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Legal Opinions
by Sylvia Martinez-Haley, staff attorney
Keep bullying at bay
Addressing aggressive student behavior is your responsibility
Bullying can destroy a healthy classroom environment; it can even destroy a career. The hearing examiner in the 2000 case Dallas ISD v. Edwards recommended that a teacher’s contract be terminated for, among other things, failing to curb bullying in her classroom.
The teacher, the hearing examiner concluded, had refused to intervene when bullies cut a boy’s shirt with scissors and told him he would be stabbed if he returned to class. One girl’s books were thrown in a toilet. Another boy was repeatedly kicked.
Not only had the teacher ignored these events, the hearing examiner said, 
but she had also ostracized the bullied students—even calling one a “tattletale.” The hearing examiner held that “the teacher … neglected her teaching duties with respect to classroom management and safety-related matters that collectively constituted perils to her first-grade students.”
This case might sound extreme, but it’s important for all educators to learn about bullying and take steps to follow district policies addressing it.
Bullying and its impact
Bullying is behavior that involves unwanted negative action, is repeated over time and involves an imbalance of power or strength. It can be verbal or physical. Taking or damaging another’s property constitutes bullying, as do gossiping, spreading rumors and socially excluding others. Cyberbullying involves intimidating or embarrassing victims online or via cell phone. (See “Game Over”.)
A bullied student might be afraid to attend school. He might experience lingering effects such as anxiety, depression, low self-esteem and suicidal thoughts.
Bullies are hurt by their own behavior as well. They might have poor grades, and they’re more likely to end up with criminal records as adults or be abusive spouses or parents. Even students who merely witness bullying might feel unsafe and wonder when they will be the victim. Witnesses might feel powerless or guilty and feel pressure to bully others.
State laws on bullying
Although Texas does not have any anti-bullying laws at this time, the Texas Education Code does require districts to address bullying. Chapter 37 requires school boards to prepare student codes of conduct that prohibit bullying and to ensure that district employees enforce those prohibitions. Plus, each district must implement a discipline management program that provides for “prevention of and education concerning unwanted physical or verbal aggression, sexual harassment, and other forms of bullying in school, on school grounds, and in school vehicles.”
Chapter 25 provides a transfer option. A parent may request that a student who is a victim of bullying be transferred to another classroom or campus.
Proactive steps for educators
You can minimize bullying’s impact by discussing it with students and promoting an atmosphere of respect and support. Encourage students to report bullying, and don’t ignore student outcries.
When you observe bullying, take immediate action in accordance with your district’s student code of conduct. Involve your administration when necessary. Do not confront a bully in front of his peers—doing so might encourage further aggressive behavior—and do not have the bully and victim meet together. Notify both the victim’s and the bully’s parents when a confrontation occurs.
Whether you can take action against a cyberbully depends on several factors. What is the district’s policy? Did students use school computers or cyberbully during school time? If the cyberbullying has affected the school environment, your district might be able to take action. Always consult with your administration when confronted with cyberbullying.
Addressing bullying is part of effective classroom management. By enforcing the student code of conduct and involving administrators when necessary, you can improve student safety and morale and avoid negative employment actions.
The legal information provided on this Web site is for general purposes only. It is not intended as a substitute
for individual legal advice or the provision of legal services. Accessing this information does not create an
attorney-client relationship. Individual legal situations vary greatly and readers should consult directly with an
attorney. Eligible ATPE members should contact the ATPE Member Legal Services Department using our
online system, MLSIS.
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