Audience: Families, should be aware of their rights and what constitutes bullying. Parents should understand how schools determine if an incident/s is considered bullying and how to work with the schools to help their child even if the case is not bullying. 

Perspective: As a professional school counselor it will be my responsibility to ensure that everyone on my campus feels welcomed and can learn. Advocating for all students means that I will be responsible for counseling the victim and the bystanders. Understanding the laws that govern this legislation and what falls under my role and the administration's role is vital to fulfilling my responsibilities. 

My Why: My students and families should feel safe. Students can’t learn if they don’t feel safe. Teaching students how to respect themselves and others is an important goal for my school counseling program

There are many laws, guidelines, and standards that support bullying education and prevention. Tex. Edu Code §37.0832(c) requires districts to adopt policies and procedures to prevent and educate on bullying prevention. This code also requires school districts to have a plan of action when bullying is reported. The superintendent is responsible for ensuring these things occur. Another important legislation piece when it comes to bullying is David’s Law which was adopted during SB 179 in 2017. This law requires that school districts have bullying and cyberbullying policies for their districts (David's Legacy Foundation, 2024). The American School Counselors Association has also created a code of ethics with a section dedicated to bullying and ethical practices (American School Counselor Association, 2022).

The commissioner of education is over Title 1 and Title 2 Mike Morath currently holds this position in Texas. The State Board of Education is responsible for enforcing the code of ethics. The Texas Legislature is the governing body of Senate Bill 179. 

• Gives power to the states (U.S. Const. amend. X).

• Statutes, codes, ethics, and legislative laws from the states have been created to protect students from bullying

• ensures that they have an environment where they are free to learn without harm or distractions.

Reference

• U.S. Const. amend. X

Texas Constitutional Law: Tex.Const.art.7,§1

• Knowledge is essential to preserving our rights and liberties.

• Legislature has a duty to maintain efficient and free public schools. This law impacts bullying & confidentiality because students cannot gain essential knowledge if they feel threatened when they come to school. Also, our school cannot be efficient if we don’t have counseling programs built on trust between

Tex. Const. art. 7, §8 says that there will be a State Board of Education that governs and performs duties according to the law. The Texas Education Agency administers the laws and rules that govern education and the State Board of Education is responsible for ensuring that the Texas administrative code is followed (Texas Education Agency, 2024). 

Reference

Tex. Const. art. 7, §8

Tex.Const.art.7,§1

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm#7.18

• Prohibits bullying

• requires bullying education/prevention

• requires schools to create a plan ahead of time that will allow them to handle bullying appropriately

• Parents must be notified within a specific time frame

Reference

Tex. Educ. Code §37.0832

Website

https://statutes.capitol.texas.gov/docs/ed/htm/ed.37.htm

An 8 year old boy was harassed verbally and physically for month that eventually led to sexual assault in the bathroom at school. Reports of the bullying had been reported to the school, to many different people. The court ruled in the districts favor because the parent did not file proper complaints in the required time frame (Nicole B. v. Philadelphia Sch. Dist., et al. 2020). 

• Reports must be submitted in a timely manner so that the claims can be addressed promptly. 

• reports must be submitted to the correct authority

Reference:

Nicole B. v. Sch. Dist. of Phila., 237 A.3d 986 (Pa. 2020)

Website:

https://casetext.com/case/nicole-b-v-sch-dist-of-phila-5

• No one will be discriminated against, excluded from participation, or denied benefits based on sex (Title IX, 2018).

• While there is no federal law against bullying, Title IX should be considered in bullying cases. Students rights may have been violated based on what occurred.

Reference

Education Amendments Act of 1972, 20 U.S.C. §§1681 - 1688 (2018).

https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter38&edition=prelim

• Bullying of any kind is prohibited in Hutto ISD

• Reports of bullying should be reported in a timely manner

• Investigations must be concluded in 10 business days from the date the incident/s were reported.

• The parents of the victims must be notified within 3 business days

• The parents of the  student reported to have done the bullying must be notified in a reasonable amount of time.

(Hutto ISD, Student Welfare: Freedom from Bullying, Hutto ISD, 2024)

https://pol.tasb.org/PolicyOnline/PolicyDetails?key=1242&code=FFI#legalTabContent

When bullying occurs in schools there are many risks involved. One of the biggest risks is our students' health and safety. When students are not safe in school they cannot learn. Bullying if not addressed can lead to students being harmed or injured physically or emotionally which can have many effects on their well-being. These incidents can also lead to parents reporting to the media or filing lawsuits if policy and protocols are not followed. 

Risk management steps: 

• Adopt an antibullying policy

• Implement a reporting tool

• Teach children how to identify bullying and how to stand up against it

• Make sure adults are monitoring closely 

Ethical Standard A.11.a

a. Recognize that bullying, discrimination, bias and hate incidents rooted in race, gender, sexual orientation and ethnicity are violations of federal law and many state and local laws and district policies (American School Counselor Association, 2022). 

Connection

• Bullying in schools carries heavy consequences. This standard reminds me to be mindful of how I proceed. Not every student bullied may use the word but it is my responsibility to label and identify and provide the necessary support.

  
  

Reference

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

Website

https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

I had little personal connection to laws before this course began. I knew important laws that I needed to follow to do my job but I had no idea how to find them or read them. I realized that I was following many laws because I had mentors along the way who taught me what was important and how to do my job well. However, as I prepare to step into this new role as a counselor the connection between law and counseling is vital. These two are intertwined and I must be able to do my job and ensure that I am following the law. This has allowed me to create goals for myself. I need to ensure that as a new counselor, I find a mentor who will help me learn not only the job but all the mandates, policies and laws that will lead my decision making. I have also found that knowledge makes me feel accomplished. Learning about legal & ethical standards has given me confidence to ensure that I know they why behind my decisions.