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 Oklahoma, bullying is addressed through state statutes that require schools and districts to have policies and procedures in place to prevent and address bullying behavior. Oklahoma law mandates that public schools adopt a policy for the discipline of all children attending public school in that district and for the investigation of reported incidents of bullying. This includes measures for preventing, identifying, responding to, and reporting incidents of bullying. The state does not prescribe specific consequences for children who bully, nor does it classify bullying as a criminal offense. However, Oklahoma does have laws related to cyberbullying and harassment that can apply to juveniles. While there is no federal law that specifically targets bullying, instances of bullying may fall under federal anti-discrimination laws if the behavior is based on protected characteristics such as race, sex, or disability. In such cases, schools receiving federal funding are required to address the discriminatory harassment, and federal agencies can intervene if the issue is not properly resolved.