Anaya Nolan
While there are no federal laws in the United States that directly address bullying, it is considered discriminatory harassment when it is based on race, national origin, colour, sex, age, disability, or religion. In such cases, schools are legally obligated to address the issue. Each state in the US has its own anti-bullying laws, which may include definitions of bullying, methods for reporting it, and requirements for school districts to implement anti-bullying policies. Some states like Massachusetts have complex laws with many provisions, while others like Hawaii and New Mexico have minimal requirements. Additionally, cyberbullying laws vary across the country, with 38 states having specific cyberbullying legislation as of January 2012.
| Characteristics | Values |
|---|---|
| Existence of federal laws against bullying | No |
| Existence of state laws against bullying | Yes |
| State with the toughest bullying law | New Jersey |
| State with the first anti-bullying legislation | Georgia |
| State with the most recent anti-bullying legislation | South Dakota |
| State without anti-bullying legislation | Montana (as of August 2013, but has since updated its policies) |
| States with cyberbullying legislation | 38 (as of January 2012) |
| States with minimal anti-bullying law requirements | Hawaii and New Mexico |
| States with complex anti-bullying laws and many provisions | Massachusetts |
| States with definitions of bullying in their laws | 41 |
| States requiring anonymous reporting of bullying | 11 |
| States with anti-bullying laws defining bullying as requiring a repeating pattern of harassment | 8 |
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What You'll Learn
No federal anti-bullying laws
While anti-bullying legislation exists in the United States, it is enacted only at the state level. There is no federal law that specifically addresses bullying. However, in some cases, bullying overlaps with discriminatory harassment when it is based on race, national origin, colour, sex, age, disability, or religion. In such cases, federal civil rights laws enforced by the U.S. Department of Education's Office for Civil Rights and the U.S. Department of Justice's Civil Rights Division come into play. These laws require schools to address conduct that is unwelcome and objectively offensive, such as derogatory language, intimidation, threats, physical contact, or physical violence. Schools are also obligated to address bullying when it creates a hostile environment that interferes with or limits a student's ability to participate in or benefit from school activities.
The absence of federal anti-bullying laws has led to variations in how different states address bullying. As of August 2013, 49 states had anti-bullying laws, with the remaining state, Montana, later updating its policies. Some states, like Massachusetts, have complex laws with many provisions, while others, like Hawaii and New Mexico, have more minimal requirements. The level of detail in anti-bullying laws varies significantly across states, and some states have established laws, while others have developed model policies for schools and local educational agencies to use as guidelines.
State-level anti-bullying legislation has been associated with reductions in bullying, depression, and suicidal ideation, particularly among female and LGBT teenagers. However, critics argue that such legislation can be punitive and criminalise the issue. Additionally, the National School Safety and Security Services have questioned the motive behind some anti-bullying legislation, suggesting that it offers more political hype than substantive help for school administrators.
In the absence of comprehensive federal legislation, organisations like Thursday's Child have stepped in to offer support. They provide a 24-hour helpline for children, teens, and young adults in the U.S. who are victims of bullying. This helpline is currently the only one of its kind in North America.
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State-level anti-bullying laws
While there is no federal law that specifically addresses bullying in the United States, state-level anti-bullying laws exist in all 50 states and vary in their scope and effectiveness. These laws often overlap with harassment legislation, which is covered by federal anti-discrimination laws enforced by the U.S. Department of Education's Office for Civil Rights and the Department of Justice's Civil Rights Division. When bullying is based on race, ethnicity, colour, national origin, sex, disability, age, or religion, it overlaps with harassment, and schools are legally obligated to address it.
Most state laws require districts and schools to implement anti-bullying policies and procedures to investigate and respond to incidents. Some states, like New Jersey, have strengthened their anti-bullying legislation by passing bills like "The Anti-Bullying Bill of Rights," which allows for the discipline of administrators who fail to investigate reports of bullying. New Jersey's law also mandates that each school must report every case of bullying to the state, which then grades schools based on their bullying standards, policies, and incidents.
A handful of states go beyond basic requirements and mandate bullying prevention programs, the inclusion of bullying prevention in health education standards, and teacher professional development. Additionally, some states, like Connecticut, have made significant changes to their statutes, defining bullying as the repeated use of written, oral, or electronic communication directed at another student, causing physical or emotional harm, or creating a reasonable fear of harm.
While there is variation in the effectiveness and scope of state-level anti-bullying laws, studies have shown that this legislation has positively impacted reducing bullying, depression, and suicidal ideation, especially among female and LGBT teenagers.
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Bullying and harassment
While there are no federal laws in the United States that specifically address bullying, it is important to note that bullying can sometimes overlap with discriminatory harassment, which is covered by federal civil rights laws. This occurs when bullying is based on specific characteristics of the victim, such as race, national origin, colour, sex, disability, or religion. In such cases, schools are legally obligated to address the issue and can be held accountable for failing to do so.
