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As a graduate student in professional school counseling, I am preparing to support students' academic, social, and emotional development within elementary school settings. The intended audience for this project includes teachers, administrators, school counselors, and families who advocate for the well-being of elementary students. The focus of my guide is "Bullying Prevention and Intervention in Schools." I chose this topic because bullying has a significant impact on students' mental health, sense of safety, and academic achievement. School counselors are positioned to lead prevention efforts, educating staff and families, and implementing interventions that promote a safe, inclusive, and supportive learning environment.

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At the federal level, the U.S. Department of Education's Office for Civil Rights (OCR) oversees how schools address bullying, particularly when it involves discrimination based on race, sex, or disability. The OCR ensures compliance with civil rights laws in education, including Title IX and Section 504. At the state level, the Texas Education Agency (TEA) enforces bullying-related policies under the Texas Education Code S37.0832. These agencies not only mandate legal compliance but also implement accountability measures such as data collection, audits, and complaint investigations. Their oversight illustrates how administrative authority intersects with federal civil rights and constitutional protections for students. School counselors have an ethical responsibility to uphold these protections, as outlined in ASCA Ethical Standards A.3 and A.9, by advocating for safe, inclusive, and equitable learning environments.

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3. Identify the federal and state constitutional laws that align with your topic

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3. Identify the federal and state constitutional laws that align with your topic

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The U.S. Constitution's Fourteenth Amendment guarantees that all students are treated equally under the law and have the right to a safe learning environment. The Due Process and Equal Protection Clauses are particularly relevant in situations where schools fail to address bullying based on protected characteristics such as race, gender, or disability. For example, if a school fails to intervene when a transgender student is targeted, it may be a violation of constitutional protections (U.S. Const. amend. XIV, n.d.). At the state level, the Texas Constitution (Article 7) affirms the right to public education, which implicitly includes the responsibility to provide a safe and supportive learning environment (Texas Constitution art. VII, § 1, n.d.). These constitutional guarantees form the foundation for counselors' ethical obligation to advocate for student safety. According to the ACA Code of Ethics, counselors are required to respect the dignity and promote the welfare of all clients (American Counseling Association, 2014). In practice, this means counselors must actively document their advocacy efforts and support equitable access to education for students who experience bullying.

Federal Constitutional Law

Source of Law: U.S. Constitution, Fourteenth Amendment
In-Text Citation: (U.S. Const. amend. XIV)
Full Text Link: https://constitution.congress.gov/constitution/amendment-14/

Summary of Legal Requirements:

Ensures Equal Protection under the Law: Schools must provide all students with equal protection, regardless of race, gender, disability, or other protected characteristics.

Guarantees Due Process: Students have the right to fair procedures if their rights are at risk of being violated (e.g., suspension without investigation or protection from bullying).

Schools may violate this amendment if they fail to protect students from discriminatory bullying or harassment that creates an unsafe learning environment.

State Constitutional Law – Texas

Source of Law: Texas Constitution, Article 7, Section 1
In-Text Citation: (Tex. Const. art. VII, § 1)
Full Text Link: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm

Summary of Legal Requirements:

Mandates the establishment of free public schools to ensure access to education for all Texas children.

Implies the duty of the state to provide a safe and effective learning environment, which includes protections against bullying and harassment.

Supports school counselors in advocating for a supportive educational climate that promotes student welfare.

Ethical Connection for School Counselors

Source: American Counseling Association (ACA) Code of Ethics, A.1.a.
In-Text Citation: (ACA, 2014)
Full Text Link: https://www.counseling.org/docs/default-source/default-document-library/ethics/2014-aca-code-of-ethics.pdf

Summary of Ethical Responsibilities:

Counselors must respect the dignity and promote the welfare of all students.

They are ethically required to advocate for the safety and rights of students facing discrimination or bullying.

Encouraged to document advocacy efforts and support equitable access to education.

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4. Identify the one statue and one administrative law that align with your topic

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4. Identify the one statue and one administrative law that align with your topic

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State statutes provide essential guidance for how schools must respond to bullying. In Texas, Education Code S37.0832 requires school districts to define bullying, implement prevention programs, and establish clear procedures for reporting and disciplinary actions. For instance, if a student is repeatedly harassed by peers, the school counselors and administrators are legally obligated to initiate an investigation, notify the student's parents or guardians, and take appropriate corrective measures. Failure to follow these procedures can lead to a state audit or formal complaints. Counselors must operate within these legal boundaries while also adhering to professional standards. According to the ASCA Ethical Standards (A.9.b.) school counselors are required to balance legal responsibilities with the ethical duty to maintain student confidentiality and advocate for student well-being. This dual role ensures that counselors function as mandated reporters and trusted student advocates.

