Districts balance state, local policies in bullying response From the cover
The approach
Two-minute impact
Montgomery said. “If the adults take it seri- ously, then the kids know it’s going to be taken seriously.” Molak said it’s common for parents and districts to disagree on what constitutes bullying. Her antibullying organization, founded after her son died by suicide after being cyberbullied, provides legal aid to families and championed the passage of Texas Senate Bill 179, also known as David’s Law. The law was enacted in 2017 to require districts to respond to cyberbullying that occurs off campus, including contacting law enforcement when necessary. A rise in cyberbullying has presented new challenges for district officials who must address bullying off school premises. LTISD and EISD officials said it can be difficult to respond to cyberbullying as many perpetrators remain anonymous on social media, and the district isn’t aware of it until students come forward. “It’s so hard to manage,” May with EISD said.
Parents and students can report bullying directly to district staff or through anonymous forms. After an incident is reported, a campus principal or assistant principal will conduct an investigation to determine if it qualifies as bullying under state law, district officials said. If an incident meets the legal definition of bullying, the disciplinary response can differ due to the circumstances, campuses or administrators involved in the incident, district officials, antibullying advocates and parents said. Jennifer Montgomery, a parent in LTISD and president of Lake Travis Voices for Progress, said her two children had contrasting expe- riences related to bullying at their separate campuses, which she believes is due to differ- ent leadership. Teachers intervened promptly when her son experienced bullying, while her daughter’s school failed to take a threat toward her seriously, she said. “I think it really comes from the top down,”
Former LTISD parent Shawna Mannon sued the district for $1.5 million in April on behalf of her son for its “failure to address the ongoing bullying” he experienced because of his peanut allergy, according to the lawsuit. Mannon shared at a Nov. 15 board of trustees meeting that two of her son’s teammates on the Lake Travis High School football team placed peanuts in his athletic locker. The district’s investigation determined the legal de nition of bullying was not met—a ruling that was a rmed by a review from the TEA. Mannon led a grievance with the district that closed in February, and her son has transferred out of the district to Leander ISD. LTISD and EISD have adopted similar policies that require campus administrators to investigate any reported incidents of bullying. If parents disagree with the district’s determination, they may challenge it through a multistep grievance process. “I have seen very few grievance processes that have turned out in favor of the parent. It is not designed to be parent-friendly,” said Maurine Molak, co- founder of David’s Legacy Foundation, an advocate for antibullying legislation and education. As a national issue, bullying a ects individuals across all sexes, sexual identities, races and ethnicities both at school and online, the latter of which districts are still grappling with how to address.
When an incident is reported, there are a series of steps districts must follow to address the concern and determine if the situation qualifies as bullying.
Incident occurs
High school students bullied in 2021 nationwide
Reported to district employee • Students or parents can report incidents directly to staff in person or through emails or phone calls.
Reported anonymously • David’s Law requires districts to provide ways for students to anonymously report bullying. • Districts provide anonymous tip lines online.
At school
Electronically
17%
Female
20%
Sex
The district must notify parents of: • the alleged victim in three business days • the alleged perpetrator within “a reasonable amount of time”
13%
Male
11%
American Indian/ Alaska Native
18%
21%
11%
Asian
Campus principal or assistant principal opens an investigation into the incident
13%
9% 10%
Black
12%
Hispanic
Race & Ethnicity
13%
Many school districts use the Texas School Safety Center’s Bullying Checklist , which considers how the incident happened, the effect it had on the student and where it occurred to determine if it qualifies as bullying.
Native Hawaiian of Pacific Islander
9%
10%
18% 19% 18% 17%
White
Multiracial
It's not bullying • Parent may appeal the decision through the grievance process
It’s bullying Campus principal will decide outcome, such as: • restorative, educational or counseling services • stay away agreement • in-school suspension • disciplinary alternative education program • expulsion
12%
Heterosexual
13%
Sexual identity
23%
LGBTQ+
27%
SOURCE: CENTERS FOR DISEASE CONTROL AND PREVENTION YOUTH RISK BEHAVIOR SURVEY 2021 COMMUNITY IMPACT
SOURCE: TEXAS SCHOOL SAFETY CENTER/COMMUNITY IMPACT
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