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 Pennsylvania, bullying is addressed through state laws and local school district policies. The Pennsylvania Public School Code requires all school entities to adopt a policy or policies for bullying prevention, and to review these policies every three years. Schools must also provide a copy of their bullying policy to the Pennsylvania Department of Education and make the policy available on their websites. The state mandates that the policy must include a definition of bullying, outline reporting procedures, and detail disciplinary consequences for those found responsible for bullying. Additionally, Pennsylvania law requires that schools have procedures in place for the investigation of bullying complaints and for the protection of victims. While Pennsylvania does not classify bullying as a criminal offense in general, certain acts of bullying could potentially fall under criminal statutes if they involve assault, harassment, or other criminal behaviors. Furthermore, if bullying is based on race, sex, disability, or other protected classes, it may also trigger federal anti-discrimination laws, requiring schools to take action to address and prevent harassment.