Cyberbullying: Trends and Legal Issues by Parker Hallmark https://padlet.com/phallmark/s79w4xy0nb4oko9y en-us 2021-07-16 15:36:10 UTC 2025-04-04 06:41:06 UTC hello@padlet.com Slide #1: My Professional Perspective phallmark https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652792024 School safety seems to be an ever-changing phenomenon.  With technological advances, student safety issues have evolved faster than ever.  As a fourth grade teacher, and aspiring school counselor, student safety is a top concern.  As more and more students become adept with technology and social media, cyberbullying is creeping into all facets of education, including elementary schools.  In fact, as many as one in four students will become victims of cyberbullying at some point during their school career, and it is happening across all age groups (Florang, 2020).  The effects of such victimization can be extreme, including depression, anxiety, isolation, and even suicide ideation (Florang, 2020). 
As an elementary teacher, I have encountered cyberbullying in several ways.  Not only have I seen students make inappropriate comments to other students, but I have also seen instances of students making threatening comments toward teachers in online forums.  Cyberbullying is a difficult legal topic because it can occur off-campus, yet have impacts on students and teachers in the classroom (Florang, 2020).    It seems likely that with increased technology and social media usage, this is an issue that will only become more prevalent, and educators must be ready to address the issue.  The purpose of my Legal Guide is to inform school counselors and teachers alike about the unique legal issues surrounding cyberbullying.

Florang, J. E. (2020). Cyberbullying: New approaches for school counselors. ​Journal of School Counseling, 18(​ 10-18), 1-24. ]]> 2021-07-16 15:40:35 UTC https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652792024 Slide #2: Interview With Mandy Hooker: School Counselor at Fort Concho Elementary phallmark https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652807074 Mandy Hooker is the school counselor at Fort Concho Elementary in San Angelo, Texas.  She has nearly a decade of experience in the counseling field, and has seen an increase in certain issues related to technology use, including issues related to cyberbullying.  Hooker feels that understanding the issue of cyberbullying is particularly important today because of the potential for serious reactions of victims, as in the case in youth suicide.  She mentioned that one of her great fears is having a student take their life on her campus, and understands the immensely detrimental impact it would have on all students.  Hooker is also concerned with the possibility that there are many times kids are targeted online and no adult is made aware (M. Hooker, personal communication, July 2, 2021).
            Best Practices
  • Schools should have clearly defined technology rules.
  • Schools should educate parents on the trends, effects, and consequences of cyberbullying.
  • Schools should survey students to determine if cyberbullying is prevalent on their campus (M. Hooker, personal communication, July 2, 2021).
As youth suicide becomes more common, Hooker is aware of the potential negligence involved if schools do not act in instances of cyberbullying.  For this reason, she believes there should be a push to educate students, staff, parents, and administrators regarding the seriousness of the issue, as well as the potential legal issues surrounding cyberbullying.  Hooker has dealt with the issue on her campus twice, once in the case of a male student threatening a female student with lewd messages, and again with upper grade students making threats to a teacher via an online platform.  Each case was handled differently, but parent notification and support was crucial in each case, according to Hooker (personal communication, July 2, 2021).

]]> 2021-07-16 16:00:41 UTC https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652807074 Slide #3: Professional Association Material phallmark https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652864717 The following publication from the American School Counselor Association provides a great summary of recent, conflicting court decisions regarding cyberbullying and free speech.  Several cases are summarized, and some of the court rulings contradict what other courts have ruled in similar cases.  This article reminds educators of the delicate issue of the balance between free speech that is protected, and speech that disrupts school and is not protected.

Stone, C.  (2013, May 1).  Cyberbullying: Disruptive conduct or free speech?  American School Counselor Association.  https://www.schoolcounselor.org/Magazines/May-June-2013/Cyber-Bullying-Disruptive-Conduct-or-Free-Speech]]> 2021-07-16 17:16:24 UTC https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652864717 Slide #4: Current Article 1 phallmark https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652897164
  • The percentage of schools that deal with issues on a weekly basis has increased in elementary, middle, and high schools since 2015 (Klein, 2019).
  • Jethro Jones, a former principal quoted in the article, expressed much surprise that the numbers were not considerably higher given that he deals with online bullying issues on a near daily basis (Klein, 2019).
  • Jones recommends teaching kids the THINK strategy before responding to anything online as one measure to decrease cyberbullying issues (Klein, 2019). 
    • Klein, A.  (2019, July 25).  Cyberbullying on the rise in U.S. schools, federal report finds.  Education Week.  https://www.edweek.org/leadership/cyberbullying-on-the-rise-in-u-s-schools-federal-report-finds/2019/07
    ]]>     2021-07-16 18:02:32 UTC https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652897164     Slide #5: Current Article 2 phallmark https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652898493
  • A cheerleader was suspended by her school for posting vulgar, disparaging comments about the squad on Snapchat (Walsh, 2021).
  • The cheerleader sued claiming her right to free speech; the court sided with the cheerleader as her speech did not materially disrupt the school's function or the function of any individual students (Walsh, 2021).
  • This case points out the delicate line between protected speech and unprotected speech, and educators have to be sure the school or students are negatively affected at school if speech happens away from campus.
    • Walsh, M.  (2021, June 23).  U.S. Supreme Court rules for cheerleader who posted vulgar Snapchat message.  Education Week.  https://www.edweek.org/policy-politics/u-s-supreme-court-rules-for-student-on-regulation-of-off-campus-speech/2021/06
    ]]>     2021-07-16 18:04:51 UTC https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652898493     Slide #6: First Source of Law-Judicial Law phallmark https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652918448
  • A Beverly Hills Vista High student recorded herself and her friends bullying another student at a restaurant off-campus.
  • She later posted the video to YouTube.
  • The victim did not want to go to class due to embarrassment, but the counselor convinced her to go; she missed a small portion of class.
  • The school suspended J.C. for two days, but J.C. sued and the court sided with J.C. saying the off-campus speech did not negatively, directly impact school function and was protected by the first amendment.

