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 Massachusetts, anti-bullying laws and regulations are designed to prevent bullying and protect children within the educational environment. The state requires all school districts to adopt and implement a plan to address bullying prevention and intervention. This plan must include procedures for reporting, responding to, and investigating incidents of bullying, as well as strategies for restoring a sense of safety for a victim and disciplining perpetrators. Massachusetts law also mandates that the bullying prevention and intervention plan be updated at least biennially. In addition to state laws, federal laws may come into play if bullying intersects with discriminatory harassment based on protected classes such as race, sex, or disability. In such cases, schools receiving federal funding are required to address the harassment, and failure to do so may involve intervention by federal agencies like the Office for Civil Rights or the Department of Justice's Civil Rights Division. However, it's important to note that while these laws require schools to act against bullying, they generally do not prescribe criminal penalties for bullies, except in severe cases that may overlap with other criminal behaviors.