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 Colorado, bullying prevention and intervention are addressed through state laws and local school district policies. Colorado has enacted legislation that requires public schools to adopt policies prohibiting bullying, including cyberbullying. The state's anti-bullying law, known as the 'Safe2Tell' program, encourages students to report any threatening behavior. Schools are mandated to have a policy in place that includes procedures for reporting, investigating, and responding to bullying incidents. Additionally, the law requires schools to provide information on bullying prevention to students and to implement strategies to address bullying. While Colorado law does not prescribe specific consequences for students who bully, it does require schools to take appropriate action to stop bullying and prevent its recurrence. The state does not classify bullying as a criminal offense for juveniles, but certain severe cases could potentially be addressed under other criminal statutes. At the federal level, while there is no law that directly targets bullying, instances of bullying may fall under federal anti-discrimination laws if the bullying is based on protected characteristics. In such cases, schools receiving federal funding are required to address the discriminatory harassment, and federal agencies can intervene if the issue is not properly resolved.