Legal Guide by Susan Flores https://padlet.com/sflores111/9bvf5aojc1jp33m8 Susie Tijerina, Angelo State University EDG 6305 en-us 2021-03-07 04:29:06 UTC 2021-03-14 05:57:13 UTC hello@padlet.com https://padlet.net/icons/png/1f499.png 1. My Professional Prospective sflores111 https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277616723 My professional perspective is from the role of school counselor. I completed my education at Angelo State University obtaining a degree for Professional School Counseling. 

This legal guide will serve as a resource for other school counselors in the school district in helping them understand the current legal requirements in working with students who are suicidal in response to being bullied.

I chose this topic because many stories in the news report on a suicide foreshadowed by an incident of bullying. It is important to understand the effects that bullying can have on an individual. This is an issue that can possibly be prevented with effective resources. ]]> 2021-03-07 04:36:14 UTC https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277616723 2. Summary of Topic sflores111 https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277620814 As counselors we should be aware of changing laws and regulation. When students and/or teachers report to us, knowing the current law will help us navigate how to obtain the best help for the student. All educators are required to take training in identifying suicidal behaviors and how/when to report (19 TAC § 153.1013). Remaining aware of the legal and ethical standards allows counselors to help not only students, but teachers and staff members as well.

There have been many cases across the state where school districts have been taken to court by parents alleging that their child had been bullied and the school counselor was aware of the situation and did nothing. Following the laws and policies set by the state and school district will allow counselors to fulfill their duties in the best possible way, avoiding legal complications that could arise.

Suicide Prevention Training, 19. Tex. Admin. Code § 153.1013]]> 2021-03-07 04:39:25 UTC https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277620814 3. American Counseling Association shares that the National Suicide Hotline Designation Act (S. 2661) has been approved. sflores111 https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277622132 With combined efforts from the American Counseling Association, an easy-to-use three-digit National Suicide Prevention Hotline has been approved. The National Suicide Hotline Designation Act (S. 2661) was approved and is part of a public health effort to invest in suicide prevention. Counselors can use this as a resource for prevention measures.

American Counseling Association. (2019, December 13). National Suicide Hotline Designation Act (S. 2661) approved by the Senate Committee on Commerce, Science, and Transportation. https://www.counseling.org/news/aca-blogs/aca-government-affairs-blog/aca-government-affairs-blog/2019/12/13/national-suicide-hotline-designation-act-(s.-2661)-approved-by-the-senate-committee-on-commerce-science-and-transportation ]]> 2021-03-07 04:40:31 UTC https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277622132 4. Education Week News Article sflores111 https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277622836 This article discusses a wrongful death lawsuit from the parent of an 8-year-old boy who was allegedly severely bullied, and in response  committed suicide.
・The student's parents were not notified about several incidents.
・Parents claim administrators failed to notify them that their son had been attacked, nor rendered aid when needed.
・Upon returning to school, the student was again bullied in the same restroom. It was the same day he committed suicide.

The court says the administration team failed to take the situation seriously. Preventative measures could have been taken such as supervising the restrooms.

Walsh, M. (2020, December 30). Federal Appeals Court Lets Lawsuit Proceeed Against Educators in Student's Suicide. EducationWeek. https://www.edweek.org/policy-politics/federal-appeals-court-lets-lawsuit-proceed-against-educators-in-students-suicide/2020/12


]]> 2021-03-07 04:41:07 UTC https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277622836 5. K12Dive News Article sflores111 https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277623099 This article discusses cases which involve a school or district's role in school safety. Many severe issues including bullying and suicide are now being debated as to who should be held responsible.
・Allegedly administrators knew about two previous attempts of a student trying to commit suicide. The mother states there was meager intervention and prevention training for the school staff.
・Several cases similar to this one are being filed against schools and/or districts for their alleged liability. The outcomes will help inform educators where the line is drawn for legal responsibilities.

Campisi, J. (2019, February 20). To what extent are districts, schools liable for students' safety? K-12 Dive. https://www.k12dive.com/news/to-what-extent-are-districts-schools-liable-for-students-safety/547823/

]]> 2021-03-07 04:41:19 UTC https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277623099 6. The Tenth Amendment sflores111 https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277623598 Constitutional Law
The powers not delegated to the United States are  reserved to the States, or the People (U.S. Const. amend. X). There are no federal laws discussing suicide so each school district is responsible for creating policies which prohibit acts of bullying that can lead to further actions, such as suicide.

U.S. const. amend X]]> 2021-03-07 04:41:45 UTC https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277623598 7. Mental Health, Substance Abuse, and Youth Suicide, Tex. Educ. Code § 38.351 sflores111 https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277624259 Statutory Law
Each school district must implement practices for suicide prevention, intervention, and postvention (Tex. Educ. Code § 38.351). 

