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Merriam-Webster (n.d.) “bullying is defined as abuse and mistreatment of someone vulnerable by someone stronger, more powerful, etc.”

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Department of Education (2014) definition of bullying includes three core elements:

unwanted aggressive behavior

an observed or perceived power imbalance

repetition or high likelihood of repetition of bullying behaviors.

Merriam-Webster (n.d.) defines cyberbullying as “the electronic posting of mean-spirited messages about a person (such as a student) often done anonymously”.

Centers for Disease Control and Prevention (n.d.) reports:

one in five high school students are bullied on school property

one in six electronically in the last year

bullying negatively impacts all youth involved; those who are bullied, those who bully, and those who witness bullying.

I chose this topic because as a school counselor of students from pre-kindergarten to twelfth grade, it is important to stay up to date on the legal background and current legal requirements related to bullying.
Some students, especially in elementary grades, use the bullying term too lightly and others, often in junior high and high school do not report severe bullying.
This legal guide is important for all school counselors to know what legally constitutes bullying, how to handle bullying accusations, and how to pass on this knowledge to all stakeholders.

Centers for Disease Control and Prevention (n.d.). Preventing bullying: How big is the problem? https://www.cdc.gov/violenceprevention/youthviolence/bullyingresearch/fastfact.html

Merriam-Webster. (n.d.). Bullying. In Merriam-Webster.com dictionary. Retrieved September 24,

2021, from https://www.merriam-webster.com/dictionary/bullying

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Bullying impacts the school counseling field in numerous ways.

1. Severe cases of bullying can lead to suicide -counselors and all stakeholders must recognize the signs of bullying early to save lives.

2. School counselors must educate stakeholders in bullying identification and handling so that students are able to focus on learning and not be preoccupied with their safety.

3. If bullying is not stopped it can spread to other students and create a negative learning environment on campus.

4. School counselors must advocate for state and national policies aimed at bullying prevention.

5. Counselors must educate adults who often believe bullying is an unavoidable part of growing up.

Emerging issues related to bullying that educators should watch to see how they play out and impact counselors' work are -

Bully courts. This idea remains controversial, but it has met with success in some progressive schools. Young people are involved in making school rules against bullying and in making judgments about punishment when the rules are broken. For it to work, adults must play an active and guiding role to protect the welfare of all the young people involved.

Mediation. Some schools have introduced schemes where two parties in a relationship problem agree that a third person, who may be either an adult or another young person, helps to negotiate a solution. This seems to be helpful in many situations, especially where there is not too large an imbalance of power between the protagonists.

Peer counseling. A small number of secondary schools have used older teenagers as peer counselors. Good training and continuing support are vital if these young volunteers are to be able to help victims who may be coping with serious emotional and mental distress.

Bullying: What Educators Can Do About It (psu.edu)
7 Ways Schools Can Prevent Bullying | Psychology Today
17 Ways to Prevent Bullying in Your Classroom (verywellfamily.com)
6 Ways Educators Can Prevent Bullying in Schools | Lesley University
5 Ways to Prevent Bullying in Your Classroom | PBS Education

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A non-profit anti-bullying foundation providing direct services, education and support to students, families, and school administrators.
Anti Bullying Services provided-

Advocacy for Bullied Students such as intervention, mediation, therapy, private investigators, and martial arts.

Presentations and Trainings using Daniel's story to teach bullying prevention, identification, and intervention strategies to schools, events, and communities free of charge.

Student Led Anti-Bullying Clubs - start up in schools of Cool 2 Be Kind clubs.

National Association of People Against Bullying, (2021). https://www.napab.org

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Studies show bullying is reduced by over 50% on campuses where students begin anti-bullying clubs. Find out how you can start a C2BK chapter at your school.

Bullying affects children of all races, ethnicities, religions, national origins, gender identities, income levels, disability statuses, and sexual orientations. Read about current bullying events and stories around the world.

Get Help

If you or anyone you know is in need of anti-bullying services, please contact us at the email address below.

anna@napab.org

If you, your child, or someone you know is being bullied, we want to help.

GET INVOLVED

As a non-profit organization, we rely directly on the contributions of individuals to support our services.

If you are open to contributing some of your time, expertise, or funding for the health of our children, please join us!

