Legal Guide Padlet by Megan Blizzard https://padlet.com/meganbl/mlrlkmrs9e0w3ygv Guide to understanding bullying laws in Texas schools. en-us 2020-07-18 20:16:08 UTC 2026-02-09 20:29:45 UTC hello@padlet.com Slide #1 My Professional Perspective meganbl https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657531754      Bullying in schools is a hot legal topic in education right now.  Though bullying in schools has always existed, with technology and social media, there is more discussion surrounding cyberbullying and what authority school districts have in discipline. I chose this topic because I believe it is a serious issue that will always be present in education, and likely ever-changing, therefore, keeping current with the legal aspects in regards to bullying in education is paramount to the role of the school counselor. 
School counselors play an important role in handling bullying situations, as well as educating staff in regards to laws and policies. This Padlet is designed to educate teachers and other school staff members on the current laws and policies regarding bullying and cyberbullying.  
      ]]> 2020-07-18 20:18:24 UTC https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657531754 Slide #2 Interview meganbl https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657533627
  • For this assignment, I interviewed Fredericksburg Primary School Counselor, Kim Wilson in regards to her insight into bullying and education. 
  • Bullying is nothing new in the education field.  The primary school level tends to witness less bullying than the secondary level, but it does still occur.  In today's society there are more opportunities for cyberbullying and bullying to take place off campus than in previous decades.  Cyberbullying has made it difficult for school districts to intervene.  
  • David's Law has had significant impact on the educational system in Texas.  School districts now have clear definitions of what bullying and cyberbullying consist of.  Furthermore, districts now have the ability to impose disciplinary actions for cyberbullying that takes place off campus.  While the primary school has not had any cases of cyberbullying, on campus bullying has been present, and what is outlined in David's Law has made it easier for counselors to provide assistance to both victims and perpetrators.  
  • Best practices in regards to bullying include:
    • Prevention - implementing a social/emotional curriculum
    • Communication - between all parties; students, staff, parents.
    • Rehabilitation - providing appropriate services and resources to both the victim and perpetrator.
  • Bullying is one of those topics in education that is never going away.  There has been a shift from face-to-face bullying, now to cyberbullying.  We have witnessed bullying based on race, gender, religion, and disabilities.  Now that we are in the midst of a global pandemic, we will likely witness bullying or discrimination in regards to COVID-19.  The coming months will prove challenging as we learn to navigate bullying both on campus and virtually.  Having David's Law guiding us forward will be helpful (K. Wilson, personal communication, July 14, 2020).
    • ]]>     2020-07-18 20:26:33 UTC https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657533627     Slide #3 Professional Association meganbl https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657533710
  • American School Counselor Association. (2016).   The school counselor and the promotion of safe schools through conflict resolution and bullying/harassment prevention.  Retrieved from https://schoolcounselor.org/asca/media/asca/PositionStatements/PS_Bullying.pdf
  • The American School Counselor Association recognizes that a safe and caring school climate has a positive impact on student academic achievement and their social and emotional development.   
  • One key to fostering such an environment is through bullying, harassment and violence prevention programs led by school counselors. 
  • When school counselors collaborate with teachers, administrators, and parents, students can learn positive communication and problem solving skills to facilitate a safe and caring environment for all.  

    • ]]>     2020-07-18 20:26:57 UTC https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657533710     Slide #4 Current News Article meganbl https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657533840
  • Bullying Can Cost Schools Millions. (2017). The Science Teacher, 84(6), 26-28. Retrieved July 19, 2020, from www.jstor.org/stable/26389300
  • For states such as Texas that rely on average daily attendance of students to provide for school funding, bullying can have a financial impact.
  • When students avoid attending school because of bullying, the district then loses money.
  • This is just one reason it is important to have programs and policies in place to prevent bullying and promote a positive school climate.
    • ]]>     2020-07-18 20:27:29 UTC https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657533840     Slide #5 Current News Article meganbl https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657533886
  • Childress, J. (15, August 2017).  David's law combats bullying in schools.  Legal Digest.  Retrieved from https://www.legaldigest.com/davids-law-combats-bullying-in-schools/
  • David's Law was passed in honor of David Molak, a 16-year-old student from San Antonio, Texas who committed suicide after extensive cyberbullying. 
  • Cyberbullying is bullying that is done via electronic device. 
  • School districts can impose disciplinary measures on those involved in off-campus cyberbullying if the cyberbullying interferes with a student's educational opportunities or disrupts the learning environment.
  • David's Law was designed to empower school districts and principals to address bullying and also provide for rehabilitation.