Mental health, Substance Abuse, and Youth Suicide, Tex. Educ. Code § 38.351

]]> 2021-03-07 04:42:15 UTC https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277624259 8. Suicide Prevention Training, Texas Administrative Code, Title 19 § 153.1013 sflores111 https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277624532 Administrative Law
All school districts and charter schools shall provide training on suicide prevention for all school educators. School districts are required to keep records of educators who have completed the training for suicide prevention. Charter schools are encouraged to do the same. (19 TAC § 153.1013)

Suicide Prevention Training, 19. Tex. Admin. Code § 153.1013]]> 2021-03-07 04:42:28 UTC https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277624532 9. Tumminello v. Father Ryan High School sflores111 https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277625110 Judicial Law
A mother alleges that her son committed suicide because of the harassment he experienced at school. The mother says the school did not enforce the schools anti-bullying policy. This case is based on the assumption that if the school does nothing to prevent bullying that they recognize is happening, it is reasonable predictable that the bullying could lead to self harm or even suicide (Tumminello v. Father Ryan High School, 2017).

Tumminello v. Father Ryan High School, Inc. 678 Fed. Appx. 281 (6th Cir, 2017). https://1-next-westlaw-com.easydb.angelo.edu/Document/I02ff3720e77c11e681b2a67ea2e2f62b/View/FullText.html?navigationPath=Search%2Fv1%2Fresults%2Fnavigation%2Fi0ad74036000001782edfd86fcb983c5b%3Fppcid%3D8d1686b0a8c9428d8f547d1f9f3c80db%26Nav%3DCASE%26fragmentIdentifier%3DI02ff3720e77c11e681b2a67ea2e2f62b%26parentRank%3D0%26startIndex%3D1%26contextData%3D%2528sc.Search%2529%26transitionType%3DSearchItem&listSource=Search&listPageSource=8b0c738868b96876340601fb05ad3e28&list=ALL&rank=1&sessionScopeId=57ce931a0a68f36d602b731e0cb07d34611f22dd58fbe4d673cd8bbdbd5d703a&ppcid=8d1686b0a8c9428d8f547d1f9f3c80db&originationContext=Search%20Result&transitionType=SearchItem&contextData=%28sc.Search%29]]> 2021-03-07 04:42:51 UTC https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277625110 10. Crowley Independent School District, Student Handbook, Mental Health Support sflores111 https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277625802 Administrative Law
The district has implemented programs for suicide prevention, intervention, and postvention. The school counselor can provide information for resources in the area that help with services related to suicide. Procedures are also put into place in notifying parents. (CISD, 2020)

Crowley Independent School District (2020, August 27). Student Handbook, Mental Health Support (All Grade Levels). https://www.crowleyisdtx.org/cms/lib5/TX01917780/Centricity/Domain/507/1%20Crowley%20ISD%20Student%20Handbook%2020-21%20Updated.pdf]]> 2021-03-07 04:43:25 UTC https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277625802 11. Ethical Principle sflores111 https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277626528 Suicide prevention and response would be included in the A.9 Standard of the American School Counselor Association's Ethical Standards for School Counselors. This standard includes informing parents, reporting to appropriate authorities, and not releasing a students who is a potential danger to self (ASCA, 2016). When a student reports a circumstance, a counselor should be knowledgeable in following the standard which allows for the best assistance to the student.

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Alexandria, VA: Author]]> 2021-03-07 04:43:58 UTC https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277626528 12. Non-law Source sflores111 https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277627098 This report from Psychology Today looks at the complex relationships that can be found between bullying and suicide. While involvement in bullying can raise the risk of suicide, it is not the only factor. It is essential that schools provide effective prevention measures for suicide as well as showing every incidence of bullying is taken seriously.

Gorman, S. and Gorman, J.M. (2019, February 5). Does Bullying Cause Suicide? Psychology Today. https://www.psychologytoday.com/us/blog/denying-the-grave/201902/does-bullying-cause-suicide


]]> 2021-03-07 04:44:27 UTC https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277627098 13. Recommendations sflores111 https://padlet.com/sflores111/9bvf5aojc1jp33m8/wish/1277627510
  • Remain aware of changing laws and policies related to suicide by attending webinars and training seminars often. 
  • Take all reports seriously, no matter how small.
  • Crowley ISD has implemented programs for suicide prevention (CISD, 2020). Ensure good prevention measures are practiced in your school. Examples include guidance lessons and available resources to students.
  • Report incidents to parents in a timely manner. ASCA states parents should be notified if a student is at risk of harm to self (ASCA, 2016).
  • Provide reporting procedures to all staff on campus.
  • Make sure all staff on your campus are in compliance with training on suicide prevention. The Texas Administrative Code Title 19 § 153.1013 requires school districts to keep records of employees who have completed training.
  • The policy for Crowley ISD is that counselors have resources readily available to help students/families (CISD, 2020). These can be for prevention or postvention services.

    • American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Alexandria, VA: Author

    Crowley Independent School District (2020, August 27). Student Handbook, Mental Health Support (All Grade Levels). https://www.crowleyisdtx.org/cms/lib5/TX01917780/Centricity/Domain/507/1%20Crowley%20ISD%20Student%20Handbook%2020-21%20Updated.pdf

    Suicide Prevention Training, 19. Tex. Adim. Code § 153.1013


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