Bullying has always been a problem at schools however with the prevalence of phones and other technology including apps like Snapchat and Twitter, cyberbullying has grown increasingly common.

• (Chen, 2023) 

It is important to understand the counselor’s and school’s responsibility when a student is being cyberbullied.  The issue becomes complicated when the bullying occurs outside of school but is affecting the student's well-being on campus.

Audience

From my role as a school counselor, I will present this legal guide at the beginning of the year for teachers and staff at the secondary level.

Motivation

I chose this topic because cyberbullying is on the rise and it has detrimental effects on the mental health of students.

• (Bansal et al., 2024) 

Texas Education Agency (TEA)

• Enforces the Texas Education Code which includes the laws and rules passed by the Texas legislature.

• (Texas Education Agency, 2021)

Senate Bill 179, or David’s Law (2017)

• TEA expanded its definition of bullying to explicitly include cyberbullying.

• Includes off-campus cyberbullying that disrupts the school day or interferes with the victim's ability to learn

• Schools are required to contact a student’s parents if the student is the victim of cyberbullying within three business days

• Schools must contact the parents of the perpetrator

• Schools may work with law enforcement to address cyberbullying issues

• Schools must create an anonymous reporting system for bullying to prevent retaliation.

• (David’s Law, 2017)

• Link to Full Text

Accountability: If a student continues to bully or the school doesn't intervene appropriately:

• The victim may file for a temporary restraining order. 

• The offender may be charged with a Class A misdemeanor.

• Complaints may be made against the school with TEA.

• (Tex. Educ. Code § 37.0832) 

  
  

FEDERAL:

The Department of Education

• Set guidelines and policies to manage and organize federal assistance for education.

• Policies are authorized by Congress and then are signed into law by the president.

  
  

The Office of Civil Rights

• Enforces civil rights laws that prohibit discrimination in schools receiving funds from the Department of Education.

• Processes complaints about discrimination in schools

• Discrimination Complaints can also be filed in Federal Court

• (U.S. Department of Education, 2023)

Equal Rights:

• Texans are entitled to equal rights, no group is allowed more privilege over others.

• This applies to the issue of cyberbullying because all students deserve equal access to public education.

• A student who is being severely bullied may not feel safe at school and the discrimination may disrupt the learning environment.

• (Tex. Const. art. I, §1)

Rights of Crime Victims:

Crime victims in Texas have a right to:

• Be treated fairly and respectfully.

• Protection from the perpetrator.

• This applies to the issue of cyberbullying because schools should treat these students with dignity and respect if they are being harassed.

• David's Law (2017) says that victims of cyberbullying can apply for a temporary restraining order from the cyberbully.

• David's Law (2017) also ensures schools establish anonymous reporting of incidents to protect them from retaliation.

• (Tex. Const. art. I, §30)

• Link to Full Text

The U.S. Constitution:

Freedom of Speech

• The First Amendment guarantees freedom of speech, but there are safeguards for schools.

• Schools may restrict speech if it disrupts the educational environment.

• This applies to bullying and reinforces the need to protect students from bullying and cyberbullying because it disrupts learning and student mental health.

• (U.S. Const. amend. I)

• Link to Full Text

Texas Penal Code

• A person commits an offense if they use electronic communication or posts online about someone “with intent to harass, annoy, alarm, abuse, torment, or embarrass another.”

• (Tex. Pen. Code § 42.07).

• Link to Full Text

Consequences:

• A Class A or B Misdemeanor charge depending on the nature of the violation (Saputo, 2024). 

• In cases of minors, the Juvenile Justice System determines the punishment (Bruchmiller & Nielsen, 2017).

  
  

ADMINISTRATIVE LAW:

Texas Education Code

• School districts will establish a Student Code of Conduct to prohibit bullying and harassment to promote a safe learning environment. 

• If a student violates the Student Code of Conduct may be suspended or placed in a disciplinary alternative education program.

• (Tex. Educ. Code § 37.0832)

• Link to Full Text

• A high school student made harassing comments about a classmate on her MySpace page.

• When the student was suspended, she sued the school for violating her First Amendment right to free speech. 

• The U.S. Appeals Court decided the school was within its right to suspend her due to the disruption it caused at school and to protect the other student’s well-being at school and rights to an education.

• This set a precedent for responding to cyberbullying even if it occurs off-campus. 

• Link to Full Text of Law

The Civil Rights Act of 1964

• Prohibits discrimination based on race, sex, and religion in many areas, including education. 

• Schools are obligated by law to address the harassment if it involves one of those factors.

• (Civil Rights Act, 1964).

• Link to Full Text

Accountability

• The U.S. Department of Education addresses harassment based on a student's sex, disability, race, and ethnicity.

• The U.S. Department of Justice is responsible for addressing harassment based on religion.

• (U.S. Department of Justice, 2023)

  
  

• Prohibits bullying, including cyberbullying

• Bullying includes physical contact, electronic contact, spreading rumors, verbal abuse, intimidation, hazing, mocking, physical restraint, aggression, theft, or ostracism.

• If an employee has information about a student or group of students being bullied, they must immediately notify an administrator.

• (Dripping Springs Independent School District, 2024)

• Link to Full Text

1. Establish a student code of conduct that outlines expectations for social media use and the expectations on and off campus.

2. Provide training for students and staff on the impact of cyberbullying and the consequences of breaking the established policies.

3. Educate the community on internet safety, including cyberbullying.

These risk management strategies are important preventative measures to reduce cyberbullying on school campuses but also to reduce out-of-school cyberbullying as well. All stakeholders must understand that harassment that occurs outside of school can still negatively affect the educational environment and student well-being.

• (Texas Education Agency, 2023a)

Students are entitled to a school environment that is:

• Physically and emotionally safe

• Inclusive

• Free from all forms of bullying and discrimination

Counselors Ethical Obligations:

• Understand the federal, state, and local laws and district policies regulating bullying and discrimination

• Advocate for policies and training to educate students and staff on bullying

• Report all bullying events to the administration and understand that these incidents may fall under federal and state laws that legally require intervention. 

• Provide victims of bullying a safe place and support

• Recommend outside resources to help with healing. 

• Utilize restorative practice to encourage change and growth with the perpetrator

  
  

• (American School Counselor Association, 2022)

• Link to Ethical Standards