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I am a K-12 school counselor, focused on the elementary school grades. This guide addresses the counselor's role in preventing, redirecting, and resolving situations that involve bullying. Counselors are responsible for advocating for prevention programs, restorative policies, and guiding students in learning conflict resolution and communication skills. While counselors should understand all policies and consequences and have a role in identification and reporting of bullying, the counselors role should not be to administer consequences or punishments.

According to StopBullying.gov, 19% of students ages 12-18 report they have experienced bullying, and 15% report they have experienced cyberbullying (U.S. Department of Health and Human Services, 2023). These statistics indicate that bullying is prevalent and occurs both on campus and off campus through technology.

I chose this issue due to my expectation that I will encounter this issue and my understanding that educating students about bullying is an effective preventative approach. Reflecting on laws and news stories related to bullying events, gives insight on how to incorporate professional standards in developing prevention goals and programs.

U.S. Department of Health and Human Services. (2023, July 17). Facts about bullying. Stopbullying. https://www.stopbullying.gov/resources/facts#_Fast_Facts

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This section pulls together fundamental information about bullying, including:

Definition of Bullying

In 2014, the Centers for Disease Control and Department of Education released the first federal definition of bullying. The definition includes three core elements:

unwanted aggressive behavior

observed or perceived power imbalance

repetition or high likelihood of repetition of bullying behaviors

This definition helps determine whether an incident is bullying or another type of aggressive behavior or both.

Research on Bullying

Bullying prevention is a growing research field that investigates the complexities and consequences of bullying. Important areas for more research include:

Prevalence of bullying in schools

Prevalence of cyberbullying in online spaces

How bullying affects people

Risk factors for people who are bullied, people who bully others, or both

How to prevent bullying

How media and media coverage affects bullying

What We've Learned about Bullying

Bullying affects all youth, including those who are bullied, those who bully others, and those who witness bullying. The effects of bullying may continue into adulthood.

There is not a single profile of a young person involved in bullying. Youth who bully can be either well connected socially or marginalized, and may be bullied by others as well. Similarly, those who are bullied sometimes bully others.

Solutions to bullying are not simple. Bullying prevention approaches that show the most promise confront the problem from many angles. They involve the entire school community-students, families, administrators, teachers, and staff such as bus drivers, nurses, cafeteria and front office staff-in creating a culture of respect. Zero tolerance and expulsion are not effective approaches.

Bystanders, or those who see bullying, can make a huge difference when they intervene on behalf of someone being bullied.

Studies also have shown that adults can help prevent bullying by talking to children about bullying, encouraging them to do what they love, modeling kindness and respect, and seeking help.

Bullying Statistics

Here are federal statistics about bullying in the United States. Data sources include the Indicators of School Crime and Safety: 2019 (National Center for Education Statistics and Bureau of Justice) and the 2017 Youth Risk Behavior Surveillance System (Centers for Disease Control and Prevention).

How Common Is Bullying

About 20% of students ages 12-18 experienced bullying nationwide.

Students ages 12-18 who reported being bullied said they thought those who bullied them:

Had the ability to influence other students' perception of them (56%).

Had more social influence (50%).

Were physically stronger or larger (40%).

Had more money (31%).

Bullying in Schools

Nationwide, 19% of students in grades 9-12 report being bullied on school property in the 12 months prior to the survey.

The following percentages of students ages 12-18 had experienced bullying in various places at school:

Hallway or stairwell (43.4%)

Classroom (42.1%)

Cafeteria (26.8%)

Outside on school grounds (21.9%)

Online or text (15.3%)

Bathroom or locker room (12.1%)

Somewhere else in the school building (2.1%)

Approximately 46% of students ages 12-18 who were bullied during the school year notified an adult at school about the bullying.

Cyberbullying

Among students ages 12-18 who reported being bullied at school during the school year, 15 % were bullied online or by text.

An estimated 14.9% of high school students were electronically bullied in the 12 months prior to the survey.