Statute: Texas Education Code § 37.0832

Source of Law: Texas Statute
Link: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.0832

Requires school districts to adopt policies on bullying prevention and response.

Defines "bullying" and includes cyberbullying.

Mandates prompt parental notification when bullying occurs.

Requires that schools establish clear procedures for reporting and investigating bullying.

Holds schools accountable for following through with disciplinary actions and interventions.

Administrative Law: Texas Administrative Code, Title 19, § 120.1

Source of Law: Texas Administrative Code
Link: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=120&rl=1

Requires school districts to implement comprehensive, safe, and supportive school programs.

Emphasizes evidence-based practices and staff training.

Focuses on mental health promotion, bullying, and suicide prevention.

Encourages the use of trauma-informed practices in student support services.

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5. Identify the common or case laws that align with your topic

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5. Identify the common or case laws that align with your topic

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Case law plays a critical role in shaping how constitutional and statutory laws are interpreted and applied in real-world educational settings. A seminal case, T.K. v. New York City Department of Education (2011), illustrates this by holding the school district legally liable for failing to address ongoing bullying of a student with a disability. This failure violated the student’s rights under both the Individuals with Disabilities Education Act (IDEA) and the Fourteenth Amendment’s guarantee of equal protection. Similarly, in situations where a school counselor is aware of repeated bullying incidents but does not take appropriate action, their inaction may contribute to the school’s legal liability. This case law underscores the imperative for timely intervention, emphasizing that failure to act can lead to significant legal consequences for educational institutions and cause enduring harm to affected students. In alignment with this, the American Counseling Association (ACA) Code of Ethics (2014), Standard B.2.a., mandates that counselors actively promote the welfare of clients, particularly those who are vulnerable. When counselors observe lapses in legal or ethical responsibilities, they are ethically obligated to advocate for corrective measures, ensuring the safety and rights of students are protected.

Source of Law: Case Law — T.K. v. New York City Department of Education (2011)
In-text Citation: T.K. v. New York City Dep’t of Educ., 779 F. Supp. 2d 289 (S.D.N.Y. 2011)
Link to Full Text: https://www.justice.gov/crt/file/820746/dl

Summary and Legal Requirements:

The court ruled the school district liable for failing to address persistent bullying of a student with a disability.

This failure violated the student’s rights under the Individuals with Disabilities Education Act (IDEA) and the Fourteenth Amendment (Equal Protection Clause).

The case established that schools must take proactive and effective measures to prevent bullying, especially when it affects students protected by disability laws.

Failure to intervene can result in legal liability for the school and potential harm to the student’s educational access and well-being.

School counselors and staff are obligated to act promptly upon knowledge of bullying to protect student rights and prevent harm.

The case reinforces the importance of documenting interventions and collaborating with administrators to ensure compliance with federal disability and constitutional protections.

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6. Identify the federal regulation or mandate that align with your topic

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6. Identify the federal regulation or mandate that align with your topic

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Federal regulations, such as Title lX of the Education Amendments of 1972, prohibit sex -based and harassment bullying in educational settings. Schools that receive federal funding are required to promptly investigate bullying complaints and take appropriate steps to prevent future occurrences. For example, if a female student is bullied with sexist slurs and the school fails to take action, the school could violate Title lX. Counselors play a vital role in identifying harassment and ensuring the school follows mandated procedures. According to the ASCA Code of (A.1.a) Counselors are required to promote equity and access to education, includes reporting and documenting incidents of discriminatory bullying.

Federal Regulation Related to Bullying: Title IX of the Education Amendments of 1972

Source of Law: Federal Regulation — Title IX of the Education Amendments of 1972
In-text Citation: U.S. Department of Justice. (2023). Title IX of the Education Amendments of 1972.
Link to Full Text: https://www.justice.gov/crt/title-ix-education-amendments-1972

Summary and Legal Requirements:

Prohibits discrimination based on sex, including sexual harassment and gender-based bullying, in any education program or activity receiving federal financial assistance.

Requires schools to respond promptly and effectively to known acts of sex-based harassment, including verbal or physical bullying.