State and local lawmakers have taken the lead in addressing bullying by establishing laws, policies, and regulations that vary across the country. As of August 2013, 49 states had anti-bullying laws, with the remaining state, Montana, later enacting similar legislation. These laws typically require school districts to adopt anti-bullying policies and procedures for investigating and responding to bullying incidents. Some states, like New Jersey, have particularly stringent anti-bullying laws, mandating that all schools report bullying cases to the state and face consequences for non-compliance.
The effectiveness of anti-bullying legislation has been questioned by some, who argue that it may be punitive and criminalise the issue without providing the necessary resources to improve school climate and security. Critics suggest that schools may adopt a zero-tolerance approach, labelling incidents as bullying without seeking creative solutions that address the underlying issues. However, studies have shown that state-level anti-bullying legislation has had positive impacts, particularly for female and LGBT teenagers, leading to reductions in bullying, depression, and suicidal ideation.
To support those affected by bullying, organisations like Thursday's Child offer a 24-hour helpline for children, teens, and young adults in the U.S. who are victims of bullying. Additionally, federal case law allows schools to discipline students for off-campus behaviour that disrupts the learning environment, and some states have codified this standard in their statutes. While there is no uniform approach to bullying laws across the country, the U.S. Department of Education has developed a framework to guide schools in preventing and responding to bullying incidents.
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Cyberbullying laws
While there are no federal laws that specifically address bullying in the United States, it can overlap with discriminatory harassment when based on race, national origin, colour, sex, age, disability, or religion. In such cases, schools are legally obligated to address the issue, and federal civil rights laws enforced by the U.S. Department of Education's Office for Civil Rights and the U.S. Department of Justice's Civil Rights Division come into play.
State and local lawmakers have taken the lead in addressing bullying, with all 50 states, the District of Columbia, and U.S. territories adopting different approaches. As of January 2021, 48 states had electronic harassment laws that explicitly included cyberbullying, with 44 of those states including criminal sanctions. Additionally, 45 states had laws regarding school sanctions for cyberbullying. These laws empower schools to discipline students for off-campus behaviour that significantly disrupts the learning environment.
Some states, like New Jersey, have particularly stringent anti-bullying laws. New Jersey's "Anti-Bullying Bill of Rights" requires schools to report every case of bullying to the state, and administrators who fail to investigate reports of bullying can face disciplinary action. The state grades schools based on their bullying standards, policies, and incidents, and bullies risk suspension or expulsion for any type of bullying.
While these laws are a step in the right direction, critics argue that they are punitive and criminalise the issue without providing the necessary financial resources to improve school climate and security. Additionally, some believe that schools have become overly reliant on zero-tolerance policies, opting to label incidents as bullying and pass them on to others rather than finding creative solutions.
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Anti-bullying policies in schools
In the United States, anti-bullying policies in schools vary across different states and territories. While there is no federal law that specifically addresses bullying, certain behaviours may trigger responsibilities under federal anti-discrimination laws. For instance, when bullying is based on race, ethnicity, colour, national origin, sex, disability, or religion, it overlaps with harassment, and schools are legally obligated to address it.
All fifty states have passed school anti-bullying legislation, with Georgia being the first in 1999 and Montana the most recent in 2015. However, the specific laws, policies, and regulations differ in each jurisdiction. Most state laws require schools to implement anti-bullying policies, procedures for investigating and responding to bullying incidents, and prevention programs. However, these laws generally do not outline specific consequences for students who engage in bullying behaviour.
Some states, like New Jersey, have enforced stricter anti-bullying laws. In New Jersey, schools must report every case of bullying to the state, and administrators who fail to investigate reports can be disciplined. The state grades schools based on their bullying standards, policies, and incidents, and schools must have effective plans to deal with bullying.
To support anti-bullying efforts, various intervention and prevention programs have been implemented in North American elementary and middle schools. These programs employ different strategies, such as staff development training, prepared curriculum, and parent education. Additionally, organisations like Bully Police USA advocate for and report on anti-bullying legislation.
While these anti-bullying policies and programs aim to address and prevent bullying in schools, critics argue that they may be punitive and criminalise the issue without providing sufficient resources to improve school climate and security.
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Frequently asked questions
America does not have federal anti-bullying laws. However, there are anti-bullying laws at the state level.
Federal civil rights laws cover discriminatory harassment, which sometimes overlaps with bullying. Schools are legally obligated to address bullying when it is based on race, national origin, colour, sex, disability, or religion.
State-level anti-bullying laws vary. Some states have established laws, policies, and regulations, while others have model policies that schools can use as they develop their own local laws. As of August 2013, 49 states had anti-bullying laws, with Montana being the only state without anti-bullying legislation at the time.
No, schools don't have to wait for a hostile environment to be created before addressing bullying. They may respond to misconduct based on a protected class as soon as they learn of it.
If someone has done everything to resolve a bullying situation and nothing has worked, or if someone is in immediate danger, there are ways to get help. For instance, Thursday's Child offers a 24-hour helpline for children, teens, and young adults in the US who are victims of bullying.
