Legal Guide Bullying in Schools by Ashleigh Kay https://padlet.com/akay36/2dknwbdky70d7puh Bullying prevention policies and procedures. en-us 2021-09-26 04:09:16 UTC 2021-10-01 06:12:21 UTC hello@padlet.com Slide #1 My Professional Perspective akay36 https://padlet.com/akay36/2dknwbdky70d7puh/wish/1769029157 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


]]> 2021-09-26 18:10:41 UTC https://padlet.com/akay36/2dknwbdky70d7puh/wish/1769029157 Slide #2 Summary of Topic akay36 https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776578782 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
]]> 2021-09-29 02:29:11 UTC https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776578782 Slide #3 Professional Association akay36 https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776581288 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
]]> 2021-09-29 02:30:08 UTC https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776581288 Slide #5 Current News Article #2 akay36 https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776584022
  • 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
    ]]>     2021-09-29 02:31:10 UTC https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776584022     Slide #4 Current News Article #1 akay36 https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776584779
  • 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
    ]]>     2021-09-29 02:31:29 UTC https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776584779     Slide #6 Original Sources of Law akay36 https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776588421 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).]]>     2021-09-29 02:32:49 UTC https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776588421     Slide #7 Original Sources of Law akay36 https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776589257 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.
    ]]>     2021-09-29 02:33:06 UTC https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776589257     Slide #8 Original Sources of Law akay36 https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776590517 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




    ]]>     2021-09-29 02:33:34 UTC https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776590517     Slide #9 Original Sources of Law akay36 https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776591697 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).





    ]]>     2021-09-29 02:34:01 UTC https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776591697     Slide #10 Local Administrative Law/Policy/Rule akay36 https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776595038 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





    ]]>     2021-09-29 02:35:17 UTC https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776595038     Slide #11 Ethical Principle akay36 https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776596022 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]]>     2021-09-29 02:35:35 UTC https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776596022     Slide #12 Non-Law Source akay36 https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776597432 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
    ]]>     2021-09-29 02:36:06 UTC https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776597432     Slide #13 Bulleted list of Recommendations / Best Practices for Compliance akay36 https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776601171
  • 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
    ]]>     2021-09-29 02:37:30 UTC https://padlet.com/akay36/2dknwbdky70d7puh/wish/1776601171