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 Kansas, bullying prevention and intervention are addressed through state statutes that require school districts to adopt and implement policies to combat bullying among students. Kansas law mandates that each school district has a policy prohibiting bullying on or while utilizing school property, in a school vehicle, or at a school-sponsored activity or event. The policies must include provisions for the training and education of staff and students, a procedure for reporting and investigating incidents of bullying, and a plan for responding to and preventing further incidents. While Kansas law does not classify bullying as a criminal offense, it does require measures to address the behavior within the educational environment. Additionally, although there is no specific federal law that addresses bullying, when bullying intersects with discriminatory harassment based on protected characteristics such as race, sex, or disability, federal agencies may intervene to ensure that schools receiving federal funds comply with anti-discrimination laws.