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Topic: Bullying in Public Schools

Audience: Texas Professional School Counselors

Professional Perspective: As a current high school teacher in a Texas public school, I consistently witness bullying episodes. Many times, students are unsure what bullying is or downplay it as "joking around." This culture creates ethical dilemmas for staff on campus. As a future school counselor, researching the laws and policies in place at multiple levels would provide me with data-based clarification on this issue. In my upcoming role, I will be able to share information with staff members to help foster a positive school culture that is conducive to learning.

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U.S. Department of Education

The U.S. Department of Education is the governing agency at the federal level.

This agency is responsible for enforcing laws to protect students from harassment.

Texas Education Agency

The Texas Education Agency (TEA) is the state-level governing agency responsible for public schools in Texas.

TEA creates and enforces regulations for Texas public schools, including guidelines related to bullying, student conduct, and guidance counseling.

Local Education Agencies

The local school board is the governing agency at the local level.

The school board is responsible for ensuring that schools in the district adopt and implement policies, including those on harassment and bullying, that are required at both the federal and state levels.

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Slide #3: Federal & State Constitutional Laws

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Slide #3: Federal & State Constitutional Laws

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Federal Law: Title VI of the Civil Rights Act of 1964

Link: https://www.archives.gov/milestone-documents/civil-rights-act

Works to prevent discrimination based on race, color, religion, or national origin in public places, including public schools.

If a school receives federal funding, it must comply with Title VI.

Complaints can be filed with the U.S. Department of Education's Office for Civil Rights.

(Civil Rights Act of 1964, 1964)

State Law: Senate Bill 179: David's Law

Link: https://www.capitol.state.tx.us/tlodocs/85r/billtext/pdf/sb00179f.pdf

Defines bullying as a single act, or a pattern of acts, through written, verbal, physical, or electronic means that creates an imbalance of power.

Schools can act upon incidents of cyberbullying that occur off-campus if they interfere with the student's education.

Schools must provide a way for students to report incidents of bullying.

Schools must include policies about bullying and cyberbullying in their policies.

(Texas Legislature, 2017)

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Statute: Texas Education Code § 37.0832

Link: https://statutes.capitol.texas.gov/docs/ed/htm/ed.37.htm

Defines bullying as either a single act or a pattern of acts that creates an imbalance of power through written, verbal, physical, or electronic means. This act or acts can either physically harm the student, damage his/her property, cause fear of harm, or disrupt his/her learning environment.

Bullying can occur either on or off school property.

The board of trustees must adopt a policy that prohibits, prevents, and mediates bullying incidents.

The board of trustees must also adopt a policy for providing notice of bullying incident(s) to the alleged victim's parents.

Procedures should be in place for students to report incidents of bullying.

Prohibits disciplinary measures on students who are victims of bullying incidents if the student used reasonable self-defense.

(Tex. Educ. Code § 37.0832)

Administrative Law: Texas Administrative Code § 120

Link: https://tea.texas.gov/about-tea/laws-and-rules/sboe-rules-tac/sboe-tac-currently-in-effect/ch120a.pdf

Requires Texas schools to implement a curriculum of instruction geared towards the character traits of trustworthiness, responsibility, caring, and citizenship.

The curriculum shall be implemented across all grade levels, from K to 12.

Students are expected to develop a sense of self-identity and understand and respect different perspectives and biases.

(Tex. Admin. Code § 120)

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Case Law: Davis v. Monroe County Board of Education

Link: https://www.law.cornell.edu/supct/pdf/97-843P.ZS

A suit was filed against the respondents, a county school board and its officials.

LaShonda was sexually harassed by a fifth-grade classmate at a public elementary school.

The harassment created an environment unconducive to learning.

The school officials failed to take the necessary steps to prevent the harassment.

The court ruled that the school was held liable under Title IX because the harassment was severe enough to deny the victim access to education, and the school had knowledge of the harassment but failed to take action.

(Davis v. Monroe County Board of Education, 1999)

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Federal Regulation: Title IX of the Education Amendments of 1972

Link: https://www.justice.gov/crt/title-ix-education-amendments-1972

Any institution receiving federal funds, including public schools, shall not discriminate based on sex.

Equal opportunities shall be provided in all areas of education.

The U.S. Department of Education's Office for Civil Rights is responsible for enforcement.

