The topic of this guide is 'Bullying ~ Role of the School Counselor’, and it is important to note that cyberbullying and other types of harassment are included as well. 

 The information in this guide is to provide school counselors and other stakeholders - administrators, teachers, parents, students, and community members -  with the knowledge and understanding needed to abide by all legal and ethical rules concerning bullying/cyberbullying (harassment) in the school setting and beyond.  

I chose this topic because I fully believe that a student must be afforded safety and an environment free from negativity and harassment before learning can truly take place.   

Issues emerging from the increased incidences of bullying and cybullying are multi-faceted and at times vague.  We know that educationally, student academic success decreases when one is not being provided with a positive and safe environment, and this could lead to issues such as class failures to worst case scenario, high school dropout.  Emotionally, we know that students can spiral downward in avery aspect of their lives if they are not helped and supported, and this could lead to the worst possible outcome of death by suicide.  In the litigous society that we now live in, school counselors and other school staff are being held responsible and threatened with lawsuits for the consequences of what bullying and cyberbullying can sometimes lead to.  Staying abreast of effective practices and mandates in regard to bullying/harassment is extremely important for the school counselor in order to abide by ever expanding legal and ethical requirements.

The American School Counseling Association’s purpose is to support and guide Professional School Counselors in “designing and delivering school counseling programs that improve student outcomes.  ASCA provides professional development, publications and other resources, research and advocacy to school counselors around the globe” (ASCA, n.d.).   

In this publication, ASCA is very clear about the role school counselors play in fostering a safe, positive, and caring environment in efforts to promote student achievement and optimal social and emotional development.  A ‘Rationale’ is provided as to the importance school counselors play in combatting bullying and harassment, as well as specificity concerning prevention programs and activities.  The importance of collaborating with all stakeholders in the delivery of anti-bullying prevention programs and activities is also expressed.

Reference:

American School Counselor Association. (2022). The school counselor and bullying/harassment prevention and the promotion of safe schools. The School Counselor and Bullying/Harassment Prevention and the Promotion of Safe Schools - American School Counselor Association (ASCA). https://www.schoolcounselor.org/Standards-Positions/Position-Statements/ASCA-Position-Statements/The-School-Counselor-and-the-Promotion-of-Safe-Sch 

Reference:
Combating school bullying: Wake Forest University. WFU Online Counseling. (2020, July 16). https://counseling.online.wfu.edu/blog/counselors-make-a-positive-impact-combating-americas-school-bullying-crisis/ 

Reference:

Education Dive. (2022, September 6). Understanding educators’ role in addressing the rise in youth suicide. Deep K-12 DIVE. https://www.k12dive.com/spons/understanding-educators-role-in-addressing-the-rise-in-youth-suicide/630147/ 

While there are no federal laws that specifically apply to bullying/cyberbullying, the 10th Amendment to the U.S. Constitution states that all powers not delegated to the federal government are reserved to the states and the people.  Therefore, states are obligated to address bullying/cyberbullying and harassment issues in schools and other public places.  

Reference:

U.S. Const. amend. X

While there are no federal laws that specifically apply to bullying/cyberbullying, the 14th Amendment to the U.S. Constitution has the “authority to ensure that no state denies any person equal protection of the laws” as stated by McCluskey (n.d.).  Oftentimes, one’s physical attributes, race/ethnicity, and sexual identity/preferences result in discrimination, harassment, and bullying.  

References:

McCluskey, N. (2011, June 20). The Federal Government’s Real — but Very Dangerous and Limited — Role in Confronting Bullying and Harassment. Cato.org. https://www.cato.org/testimony/federal-governments-real-very-dangerous-limited-role-confronting-bullying-harassment

U.S. Const. amend. XIV 

The Texas Administrative Code defines bullying and cyberbullying and outlines prevention policies and procedures.  Texas schools are mandated to follow these directives and offer all students the opportunity to thrive in a safe and supportive environment. The primary person responsible for prevention efforts and education through guidance lessons and activities is the school counselor. However, all school staff are charged with understanding the importance of a safe, positive climate and the duty of reporting bullying/cyberbullying and harassment incidents.

Reference:

Bullying Prevention Policies and Procedures, 2. Tex. Admin. Code § 37.0832

Title VI protects people from discrimination and harassment based on race, color, or national origin.  This protection should be available for people of all ages (including students) and in all locations such as schools, the workplace, etc.  According to the Department of Education’s (DE) Office for Civil Rights (n.d.), “Programs and activities that receive Federal assistance from the United States Department of Education (ED) are covered by Title VI” which includes all 50 state education agencies.  On another note, although the school counselor is not responsible for investigating bullying incidents, the ED declares “Once a school knows or reasonably should know of possible student-on-student harassment, it must take immediate and appropriate action to investigate or otherwise determine what occurred” (n.p.)

Reference:

Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241 (1964)

US Department of Education (ED). (2021, June 17). Dear colleague letter: Harassment and bullying background, summary, and fast facts. Home. https://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201010.html 

Davis v. Monroe County Board of Education was a case of peer-to-peer harassment in which Davis sued the school district for knowing and continuing to allow bullying and harassment of a sexual nature by a classmate.  The Davis family accused the school district of indifference to the continual verbal and physical harassment the fifth-grade student endured throughout the school year even though she made several reports to teachers and administrators.  This is only one example of bullying and harassment in schools and the legal ramifications that could result.

References:

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

Stein, N. (1999). Classrooms and Courtrooms: Facing Sexual Harassment in K-12 Schools. Supreme Court rules in Davis Case. https://mainweb-v.musc.edu/vawprevention/policy/daviscase.shtml#:~:text=On%20May%2024%2C%201999%2C%20in,Board%20of%20Education%20(119%20S. 

BISD requires all employees to report student complaints of bullying to the appropriate supervisor. Bullying is prohibited on school property, at school-sponsored or school-related activities, or in any vehicle operated by the district. Bullying encompasses verbal or written expression or expression through electronic means or physical conduct.  

This policy is mandated so that school counselors and all staff members work cooperatively in being proactive and responsive in protecting students from all types of harassment.  

Note:  Bullying (Policy FFI) is located on pages 65 - 66. 

Reference:

2023-2024 Employee Handbook. Brownsboro Independent School District. (2023). https://www.gobearsgo.net/ 

School counselors:   

e. Recognize that bias incidents are not only potentially traumatizing for students but can lead to significant damage and disruption of the school environment. Facilitate and monitor schoolwide prevention of bullying, harassment, discrimination, hate and bias through active practices that support a positive school climate, culture and belonging. 

Standard A.11. included within ASCA’s Ethical Standards for School Counselors elaborates on eight important points concerning bullying and harassment.  The guidance and direction provided within this document is a valuable resource for the school counselor to use in creating an optimal learning environment and one free from discrimination.  The purpose of this information is to provide guidance, understanding, and support in relation to the duties, responsibilities, ethical practices and behavior of the school counselor.  ASCA states that “School counselors are leaders, advocates, collaborators and consultants who create systemic change to ensure equitable educational outcomes through the school counseling program” (n.p.). 

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

Reference:
Health Resources and Services Administration (HRSA). (2023, September 8). Stop bullying home page. StopBullying.gov. https://www.stopbullying.gov/