger audience to choose their bullying victims ( Luckett, & Cangemi, 2020, p.373). "According to a report from Secret Service, 71% of school shooters had been bullied"  (Vossekuil et al., 2002, p. 1).   "Some of their experiences included being ostracized, harassed, ridiculed, threatened, or otherwise persecuted by their peers ” (Vossekuil et al., 2002, p. 1).  "Nevertheless, in a number of the incidents of targeted school violence studied, attackers described being bullied in terms that suggested that these experiences approached torment" (Vossekuil et al., 2002,  p.35). It is evident that many factors are likely to contribute to such awful occurrences, however as school counselors and educators, we must be vigilant for signs of low self esteem and bullying. School counselors involved in working with vulnerable students and helping them become equipped with coping skills toward self-esteem, or anger management along with implementing no tolerance for bullying, would definitely help catch warning signs and therefore intervene before it's too late (Luckett, & Cangemi, 2020).

References
Luckett, J. M., & Cangemi, J. P. (2020). Causes of School Shootings: Is There a Single Factor ? College Student Journal, 54(3), 371–375.

Vossekuil , B., Fein, R.A., Reddy, M., Borum, R., & Modzeleski, W.(2002).  The final report and findings of the safe school initiative: implications for prevention of school attacks in the United States. CHAPTER IV- IMPLICATIONS OF INITIATIVE FINDINGS http://pds4.egloos.com/pds/200704/20/40/ssi_final_report.pdf

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Bullying as contributor toward school shootings.PNG

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Slide #6            Constitutional Law   

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Slide #6            Constitutional Law   

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Constitutional Law is a very important source of education law for federal and state levels (Walsh, Maniotis, & Kemerer, 2014). There is no federal law that directly addresses bullying, however there is protection through the Office of Civil Rights (OCR) as it “continues its efforts to protect the rights of students with disabilities through the vigorous enforcement

of Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with

Disabilities Act of 1990 (Title II)”  (Dear Colleague Letter, 2014, p.1).

According to the Department of Justice, at the federal level, if the bullying situation is turned over to law enforcement and is considered a hate crime, which is any crime motivated by bias against race, color, religion, national origin, sexual orientation, gender, gender identity, or disability, this allows for criminal prosecution under hate crime (stopbullying.gov, 2021).

Types of Bullying include:

·         Physical Bullying

·         Verbal Bullying

·         Social Bullying

·         Cyberbullying

References
Lhamon, C. E. (2014, October 21). Dear Colleague Letter. Washington, DC: U.S. Department of Education, Office for Civil Rights. Retrieved from: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-bullying-201410.pdf

Stopbullying.gov (2021, May)

Walsh, J., Maniotis, L., & Kemerer, F. R. (2014). The Educator’s Guide to Texas School Law: Vol. Eighth Edition. University of Texas Press.

image from: https://www.assignmentpoint.com/wp-content/uploads/2015/04/constitutional-law.jpg

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Slide # 7                      Statutory Law

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Slide # 7                      Statutory Law

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Statutory Law is made and passed by legislation. Statutes passed by the Texas legislation which deal directly with education are grouped together into the Texas Education Code (TEC). “TEC is an important source of law because it applies to the daily operation of schools, detailing the responsibilities and duties of the State Board of Education (SBOE), the Texas Education Agency (TEA), school boards, charter schools, and school personnel” (Walsh, Maniotis, & Kemerer, 2014, p.2).
“During the 85th Texas Legislature, Senate Bill 179 - referred to as "David’s Law" was passed and signed into law effective September 1, 2017. The bill amends the Texas Education Code provisions regarding bullying to better define and encompass cyberbullying (David's Law, 2017). It encourages school districts to establish a district-wide policy related to bullying prevention and mediation( David's Law, 2017). It provides for anonymous reporting for students, includes cyberbullying off campus and after school hours, and modifies the parental/guardian notification procedure (TXSSC, 2021). It authorizes school principals to report certain incidents of bullying to local law enforcement, and provides protection from liability for doing so. This law states that the school board shall adopt a policy that includes necessary procedures concerning bullying (Tex. Educ. Code § 37.0832).

References

David's Law, 85th Leg., R. S. § 37.0832 (2017). https://capitol.texas.gov/tlodocs/85R/billtext/pdf/SB00179F.pdf#navpanes=0%2520David's%2520Law%2520One%2520Pager%2520R2.pdf

Student Code of Conduct, Tex. Educ. Code § 37.0832

Texas School Safety Center. (2021). Texas state university: The Rising Star of Texas. https://txssc.txstate.edu/videos/bullying-and-the-law/

Walsh, J., Maniotis, L., & Kemerer, F. R. (2014). The Educator’s Guide to Texas School Law: Vol. Eighth Edition. University of Texas Press.

Image from:
https://www.assignmentpoint.com/wp-content/uploads/2015/08/statutory-law.jpg

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Slide #8           Administrative Law     

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Slide #8           Administrative Law     

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The Administrative Law involves rules, regulations and decisions issued by the administrative body consisting of the implementation of state and federal statutory laws (Walsh, Maniotis, & Kemerer, 2014, p.3).
Bullying victims have  protection through the Office of Civil Rights (OCR) as it “continues its efforts to protect the rights of students with disabilities through the vigorous enforcement

of Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with

Disabilities Act of 1990 (Title II)” (Dear Colleague Letter, 2014).  This law relates to harassment, bullying and cyberbullying of a public school student, a charter school student or a minor and encouraging certain mental health programs for public school students; increasing a criminal penalty, and providing a civil remedy” (TXSSC, 2021, p. 1).