Types of Bullying

Students ages 12-18 experienced various types of bullying, including:

Being the subject of rumors or lies (13.4%)

Being made fun of, called names, or insulted (13.0%)

Pushed, shoved, tripped, or spit on (5.3%)

Leaving out/exclusion (5.2%)

Threatened with harm (3.9%)

Others tried to make them do things they did not want to do (1.9%)

Property was destroyed on purpose (1.4%)

State and Local Statistics

Follow these links for state and local figures on the following topics:

International Statistics

According to the UNESCO Institute of Statistics:

One third of the globe's youth is bullied; this ranges from as low as 7% in Tajikistan to 74% in Samoa.

Low socioeconomic status is a main factor in youth bullying within wealthy countries.

Immigrant-born youth in wealthy countries are more likely to be bullied than locally-born youth.

Bullying and Suicide

The relationship between bullying and suicide is complex. The media should avoid oversimplifying these issues and insinuating or directly stating that bullying can cause suicide. The facts tell a different story. It is not accurate and potentially dangerous to present bullying as the "cause" or "reason" for a suicide, or to suggest that suicide is a natural response to bullying.

Research indicates that persistent bullying can lead to or worsen feelings of isolation, rejection, exclusion, and despair, as well as depression and anxiety, which can contribute to suicidal behavior.

The vast majority of young people who are bullied do not become suicidal.

Most young people who die by suicide have multiple risk factors.

For more information on the relationship between bullying and suicide, read "The Relationship Between Bullying and Suicide: What We Know and What it Means for Schools" from the CDC.

Anti-Bullying Laws

All states have anti-bullying legislation. When bullying is also harassment and happens in the school context, schools have a legal obligation to respond to it according to federal laws.

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This section pulls together fundamental information about bullying, including: In 2014, the Centers for Disease Control and Department of Education released the first federal definition of bullying. The definition includes three core elements: unwanted aggressive behavior observed or perceived power imbalance repetition or high likelihood of repetition of bullying behaviors This definition helps determine whether an incident is bullying or another type of aggressive behavior or both.

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Impact:
Understanding laws related to bullying is important when educating students, working with families, and advocating for programs and policies. Additionally, as counselors are often in contact with families involved in bullying incidents, understanding the legal ramifications of bullying is important to mitigating non-compliance with procedures. Issues related to confidentiality may be tied to bullying, therefore a counselor must recognize when to break confidentiality, due to potential harm or illegal acts.  Counselors must also refer to professional standards and prevent role confusion in bullying situations, recognizing that the counselors role is different that an administrator.

Emerging Issues:
Cyberbullying is becoming a common way for children to bully each other and can easily occur without an adult knowing. The increased use of social platforms by children creates new avenues for potentially negative interactions. YouTube, Snapchat and TikTok are common apps that children interact on and the increased use of technology due to COVID-19 has continued.  Schools, parents, and students must continue to adapt to the increased use of technology in and out of the classroom, and find ways to monitor technology while teaching students how to communicate using technology in a positive, productive way.

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Summary: School counselors foster a safe, supportive learning environment my teaching students skills that prevent the onset of bullying. Counselors understand that bullying should not be addressed after it has occurred, but can be prevented by teaching students applicable skills, such as communication and conflict resolution. Further, counselors advocate for equitable and inclusive policies, programs, and procedures that support development in areas of growth for staff, students, and community.

American School Counselor Association. (2022). The school counselor and bullying/harassment prevention and the promotion of safe schools. Schoolcounsleor. https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-the-Promotion-of-Safe-Sch

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The School Counselor and Bullying/Harassment Prevention and the Promotion of Safe Schools

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School counselors understand the positive effects of a safe and caring school environment. Through participation in prevention programs and activities aimed at anti-bullying, anti-harassment and violence prevention, school counselors foster opportunities for students to learn communication, problem solving and conflict resolution skills that help them achieve their goals and establish successful relationships.

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Summary: A 12 year old student committed suicide following repeated bullying and cyber bullying. The bullying had been reported to administration, however no action was taken and the primary perpetrator was not removed from class or school.

This articles emphasizes the impact of bullying on a student's mental health and potential harm from inaction.

The lack of action on the part of the school shows the need for specific school administrative law school policies and procedures related to reporting and consequences.

Tsujimoto, B. (2023, Jun 21). Family demands change in Buffalo Schools after a 12-year-old, bullied relentlessly, dies by suicide. Buffalonews. https://buffalonews.com/news/local/education/buffalo-schools-bullying-death/article_7b8de5ee-0ef6-11ee-889f-e75db3ae90da.html

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In the face of a language barrier and immense grief, Blanca Martinez refuses to be silent.

