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 Virginia, bullying is addressed through state laws, policies, and regulations that mandate school districts to implement anti-bullying policies and procedures for investigating and responding to bullying incidents. Virginia law requires that each school board adopts policies to prohibit bullying, including the requirement for school divisions to establish a model policy for the appropriate treatment of students. The state encourages the development of bullying prevention programs, the inclusion of bullying prevention in health education standards, and professional development for teachers to handle bullying effectively. While Virginia's laws do not typically prescribe specific consequences for students who bully nor classify bullying as a criminal offense, they do provide a framework for schools to create a safe environment. Additionally, when bullying intersects with discriminatory harassment based on protected characteristics such as race, sex, or disability, federal laws may come into play, and schools receiving federal funding are required to address the harassment. In cases where the response is insufficient, federal agencies like the U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division may intervene.