The Texas Education Code § 37.0832 (2017) requires schools to adopt policies and procedures concerning bullying prevention (Tex. Educ. Code § 37.0832 (2017)).

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.0832

Texas' David's Law (2017) requires school districts to provide cyberbullying training and notify a child's parents if they are a victim or the alleged aggressor ((David’s Law, T.X. S.B. 179 (2017)).

https://locker.txssc.txstate.edu/3942be0c6bbe569ed1417377e6c1d2a9/Davids-Law-Overview.pdf

82 (R) HB 1942 requires staff development to prevent, identify, respond, and report incidents of bullying(HB. NO. 1942 § 21.451 (d) (2011)).

https://www.legis.state.tx.us/tlodocs/82R/billtext/html/HB01942F.htm

In schools, governing bodies include the State Department of Education, local school districts, and the U.S. Department of Education. The Office of Civil Rights (OCR) gets involved if bullying is based on race, color, national origin, sex, or disability.

https://www.ed.gov/laws-and-policy

https://texas.public.law/statutes/tex._educ._code_section_37.0052#google_vignette

Administrative law for school bullying refers to the rules, regulations, and enforcement procedures established by government agencies that include the state Department of Education and the U.S. Department of Education. They implement and enforce antibullying laws and policies in schools. An example is Title 19, Texas Administrative Code (TAC) § 129.1045.This code holds public schools responsible for reporting all confirmed incidents of bullying through the Texas Student Data System (TSDS) and under the Public Education Information Management System (PEIMS). The law uses the definition of bullying from the Texas Education Code § 37.0832 (Tex. Educ. Code § 37.0832 (2017)). TEA (Texas Education Agency) uses the data for monitoring and compliance as well as giving guidance to districts.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.0832

Davis v. Monroe County Board of Education (1999)- A fifth grade girl was sexually harassed by a male classmate and school officials failed to take appropriate actions.

The Supreme Court decided a school can be held liable under Title IX (1972) if it knows about the acts of harassment and does nothing and/or the harassment is so severe that it deprives the victim of their education.

https://supreme.justia.com/cases/federal/us/526/629/

T.K. v. New York City Department of Education (2016)- A middle school student with autism was severely bullied. The school did not include the parents' bullying concerns in the IEP plan. The school violated the IDEA (Individuals with Disabilities Act) by not allowing the parents to participate in the IEP plan.

https://www.courtlistener.com/opinion/2184196/tk-v-new-york-city-dept-of-educ/

Nabozny v. Podlesny (1996)- A student endured years of harassment and physical abuse from classmates due to his sexuality. School officials ignored complaints. The court ruled that equal protection under the 14th Amendment was violated and that the school treated the victim differently because of his sexual orientation. This was a big case in recognizing constitutional protection for LGBTQ students in bullying cases.

https://caselaw.findlaw.com/court/us-7th-circuit/1205454.html

Title VI of the Civil Rights Act of 1964 (34 C.F.R. Part 100 (1964))- Regulated by the U.S. Department of Education and the Office for Civil Rights (OCR)

• prohibits discrimination on the basis of race, color, or national origin in any program receiving federal funding such as public schools

• it does not specify bullying, but it can be treated as discriminatory harassment if a student is targeted based on race, color, or national origin and the school does nothing about it

• guidance by OCR for schools includes investigating bullying based on protected status, taking immediate action to stop it, preventing recurrence, and remedying the impact

  
  

  https://www.justice.gov/crt/fcs/TitleVI-Overview

• retaliation against anyone involved in the complaint process is a violation of district policy

• the Superintendent will develop administrative procedures to ensure the minimum standards for prevention are implemented in accordance with the law

• a student who intentionally makes a false claim regarding bullying will be subject to disciplinary action

• reports of bullying should be made as soon as possible

• students and staff may make the report and can do so orally or in writing

• the principal should notify the parent of the alleged victim on or before the 3rd business day after the incident is reported

• the principal determines if the allegations constitute prohibited conduct as define by policy FFH

• investigation should be completed within 10 business days

• parents will be notified

• counseling options will be provided to all and corrective action will be in accordance with the Student Code of Conduct

  
  

  https://pol.tasb.org/PolicyOnline/PolicyDetails?key=421&code=FFI#localTabContent

  
  

The American School Counselor Association (2022) explains how school counselors are required and ethically obligated to protect the confidentiality of the student while also upholding laws that require reporting when the student is in danger. This would include bullying. Counselors need to be able to turn to someone when a student confides in them about being bullied or knowing someone who is being bullied. They cannot keep this information confidential when it pertains to a student's safety.

American School Counselor Association (2022). ASCA Ethical Standards for School Counselors.

https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards2022.pdf.