The Puerto Rican grandmother and her partner, Jesus Rivera, lost their 12-year-old grandson, Dariel Rivera Reyes, May 17 to suicide.

The grandparents said their grandson, for whom they were primary caretakers, died after relentless bullying by a fellow sixth-grader at Martin Luther King Jr. School 48.

"I want to raise my voice so that no other child or family will have to go through this again," Martinez told The Buffalo News through an interpreter.

The grandparents have struggled to make their message public because they speak only Spanish, she said.

Martinez described Dariel as "healthy, active, amazing and creative."

"He was a good boy," she said, noting his charisma and "infectious smile."

Three teachers at the school, who spoke to The Buffalo News on condition of anonymity due to the sensitive situation and fear of retaliation, investigated the events that preceded Dariel's suicide, reviewed incident reports - some of which they filled out themselves - as well as the offending student's disciplinary record before he was removed from school. They independently verified the grandparents' account and added further details of four months of bullying Dariel experienced.

The bigger picture is a system that failed Dariel, the teachers believe. They pointed to several missteps.

A former school principal, removed from her position midyear due to an investigation over a different incident, failed to act on incident reports from teachers of bullying done by the offending student. The student was suspended and returned with minimal effort to identify a root problem or reintegrate the student into the classroom, the teachers said, adding that early in the year, student support staff - critical resources for students' social and emotional needs - were pulled from their roles to serve as substitute teachers.

"When behaviors happened, there was no one to call," a teacher said. Iris Randle, acting principal beginning in February, ensured student support staff could perform their regular duties, teachers said, but a culture of bullying and fear had been established long before her appointment.

After Dariel died, district leaders visited the grandparents and School 48 and offered support from Crisis Services to Dariel's classmates. The district provided counselors at the school for a few days, but they had limited availability, leaving in late morning or at noon, a teacher said.

Teachers struggling with trauma from the incident were urged to return to work, while no member of the administration met with students or conveyed messages to students about bullying or suicide.

District leaders have done little to alleviate the family's grief, Martinez said.

"There has been nothing done - she has not communicated anything, hasn't informed me of other actions," she said of Buffalo School Superintendent Tonja M. Williams. "She just sat there in my house and watched us cry. But nothing was offered, nothing beyond one visit."

A GoFundMe effort helped Martinez and Rivera afford a funeral in Buffalo and burial in Puerto Rico. About $8,500 was raised over about a week, and more than 100 people - from teachers to community leaders - attended the funeral.

"There was a lot of love," Martinez said. "Teachers - everyone felt it. Everyone felt what we felt."

When Dariel died by suicide at his grandparents' apartment, the offending student - who is not being identified by The Buffalo News because of his age - had an infraction record seven pages long with multiple severe offenses, the teachers said. The student now faces disciplinary action from the district and has been barred from school.

That brings little solace to the grandparents, who were not informed.

"The most difficult part of it is knowing that this could have been avoided," Martinez said.

Buffalo Schools administration alerted parents and caregivers at School 48 the day after Dariel's suicide that a student had died. About a week later, staff districtwide got an email about the death, with information about school resources and the three-digit 988 National Suicide Prevention Lifeline, a district spokesperson said.

"No one should ever have to endure the grief and pain caused by the senseless death of a child," Williams said in a statement. "The unfortunate death of a School 48 at MLK student has left us with a heavy heart, and on behalf of our entire Buffalo Public Schools community, I extend my deepest condolences to the family, friends, classmates and teachers of this student.

"As we expected a variety of reactions to this loss," the superintendent said, "our Crisis Prevention and Response and Student Supports Teams were immediately present at School 48 to provide counseling and emotional support to any students or staff that have been grieving or experiencing trauma because of this tragedy."

Buffalo Schools features resources prominently on its website for preventing and responding to bullying. A "bullying FAQ" is available in five languages, a link connects to a bullying-specific incident report form and documents show school-specific contacts.

The grandparents and School 48 teachers described the bully as calculated, controlling and manipulative - with the intensity of his actions increasing as the year progressed.

