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1. Professional Perspective, Audience, and Topic

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1. Professional Perspective, Audience, and Topic

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Providing a safe environment for all students is paramount in order to support academic success and ensure healthy social-emotional development. As an elementary school counselor, I am responsible for supporting, informing, and collaborating with stakeholders in order to create a safe school and positive environment for learning.

This legal guide focuses on cyberbullying and is designed for teachers working with students in third, fourth, and fifth grades.

Cyberbullying is on the rise and becoming an invasive issue impacting students' well-being, educational opportunities, and experiences. Due to children receiving greater access to technological devices, educators must be aware of the reality of cyberbullying, as well as the legal implications and requirements. The greater the knowledge educators and stakeholders possess, the greater chance we have to prevent cyberbullying from permeating the walls of our educational environments.

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Cyberbullying has not been a pressing issue for elementary schools in the past, yet a rise in these types of incidents is ocurring across campuses. All children have a right to an education which is free from threats, intimidation, harassment, and bullying. A safe environment which supports a child's academic success, as well as mental health, is not only an idea, it is the law. Informing educators and stakeholders regarding revisions to current state or local policies is important in order to be in compliance with the law (J. Grape, personal communication, February 23, 2020)

Three best practices to deal with cyberbullying include:
* Providing informational meetings regarding the legal aspects of cyberbullying to school personnel as well as parents.
* Providing ongoing training for teachers and parents regarding the affects of cyberbullying and how to recognize the "red flags".
* Increasing awareness of students concerning cyberbullying through classroom curriculum.
(J. Grape, personal communication, February 23, 2020).

Social media is becoming the chosen method for cyberbullies. Snapchat, for example, instantly "deletes" posts which offers a false sense of security to cyberbullies about being caught. Tik Tok is another preferred social media app for cyberbullying because it encourages a "gang" type of harassment by allowing for comments. Although students may use these apps off campus, the consequential effects are brought into school and disrupt a victim's educational experience. As a result, the perpetrator(s) is/are able to face disciplinary action based on district policy. Teachers must increase vigilance regarding the use of cell phones and devices in class (J. Grape, personal communication, February 23, 2020).

Interviewee: Jennifer Grape, Assistant Principal (current) and former behavior interventioinist, M. Robinson Elementary School (Cypress Fairbanks Independent School District)
https://mrobinson.cfisd.net/en

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Cyberbullying is an invasive issue, and all stakeholders need to be informed of the current trends and legal implications of such behavior. Detailed explanations regarding this unique type of bullying, its impact on students, and legal implications are discussed. In addition, suggestions for interventions and strategies are offered.

School Counselors and the Cyberbully: Interventions and...(n.d.). Retrieved     from https://www.schoolcounselor.org/asca/media/asca/home/School-Counselors-and-the-Cyberbully-ChibbaroVol11No1.pdf

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* Repeated incidents of cyberbullying increased by more than 3% between 2015 and 2017.
* Schools are required to stay in compliance with current state and federal laws regarding cyberbullying and are required to submit school data regarding reports of cyberbullying.
*Schools must remain informed and up to date regarding federal, state and local policies.
* Schools should provide deliberate instruction for students regarding the effects of cyberbullying as well as ways to report it.
* A safe and positive school climate is imperative in order to battle cyberbullying.

Rosa, S.D.L. (2019). Cyberbullying growing despite efforts to curb it. Retrieved from https://www.educationdive.com/news/cyberbullying-growing-despite-efforts-to-curb-it/559203/

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* Children have a legal right to receive an education in a safe environment, both physically and emotionally.
* Federally funded schools are legally responsible for dealing with issues involving cyberbullying.
* Schools are legally required to investigate all reports of cyberbullying thoroughly and in a timely manner.
* Schools must report all incidents to the appropriate local, state, and federal agencies.
* Stakeholders must be aware of the possible legal ramifications if compliance is not maintained.