    • ]]>     2020-07-18 20:27:41 UTC https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657533886     Slide #6 Constitutional Law meganbl https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657534029
  • U.S. Const. amend. I. 
  • Congress shall make no law restricting the freedom of speech.
  • This law is often referenced in regards to bullying and cyberbullying.  
  • This law limits how governments and school districts can intervene with bullying and cyberbullying situations.
    • ]]>     2020-07-18 20:28:17 UTC https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657534029     Slide #7 Judicial Law meganbl https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657534414
  • Tinker v. Des Moines Independent Community School District, 393 US 503 (1969). 
  • In 1965 a group of students in Des Moines agreed to wear black armbands to show support for truce in the Vietnam War.  
  • The school district stated that students who refused to wear the armbands would be suspended.
  • Students sued the school district for violating their right to freedom of speech protected under the First Amendement.
  • The court concluded that the school district was well within its right to suspend the students citing that wearing the armbands caused disruption to learning and overall feeling of student safety.
  • This case established that school districts have the legal right to restrict student speech granted by the First Amendment, IF by exercising free speech or action, there is  potential to cause disruption or interfere with school activities, or interferes with the rights of others to feel secure.  
    • ]]>     2020-07-18 20:30:04 UTC https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657534414     Slide #8 Statutory Law meganbl https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657759429
  • David’s Law Texas Education Code (TEC) §37.0832
    • David's Law...
    • broadens the term bullying to also include cyberbullying. 
    • enables those other than counselors to make reports to law enforcement.
    •  requires the district to notify parents of the victim within three days of report.
    • mandates that school boards enact policy to allow for students to anonymously report bullying.
    • requires mental health, prevention and mediation training for employees.




    ]]>     2020-07-19 14:20:05 UTC https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657759429     Slide #9 Administrative Law meganbl https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657759507
  • Russlynn, A. (2010, October 16).  Dear Colleague Letter.  Washington, DC: Department of Education,  Office for Civil Rights.  Retrieved from https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf
  • Though there are currently no federal laws that address bullying, there is some overlapping with civil laws enforced by the Department of Education or Department of Justice.  
  •  Title IX of the Education Amendments of 1972  states that no student on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
  • Schools that fail to respond to bullying or harassment on the basis of  sex, color, race or national origin are violating these civil rights. 
    • ]]>     2020-07-19 14:20:16 UTC https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657759507     Slide #10 Local Administrative Law/Policy meganbl https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657759551
  • Fredericksburg Independent School District. (2017, November 16). Student Handbook, Section 1, Other Important Information for Students and Parents, p.36 
  • Fredericksburg Independent School District prohibits bullying and retaliation against anyone involved in the complaint.
  • Any employee who suspects of receives notice of bullying must immediately report it to the campus supervisor. 
  • Upon investigation, if bullying is found to have occurred, this district will take prompt disciplinary or corrective action.

    • ]]>     2020-07-19 14:20:28 UTC https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657759551     Slide #11 Ethical Principles meganbl https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657759584
  • American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf
  • Standard A.11.a  states that school counselors will report to administration all incidents of bullying or harassment, provide services to both victim and perpetrator as appropriate, and  defer discipline issues to administration.
  • Teachers and school counselors are often the first ones informed when bullying is taking place. Open communication between teachers, counselors, and administration is key in providing appropriate intervention and services for all parties involved.

    • ]]>     2020-07-19 14:20:37 UTC https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657759584     Slide #12 Non-Law Source meganbl https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657759628
  • Graham, S. (2010).  American Psychological Association.  Bullying: A module for teachers.  Retrieved from https://www.apa.org/education/k12/bullying
  • This website offers a wealth of information regarding bullying and harassment in schools.
  • Information contained includes how to identify bullying, interventions, and links to additional sources of information and guidance.

    • ]]>     2020-07-19 14:20:47 UTC https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657759628     Slide #13 Recommendations meganbl https://padlet.com/meganbl/mlrlkmrs9e0w3ygv/wish/657759668 Bullying has been and will likely always be a hot legal topic in the educational field.  Protecting ourselves and our students can be done by following best practices as outlined below:

    • Prevention - have a social/emotional curriculum in place. 
    • Clearly stated policy - have policy regarding bullying clearly stated and available for all student/parent/community members. 
    • Reporting - report suspected bullying as soon as possible. 
    • Communicate - communication between staff/administrators/students/and parents is key. 
    • Stay current - keeping up to date with the changing laws and practices regarding bullying is essential. 
    • Rehabilitate - bullying is an act, not a person. Rather than labeling a child as a bully, provide resources and services to assist in the rehabilitation process.


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