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 South Carolina, bullying is addressed through state laws and local school district policies. The state mandates that school districts implement policies to combat bullying, which includes procedures for reporting, investigating, and responding to incidents of bullying. South Carolina law requires that these policies be included in the student code of conduct for schools and that information on bullying prevention is provided to students, parents, and staff. While the state law does not prescribe specific consequences for students who bully, it does require schools to take appropriate action to address bullying behavior. The state does not classify bullying as a criminal offense, but certain severe cases could potentially be addressed under existing criminal statutes, especially if the bullying involves assault or threats. Additionally, if bullying is based on race, sex, disability, or other protected characteristics, it may also trigger federal anti-discrimination laws, and schools receiving federal funding are required to address such harassment. The U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division may intervene in cases where schools fail to adequately resolve harassment that overlaps with bullying.