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 Illinois, bullying is addressed through state laws, policies, and regulations that mandate schools and districts to have anti-bullying policies in place. These policies require procedures for investigating and responding to incidents of bullying. Illinois law also encourages the implementation of bullying prevention programs and includes bullying prevention within health education standards. Teacher professional development on bullying prevention is also promoted. While Illinois law does not typically prescribe specific consequences for children who bully nor classify bullying as a criminal offense, it does provide a framework for schools to create a safe environment. Additionally, if bullying is based on race, national origin, color, sex, age, disability, or religion, it may overlap with discriminatory harassment, which is covered under federal law. In such cases, federally-funded educational institutions have a responsibility to address the harassment, and federal agencies like the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division may intervene if the issue is not properly resolved.