Schools must investigate complaints and take immediate steps to stop harassment, prevent its recurrence, and address its effects.

Failure to comply with Title IX can result in the loss of federal funding and legal consequences.

School counselors are mandated reporters and advocates who must ensure incidents are reported, documented, and that victims receive appropriate support and referrals.

Supports the ASCA Ethical Standard (A.1.a), which directs school counselors to promote equity and access to education, particularly by addressing harassment and discrimination.

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TITLE 20 - Education CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS

CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1132f-1, 1232, 3041, 3042 of this title; title 29 sections 206, 1577; title 42 sections 290cc-34, 300w-7, 300x-7, 708, 1988, 2000d-7, 10406.
Back to top of the page Sec. 1681. Sex
(a) Prohibition against discrimination; exceptions

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that:

(1) Classes of educational institutions subject to prohibition

in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education;

(2) Educational institutions commencing planned change in admissions

in regard to admissions to educational institutions, this section shall not apply

(A) for one year from June 23, 1972, nor for six years after June 23, 1972, in the case of an educational institution which has begun the process of changing from being an institution which admits only students of one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education or

(B) for seven years from the date an educational institution begins the process of changing from being an institution which admits only students of only one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education, whichever is the later;

(3) Educational institutions of religious organizations with contrary religious tenets

this section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenets of such organization;

(4) Educational institutions training individuals for military services or merchant marine

this section shall not apply to an educational institution whose primary purpose is the training of individuals for the military services of the United States, or the merchant marine;

(5) Public educational institutions with traditional and continuing admissions policy

in regard to admissions this section shall not apply to any public institution of undergraduate higher education which is an institution that traditionally and continually from its establishment has had a policy of admitting only students of one sex;

(6) Social fraternities or sororities; voluntary youth service organizations

this section shall not apply to membership practices -

(A) of a social fraternity or social sorority which is exempt from taxation under section 501(a) of title 26, the active membership of which consists primarily of students in attendance at an institution of higher education, or

(B) of the Young Men's Christian Association, Young Women's Christian Association, Girl Scouts, Boy Scouts, Camp Fire Girls, and voluntary youth service organizations which are so exempt, the membership of which has traditionally been limited to persons of one sex and principally to persons of less than nineteen years of age;

(7) Boy or Girl conferences

this section shall not apply to -

(A) any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or

(B) any program or activity of any secondary school or educational institution specifically for -

(i) the promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or

(ii) the selection of students to attend any such conference;

(8) Father-son or mother-daughter activities at educational institutions

this section shall not preclude father-son or mother-daughter activities at an educational institution, but if such activities are provided for students of one sex, opportunities for reasonably comparable activities shall be provided for students of the other sex; and

(9) Institution of higher education scholarship awards in "beauty" pageants

this section shall not apply with respect to any scholarship or other financial assistance awarded by an institution of higher education to any individual because such individual has received such award in any pageant in which the attainment of such award is based upon a combination of factors related to the personal appearance, poise, and talent of such individual and in which participation is limited to individuals of one sex only, so long as such pageant is in compliance with other nondiscrimination provisions of Federal law.

(b) Preferential or disparate treatment because of imbalance in participation or receipt of Federal benefits; statistical evidence of imbalance

Nothing contained in subsection (a) of this section shall be interpreted to require any educational institution to grant preferential or disparate treatment to the members of one sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex participating in or receiving the benefits of any federally supported program or activity, in comparison with the total number or percentage of persons of that sex in any community, State, section, or other area: *Provided*, That this subsection shall not be construed to prevent the consideration in any hearing or proceeding under this chapter of statistical evidence tending to show that such an imbalance exists with respect to the participation in, or receipt of the benefits of, any such program or activity by the members of one sex.

(c)"Educational institution" defined

For purposes of this chapter an educational institution means any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education, except that in the case of an educational institution composed of more than one school, college, or department which are administratively separate units, such term means each such school, college, or department.

(Pub. L. 92-318, title IX, Sec. 901, June 23, 1972, 86 Stat. 373; Pub. L. 93-568, Sec. 3(a), Dec. 31, 1974, 88 Stat. 1862; Pub. L. 94-482, title IV, Sec. 412(a), Oct. 12, 1976, 90 Stat. 2234; Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

REFERENCES IN TEXT
This chapter, referred to in subsecs. (b) and (c), was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables.