"If you opposed him, if you didn't do what he commanded you, then you were a target," one teacher said. "And Dariel became a target."

The student's bullying was psychological and physical, the teachers said, and was not limited to Dariel. The bully, described as a ringleader of a group of friends, learned Dariel's schedule and found opportunities outside the classroom - in the hallways, outside the gym and in bathrooms - to threaten, taunt and physically hurt him. The bully and his friends tried to bait Dariel into physical fights while someone recorded the exchange for TikTok.

School 48 is one of several bilingual schools in the district. One teacher said Dariel's bilingual class was targeted and that the bully called its students "the Spanish kids."

Incidents occurred outside of school, as well. The bully, accused of taking a photo of a teacher's emergency contact list for students, showed up on two occasions at Martinez's house, the grandmother said. Bicycles were stolen on one occasion, with a teacher shown a group chat where the bully bragged about the conquest. The bully managed to contact Dariel's family through his grandmother's cellphone - which Dariel used on occasion because he did not have one of his own - leaving angry threats the grandparents could not understand due to the language barrier.

"Dariel, I know he was scared, but he downplayed it because he knew the extent of this child's mind - the evil that was in there," a teacher said. "Dariel was afraid that they would hurt his family. That was his biggest fear."

Martinez and the School 48 teachers said Dariel tried at first to avoid run-ins with the other student instead of speaking up.

"If there was something he couldn't control, he would speak up, and he did speak up," a teacher said.

Martinez said she was summoned to the school for one bullying incident against her grandson.

"The person we spoke with at the school said they would get back to me with a resolution," Martinez said. "The call never came."

Martinez and the teachers said the bullying worsened just before Dariel's suicide. A friend of his described as a protector was involved in a physical altercation the day of the suicide, teachers confirmed.

The grandmother found her grandson unresponsive in the bathroom that Wednesday night. They rushed Dariel to the emergency room, but he could not be resuscitated.

"He felt like he had no other way out," Martinez said.

Dariel's grandparents and School 48 teachers want to see changes that are less about bullying policy and more about implementation. The district claims to be committed to social-emotional learning and behavioral support for students, the teachers said, but the reality is resources are limited, especially for English Language Learners or bilingual students.

"They're not working with the families, the parents, the community and partnerships with organizations," Martinez said. "The connections are not there."

How to discipline students is a focal point, too. The teachers at School 48 were frustrated by the lack of helpful interventions for suspended students as much as they were alarmed that many incident reports were not heeded by administration. They acknowledged students' right to an education, but they also emphasized the right to a safe learning environment.

"For a student to see that the other student continues to be at the school," one teacher said, "the process is like, 'Why should I bother speaking up if nothing is done?'"

Administration was a hurdle rather than a help until Randle arrived, the teachers said. They said Kim Nixon-Williams, the School 48 principal until she was suspended last winter, was hard to access as culture and morale unraveled. Nixon-Williams, who could not be reached for this story, is listed as School 48's contact for bullying reports on Buffalo Schools' website.

"There were signs on her doors that said, 'Do not enter,'" said one of the teachers. "We could not get past unless we caught her in the hallway."

Casimiro Rodriguez, founder of the Hispanic Heritage Council of WNY and a prominent voice in the Hispanic community, attended Dariel's funeral and spoke to the student's grandparents.

"We have to make sure these situations do not develop," Rodriguez said. "This is a community that deserves respect and opportunity. How can we make it better for bilingual and Hispanic kids?"

Rodriguez suggested recruiting more Latino support staff to better connect with the bilingual population and to search for more experts to combat bullying.

"This troubles me," he said. "It's not just about him being Hispanic, but it's our children, the future."
There are many ways to reach out to a trained counselor in times of crisis. Crisis Services of Erie County operates a 24-hour hotline at 716-834-3131. The Niagara County crisis hotline is 716-285-3515. The national Suicide and Crisis Lifeline is 988.
Ben Tsujimoto can be reached at btsujimoto@buffnews.com, at (716) 849-6927 or on Twitter at @Tsuj10.

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Family demands change in Buffalo Schools after a 12-year-old, bullied relentlessly, dies by suicide

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A 12-year-old died by suicide after relentless bullying by a fellow sixth-grader at Buffalo's Martin Luther King Jr. School 48. "I want to raise my voice so that no other child or family will have to go through this again," the boy's grandmother said.

