Bullying is an issue that affects so many students throughout the world and its effects can be fatal. Bullying can take the form of many actions like verbal, physical, and even cyberbullying. All of these types of bullying have negative effects on the students but also create an ineffective learning environment for all around. 

On the state level, the Texas Education Agency (TEA) (2023) is the state agency responsible for governing the issue at hand. TEA adopts certain guidance as to how school district should act when confronted with bullying cases. TEA also will provide outside resource and support groups that can help the student in the healing process. 

Office for Civil Rights. (2024). U.S. Department of Education. (2024). https://www2.ed.gov/about/offices/list/ocr/index.html 

Coordinated School Health - bullying and cyberbullying. (2023). Texas Education Agency. https://tea.texas.gov/texas-schools/health-safety-discipline/coordinated-school-health/coordinated-school-health-bullying-and-cyberbullying 

It is worth noting that a federal anti-bullying law does not exist. Instead, the federal government lets each state implement their own laws on bullying depending on their needs. This separation of authority is found in the 10th Amendment and also on the constitutional principle of Federalism, which is the separation and division of power between the federal and state government.  

• U.S. Constitution (n.d.) stresses the 10th Amendment: Powers not delegated to the federal government, are given to the states. This includes laws regarding bullying. 

Title 2, Section 37.218 of the Texas Education Code (TEC §37.218(2023), discusses the different ways students can be charged with harassment.

• Cyberbullying can even be considered a criminal act and could lead the student to be subject to the Texas Penal Code.

  
  

U.S. Constitution - Tenth Amendment. (n.d.). Constitution Annotated. https://constitution.congress.gov/constitution/amendment-10/ 

(TEC §37.218(2023)

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.218  

• (TEC §37.0832) identifies bullying 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” 

• Instructs school boards on how to handle bullying cases

• Offers state resources to provide mental counseling programs 

State Statute: Senate Bill 179

• Passed by the Texas Legislature in response to a horrific bullying case

• Senate Bill 179, David's Law, states “relating to harassment, bullying, and cyberbullying of a public school student or minor”

• Mandated school districts include cyberbullying into their policy and collaborate with law enforcement. 

(TEC §37.0832)

 Education Code Chapter 37. (n.d.). https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.0832  

David's Law 2017, Tex. S.B. 179, 85th R.S., 522, 2017 

85(R) SB 179 - Introduced version - Bill Text (texas.gov)

• Supreme Court ruled that school districts have the right to regulate speech 

• This regulation of speech is necessary to prevent harm to students, like bullying

• Oyez (2024) states that any speech that will “materially and substantially interfere" (para. 4) with school activity, like bullying, can be restricted by the school. 

  
  

This court case has served as a framework for school districts to utilize as to how and when the speech and conduct of students can be limited in order to provide an effective learning environment. 

Tinker v. Des Moines Independent Community School District." 2024. Oyez, https://www.oyez.org/cases/1968/21

The Dear Colleague Letter by the Department of Education (2010) offered guidance and insight for school districts as to bullying policy. Its purpose was to:

• Inform school districts about the different ways that bullying can occur in school

• That if the bullying encompasses a protected issue like race, color, religion, or sexual assault, the student can face criminal charges

Dear colleague letter from the assistant secretary (2010). U.S. Department of Education.https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf

• The Rio Grande City Grulla Independent School District (RGCGISD) Anti-Bullying policy (2024) lays down the foundation and states to “create a bully-free environment at all campuses”. 

• It outlines the offenses that students will be punished for and their punishment

• The punishment has two phases, a disciplinary and a counseling one

• It also creates a yearly plan to inform all students about bullying and the dangers that it brings

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Bullying/Cyberbullying Awareness & Prevention. (2024).  Rio Grande City Grulla. https://www.myrgcgisd.org/page/bullying-cyberbullying-awareness-and-prevention  

https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/3116/RGCCISD/2308182/Anti-Bullying___Cyberbullying_Policy.pdf

• The Center for Disease and Control (CDC) recommends parental involvement in children’s lives. CDC (2023) states “when parents are engaged in their children’s school activities and initiatives, children get better grades, choose healthier behaviors…” (para. 1). This ensures that students grow up in a  well-nurtured family environment to prevent bullying. 

• Nebraska Department of Education (2024) states the importance of “empowering the bystanders/witnesses through education about bullying and practice (role plays) in intervening.” (para. 5). 

• Reporting any suspected case of bullying is critical since it allows students to not feel like they are snitching on their friends. 

• Implementing a strong anti-bullying program which outlines all the causes and effects of bullying and reiterates the importance of prevention. Additionally, school district should monitor and adjust the policy if they see it is failing. 

Helping parents and families create healthy and supportive school environments. (2023). Centers for Disease Control and Prevention. https://www.cdc.gov/healthyschools/sec_parents.htm  

Bullying prevention and intervention strategies. (2024). Nebraska Department of Education. https://www.education.ne.gov/safety/bullying-prevention-and-intervention-strategies/  

ASCA ethical standards for school counselors. (2022). American School Counselor Association. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

• Enforce the anti-bullying policy to the letter in order for students to know that there are punishments for their actions

• Make all staff and students aware of the school anti-bullying policy

• Foster social awareness between students in staff

• Create a healthy and safe environment for students in order for them to get along well with each other

• Involve the families of students so they are also aware of the policy and they can assist at home

• Network with outside groups like mental and behavioral organizations to come and speak about bullying