AMENDMENTS
1986 - Subsec. (a)(6)(A). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text. 1976 - Subsec. (a)(6) to (9). Pub. L. 94-482 substituted "this" for "This" in par. (6) and added pars. (7) to (9). 1974 - Subsec. (a)(6). Pub. L. 93-568 added par. (6). EFFECTIVE DATE OF 1976 AMENDMENT
Section 412(b) of Pub. L. 94-482 provided that: "The amendment made by subsection (a) [amending this section] shall take effect upon the date of enactment of this Act [Oct. 12, 1976]." EFFECTIVE DATE OF 1974 AMENDMENT
Section 3(b) of Pub. L. 93-568 provided that: "The provisions of the amendment made by subsection (a) [amending this section] shall be effective on, and retroactive to, July 1, 1972." SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-259, Sec. 1, Mar. 22, 1988, 102 Stat. 28, provided that: "This Act [enacting sections 1687 and 1688 of this title and section 2000d-4a of Title 42, The Public Health and Welfare, amending sections 706 and 794 of Title 29, Labor, and section 6107 of Title 42, and enacting provisions set out as notes under sections 1687 and 1688 of this title] may be cited as the 'Civil Rights Restoration Act of 1987'." TRANSFER OF FUNCTIONS
"Secretary" substituted for "Commissioner" in subsec. (a)(2) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of Commissioner of Education to the Secretary of Education. COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS
For provisions relating to the coordination of implementation and enforcement of the provisions of this chapter by the Attorney General, see section 1-201(b) of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section 2000d-1 of Title 42, The Public Health and Welfare. REGULATIONS; NATURE OF PARTICULAR SPORTS: INTERCOLLEGIATE ATHLETIC ACTIVITIES
Pub. L. 93-380, title VIII, Sec. 844, Aug. 21, 1974, 88 Stat. 612, provided that the Secretary prepare and publish, not more than 30 days after Aug. 21, 1974, proposed regulations implementing the provisions of this chapter regarding prohibition of sex discrimination in federally assisted programs, including reasonable regulations for intercollegiate athletic activities considering the nature of the particular sports. SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1682, 1687 of this title.
Back to top of the page Sec. 1682. Federal administrative enforcement; report to Congressional committees
Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 1681 of this title with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law: *Provided, however*, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report.

(Pub. L. 92-318, title IX, Sec. 902, June 23, 1972, 86 Stat. 374.) DELEGATION OF FUNCTIONS
Functions of the President relating to approval of rules, regulations, and orders of general applicability under this section, were delegated to the Attorney General, see section 1-102 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section 2000d-1 of Title 42, The Public Health and Welfare. SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1683 of this title.
Back to top of the page Sec. 1683. Judicial review
Any department or agency action taken pursuant to section 1682 of this title shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 1682 of this title, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with chapter 7 of title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of section 701 of that title.

(Pub. L. 92-318, title IX, Sec. 903, June 23, 1972, 86 Stat. 374.) CODIFICATION
"'Section 1682 of this title"', where first appearing, was substituted for "section 1002" as conforming to intent of Congress as Pub. L. 92-318 was enacted without any section 1002 and subsequent text refers to "section 902", codified as "section 1682 of this title".
Back to top of the page Sec. 1684. Blindness or visual impairment; prohibition against discrimination
No person in the United States shall, on the ground of blindness or severely impaired vision, be denied admission in any course of study by a recipient of Federal financial assistance for any education program or activity, but nothing herein shall be construed to require any such institution to provide any special services to such person because of his blindness or visual impairment.

(Pub. L. 92-318, title IX, Sec. 904, June 23, 1972, 86 Stat. 375.)
Back to top of the page Sec. 1685. Authority under other laws unaffected
Nothing in this chapter shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty.

(Pub. L. 92-318, title IX, Sec. 905, June 23, 1972, 86 Stat. 375.) REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables.
Back to top of the page Sec. 1686. Interpretation with respect to living facilities
Notwithstanding anything to the contrary contained in this chapter, nothing contained herein shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes.

