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 California, bullying prevention and intervention are mandated by state law. The state requires all school districts to adopt policies that specifically address bullying, including cyberbullying. These policies must include a process for receiving complaints, a timeline for investigation, and procedures for responding to and resolving complaints. California's education code also encourages schools to educate students, parents, and staff about the dynamics of bullying and to implement programs that teach students about the harmful effects of bullying and the importance of respect for others. While California law does not classify bullying as a criminal offense, it does require schools to have clear policies and procedures in place. Additionally, when bullying is based on protected characteristics such as race, sex, or disability, it may overlap with discriminatory harassment, which is covered under federal civil rights laws. In such cases, schools receiving federal funding are required to address the harassment, and federal agencies can intervene if the issue is not properly resolved.