Bullying & School Counselors Legal Guide-Shannon Myers by Shannon Myers https://padlet.com/smyers1111/jm74c37ufit2gurd EDG 6305-Module 7 en-us 2023-07-22 02:02:44 UTC 2025-10-18 13:31:20 UTC hello@padlet.com Slide #1: Professional Perspective smyers1111 https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2649391159 As a future intermediate grade level school counselor, it will be important for me to protect my students from bullying. Bullying is a hot topic currently and requires a school counselor to constantly educate themselves on legal and ethical issues related to bullying. It is important for a counselor to know what is defined as bullying and what steps should be taken to protect the victim as well as the counselor's response to any reported allegations. 

The information in this Padlet is aimed at assisting school counselors with the laws and statutes related to bullying. 

This topic was chosen because the term "bullied" is getting thrown around more and more, especially with the addition of social media. I think it is important to understand what exactly bullying is and what it is not. Determining when and how a counselor responds to these allegations will determine how well the situation is resolved and whether or not any legal or ethical standards were broken during the response.]]> 2023-07-22 02:20:10 UTC https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2649391159 Slide #2: Summary of Topic smyers1111 https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2649395335 This legal guide is important for school counselors due to the increase in reports of bullying at school. Social media has caused the definition of “bullying” to become very fluid. It is getting harder and harder to determine when someone was offended or whether they were actually harassed or intimidated. School counselors are often the first person students turn to when they have been the victim of bullying or harassment. This makes it even more important for counselors to be up to date on all legal and ethical issues concerning bullying. They need to know the victim’s rights and how to address the situation without causing more harm. It is also wise for the school counselors to be aware of how they are handling the case in order to prevent any future legal action that could arise due to the response to the allegation.

An emerging issue relating to bullying is that schools are repeatedly losing lawsuits over bullying. Administrators and counselors have very full plates, but a lack of time is not an excuse when it comes to following up on a report of bullying. Students who are physically or mentally abused by bullies are able to show a lack of support from the school and are winning lawsuits. An increase in awareness about the topic of bullying and how schools are required to respond is responsible for the increase in lawsuits in Texas, so it is imperative that school counselors are well-knowledgeable about these laws.


]]> 2023-07-22 02:37:28 UTC https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2649395335 Slide #3: Professional Association https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2649569941 https://youtu.be/_Uzx6Defq8k

YouTube. (2023). YouTube. Retrieved July 23, 2023, from https://www.youtube.com/watch?v=_Uzx6Defq8k. 

This informative video is on the bullying.gov website and would be a great video to show during professional development. It is short and gets to the point. The best part of this video is it tells teachers and school staff what not to do during a bullying incident. In bullying cases, not causing more harm should be the focus of the initial contact with the students who are involved.]]> 2023-07-22 18:05:38 UTC https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2649569941 Slide #4: Current News Article 1 smyers1111 https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650577063 Ferlazzo, L. (Ferbruary 13, 2019). Review of response: Ways schools can respond to bullying. Education Week. https://www.edweek.org/teaching-learning/opinion-response-ways-schools-can-respond-to-bullying/2019/02

The article responds to a previous opinion on why some students choose to become the bully at school.

  • Students are desperate to belong.
  • If they cannot fit in by healthy means, they attempt to fit in by bullying to be "cool".
  • Teaching the social-emotional skills necessary to form positive peer relationships can help reverse this dynamic.
In his response to the above, Ferlazzo states:

  • School leaders too often address bullying with "add-ons".
  • Students, teachers, and parents need to have a clear idea of what bullying is.
  • They must also understand the protocols for reporting bullying and know how to get help.
  • Preventing bullying is the best practice for schools to follow.
  • Connect with students through an activity-based program that will result in a positive relationship with an adult.


]]> 2023-07-25 02:50:11 UTC https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650577063 Slide #5: Current News Article 2 smyers1111 https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650584828 Merod, A. (2022, October 7). Districts struggle with social media verification, reporting cyberbullying. K12dive.com. https://www.k12dive.com/news/districts-struggle-with-social-media-verification-reporting-cyberbullying/633602/ 

This article addresses the difficulties schools have when addressing cyberstalking or cyberbullying.