LEARN MORE

NAPAB advocates on behalf of bullied children and their families, providing education and support to parents, educators, children, and the community at large. Driven by Daniel's story, we exist solely for the purpose of providing social service to our communities.

Celebrating 10 years of Anti-Bullying Campaigns

NAPAB advocates on behalf of bullied children and their families.  Our goal is to bring about positive resolution between parties involved. We help schools across the country begin their own Cool 2 Be Kind Chapters.  We also provide education and support to parents, educators, children and the community at large in order to promote a harassment free society.  Learn more under About Us by clicking on the picture below.

“If we are to teach real peace in this world, and if we are to carry on a real war against war, we shall have to begin with the children.” -Mahatma Gandhi

Studies show bullying is reduced by over 50% on campuses where students begin anti-bullying clubs. Find out how you can start a C2BK chapter at your school.

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National Association of People Against Bullying - NAPAB

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The National Association for People Against Bullying (NAPAB) offers direct help to students, parents, and educators to support the anti-movement. Motivated by the death of Daniel Mendez and other victims of bullying, we provide direct anti-bullying services. If you or someone you know needs direct h

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Students belonging to minority groups such as students with disabilities, LGBTQ+ students, religious minority students, and racial minority students are more likely to be bullied.

Students are not the only bullies, sometimes staff bully students, especially in special education.

Bullying is linked to depression, low self-esteem, loneliness, poor academic success, and poor attendance.

Adults must talk about bullying sending a message that it is not acceptable.

Build a safe school environment with prevention programs and talks about bullying.

Create a community-wide bullying prevention strategy.

Florida State University College of Education, (2020, October 7). Bullying of minority students: Getting the facts.
https://education.fsu.edu/blog/bullying-minority-students-getting-facts

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​

What is bullying and how often does it happen?

According to the U.S. Department of Health and Human Services, bullying is unwanted, aggressive behavior that involves a real or perceived power imbalance. Bullying behavior is repeated, or has the potential to be repeated, over time. We know that youth who are bullied and who bully others may suffer serious, lasting problems.

The pervasive problem of bullying in schools is not new knowledge. Perhaps you have heard various statistics on bullying in recent years, such as the fact that 1 in 4 to 1 in 3 students in U.S. schools are being bullied.

Minority Students

It seems not all students are bullied equally. Research has shown that students belonging to various minority groups are often more likely to be bullied. These groups include students with disabilities, LGBT students, religious minority students, and racial minority students. The 2015-16 Civil Rights Data Collection on School Climate and Safety, conducted by the U.S. Department of Education Office for Civil Rights, looked at data from over 96,000 schools and found that 23% percent of allegations of bullying involved harassment or bullying on the basis of race, 16% involved allegations on the basis of sexual orientation, 11% involved allegations on the basis of disability, and 8% involved allegations on the basis of religion.

Know the Facts

Below are some facts regarding the bullying of minority students.

Students with Disabilities

Students with disabilities are bullied more often than students without disabilities. Research has shown that students in elementary through high school who receive special education services experience greater rates of bullying victimization than their peers without disabilities over time. Students with disabilities report being hit or threatened more than their peers without disabilities. [1]

Students receiving special education services are not the only type of students with disabilities who experience and engage in bullying at higher rates. Students with learning disabilities, intellectual disabilities, emotional or behavioral disorders, autism spectrum disorder, a sensory-related disability (such as speech or language impairment, deafness, orthopedic impairment, visual impairment, or traumatic brain injury), and other health impairments may all be at greater risk of being bullied or being involved in fighting at school. In one study, students with learning disabilities and autism spectrum disorders reported higher rates of victimization in inclusive school environments, whereas students with intellectual disabilities and emotional and behavioral disorders reported higher rates of victimization in restrictive school settings. Students identified with autism spectrum disorders, emotional and behavioral disorders, and other health impairments within restrictive environments reported the highest rates of fighting in school.[2]
Students with disabilities may also bully others more.
Research has also shown that students with disabilities engage in higher levels of bully perpetration and fighting in school.[1, 2]
Bullying may be more harmful to students with disabilities.
Students in special education have reported more physical harm and psychological distress as a result of bully victimization when compared to their regular education peers.[3]
Bullies aren't always students.
One study found that, according to student reports, adult teachers and staff were more likely to verbally, relationally, and physically bully students in special education.[3] Other research has shown that students in special education, students of color (except for Asian American youth), and male students were more likely to report that adults told them not to tattle about their bullying experiences more often than did youth not in special education, white or female students. In fact, students in special education were told not to tattle almost twice as often as youth not in special education. These data suggest that certain groups of students being bullied are being silenced by adults more than are majority youth.