(Pub. L. 92-318, title IX, Sec. 907, June 23, 1972, 86 Stat. 375.) REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables. This Act, referred to in text, is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended, known as the Education Amendments of 1972. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
Back to top of the page Sec. 1687. Interpretation of "program or activity"
For the purposes of this subchapter, the term "program or activity" and the term "program" mean all of the operations of -

(1)
(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2)
(A) a college, university, or other postsecondary institution, or a public system of higher education; or

(B) a local educational agency (as defined in section 198(a)(10) of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;

(3)
(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship -

(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3);

any part of which is extended Federal financial assistance, except that such term does not include any operation of an entity which is controlled by a religious organization if the application of section 1681 of this title to such operation would not be consistent with the religious tenets of such organization.

(Pub. L. 92-318, title IX, Sec. 908, as added Pub. L. 100-259, Sec. 3(a), Mar. 22, 1988, 102 Stat. 28.) REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables. FINDINGS OF CONGRESS
Section 2 of Pub. L. 100-259 provided that: "The Congress finds that -
"(1) certain aspects of recent decisions and opinions of the Supreme Court have unduly narrowed or cast doubt upon the broad application of title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], and title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.]; and

"(2) legislative action is necessary to restore the prior consistent and long-standing executive branch interpretation and broad, institution-wide application of those laws as previously administered."
CONSTRUCTION
Section 7 of Pub. L. 100-259 provided that: "Nothing in the amendments made by this Act [see Short Title of 1988 Amendment note under section 1681 of this title] shall be construed to extend the application of the Acts so amended [Education Amendments of 1972, Pub. L. 92-318, see Short Title of 1972 Amendment, set out as a note under section 1001 of this title, Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq., and Civil Rights Act of 1964, 42 U.S.C. 2000a et seq.] to ultimate beneficiaries of Federal financial assistance excluded from coverage before the enactment of this Act [Mar. 22, 1988]." ABORTION NEUTRALITY
This section not to be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal funds to perform or pay for an abortion, see section 8 of Pub. L. 100-259, set out as a note under section 1688 of this title.
Back to top of the page Sec. 1688. Neutrality with respect to abortion
Nothing in this chapter shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Nothing in this section shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion.

(Pub. L. 92-318, title IX, Sec. 909, as added Pub. L. 100-259, Sec. 3(b), Mar. 22, 1988, 102 Stat. 29.) REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 92-318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c-6, 2000c-9, and 2000h-2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Tables. CONSTRUCTION
This section not to be construed to extend application of Education Amendments of 1972, Pub. L. 92-318, to ultimate beneficiaries of Federal financial assistance excluded from coverage before Mar. 22, 1988, see section 7 of Pub. L. 100-259, set out as a note under section 1687 of this title. ABORTION NEUTRALITY
Section 8 of Pub. L. 100-259 provided that: "No provision of this Act or any amendment made by this Act [see Short Title of 1988 Amendment note under section 1681 of this title] shall be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal Funds [sic] to perform or pay for an abortion."

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Title Ix Of The Education Amendments Of 1972

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TITLE 20 - Education CHAPTER 38 - DISCRIMINATION BASED ON SEX OR BLINDNESS CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1132f-1, 1232, 3041, 3042 of this title; title 29 sections 206, 1577; title 42 sections 290cc-34, 300w-7, 300x-7, 708, 1988, 2000d-7, 10406.

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Tyler ISD's FFI (LOCAL) policy outlines the district's commitment to maintaining a learning environment free from bullying and harassment. It defines bullying broadly to include physical, verbal, and written acts in person and electronically. The policy requires school staff to promptly report any suspected bullying using a designated form and mandates that investigations begin quickly within three business days. Parents of involved students must be notified, and counselors are required to help develop support and intervention plans. The policy prohibits retaliation against anyone reporting or participating in a bullying investigation. Disciplinary or corrective action is required when bullying is confirmed. This local rule ensures that Tyler ISD schools respond promptly, fairly, and thoroughly to protect students and uphold a safe and respectful school climate. According to the ASCA Code of Ethics (A.11), counselors must be knowledgeable about school policies and legal mandates to provide appropriate effective support. In practical terms, this means understanding the differences between discipline referrals, counseling referrals, and threat assessments- each of which may be triggered by bullying incidents.

Local Policy/Rule Illustrating Institutional Approach to Bullying Prevention

Source of Law: Tyler Independent School District, Board Policy FFI (LOCAL) – Student Welfare: Freedom from Bullying

In-text Citation: (Tyler ISD, 2024)

Link to Full Text: https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1081&code=FFI#localTabContent

Summary and Legal Requirements:

Defines bullying as repeated, written, verbal, or physical conduct that exploits an imbalance of power.