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Summary: A middle school student has reported to his school administration of multiple incidences on the school bus of bullying and harassment. The incidences have included ridicule related to sexuality and identity. Reports to the school, which include video evidence, were investigated and dismissed. The student addressed the school board asking for assistance and have also reached out to the county human services and police.

The article addresses administrative issues related to reporting and addressing of bullying incidences.

As the bullying is related to sexual identity and orientation, the student able to refer to Title IX of the Education Amendments of 1972. Interpretation of this law extended protection of harassment due to sexual orientation and identity (U.S. Department of Education, 2021).

Fox 29. (2023, March 13). Local boy asks school board for help after family claims incessant bullying has gone unaddressed. fox29. https://www.fox29.com/news/local-boy-asks-school-board-for-help-after-family-claims-incessant-bullying-has-gone-unaddressed

U.S. Department of Education. (2021, June 16). U.S. Department of education confirms Title IX protects students from discrimination based on sexual orientation and gender identity. Ed. https://www.ed.gov/news/press-releases/us-department-education-confirms-title-ix-protects-students-discrimination-based-sexual-orientation-and-gender-identity

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A Camden County boy made an emotional plea for help at a recent school board meeting after he and his family claimed constant bullying and torment on the school bus has gone unaddressed.

Ayden, a 12-year-old student at Beck Middle School in Cherry Hill, said the ridicule from students has included questions about his sexuality and gender identity.

"I feel upset, angry, sad," Ayden told FOX 29's Dawn Timmeny.

He claims one of his tormenters lunged at him when he used his cell phone to record the incessant bullying during a bus ride to school.

"I mean, I'm very proud of myself, I think it's very important if any other kids are going through this," Ayden said. "I also hope this ends, like, I don't want to go through this."
MORE LOCAL HEADLINES
Ayden, who is in 6th grade, spoke at a recent school board meeting and detailed the torment that he and his parents claim has since gone unaddressed.

His parents say they reported everything to school administrators and filed a 'Harassment, Intimidation and Bullying' report. They were shocked to receive a letter saying an investigation showed "no violation occurred."

"In my mind, how can you watch this video and no think this kid has been harassed," David Kuzmanich, Ayden's father, said.

Ayden's mother Tina Longo says it's heartbreaking to see her son who she described as "sweet and easy going" being mercilessly bullied for no reason.

"Nobody wants to be treated like this. It's offensive. It's hurtful," Tina said.

The parents have since reached out to Camden County Human Services and Cherry Hill Police.

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Local boy asks school board for help after family claims incessant bullying has gone unaddressed

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A Camden County boy made an emotional plea for help at a recent school board meeting after he and his family claimed constant bullying and torment on the school bus has gone unaddressed.

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#6 Original Source of Law: Statutory Law

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#6 Original Source of Law: Statutory Law

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Summary: One act or repeated acts by one student towards another. One student exerts power over the other through written, verbal, or physical methods, including electronic. Acts harm the student physically, harm their property, or the acts create fear this will happen. This happens to a degree that creates an “intimidating, threatening, or abusive” atmosphere that alters the climate of the classroom and impedes the student's rights. This includes on or off-campus cyber-bulling
using any form of electronic communication. A school board will adopt a policy that addresses prevention and procedures if bullying occurs.

State Statutory Law
David's Law: Bullying Prevention Policies and Procedures, Tex. Educ. Code § 37.0832
https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

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#7 Policy or Rule from a School or Institution - Statutory Law:

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#7 Policy or Rule from a School or Institution - Statutory Law:

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Summary: A person may file a temporary restraining order against a person who is cyberbullying them. If either party is under the age of eighteen, then a parent may file a temporary restraining order or is required to prevent continued cyberbullying. The order may be filed based on a reasonable expectation that cyberbullying will be proven.

State Statutory Law
Relief for Cyberbullying of a Child, Civ. Prac. & Rem. § 129A
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.129A.htm

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#8 Original Sources of Law at Federal or State Level: Federal Statutory Law

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#8 Original Sources of Law at Federal or State Level: Federal Statutory Law

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There are no federal anti-bullying laws. However, federal anti-discrimination laws may apply in cases of bullying. When bullying is tied to discrimination based on race, sexual orientation, religion, or gender it may be considered a civil rights violation concerning this and other civil
rights statutes.

