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 Nevada, bullying and cyberbullying are addressed through state laws that require school districts to establish policies for preventing, reporting, and managing bullying incidents. Nevada Revised Statutes (NRS) 388.122 to 388.134 outline the requirements for anti-bullying policies in public schools, including the necessity for a safe and respectful learning environment, procedures for reporting and investigating bullying, and provisions for informing parents and students about the anti-bullying policy. Schools are mandated to provide training for staff and pupils on preventing and responding to bullying and cyberbullying. While Nevada law does not typically criminalize bullying behavior, it does require schools to take action to prevent and address it. Additionally, when bullying intersects with discriminatory harassment based on protected characteristics such as race, sex, or disability, federal laws such as Title IX and the Americans with Disabilities Act may come into play, and federal agencies can intervene to ensure that schools receiving federal funds are compliant in addressing such issues.