LGBT Students

Lesbian, gay, and bisexual students are bullied more. We also know that school victimization happens at disproportionately high rates to LGBT students, which results in negative health disparities. LBGT students are more likely to experience bullying in-person and through use of technology (i.e., social media).[4] Further, school victimization related to being lesbian, gay, bisexual, and transgender is strongly linked to young adult mental health and risk for STDs and HIV. What's more, school victimization of these groups can lead to elevated levels of depression and suicidal ideation in males.[5]
Transgender students are especially at risk.
Transgender youth are experiencing extremely hostile climates in U.S. schools and are at risk of being bullied perhaps even more than LGB students.

Racial Minority Students

More likely to be bullied... As with other minority groups, racial minority students (particularly Black and Hispanic students) are more likely to be bullied in school. Racial minority students specifically report more instances of being threatened, hit, put down by peers, or having belongings forced from them, stolen or damaged.[6]

...but less likely to perceive it as bullying. Though racial minority students are more likely to be bullied, they are less likely to report having been "bullied". This may be because students of various minority groups, especially male students, may perceive reporting bullying as an indicator of "weakness".[6]

Bullying Outcomes

Adolescent bullying has been shown to be linked to depression, low self-esteem, and loneliness. Further, youth who are bullied are less likely to succeed in school, as victimization is also associated with poor school adjustment, in-school suspension, and school avoidance.[7]

What can adults do?

The U.S. Department of Health and Human Services states that responding quickly and consistently to bullying behavior, teachers, parents, or other adults witnessing bullying behavior send the message that it is not acceptable. This can stop bullying behavior over time.

Intervention can take many forms. Here are some ideas from the U.S. Department of Health and Human Services to get you started:

1. Talk about bullying! Let students know it's unacceptable to bully and that if they are being bullied, people are there to help.

2. Build a safe school environment! Work with others in the school and school system to bring bullying to the forefront of school intervention projects. Schedule talks about bullying. There are also initiatives designed to prevent and reduce bullying in schools, such as:

1. Olweus Bullying Prevention Program

2. KiVa Program

3. Create a community-wide bullying prevention strategy! Work with others in your community to stop bullying in its tracks. Mental health and education professionals are great sources of support!

References
1. Rose, C. A., & Gage, N. A. (2017). Exploring the involvement of bullying among students with disabilities over time. Exceptional Children, 83, 298-314. https://doi.org/10.1177/0014402916667587

2. Rose, C. A., Stormont, M., Wang, Z., Simpson, C. G., Preast, J. L., & Green, A. L. (2015). Bullying and students with disabilities: examination of disability status and educational placement. School Psychology Review, 44(4), 425-444. https://doi.org/10.17105/spr-15-0080.1

3. Hartley, M. T., Bauman, S., Nixon, C. L., & Davis, S. (2015). Comparative Study of Bullying Victimization among Students in General and Special Education. Exceptional Children, 81(2), 176-193. https://doi.org/10.1177/0014402914551741

4. Kurki-Kangas, L., Marttunen, M., Fröjd, S., & Kaltiala-Heino, R. (2019). Sexual Orientation and Bullying Involvement in Adolescence: The Role of Gender, Age, and Mental Health. Journal of School Violence, 18(3), 319-332. https://doi.org/10.1080/15388220.2018.1488136

5. Russell, S. T., Ryan, C., Toomey, R. B., Diaz, R. M., & Sanchez, J. (2011). Lesbian, Gay, Bisexual, and Transgender Adolescent School Victimization: Implications for Young Adult Health and Adjustment. Journal of School Health, 81(5), 223-230. https://doi.org/10.1111/j.1746-1561.2011.00583.x

6. Lai, T., & Kao, G. (2018). Hit, robbed, and put down (but not bullied): underreporting of bullying by minority and male students. Journal Of Youth and Adolescence, 47(3), 619-635. https://doi.org/10.1007/s10964-017-0748-7