Includes cyberbullying as part of the definition and scope.

Requires all district employees to report any instance of suspected bullying.

Investigations must begin promptly—typically within 3 business days of a report.

Parents of both the alleged victim and the alleged perpetrator must be notified.

Counselors are mandated to be part of the support plan for students affected.

Requires the use of a district-approved bullying report form.

Retaliation against anyone involved in a bullying report is strictly prohibited.

School administrators must take appropriate disciplinary or corrective action based on findings.

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8. Discuss, in bullet point format, three risk management strategies related to the topic and why it is important

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8. Discuss, in bullet point format, three risk management strategies related to the topic and why it is important

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Provide Annual Staff Training: Schools must conduct comprehensive, annual professional development on bullying recognition, intervention techniques, and mandatory reporting procedures. This training ensures that all staff members are equipped to identify bullying behaviors promptly and respond in a consistent, legally compliant manner.

Implement Anonymous Reporting Systems: Establishing anonymous and accessible mechanisms—such as QR codes linked to secure online reporting forms—reduces barriers for students to report bullying incidents without fear of retaliation or stigma, thereby increasing early identification and intervention opportunities.

Establish Restorative Interventions and Counseling: Schools should develop restorative justice practices and provide counseling services to both victims and perpetrators. These interventions promote emotional healing, behavioral accountability, and reduce the likelihood of repeated incidents, supporting a healthier school climate.

These strategies align with the American School Counselor Association (ASCA) Ethical Standards (2022, A.11), which mandate that school counselors “[advocate] for equitable school policies and practices that address bullying, harassment, and other forms of violence and trauma.” This ethical guideline underscores the counselor’s responsibility to balance advocacy with legal mandates, ensuring interventions are trauma-informed, equitable, and compliant with relevant laws.

Ethical Code Item

ASCA Ethical Standard A.11 – Advocating for equitable school policies and practices that address bullying, harassment, and other forms of violence and trauma.

Source: American School Counselor Association (ASCA) Ethical Standards

In-text Citation: (ASCA, 2022)

Full Text Link:https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

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Ethical Code Item: Advocacy for Student Well-Being and Equity
Citation: American School Counselor Association (ASCA) Ethical Standards, Standard A.1.a, 2022
Link to Code of Ethics: https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

The ASCA Ethical Standards emphasize the critical role of school counselors as advocates for student well-being, safety, and equitable treatment. Standard A.1.a specifically states that counselors must promote the welfare of students by addressing barriers that interfere with academic achievement and healthy development. This ethical mandate aligns closely with bullying prevention, as counselors frequently encounter situations where students experience harassment or exclusion. Similarly, the American Counseling Association (ACA) Code of Ethics (2022), Standard A.4.b, requires counselors to identify and actively address barriers to client success, which can include bullying based on identity factors such as gender, race, or disability.

For example, if a counselor becomes aware that a student is being bullied due to their gender identity, they have an ethical obligation to intervene by reporting the incident, providing support to the student, and advocating for appropriate administrative action. This ethical guidance helps counselors navigate complex situations where legal policies may be insufficient to ensure that student safety and dignity remain a priority.

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10. Personal Connection to the Legal and Ethical Standards

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10. Personal Connection to the Legal and Ethical Standards

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This project has helped me better understand how laws and ethics are connected to my future role as a school counselor. I learned that school counselors are not only here to support students emotionally but also to make sure schools follow legal rules and ethical standards. Now I see that law and ethics work together every day in our work with students.

I feel more confident speaking up when I see students being treated unfairly. Learning these laws and ethics has helped me get closer to my goal of creating a safe and welcoming school for all students. This knowledge has made my educational journey more meaningful and has given me a clear purpose moving forward.

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11. Bulleted list of Recommendations / Best Practices for Compliance:

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11. Bulleted list of Recommendations / Best Practices for Compliance:

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Ensure all staff receive annual bullying prevention and intervention training.

Create anonymous and accessible reporting systems for students.

Document bullying incidents and school responses in detail.

Offer individual and group counseling to students involved in bullying.

Involve parents and guardians in the intervention process.

Review and update anti-bullying policies annually for legal compliance.

Apply restorative practices to reduce repeat offenses and repair harm.

Maintain up-to-date knowledge of constitutional and statutory laws.

Collaborate with Title IX and 504 coordinators to protect vulnerable students.

Empower students to participate in peer support or mentorship programs.