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 York State, bullying is addressed through a combination of laws, policies, and regulations aimed at protecting children and ensuring a safe school environment. The Dignity for All Students Act (DASA) is a key piece of legislation that prohibits harassment and discrimination in public schools, based on a student's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex. The Act requires schools to implement anti-bullying policies, report incidents of bullying, and provide staff training. Schools are also mandated to appoint a Dignity Act Coordinator to handle bullying issues. While New York's laws focus on prevention and response to bullying, they do not typically prescribe criminal penalties for bullying behavior by minors. However, when bullying constitutes harassment or discrimination, it may trigger additional legal obligations under federal law, and schools receiving federal funding must address such incidents to comply with civil rights laws enforced by the U.S. Department of Education and the U.S. Department of Justice.