7. Esbensen, F. A., & Carson, D. C. (2009). Consequences of being bullied results from a longitudinal assessment of bullying victimization in a multisite sample of American students. Youth & Society, 41(2), 209-233. https://doi.org/10.1177/0044118X09351067

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Bullying of Minority Students: Getting the Facts

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​ What is bullying and how often does it happen? According to the U.S. Department of Health and Human Services, bullying is unwanted, aggressive behavior that involves a real or perceived power imbalance. Bullying behavior is repeated, or has the potential to be repeated, over time.

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Bullying is a significant risk indicator of suicide attempts in males and females.

Cyberbullying and school bullying had a significantly higher risk associated with suicidal ideations, plans, and attempts.

Bullying is corrosive with long-term negative effects on self-esteem, self-efficacy, peer and parental relations.

Indirect bullying such as humiliation and social exclusion is the most prevalent type of bullying experienced by age 15.

Bullying and cyberbullying are systemic public health issues requiring intervention by the community, parents, and mobile health programs to intervene early and prevent social marginalization and victimization.

Campisi, S.C., Carducci, B., Akseer, N. et al. (2020). Suicidal behaviours among adolescents from 90 countries: A pooled analysis of the global school-based student health survey. BMC Public Health 20, 1102 . https://doi.org/10.1186/s12889-020-09209-z

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Suicidal behaviours among adolescents from 90 countries: a pooled analysis of the global school-based student health survey - BMC Public Health

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Background Understanding the burden and determinants of suicide during adolescence is key to achieving global health goals. We examined the prevalence and determinants of self-reported suicidal ideation and attempts among younger (13-15 years) and older adolescents (16-17 years).

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Federal Statutory Law. No federal law directly addresses bullying, however, the Civil Rights Act (1964) enforced by the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ) prohibits discrimination in any program receiving Federal financial assistance “on ground of race, color, or national origin” (USCODE-2010-title42-chap21-subchapV.pdf (govinfo.gov). Therefore, a school is required to respond appropriately to the harassment of students should they fall into one of the protected classes in the Civil Rights Act (1964).

Civil Rights Act of 1964, Pub. L. 88–352, title VI, §601, 78 Stat. 252 (1964).

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Federal Constitutional Law. The 14th Amendment of the Constitution of the United States of America (1868), “guarantees all citizens equal opportunities and rights.”  serves as the basis for many laws related to harassment, bullying, and unfair treatment in general (U.S. Const. amend. XIV, § 1). If a student is experiencing bullying or cyberbullying they are not being provided an equal opportunity to a free public education which is their right. (https://www.senate.gov/civics/constitution_item/constitution.htm #amdt_14_(1868))

U.S. Const. amend. XIV, § 1.

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U.S. Senate: Constitution of the United States

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State Statutory Law. Tex. Educ. Code § 37.0832 defines bullying and cyberbullying related to education as “a single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power”. The act involves written, verbal, electronic, or physical conduct intended to harm a student or their property that is sufficiently severe, persistent, or pervasive to disrupt the educational process. The code requires school boards to adopt a policy against bullying to be reviewed annually by all students and staff which describes actions to be taken by students involved and school staff who might witness or receive reports of bullying. (https://texas.public.law/statutes/tex._educ._code_section_37.0832)

Student Code of Conduct, Tex. Educ. Code § 37.0832

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Judicial Law. In Davis v. Monroe County Board of Education (1999) the Supreme Court ruled that school authorities could be held liable under Title IX for damages in a case involving student-on-student harassment. The Supreme Court identified four conditions that must be met in order for a school to be liable for harassment: a student is victimized due to membership in a protected category, the harassment is severe enough to deny equal access to education, the school authorities must be aware of the harassment, and deliberately indifferent. While harassment and bullying are not synonymous, this ruling has since been applied to subsequent bullying cases, for example, Shore Regional High School Board of Education v. P.S. Forty-one (2004).

https://www.law.cornell.edu/supct/html/97-843.ZS.html

Davis v. Monroe County Board of Education, (97-843) 526 U.S. 629 (1999).

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NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337.

