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 Georgia, bullying is addressed through specific laws and regulations that mandate schools and districts to have anti-bullying policies in place. Georgia law (O.C.G.A. § 20-2-751.4) requires that each local school district adopt a policy that prohibits bullying and that this policy be included in the student code of conduct. The law also requires that the policy apply to students in grades six through twelve and be implemented in a way that includes notification to students, parents, teachers, and administrators about the prohibition against bullying. Georgia's anti-bullying laws also cover cyberbullying and require that schools take action even if the cyberbullying occurs off-campus but results in a substantial disruption to the educational environment. While Georgia's laws focus on prevention and administrative responses to bullying, they do not typically prescribe criminal penalties for bullying behaviors, except in severe cases where other criminal laws may apply. Additionally, if bullying is based on a student's race, color, national origin, sex, disability, or religion, it may also trigger federal anti-discrimination laws, which require schools to take action to prevent and address harassment.