Harper, A. (2018). How are school districts legally responsible for bullying? Retrieved from https://www.educationdive.com/news/how-are-school-districts-legally-responsible-for-bullying/538619/

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* District prohibits bullying (hazing, intimidating, name calling, rumor spreading) including cyberbullying (conduct expressed through electronic methods)
* Reports of cyberbullying must be reported as soon as possible after alleged act or knowledge of act.
* Any student who believes he/she is a victim of cyberbullying should report incident to a teacher, counselor, or principal.
* Any district employee who suspects cyberbullying must report it to the principal or campus designee.
* Reports may be made in writing or through the district tipline.
* Failure to report may impair the district's investigation.

Cypress Fairbanks Independent School District. (2019). Student Code of Conduct, Bullying/Cyberbullying CC-10. Retrieved from https://www.cfisd.net/en/parents-students/academics/student-code-conduct-handbook

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* Gives school districts authority to expel a student or implement other disciplinary actions connected to cyberbullying.
* Districts have the power to impose disciplinary action on conduct ocurring off school property or outside of school and interfering with a student's educational oppportunities.

https://statutes.capitol.texas.gov/StatutesByDate.aspx?code=ED&level=SE&value=37.0832&date=7/18/2015

Education, Tex. Educ. Code § 37.0832

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* No state shall pass a law which compromises the privileges of U.S. citizens, including access to free education.
* No state shall deny a person (student) an educational experience free from physical or mental harm.

https://www.archives.gov/founding-docs/amendments-11-27

U.S. Const. Amend. XIV

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CFISD's Bullying Prevention Policies and Procedures state the definition of bullying and describe the demonstrative conduct of such behavior. The policy also states the district's legal requirements and responsibilities when dealing with bullying/cyberbullying.

Cypress-Fairbanks ISD (2018). Student Welfare: Freedom from Bullying (Report 101907). Retrieved from https://pol.tasb.org/Policy/Download/587?filename=FFI(LOCAL).pdf

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According to A.11 of the ASCA Ethical Standards for School Counselors (2016), school counselors "are knowledgeable about current state laws and their school system's procedures for reporting child abuse and neglect and methods to advocate for students' physical and emotional safety" (p.5)

Due to the rise in cyberbullying incidents, the necessity for counselors to be knowledgeable regarding laws and policies is vital. In addition, providing information about cyberbullying and the various laws and policies, equips all stakeholders with the knowledge to ensure academic and social-emotional success for all students.

ASCA Ethical Standards for School Counselors. (n.d.). Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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* Berkley County School's decision to suspend a student for cyberbullying was permissible.
* A student created a webpage targeting a classmate and invited others to participate in the damaging and hateful conduct.
* The victim was denied an educational experience free from intimidation and mental harm.
* The school experienced a disruption in its normal operational procedures.

http://caselaw.findlaw.com/us-4th-circuit/1575495.html

Kowalski v. Berkley County Schools, 652 F.3d 565 (4th Cir. 2011).

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Descriptions regarding the nature of cyberbullying, warning signs, and the impacts on students' academic success is described. The legal aspects and roles and responsibilities of the teacher regarding cyberbullying is also discussed. Most importantly, suggested interventions and resources are offered in order to address cyberbullying in the classroom.

Teachers' Essential Guide to Cyberbullying Prevention. (2020). Retrieved from https://www.commonsense.org/education/articles/teachers-essential-guide-to-cyberbullying-prevention

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* Conduct weekly class meetings to address concerns and reinforce expectations and rules regarding conduct such as cyberbullying.
* Establish a school climate based on respect and safety for everyone by sending a clear message concerning cyberbullying and the consequences of such actions.
* Conduct guidance lessons about empathy and the positive treatment of others.
* Teach students how to recognize the signs of cyberbullying and how to report an incident.
* Teach students how to advocate for themselves and for others who are being cyberbullied.
* Provide resources to teachers and parents regarding cyberbullying and how to prevent it.
* Establish an open line of communication between the school and home concerning cyberbullying including the district's and state's policies.