SUPREME COURT OF THE UNITED STATES

DAVIS, as next friend of LaSHONDA D. v. MONROE COUNTY BOARD OF EDUCATION et al.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

No. 97—843. Argued January 12, 1999–Decided May 24, 1999

Petitioner filed suit against respondents, a county school board (Board) and school officials, seeking damages for the sexual harassment of her daughter LaShonda by G. F., a fifth-grade classmate at a public elementary school. Among other things, petitioner alleged that respondents' deliberate indifference to G. F.'s persistent sexual advances toward LaShonda created an intimidating, hostile, offensive, and abusive school environment that violated Title IX of the Education Amendments of 1972, which, in relevant part, prohibits a student from being "excluded from participation in, be[ing] denied the benefits of, or be[ing] subjected to discrimination under any education program or activity receiving Federal financial assistance," 20 U.S.C. § 1681(a). In granting respondents' motion to dismiss, the Federal District Court found that "student-on-student," or peer, harassment provides no ground for a Title IX private cause of action for damages. The en banc Eleventh Circuit affirmed.

Held:

1. A private Title IX damages action may lie against a school board in cases of student-on-student harassment, but only where the funding recipient is deliberately indifferent to sexual harassment, of which the recipient has actual knowledge, and that harassment is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school. Pp. 7—22.

(a) An implied private right of action for money damages exists under Title IX, Franklin v. Gwinnett County Public Schools, 503 U.S. 60, where funding recipients had adequate notice that they could be liable for the conduct at issue, Pennhurst State School and Hospital v. Halderman, 451 U.S. 1, 17, but a recipient is liable only for its own misconduct. Here, petitioner attempts to hold the Board liable for its own decision to remain idle in the face of known student-on-student harassment in its schools. The standard set out in Gebser v. Lago Vista Independent School Dist., 524 U.S. 274–that a school district may be liable for damages under Title IX where it is deliberately indifferent to known acts of teacher-student sexual harassment–also applies in cases of student-on-student harassment. Initially, in Gebser, this Court expressly rejected the use of agency principles to impute liability to the district for the acts of its teachers. Id., at 283. Additionally, Title IX's regulatory scheme has long provided funding recipients with notice that they may be liable for their failure to respond to non-agents' discriminatory acts. The common law has also put schools on notice that they may be held responsible under state law for failing to protect students from third parties' tortious acts. Of course, the harasser's identity is not irrelevant. Deliberate indifference makes sense as a direct liability theory only where the recipient has the authority to take remedial action, and Title IX's language itself narrowly circumscribes the circumstances giving rise to damages liability under the statute. If a recipient does not engage in harassment directly, it may not be liable for damages unless its deliberate indifference "subject[s]" its students to harassment, i.e., at a minimum, causes students to undergo harassment or makes them liable or vulnerable to it. Moreover, because the harassment must occur "under" "the operations of" a recipient, 20 U.S.C. §§1681(a), 1687, the harassment must take place in a context subject to the school district's control. These factors combine to limit a recipient's damages liability to circumstances wherein the recipient exercises substantial control over both the harasser and the context in which the known harassment occurs. Where, as here, the misconduct occurs during school hours on school grounds, misconduct is taking place "under" an "operation" of the recipient. In these circumstances, the recipient retains substantial control over the context in which the harassment occurs. More importantly, in this setting, the Board exercises significant control over the harasser, for it has disciplinary authority over its students. At the time of the events here, a publication for school attorneys and administrators indicated that student-on-student harassment could trigger Title IX liability, and subsequent Department of Education policy guidelines provide that such harassment falls within Title IX's scope. Contrary to contentions of respondents and the dissent, school administrators will continue to enjoy the flexibility they require in making disciplinary decisions so long as funding recipients are deemed "deliberately indifferent" to acts of student-on-student harassment only where the recipient's response to the harassment or lack thereof is clearly unreasonable in light of the known circumstances. Pp. 8—18.