    • J.C. v. Beverly Hills Unified School District, F. Supp. 2d 1094 (C.D. Cal. 2010).  https://casetext.com/case/jc-v-beverly-hills-unified-school-district
    ]]>     2021-07-16 18:40:17 UTC https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652918448     Slide #7: Second Source of Law-Statutory Law phallmark https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652919629
  • Section 37.0832 of the Texas Education Code defines both traditional bullying and cyberbullying.
  • The statute further allows for disciplinary action against a cyberbullying perpetrator, even if the incident happens away from school grounds, if it interferes with student or school function.
  • Additionally, the statute requires counselors to provide counseling services to victims, witnesses, and the perpetrators themselves.
    • 2 Tex. Educ. Code § 37.0832 (2017). https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.0832
    ]]>     2021-07-16 18:42:23 UTC https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652919629     Slide #8: Third Source of Law-Administrative Law phallmark https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652919991
  • The Dear Colleague Letter issued by the U.S. Department of Education acknowledges steps school districts have taken to combat both bullying and cyberbullying (Ali, 2010).  It clearly supports these steps and decries bullying in any form (Ali, 2010).
  • The letter goes a step further, and cautions schools and districts not to overlook potential violations of the Civil Rights act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, or Title II of the Americans With Disabilities Act of 1990 (Ali, 2010).
  • In the letter, Ali (2010) cautions that districts could be held responsible for "looking the other way" in cases of bullying that also violate any of the other statutes previously mentioned.
    • Ali, R.  (2010, October 26).  Dear colleague letter.  U.S. Department of Education.  https://www2.ed.gov/print/about/offices/list/ocr/letters/colleague-201010.html
    ]]>     2021-07-16 18:43:03 UTC https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652919991     Slide #9: Fourth Source of Law-Constitutional Law phallmark https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652920221
  • The First Amendment provides U.S. citizens the right to free speech, and congress is not permitted to make any law restricting such speech (U.S. Const. amnend. I)
  • The first amendment to The Constitution provides the legal basis for perpetrators to challenge an disciplinary actions.

    • U.S. Const. amend. I
    ]]>     2021-07-16 18:43:31 UTC https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1652920221     Slide #10: Local Policy phallmark https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1653018037 San Angelo Independent School District local policies are rooted in the Texas Education Code, and they further solidify the potential for action to be taken against bully perpetrators even in the event the offense happens off school grounds. Local policies also give detailed timelines for when notifications are to be made to all parties, including parents of the victim and the bully.

    San Angelo Independent School District Board Policy Manual, Freedom from bullying § FFI, (2017). 
    https://pol.tasb.org/Policy/Download/1139?filename=FFI(LOCAL).pdf
    ]]>     2021-07-16 22:08:42 UTC https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1653018037     Slide 11: Ethical Principle phallmark https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1653021994 Section A.9.d of the ASCA Ethical Standards for School Counselors (2016) calls upon counselors to report to parents/guardians and authorities in the event of foreseeable harm, including instances of bullying.  The same code also requires ethical counselors to follow all laws-local, state and federal-regarding reporting of bullying issues.  These are complex issues and it is likely that consultation with experienced peers would be prudent in the case of cyberbullying and its effects on schools and students.

    American School Counselor Association.  (2016).  ASCA ethical standards for school counselors.  https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf]]>     2021-07-16 22:17:54 UTC https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1653021994     Slide 12: Personal Connection phallmark https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1653027453 Bullying, on its own, can already be a difficult subject.  In today's complex and connected world, bullying takes on a new form, and victims can feel isolated and hopeless.  This is a feeling I hope no student ever feels, and why we must work hard to increase awareness and intervene when necessary.  By understanding the legal principles associated with cyberbullying, my view of the problem is much broader, and I feel well-equipped to help students in need.  I also feel that I understand the delicate topic of free speech as it pertains to cyberbullying.  The thought of a student feeling hopeless enough to take drastic measures to make it stop is unthinkable, and we must understand the laws and ethical requirements to do everything in our power to help victims and bullies.]]> 2021-07-16 22:31:26 UTC https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1653027453 Slide 13: Best Practices and Recommendations phallmark https://padlet.com/phallmark/s79w4xy0nb4oko9y/wish/1653044778
  • Educate parents about the effects of cyberbullying through annual parent nights.
  • Train staff annually about the signs of bully victimization.
  • Establish a committee, including parents, teachers, staff, administrators, and community members, to support best professional decision-making in response to complex issues, such as cyberbullying.
  • Establish procedures for students to anonymously report cyberbullying in accordance with state and local laws.
  • Provide empathy training in whole group and small groups in order to teach students to understand others' feelings better.
  • Establish regular PLC meetings to stay up to date on recent legal issues trends in cyberbullying and related incidents.
  • Conduct semi-annual surveys of students, staff, and parents to gauge the prevalence of cyberbullying.

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