I love that so many people are throwing out ideas to help E-beth and her family. The more ideas the better.
Well, there's more than one way to skin a cat. I've always been more effective in solving a problem when I've been able to draw from a lot of info and cherry pick what would would work best for the given situation.

I am definately a high road person, after all people act like jerks all the time but the only one I have to look at everyday for the rest of my life, is me, in the mirror!
I'm a well adjusted, happy, intelligent, gregarious person with a lot to be grateful for, so I figure it's my responsibility to turn the other cheek when someone is making trouble and there are plenty of ways to stop that behavior if you have to without getting your hands dirty.
BUT,(and I have a very BIG BUT-humor alert-) there have been several occasions when someone has just kept coming at me no matter how many times I had gently manuevered around them. In fact, the more I was able to manuever around them, the more incenced they became until it became clear that it was just not going to let up. I mean at a point someone makes it clear that it's either them or you. Well as much as I hate to admit it, I value myself, smile so given that ultimatum, it's going to be them; everytime.

Maybe I will mellow out in my old age..........

I actually think Austin's advice is pure genius. But I'm concerned that a nine year old doesn't have the life experience to pull it off. Austin, could you really have come up with that when you were nine? I'm not trying to be antagonistic.
I seem to be someone that people sense should not be trifled with, but I'm 39 years old. There were many learning experiences along the way that got me to where I am. I sure wouldn't have been able to pull-off that level of sophisticated manipulation when I was nine, even if I had an instruction manual!

But let's keep throwing ideas out there for E-beth's DS. It's clear the bullying has to stop somehow.

And I love the counselor. I'm going to guess that she will be extremely helpful to DS in learning how to deal with bullying.