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 New Jersey, bullying is addressed through comprehensive legislation aimed at protecting children within the educational environment. The state's Anti-Bullying Bill of Rights Act is considered one of the most stringent anti-bullying laws in the country. This law requires all public schools to adopt policies to prevent, report, investigate, and respond to incidents of bullying. Schools must have anti-bullying specialists, and each district must have an anti-bullying coordinator. The law also mandates training for school staff on bullying prevention and requires schools to report incidents of bullying to the state Department of Education. While New Jersey's law focuses on prevention and response within the school system, it does not classify bullying as a criminal offense. However, when bullying intersects with harassment based on protected characteristics such as race, sex, or disability, it may trigger additional federal protections and obligations for schools to address the behavior under federal civil rights laws.