(b) The requirement that recipients receive adequate notice of Title IX's proscriptions also bears on the proper definition of "discrimination" in a private damages action. Title IX proscribes sexual harassment with sufficient clarity to satisfy Pennhurst's notice requirement and serve as a basis for a damages action. See Gebser, supra, at 281. Having previously held that such harassment is "discrimination" in the school context under Title IX, this Court is constrained to conclude that student-on-student sexual harassment, if sufficiently severe, can likewise rise to the level of "discrimination" actionable under the statute. The statute's other prohibitions help to give content to "discrimination" in this context. The statute not only protects students from discrimination but also shields them from being "excluded from participation in" or "denied the benefits of" a recipient's "education program or activity" on the basis of gender. 20 U.S.C. § 1681(a). It is not necessary to show an overt, physical deprivation of access to school resources to make out a damages claim for sexual harassment under Title IX, but a plaintiff must show harassment that is so severe, pervasive, and objectively offensive, and that so undermines and detracts from the victims' educational experience, that the victims are effectively denied equal access to an institution's resources and opportunities. Cf. Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 67. Whether gender-oriented conduct is harassment depends on a constellation of surrounding circumstances, expectations, and relationships, Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75, 82, including, but not limited to, the harasser's and victim's ages and the number of persons involved. Courts must also bear in mind that schoolchildren may regularly interact in ways that would be unacceptable among adults. Moreover, that the discrimination must occur "under any education program or activity" suggests that the behavior must be serious enough to have the systemic effect of denying the victim equal access to an education program or activity. A single instance of severe one-on-one peer harassment could, in theory, be said to have such a systemic effect, but it is unlikely that Congress would have thought so. The fact that it was a teacher who engaged in harassment in Franklin and Gebser is relevant. Peer harassment is less likely to satisfy the requirements that the misconduct breach Title IX's guarantee of equal access to educational benefits and have a systemic effect on a program or activity. Pp. 19—22.

2. Applying this standard to the facts at issue, the Eleventh Circuit erred in dismissing petitioner's complaint. This Court cannot say beyond doubt that she can prove no set of facts that would entitle her to relief. She alleges that LaShonda was the victim of repeated acts of harassment by G. F. over a 5-month period, and allegations support the conclusion that his misconduct was severe, pervasive, and objectively offensive. Moreover, the complaint alleges that multiple victims of G. F.'s misconduct sought an audience with the school principal and that the harassment had a concrete, negative effect on LaShonda's ability to receive an education. The complaint also suggests that petitioner may be able to show both actual knowledge and deliberate indifference on the part of the Board, which made no effort either to investigate or to put an end to the harassment. Pp. 22—23.

120 F.3d 1390, reversed and remanded.

O'Connor, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Kennedy, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia and Thomas, JJ., joined.

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NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader.See United States v.

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Slide #10 Local Administrative Law/Policy/Rule

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Slide #10 Local Administrative Law/Policy/Rule

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According to the Utopia ISD Student Code of Conduct (2021-2022, p. 17), “Misconduct Identified in State Law. In accordance with state law, a student may be placed in a DAEP for any one of the following offenses: Engaging in bullying that encourages a student to commit or attempt to commit suicide. Inciting violence against a student through group bullying.” Under General Conduct Violations (p.7) the district prohibits the mistreatment of other students by engaging in bullying as defined in the glossary. Under School District Authority and Jurisdiction the disciplinary authority applies on or off-campus when a student engages in cyberbullying as provided by Tex. Educ. Code § 37.0832.

Utopia ISD. (2021-2022). Student Code of Conduct, Misconduct Identified in State Law. Retrieved from https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/1223438/UTOPIA_ISD_STUDENT_CODE_OF_CONDUCT_20-21__2_.pdf

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School Counselors must adhere to the American School Counselor Association Ethical Standards on handling the reporting of bullying of students and the provision of services to students who have been bullied or are bullying others. These standards are aligned with the federal law regulating such behavior.

A.9. Serious and Foreseeable Harm to Self and Others
School counselors:
d. Report to parents/guardians and/or appropriate authorities when students disclose a perpetrated or a perceived threat to their physical or mental well-being. This threat may include, but is not limited to, physical abuse, sexual abuse, neglect, dating violence, bullying or sexual harassment. The school counselor follows applicable federal, state and local laws and school district policy.
A.11. Bullying, Harassment and Child Abuse School counselors:
a. Report to the administration all incidents of bullying, dating violence and sexual harassment as most fall under Title IX of the Education Amendments of 1972 or other federal and state laws as being illegal and require administrator interventions. School counselors provide services to victims and perpetrator as appropriate, which may include a safety plan and reasonable accommodations such as schedule change, but school counselors defer to administration for all discipline issues for this or any other federal, state or school board violation.