Summary: Any institution that receives public funds may not discriminate based on “race, color, or national origin” according to the Civil Rights Act of 1964.

Federal Statutory Law
Title VI Of The Civil Rights Act Of 1964 42 U.S.C. § 2000d Et Seq. https://www.justice.gov/crt/fcs/TitleVI-Overview

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Title VI, 42 U.S.C. § 2000d et seq., was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. As President John F. Kennedy said in 1963:

Simple justice requires that public funds, to which all taxpayers of all races [colors, and national origins] contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial [color or national origin] discrimination.

If a recipient of federal assistance is found to have discriminated and voluntary compliance cannot be achieved, the federal agency providing the assistance should either initiate fund termination proceedings or refer the matter to the Department of Justice for appropriate legal action. Aggrieved individuals may file administrative complaints with the federal agency that provides funds to a recipient, or the individuals may file suit for appropriate relief in federal court. Title VI itself prohibits intentional discrimination. However, most funding agencies have regulations implementing Title VI that prohibit recipient practices that have the effect of discrimination on the basis of race, color, or national origin.

Statutes and Regulations

Title VI Statute, 42 U.S.C §§ 2000d - 2000d-7 (HTML or PDF)

Department of Justice's Title VI Regulations (28 C.F.R. § 42.101 et seq.) (HTML or PDF)

Department of Justice's Title VI Coordination Regulations (28 C.F.R. § 42.401 et seq.) (HTML or PDF)

Department of Justice's Guidelines for the Enforcement of Title VI (28 C.F.R. § 50.3) (HTML or PDF)

Rulemaking actions to incorporate the Civil Rights Restoration Act's definitions of "program or activity" and "program" into regulations implementing Title VI, Section 504, and the Age Discrimination Act:

Twenty-two agencies' Notice of Proposed Rulemaking, published December 6, 2000 (65 FR 76460) (HTML or PDF)

Twenty-two agencies' Final Rule, published August 26, 2003 (68 FR 51332) (HTML or PDF)

Department of Education's Notice of Proposed Rulemaking (also includes amendments to Title IX regulations), published May 5, 2000 (65 FR 26464) (HTML or PDF)

Department of Education's Final Rule (also includes amendments to Title IX regulations), published November 13, 2000 (65 FR 68049) (HTML orPDF)

Department of Health and Human Services' Notice of Proposed Rulemaking (also includes amendments to Title IX regulations), published October 26, 2000 (65 FR 64194) (HTML or PDF)

Title VI Materials

LEP Materials

Environmental Justice Materials

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Title VI Of The Civil Rights Act Of 1964 42 U.S.C. § 2000d Et Seq.

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Title VI, 42 U.S.C. § 2000d et seq., was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. As President John F.

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#9 Original Sources of Law at Federal or State Level: Judicial Law

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#9 Original Sources of Law at Federal or State Level: Judicial Law

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Summary: A student, Kowalski, created a MySpace page dedicated to ridiculing another student and invited 100 peers to join. Upon discover the victimized student reported the page and Kowalski was suspended for five days and also excluded from school social activities for 90 days. Kowalski then sued the school district claiming she was isolated, depressed, and as a result began to take prescription medication.
Kowalski claimed in her case violations of free speech (1st amendment), due process (14th amendment), equal protection (14th amendment), and cruel and unusual punishment (8th amendment). Additionally she claimed negligence by mental distress. Her claims were rejected and upon appeal the verdict was affirmed.
In the case of free speech, it was determined that though the website was created outside of school, she targeted another student and therefore "her  speech  interfered  with  the work  and  discipline  of  the  school" (Kara Kowalski v. Berkeley County Schools, 2011). This sets the precedent that  speech occurring online outside of school is regulated by the same district policies regarding bullying on camps.
Due process violations were also dismissed due to Kowalski acknowledgement that she received a student handbook which outlines policies and procedures related to bullying and harassment.