References
Lhamon, C. E. (2014, October 21). Dear Colleague Letter. Washington, DC: U.S. Department of Education, Office for Civil Rights. Retrieved from: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-bullying-201410.pdf

Texas School Safety Center. (2021). Texas state university: The Rising Star of Texas. https://txssc.txstate.edu/videos/bullying-and-the-law/

Walsh, J., Maniotis, L., & Kemerer, F. R. (2014). The Educator’s Guide to Texas School Law: Vol. Eighth Edition. University of Texas Press.

image from :
http://bbd-law.com/wp-content/uploads/2015/06/Comp_71237795.jpg

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Slide #9                       Judicial Law 

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Slide #9                       Judicial Law 

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Judicial Law is composed of state and federal court decisions. The courts do not get involved until all administrative remedies have been used (Walsh, Maniotis, & Kemerer, 2014). Judges feel that it is best to leave educational decisions to be made by educators (Walsh, Maniotis, & Kemerer, 2014). “The U.S. Supreme Court has the authority to decide which cases it will hear” (Walsh, Maniotis, & Kemerer, 2014, p. 7).  “ In (Shore Regional High School Board of Education v. P.S. Forty-one, 2004),  the Third Circuit held that the school district's failure to stop bullying can constitute a denial of a student's right to free appropriate public education (FAPE) under individuals with disabilities education act (IDEA). In this case, a boy had been verbally and physically bullied” (APA, 2016, p.64).

References

American Psychological Association. (2016). Do U.S. laws go far enough to prevent bullying at school? Vol. 74, No. 2.  https://www.apa.org/monitor/2016/02/ce-corner

Shore Regional High School Board of Education v. P.S. Forty-one, 381 F.3d 194 3d Cir. (2004).

Walsh, J., Maniotis, L., & Kemerer, F. R. (2014). The Educator’s Guide to Texas School Law: Vol. Eighth Edition. University of Texas Press.

Image from:
https://www.supremecourt.gov/about/images/2021_Roberts_Court_Formal_131209_Web2.jpg

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Slide #10                         Local Administrative Law/Policy/Rule 

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Slide #10                         Local Administrative Law/Policy/Rule 

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San Felipe Del Rio Consolidated School District (SFDR-CISD) prohibits any type of bullying whether it’s physical, verbal, social or cyberbullying (SFDR-CISD.org, 2015). SFDR-CISD prohibits retaliation by a student or district employee against anyone reporting a case of bullying with good intentions (SFDR-CISD.org, 2015). Disciplinary action as appropriate is subject to be taken against any student that makes false claims, offers false statements or refuses to cooperate with a district investigation involving bullying (SFDR-CISD.org, 2015). In order to comply with state law, SFDR-CISD has an anonymous reporting feature on it's district's home page.

References
San Felipe Del Rio CISD (2015). School board policy. Bullying. Retrieved from www.sfdr-cisd.org.

image from:
https://www.sfdr-cisd.org/media/t2fdw452/board-dais-photo2.png?anchor=center&mode=crop&width=1900&height=700&rnd=132651241345100000

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Slide #11                       Ethical Principle   

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Slide #11                       Ethical Principle   

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The school counselor is expected to "report to the administration all incidents of bullying that fall under Title IX of the Education Amendments of 1972 or other federal and state laws as being illegal and require administrator interventions" (ASCA, 2016, p.5). "School counselors provide services to victims and perpetrator as appropriate, which may include a safety plan and reasonable accommodations such as schedule change, but school counselors defer to administration for all discipline issues for this or any other federal, state or school board violation" (ASCA, 2016, p.5).

References
American School Counselor Association. (2016).  ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

image from:
https://news.utexas.edu/wp-content/uploads/2017/07/ethics_signs.jpg

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Slide #12                               Non-Law Source 

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Slide #12                               Non-Law Source 

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The implementation of a good bully prevention strategy help create a safe school environment for students. This website provides great information regarding the types of bullying, how to identify it, and strategies about how to stand up to bullying. It is crucial for parents, caretakers, school staff and stakeholders to understand what bullying truly means, warning signs of bullying, facts and consequences, how to prevent it and the laws/policies that apply to bullying (stopbullying.gov, 2021). This website has a wealth of information that will help trusted adults become the advocate that victims of bullying need for their safety and protection. It is the duty of anyone who witnesses bullying to report it to the proper authority figures. Such vigilance will help provide everyone on campus with a bully free climate and as a result equip the students/staff with a safe, learning environment.

References
stopbullying.gov https://www.stopbullying.gov/

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Slide #13                    Bulleted list of Recommendations / Best Practices for Compliance            

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Slide #13                    Bulleted list of Recommendations / Best Practices for Compliance            

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Professional School Counselors have the legal and ethical responsibility to take action in the prevention and protection against bullying situations. The following recommendations and practices will ensure compliance.

Knowing and understanding the school counselor's ethical and legal responsibilities toward student safety with focus on bullying situations.

Knowing and understanding the school district's policies/rules in regards to bullying.

Understanding the federal, state, and local laws that apply to bullying situations and student constitutional rights.

Providing awareness  to stakeholders including staff, students and parents/guardians through research based facts about bullying.

Helping stakeholders understand the importance of recognizing the signs of bullying and reporting it in a timely manner.

Helping parents and staff understand the seriousness and repercussions that children face as a result of being a victim of bullying or from participating in a bullying situation.

Please take every report/outcry seriously, it is better to be safe than sorry.

References

https://padlet.pics/1/proxy?url=https%3A%2F%2Ftse2.mm.bing.net%2Fth%3Fid%3DOIP.N6t0GTUB1S19OVr8t_56ugHaHa%26pid%3DApi