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Audience: School staff (teacher, counselors, and assistants)

Topic: Cyberbullying

Professional Field: School Counseling

Why did I choose this topic?

In my professional opinion, cyberbullying is a prevalent issue facing students in schools, primarily middle and high school. I choose this topic because as a current educator I have seen the grave effects that is has on students. Last year I had a student who was suicidal and would self harm due to cyberbulling, therefore this issue is one that I am passionate about.

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State Agencies: Texas Education Agency & Texas Education Code, and Texas Penal Code

Federal Agencies:

American Counseling Association, and the American School Counselor Association

The Texas Education Agency, American Counseling Association, and the American School Counselor Association are all responsible for ensuring that school counselors adhere to certain standards from preventing cyberbullying to breaching confidentiality in certain circumstances. School counselors are held to a higher standard regarding their absolute duty as a mandated reporter to report suspected child abuse and neglect or if the child is a danger to themselves or others.

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Tex. Educ. Code §37.0832(c): Requires school districts to adopt policies and procedures concerning bullying prevention

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

31 U.S. Code § 6711 - Prohibited discrimination: No person in the United States shall be excluded from participating in, be denied the benefits of, or be subject to discrimination under, a program or activity of a unit of general local government because of race, color, national origin, or sex if the government receives a payment under this chapter.

https://www.law.cornell.edu/uscode/text/31/6711#:~:text=No%20person%20in%20the%20United,a%20payment%20under%20this%20chapter.

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Students are protected under the First Amendment of the constitution when it is related to freedom of speech. This precedent was set by the Supreme Court's decision in the landmark case of Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).

Outcome: The Court held that schools may also regulate speech that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others.” The court established that schools may regulate student speech in 3 circumstances:

(1) indecent, lewd, or vulgar speech on school grounds

(2) speech promoting illicit drug use during a class trip

(3) speech that others may reasonably perceive as “bear[ing] the imprimatur of the school,” such as that appearing in a school-sponsored newspaper.

Cyberbullying is defined by the use of digital devices with the intention to cause harm using words. These words are a form of speech, therefore the First Amendment is taken into account. Due to the precedent set forth by Tinker, cyberbullying would fall under the (1) circumstance.

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TX Penal Code § 42.07 (2023): Texas’s criminal harassment statute can be enforced if cyberbullying violates this penal code

https://statutes.capitol.texas.gov/docs/PE/htm/PE.42.htm

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The American Counseling Association, 2014, Section Reports to Third Parties C.6.b. states:

Counselors are accurate, honest, and objective in reporting their professional activities and judgments to appropriate third parties, including courts, health insurance companies, those who are the recipients of evaluation reports, and others.

Report to administration and/or appropriate authorities (e.g., law enforcement) when a student discloses a perpetrated or a perceived threat to another person’s physical or mental well- being. This threat may include but is not limited to verbal abuse, physical abuse, sexual abuse, dating violence, bullying or harassment. The school counselor follows applicable federal and state laws and school and district policy.

The ACA (2014) Code of Ethics applies to cyberbullying because it gives explicit guidelines to school counselors on how to handle certain situations. In the case of cyberbullying, a school counselor has the legal responsibility to report to administrators and/or appropriate authorities if a student discloses that they intend to harm another student or themselves.

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https://www.counseling.org/docs/default-source/default-document-library/ethics/2014-aca-code-of-ethics.pdf

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Risk management steps that can be taken regarding cyberbullying involve preventive measures. Cyberbullying can have serious consequences for the student involved. To mitigate risks and protect all parties, school districts should implement the following risk management steps:

1. Clear Policies and Procedures: Develop comprehensive policies and procedures that clearly outline the school counselor's obligations regarding how to handle cyberbullying

2. Regular Training: Ongoing training to school counselors/staff on ethical standards, cyberbullying laws, and the importance of protecting student privacy.

3. Response: Develop a clear and concise plan for responding to cyberbullying incidents, including steps to investigate, document, and address the situation.

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One local policy that impacts how cyberbullying is handled at the district level is the Northside ISD Student Code of Conduct. This document is signed by both parents and students upon enrollment to the district from the elementary level through high school. The NISD Student Code of Conduct established the types of bullying (including cyber) and details the steps that will be taken from investigation to consequences. According to Northside Independent School District (2024), if a student is found to be guilty of committing cyber bullying then the following actions will be taken:

“Examples of corrective action may include a training program for the individuals involved in the complaint, a comprehensive education program for the school community, follow-up inquiries to determine if any new incidents or any instances of retaliation have occurred, involving parents and students in efforts to identify problems and improve the school climate, increasing staff monitoring of areas where bullying has occurred, and reaffirming the District’s policy against bullying.”

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https://www.nisd.net/schools/handbooks/code-of-conduct

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State Constitutional Law

TX Penal Code § 42.07 (2023)

Texas’s criminal harassment statute can be enforced if cyberbullying violates this penal code

https://statutes.capitol.texas.gov/StatutesByDate.aspx?code=PE&value=42.07&date=7/18/2015

Federal Constitutional Law

At a federal level, there are no specific laws that cover cyberbullying. Instead, there are broader laws that protect individuals.

U.S. Const. amend. 1: The First Amendment protects the right to freedom of speech and expression. This can be relevant in cases where a student's communication with a school counselor involves expression of beliefs or opinions that might be protected by the First Amendment.

It's important to note that these constitutional laws are general. However, the specific application of these principles will depend on the particular circumstances of each case.

https://constitution.congress.gov/browse/amendment-1/#:~:text=First%20Amendment%20Fundamental%20Freedoms,for%20a%20redress%20of%20grievances

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As a current educator, I have dealt with many incidents of bullying and cyberbullying with my students, therefore this topic is personal to me. As a future school counselor, the topic of cyberbullying is one that I hope to make a big impact on at whichever school I work at. Understanding which policies and laws are in place at all levels from local to state to federal to agency is essential to creating a successful anti-bullying program.

I learned that there are many laws from state to federal to administrative that cover cyberbullying; not always explicitly, but within a broader context.

Laws are created to be broad in order to ensure their adaptability and effectiveness in an ever changing society. As a future school counselor, it is essential that I understand how laws change and how they can be applied to a variety of situations on a variety of levels.

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1. Develop a Comprehensive Policy

Clear Definitions, Consequences, reporting procedure, and investigation process

2. Educate and Train

Students, staff, and parents. Each group should be trained on identifying the signs of bullying, the dangers, and the consequences

3. Implement Technology Tools

Monitoring: Use technology tools to monitor student activity online

4. Investigate and Address Incidents

Prompt investigation, collect evidence, and support the victim

5. Collaborate with Human Resources/appropriate agency

Referral process streamlined with Human Resources

6. Stay Updated on Laws and Regulations

Stay informed about federal and state laws related to cyberbullying