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 Louisiana (LA), state laws require school districts to enforce anti-bullying policies and procedures to address and manage bullying incidents. Louisiana's anti-bullying legislation mandates that all public schools develop and implement measures to prevent, identify, and respond to bullying among students. This includes the requirement for schools to have a formal process for investigating reports of bullying and taking appropriate action. The state's approach focuses on prevention and education, with an emphasis on creating a safe school environment. While Louisiana law does not typically prescribe criminal penalties for bullying, it does require schools to take the issue seriously and to provide support and recourse for victims. Additionally, if bullying is based on race, sex, disability, or other protected characteristics, it may also constitute discriminatory harassment, which is covered under federal law. In such cases, schools receiving federal funding are obligated to address the harassment, and federal agencies can intervene if the issue is not properly handled.