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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Bullying Prevention for Schools: A Step-by-Step Guide to Implementing a Successful Anti-Bullying Program 1st Edition by Beane (Author)

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A Step-by-Step Guide to Implementing a Successful Anti-Bullying Program

Bullying can be found in every school system, school, and classroom. It is destructive to the well-being of students, creates unsafe schools, and impacts learning. School personnel, parents, and others are increasingly realizing the importance of putting effective anti-bullying strategies and policies in place that will create safe, caring, and peaceful schools where all students feel a sense of belonging and acceptance. Based on Allan L. Beane's proven Bully Free7reg; Program, Bullying Prevention for Schools is a step-by-step guide to implementing an anti-bullying program in individual schools or throughout a district.

In Bullying Prevention for Schools, Dr. Beane details how to:

Implement training for school personnel and volunteers and awareness sessions for students, parents, and the community

Establish policies, rules, behavioral expectations, discipline rubrics, and response plans

Prepare intervention and prevention strategies

Develop a plan to actively include, involve, and empower students, parents, and the community

And much more

Bullying Prevention for Schools also contains a wealth of reproducible documents and forms, such as surveys, statement sheets, and intervention questionnaires.

Beane, A.L. (2009). A step-by-step guide to implementing a successful anti-bullying program. Jossey-Bass.
ISBN-13: 978-0470407011

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The following are best practices or recommendations for how school counselors should handle bullying.

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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School counselors must facilitate a strategy against bullying that combines education, school-based interventions, and policy reform leading to cultural change. We must affirm that public education is a right for all students and bullying is an impediment to that right as per the 14th Amendment of the Constitution of the United States of America (1868) (U.S. Const. amend. XIV, § 1).

State laws protect students from bullying. The code requires a school board to adopt a policy against bullying by which the staff (including school counselors) and students must comply.

Students and parents should be educated about bullying and provided with multiple means of seeking help for it. Students may be reluctant to report bullying that they experience or witness, so anonymous reporting procedures must be made available.

There should be a prompt and thorough investigation of suspected or reported bullying. As noted by the U.S. Department of Education Office for Civil Rights, this should include "immediate intervention strategies for protecting the victim from additional bullying or retaliation... notification to parents of the victim or reported victim of bullying and the alleged perpetrator, and, if appropriate, notification to law enforcement officials."

Bullying should not be categorized as criminal behavior because it varies in form and severity. In most cases, bullying can be handled with school discipline and counseling. However, bullying behaviors such as assault, extortion, sexual harassment, or a violation of civil rights should be dealt with by school authorities according to their legal obligations. Conduct that constitutes an assault is addressed in Penal Code § 22.01 and harassment in Penal Code § 42.07(a)(7).

Schools should not use zero-tolerance policies that assign harsh consequences for violating a school rule, regardless of the context or severity of the behavior. There should be graduated consequences for bullying appropriate to the context and severity of the behavior and characteristics of the student(s).

School policies should direct school staff to assess students who are bullied or engage in bullying for possible mental health and academic problems and provide support and referrals for these students and their parents.

School policies should include provisions for training all staff to prevent, identify, and respond appropriately to bullying. Character education lessons by the school counselor should include the types of behavior that are appropriate and not appropriate at school and what constitutes bullying. Students must be encouraged to report bullying whether they are the bullied or a bystander. Showing them movies such as Wonder and having discussions on bullying helps students realize that bullying is unacceptable.

School policies should encourage the adoption of evidence-based practices informed by scientific research to guide prevention and intervention efforts. All school personnel must carry out the policies consistently, indicating to students a zero tolerance of bullying by the district.

School counselors can coordinate a schoolwide assembly with a guest speaker to discuss the effects of bullying and form an anti-bullying campaign such as "It's Cool to be Kind", a result of Senate Bill 179, David's Law, (2017).

Cornell, D.G., & Limber, S.P., (2016). Do U.S. laws go far enough to prevent bullying at school? American Psychological Association, CE Corner, 47, (2).

https://www.apa.org/monitor/2016/02/ce-corner