Judicial Law:
Kara Kowalski v. Berkeley County Schools, et al. (4th Cir. July 2011)

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Summary: AISD prohibits all forms of bullying, including cyberbullying. It prohibits retaliation for reporting bullying and enforces discipline for false claims. Reports of bullying within a specific time frame are required and follow procedures that include a student report and employee report, either orally or in writing. Students may notify a teacher, counselor, or administrator. If a school employee suspects or is notified of bullying they must report to their administrator. A notification may be oral or written, however if oral the report will be transcribed to a written report by the administrator. Parents must be notified within three days of allegations. The conduct is investigated, defined, and concluded with a report within 10 days. Parents are again contacted. The school district will take action according to the student code of conduct if bullying is confirmed, which may include removal from class, expelling, and alternative education. Counseling will be made available to the victim and they may request a transfer. The matter will be confidential and the perpetrator may file an appeal.

Administrative Law:
Austin Independent School District. (n.d.). Student Success Guide. Austinisd. https://www.austinisd.org/sites/default/files/dept/family-support/Student-Success-Guide-2022-23-Eng..pdf

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A.11. Bullying, Harassment, Discrimination, Bias and Hate Incidents
d. Report all incidents of bullying, dating violence or

harassment to the administration, recognizing these behaviors may fall under Title IX of the Education Amendments of 1972 or other federal and state laws as illegal and require administrator intervention.

This standards explains the ethical and legal obligation of counselors to report bullying to administration. Counselors may be receivers of confidential information, therefore it is important to understand situations where behavior may case foreseeable harm or be illegal and therefore should be shared with administration. Further, a counselors role is not discipline, and inclusion of an administrator prevents role confusion and loss of trust.

American School Counselor Association. (2022). ASCA ethical standards for school counselors. Schoolcounselor. https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

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David's Legacy Foundation is dedicated to education and prevention of cyberbullying, named for a young man who committed suicide after he was cyber bullied. David's Law is legislation passed in his honor that empowers schools to combat cyber bullying through district policies. The website also offers resources for families who's children are experiencing bullying, checklists for schools, legislative updates, and educational opportunities. A counselor can reference this website to learn more about legal issues surrounding bullying and prevention programming.

David's Legacy Foundation. (2021). Davidslegacy. https://www.davidslegacy.org/

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Ryan Gorman hosts an iHeartRadio nationwide special featuring Maurine Molak, Co-Founder of the David's Legacy Foundation. Maurine Molak discusses the loss of her 16-year-old son David to suicide following a continual cyber-bullying attack against him by fellow high school students.

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#13 Bulleted list of Recommendations / Best Practices for Compliance

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#13 Bulleted list of Recommendations / Best Practices for Compliance

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School districts should develop specific policies and procedures for reporting bullying. These guidelines should identify stakeholder responsibilities, definitive timelines, and requirements for documentation.

School districts should identify specific behaviors that may fall under the umbrella of bullying and are therefore prohibited. These behaviors should be included in the Student Handbook and delivered to each student. The handbook prevents claims of due process violations as each student is educated on behavior expectations. The handbook should specifically address behaviors that may be argued to be off campus, such as cyberbullying.

School counselors should collaborate with administration and staff to discuss procedures and signs of bullying during beginning of the year professional development. Staff are more likely to be compliant with procedures if they are clearly explained, therefore mitigating risk.

School counselors should review ethical principals and standards for their profession to ensure they can identify situations that may cause foreseeable harm and create risk of suicide. A counselor should understand the limits of confidentiality in these cases and the legal obligation to report the situation.

The entire staff should understand procedures related to suicide risk. Counselors are campus leaders who should collaborate with administrators to develop these procedures, including parental notification and steps to keep the student safe. The school district should include district wide training each year on identifying students at risk. (Austin ISD does this virtually every year)

Administrative laws (policies and procedures adopted by the school board) should align with the Texas Education Code.

Counselors are advocates, therefore should be aware of current trends and legislative priorities that affect education and counseling profession. Counselors have the ability to influence legislative actions and school board decisions through advocacy.

Counselors should maintain current understanding of news, which provide insight into situations. For example, following a news story about a student who was bullied and self harmed allows a counselor to recognize procedural missteps, legal implications, potential negligence, and court decisions. A counselor can use this information to prevent future risk.