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 Indiana, bullying prevention and intervention are governed by state laws and local school district policies. Indiana Code 20-33-8-0.2 defines bullying and requires school corporations to establish measures to prevent and respond to bullying incidents. Schools must have a bullying prevention program, provide training to staff and students, and report bullying incidents to the Indiana Department of Education. The law also includes provisions for cyberbullying, extending the schools' jurisdiction to address bullying that occurs off-campus if it interferes with the school environment. While Indiana's laws mandate actions to prevent and address bullying, they do not typically prescribe criminal penalties for bullying behavior, except in severe cases where other criminal statutes may apply. Additionally, when bullying intersects with discriminatory harassment based on protected classes such as race, sex, or disability, federal laws like Title IX and the Americans with Disabilities Act may come into play, and federal agencies can intervene to ensure the harassment is addressed.