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 Utah, the state has taken measures to address bullying through legislation and policies aimed at protecting children. Utah law requires school districts to adopt policies to prevent and address bullying among students. These policies must include procedures for reporting, documenting, investigating, and responding to incidents of bullying. Utah's Safe School Law also mandates that schools have policies to prohibit bullying, hazing, and retaliation, and they must provide training for students and staff on these issues. While Utah law does not prescribe specific consequences for students who bully, it does require schools to take action to stop bullying and prevent its recurrence. The law also covers cyberbullying, extending protections to students against bullying that occurs online or through electronic communication. Although bullying itself is not classified as a criminal offense in Utah, certain severe cases could potentially be addressed under other areas of the law, such as harassment or assault. At the federal level, while there is no law that specifically addresses bullying, instances of bullying that involve discrimination or harassment may trigger interventions under federal civil rights laws enforced by the Department of Education and the Department of Justice.