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 Ohio, bullying prevention and intervention are mandated by state law. Ohio Revised Code Section 3313.666 requires each school district to formulate and enforce a policy prohibiting harassment, intimidation, or bullying. The law defines 'harassment, intimidation, or bullying' as any intentional written, verbal, electronic, or physical act that a student has exhibited toward another particular student more than once and the behavior causes both mental or physical harm to the other student and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment. The policy must include strategies for protecting victims from new or additional harassment, intimidation, or bullying, and from retaliation following reporting of incidents. Ohio schools are also required to incorporate bullying prevention and intervention into their curricula. While Ohio law does not classify bullying as a criminal offense, certain severe forms of bullying could potentially be addressed under other criminal statutes, especially if the behavior constitutes a threat or assault. Additionally, if bullying is based on race, sex, disability, or other protected classes, it may also trigger federal anti-discrimination laws, which require schools to take action to prevent and address harassment.