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 Minnesota, bullying prevention and intervention are governed by the Safe and Supportive Minnesota Schools Act, which was passed in 2014. This state law requires all public and charter schools to adopt a comprehensive anti-bullying policy, establish procedures for reporting and investigating incidents of bullying, and provide training to staff and students on bullying prevention. The law defines bullying as any repeated behavior that causes physical harm or emotional distress, and it includes cyberbullying in its scope. Minnesota does not classify bullying as a criminal offense, but schools are mandated to take action to address and prevent bullying. While Minnesota's law focuses on educational settings, it does not prescribe specific consequences for students who bully others. Additionally, if bullying is based on protected characteristics such as race, sex, or disability, it may also trigger federal anti-discrimination laws, requiring schools to address the harassment or face intervention from federal agencies like the Office for Civil Rights or the Department of Justice.