State and local lawmakers have taken action to prevent bullying and protect children. Each jurisdiction—including all 50 states, the District of Columbia, and U.S. territories (state)—addresses bullying differently. Some have established laws, policies, and regulations. Others have developed model policies schools and local educational agencies (districts) can use as they develop their own local laws, policies, and regulations.
Most state laws, policies, and regulations require districts and schools to implement a bullying policy and procedures to investigate and respond to bullying when it occurs. A handful of states also require bullying prevention programs, inclusion of bullying prevention in health education standards, and teacher professional development. These state laws generally do not prescribe specific consequences for kids who engage in bullying behavior, and very few classify bullying as a criminal offense. Further, states may address bullying, cyberbullying, and related behaviors in a single law (statute) or in multiple laws (education code, criminal code). In some states, bullying laws are included in the sections of the criminal code that apply to juveniles.
Although no federal law directly addresses bullying, in some cases, bullying overlaps with discriminatory harassment when it is based on race, national origin, color, sex, age, disability, or religion. When bullying and harassment overlap, federally-funded schools (including colleges and universities) have an obligation to resolve the harassment. When the situation is not adequately resolved, the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division may be able to help.
In Arkansas, state laws and local policies are in place to address bullying and protect children within educational environments. The state requires school districts to adopt policies to prevent and address bullying, which includes procedures for reporting, investigating, and responding to such incidents. Arkansas law defines bullying and outlines the responsibilities of school districts in creating a safe school environment. While Arkansas law mandates schools to have anti-bullying policies, it does not typically prescribe specific punitive measures for students who bully, nor does it classify bullying as a criminal offense. However, in cases where bullying intersects with discriminatory harassment based on protected characteristics such as race, sex, or disability, federal laws may come into play. Schools receiving federal funding are required to address harassment issues, and unresolved cases may be escalated to federal agencies like the U.S. Department of Education’s Office for Civil Rights or the U.S. Department of Justice’s Civil Rights Division.