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 Washington State, bullying is addressed through laws and policies that mandate schools and districts to have anti-bullying measures in place. Washington's anti-bullying law, known as the Harassment, Intimidation, and Bullying (HIB) Prevention Act, requires each school district to adopt a policy prohibiting harassment, intimidation, or bullying. School districts must also establish procedures for compliance, including a formal process for reporting and investigating incidents of bullying. The law covers a wide range of behaviors, including cyberbullying, and applies to all public K-12 schools and staff within the state. While the state law sets the framework for anti-bullying policies, it does not prescribe specific disciplinary actions for students who bully, nor does it classify bullying as a criminal offense. However, when bullying intersects with discriminatory harassment based on protected classes such as race, sex, or disability, federal laws may come into play, and schools receiving federal funding are required to address and resolve such harassment. In cases where the response is inadequate, federal agencies like the Office for Civil Rights may intervene.