  • The time between the report of cyberbullying and the time it is addressed can be weeks, even months due to the time it takes to investigate online accounts and tracking them to the source.
  • The harmful behavior continues during this time and more harm is caused
  • Parents think that the school is not doing anything because so much time goes by.
  • One solution is for the school to get their social media accounts verified.
  • Some schools are running into issues getting verified due to low followers on the accounts.
  • They are fighting for social media accounts to verify all public schools since they have a federal ID number and can be verified by the government.
]]> 2023-07-25 03:00:23 UTC https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650584828 Slide #6: Original Sources of Law smyers1111 https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650593285
  • Title VI of the Civil Rights Act of 1964
  • Civil Rights Act of 1964, Pub. L. No 88-352, 78 Stat. 241 (1964).
  • Statutory Law
  • https://www.archives.gov/milestone-documents/civil-rights-act
  • This federal civil rights act authorized the attorney general to address certain equal protection violations, including those that occur in public schools, based on race, color, national origin, and Title IX. There is no federal law addressing bullying in schools, but this act protects students from being prejudiced based on any of the above qualities. For instance, if a student is facing bullying due to being a female, gender is protected under Title IX and would be available to protect this student from harassment. 
]]> 2023-07-25 03:12:32 UTC https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650593285 Slide #7: Original Sources of Law smyers1111 https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650601134
  • David’s Law-Senate Bill 179:Revised Texas Education Code (TEC) §37.0832
  • TX SB179 | 2021-2022 | 87th Legislature. (2021, June 18). LegiScan. Retrieved July 09, 2023, from https://legiscan.com/TX/bill/SB179/2021
  • Statutory Law
  • https://capitol.texas.gov/tlodocs/85r/billtext/pdf/sb00179f.pdf
  • David’s Law requires school districts to include cyberbullying in their district bullying policies and notify a child’s parents if he or she is a victim or alleged aggressor of bullying. It also defined 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. It also noted that it can involve written or verbal expression, expression through electronic means, or physical conduct. It was also key to bring up that cyberbullying off school property can still be addressed if it is interfering with a student’s educational opportunities, or affects the orderly operation of a classroom.

    • ]]>     2023-07-25 03:24:45 UTC https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650601134     Slide #8: Original Sources of Law smyers1111 https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650602776
  • School transfer for victims of bullying
  • TEX. EDUC.CODE. § 25.0341
  • Statutory Law
  • https://statutes.capitol.texas.gov/Docs/ED/htm/ED.25.htm
  • This law allows for the transfer of the bullying victim to another class or school with the identification of the incidents and proof of harm that was caused.

    • ]]>     2023-07-25 03:27:30 UTC https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650602776     Slide #9: Original Sources of Law smyers1111 https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650610693
  • Schools may be held responsible for not responding to bullying incidents
  • Davis v. Monroe County Bd. of Ed., 526 U.S. 629 (1999)
  • Judicial Law
  • This court decision noted that because there is an implied private right to education under Title IX, private damage actions may lie against schools that are indifferent to harassment that is severe enough to prevent victims from enjoying educational opportunities.

    • ]]>     2023-07-25 03:38:54 UTC https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650610693     Slide #10: Policy or Rule from a school or institution smyers1111 https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650614986
  • Student welfare: Freedom from bullying (bullying includes cyberbullying)
  • WICHITA FALLS ISD, (2017)-School Board Policy.
  • Administrative Law
  • https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1228&code=FFI#localTabContent
  • This policy gives the right for the victim to report the incident in person or in writing. An appropriate investigation will follow and will determine if disciplinary action is necessary. If the victim proves they were the target of bullying they will not be given any disciplinary corrections. If an incident of bullying is confirmed, parents of the victim and of the student who engaged in the bullying must be promptly notified. Confidentiality must be kept to the greatest extent possible.

    • ]]>     2023-07-25 03:44:55 UTC https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650614986     Slide #11: Ethical Principle smyers1111 https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650625231
  • ASA Code of Ethics
  • B.2.a Serious and Foreseeable Harm and Legal Requirements
  • American Counseling Association, (2014) Code of ethics. 
  • https://www.counseling.org/resources/aca-code-of-ethics.pdf
  • As a school counselor, it is expected to maintain the confidentiality of the students who are being served. However, if any student reveals to the counselor that they plan on harming another student. Legal requirements state that the counselor must reveal confidential information in order to protect against any foreseeable harm.

    • ]]>     2023-07-25 04:01:33 UTC https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650625231     Slide #12: Non-Law Source smyers1111 https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650635133
  • The School Counselor’s Role in Bully Prevention
  • Landen, J. (n.d.). The school counselor’s role in bully prevention. U.S. Career Institute. https://www.uscareerinstitute.edu/blog/the-school-counselors-role-in-bully-prevention 
  • https://www.uscareerinstitute.edu/blog/the-school-counselors-role-in-bully-prevention
  • The article is useful for school counselors because it helps identify the different types of bullying. It also offers some tips on how to minimize cyberbullying. Key points in this article are ways to improve student social and emotional skills. One final area of interest in this article is ways the counselor can be available to the student and the parents and advocate for the student to the administration. All of these prevention techniques can help minimize future litigation due to bullying allegations.

    • ]]>     2023-07-25 04:17:34 UTC https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650635133     Slide #13: Best Practices for Compliance/Recommendations smyers1111 https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650640430
  • Find out why students are bullying other students.
  • Make sure your staff know what "Not" to do when responding to a bullying incident
  • Explain to your staff how to not cause more harm to the bullying victim when gathering information about the incident.
  • Make sure school officials understand the definition of bullying and that it includes cyberbullying.
  • When a student or parent reports that bullying is occurring, make sure the person who is designated to receive the reports completely understands the district's policies. 
  • Counselors must understand that the confidentiality of a student may need to be broken in order to protect others.
    • ]]>     2023-07-25 04:24:56 UTC https://padlet.com/smyers1111/jm74c37ufit2gurd/wish/2650640430