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 Missouri, bullying is addressed through state statutes that require school districts to establish policies to prevent and address bullying among students. Missouri law mandates that these policies must include a definition of bullying, procedures for reporting and investigating incidents of bullying, and strategies for protecting victims. The policies must also outline how the school will respond to substantiated incidents of bullying. While Missouri law does not prescribe specific consequences for students who bully others, it does require that the anti-bullying policy be communicated to parents and students. Additionally, Missouri has provisions for cyberbullying, recognizing the impact of bullying that occurs through electronic communication. Although bullying itself is not classified as a criminal offense in Missouri, certain acts of bullying may fall under criminal statutes if they involve assault, harassment, or other criminal behaviors. At the federal level, while there is no law that specifically addresses bullying, instances of bullying may be subject to federal intervention if they constitute discriminatory harassment based on protected characteristics such as race, sex, or disability. In such cases, schools receiving federal funding are required to address the harassment, and federal agencies may become involved if the response is deemed inadequate.