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 Nebraska, state and local lawmakers have taken measures to combat bullying and protect children within the educational environment. Nebraska has established laws that require school districts to adopt and enforce anti-bullying policies. These policies must include procedures for reporting, investigating, and responding to incidents of bullying. Nebraska law mandates that each school district's policy must prohibit bullying, cyberbullying, harassment, and intimidation. The state does not typically prescribe specific punitive measures for students who bully, nor does it classify bullying as a criminal offense in most cases. However, Nebraska's anti-bullying laws do require schools to provide staff training on bullying prevention and to incorporate bullying prevention into the school curriculum. While there is no federal law that explicitly addresses bullying, instances of bullying that involve discriminatory harassment based on protected characteristics such as race, sex, or disability may trigger obligations under federal civil rights laws. In such cases, schools receiving federal funding are required to address and remedy the harassment, and federal agencies may intervene if the response is insufficient.