(Title IX of the Education Amendments of 1972, 2018)

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Slide #7: Local Administrative Law/Policy/Rule

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Slide #7: Local Administrative Law/Policy/Rule

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Local Administrative Law: Carrizo Springs CISD Board Policy- Student Welfare: Freedom from Bullying

Link: https://pol.tasb.org/PolicyOnline/PolicyDetails?key=404&code=FFI#localTabContent

The District prohibits bullying, including cyberbullying, as defined by state law.

Reports of bullying should be made promptly so that the District can conduct a thorough investigation.

The principal or designee shall notify the alleged victim of bullying, investigate the report, prepare a final report to be sent to the Superintendent, notify the parents of both parties, and take appropriate disciplinary action.

Counseling options will be made available.

(Carrizo Springs CISD, 2023)

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Risk Management Strategy #1: Assess the Bullying

Schools can create an anonymous survey for students and staff to gather information about the frequency, types of bullying behavior, and locations where bullying occurs.

Gaining information about bullying that occurs on campus can help in developing effective intervention and prevention plans.

Risk Management Strategy #2: Set Policies

School policies about bullying should be established and implemented. The expectations and consequences should be clear.

Teachers and staff should be trained on these policies and provided with the necessary tools to effectively respond to bullying.

Risk Management Strategy #3: Implement Social and Emotional Learning

Implementing a curriculum that teaches students about managing emotions, setting goals, empathy, positive relationships, and making responsible decisions can help mitigate bullying in schools.

Applying these skills is a crucial part of a social and emotional learning curriculum.

(Schoolsafety.gov, n.d.)

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ASCA Ethical Standards for School Counselors: A.11. Bullying, Harassment, Discrimination, Bias, and Hate Incidents

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

A.11.B: School counselors should advocate for schoolwide policies, protocols, and training for response to bullying, harassment, and bias incidents centered on safety, belonging, and justice (American School Counselor Association, 2022).

School counselors should lead by example when it comes to preventing bullying. By advocating for strong policies and schools that promote a positive environment, staff and students will be more likely to see the negative impact of bullying. This, in turn, can increase reporting and reduce bullying incidents.

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Working in a Texas public school for 15 years has shown me the ins and outs of a school system, including the very real presence of bullying and harassment. Learning about the laws at the federal, state, and local levels, such as Title IX, David's Law, Texas Administrative Code, Texas Education Code, and school board policies, has shown me that bullying is clearly defined, and the policies that have been put into place should take priority in a school system. Abiding by these laws and regulations should help in the prevention of bullying and allow all students to have access to a learning system free from fear, hate, and any negative feelings.

As a future school counselor, it is part of my responsibility to educate others on the laws meant to prevent bullying and harassment and promote a positive and safe school environment. I also recognize the importance of utilizing my skills to implement social and emotional learning and trauma-informed practices, which help students navigate episodes of bullying. Knowing the laws and policies will help me make ethically sound decisions when promoting a legally compliant and bully-free school.

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Best practices for school counselors to prevent bullying and harassment include:

1. Develop and present information to staff and students about the definitions of bullying and harassment, as well as federal, state, and local laws related to these issues.

2. Promote social and emotional learning throughout the school year.

3. Have a clear system for students and staff to report incidents of bullying and harassment.

4. Initiate school-wide surveys to analyze how and where bullying is taking place on campus.

5. Invite students, parents, and staff members to share input on how to mitigate bullying.

6. Implement counseling practices for both victims and aggressors of bullying and harassment.

7. Promote a positive school climate that fosters learning and promotes feelings of safety.

8. Stay updated on laws and regulations related to bullying and harassment.

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2 Texas Education Code § 37.0832

19 Texas Administrative Code § 120

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

Carrizo Springs CISD. (2023). Board policy manual-Student welfare: Freedom from bullying. TASB Policy Online. https://pol.tasb.org/PolicyOnline/PolicyDetails?key=404&code=FFI#localTabContent

Davis v. Monroe County Board of Education, 526 U.S. 629 (1999). https://www.law.cornell.edu/supct/pdf/97-843P.ZS

Schoolsafety.gov. (n.d.). Bullying prevention strategies and resources for K-12 schools. https://www.schoolsafety.gov/sites/default/files/2023-03/Bullying%20Prevention%20Strategies%20and%20Resources.pdf

Texas Legislature. (2017). Senate Bill 179: David's Law. https://www.capitol.state.tx.us/tlodocs/85r/billtext/pdf/sb00179f.pdf

Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq. (1964).

Title IX of the Education Amendments Act of 1972, 20 U.S.C. § 1681-1688 (2018).