Specific State Laws Against Bullying

Bullying is repeated aggressive behavior that can occur on school grounds, buses, or through electronic communication, known as cyberbullying, and significantly impacts students' mental health and learning environment. While there is no federal law directly addressing bullying, federal laws like Title IX and civil rights laws protect students from harassment.

Bullying in schools is a significant issue. This issue affects students' safety and learning environments across the United States. There are federal laws designed to protect students from discrimination and harassment. Examples of these laws include Title IX and Title VI of the Education Amendments. However, state legislation often governs bullying in schools. Each state has its own set of rules and regulations aimed at preventing bullying. They help ensure that all students can attend school in a safe and supportive setting. This article focuses specifically on these state laws, exploring how they address various forms of bullying.

What Is Bullying?

Bullying is not just a mean word or a shove on the playground. The definition of bullying usually includes repeated aggressive behavior. This behavior can make the school environment feel unsafe for students. It might happen on school property or on a school bus. It can also occur through electronic communication like texts or social media. This form of bullying is called cyberbullying. School bullying affects a student's mental health and can create a hostile environment. It includes verbal, physical, and social harm intended to hurt or isolate the victim of bullying.

The Role of Federal and State Laws

There is currently no federal law specifically addressing bullying. But, other federal laws, such as civil rights and nondiscrimination laws, may require schools to intervene with certain types of bullying. Federal laws, like Title IX and civil rights laws, protect students from bullying based on certain factors. These factors include gender identity, sexual orientation, national origin, ethnicity, or being part of any other protected class. The U.S. Department of Education and its Office for Civil Rights enforce these laws. They help ensure that all public school and secondary school students feel safe.

State anti-bullying laws typically define bullying within the state. Each state has passed a law or policy regarding bullying. Although anti-bullying laws vary from state to state, they generally focus on listing the specific behaviors that constitute bullying. These behaviors can include teasing, threats, intimidation, stalking, harassment, physical violence, theft, and public humiliation. States may also identify certain characteristics or traits of students who are often targeted for bullying. They can also guide school staff regarding how to address bullying issues.

These laws also require school districts to adopt an anti-bullying policy. These policies help school officials and staff understand how to recognize and stop bullying. School employees, from bus drivers to teachers, are trained to report incidents of bullying. They are also trained to help support the school environment in being a safe place for all students.

Examples of State Anti-Bullying Laws

Below are some examples of state anti-bullying laws. Because laws are constantly changing, you should check with a local education lawyer if you have any questions about your state's specific bullying laws.

• Arizona: Ariz. Rev. Stat. § 15-341. Arizona requires every school district to develop policies and procedures for prohibiting bullying. These laws also help with enforce that prohibition. However, the state leaves it up to individual school districts to define the specific actions that constitute bullying.
• California: Cal. Educ. Code § 234 et. seq., 32261, 32265, 32282, 32283, and 48900. California's "Safe Place to Learn Act" and other statutes establish numerous rights for students. This also includes the "inalienable right to attend classes on school campuses that are safe, secure, and peaceful." According to Cal. Educ. Code § 48900, bullying in California is defined as any physical or verbal conduct, including written communications. These actions may cause fear, mental distress, or interference with the victim's studies.
• Connecticut: Ct. Gen. Stat. § 10-222d. Bullying in Connecticut is defined as written, oral, or physical acts. These acts are directed at another student within the same school district. They cause physical or emotional harm, cause fear, or create a hostile learning environment.
• Illinois: 105 ILCS 5/10-20.14 and 105 ILCS 5/27-23.7. Illinois defines bullying as "any severe or pervasive" act that could cause fear of harm, a detrimental physical or mental health effect, or interference with the victim's academic performance or extracurricular activities.
• New Jersey: N.J. Stat. 18A:37-13. In New Jersey, bullying is defined as a gesture or physical, verbal, or written act. These acts are motivated by the actual or perceived traits of the victim. The bullying statute covers school functions, as well as activities off campus and on school buses.
• New York: N.Y. Educ. Law § 13. Bullying in New York is defined as threats, intimidation, or abuse. These acts unreasonably and substantially interfere with the victim's educational performance, opportunities, or mental, physical, or emotional health. Bullying can apply even if it occurs off school property. It qualifies so long as it would create a foreseeable risk that the bullying acts might reach school property.
• Texas: Texas Educ. Code § 37.001. Texas defines bullying as any written, verbal, or physical act that physically harms a student, damages a student's property, or creates an intimidating, threatening, or abusive educational environment.
• Virginia: Virginia Code § 9.1-184 and 22.1-208.01. In Virginia, bullying is any aggressive or unwanted behavior. This behavior is intended to harm, intimidate, or humiliate the victim. Bullying must also involve a real or perceived imbalance of power between the bully and the victim. It must either be repeated over time or cause severe emotional trauma. Virginia explicitly states that "ordinary teasing, horseplay, argument, or peer conflict" does not count as bullying.
• Washington: Rev. Code of Wash. § 28A.300.2851. Washington defines bullying as any intentional electronic, written, verbal, or physical act. These acts physically harm a student or damage the student's property. It may interfere with the student's education. It can create an intimidating or threatening educational environment or substantially disrupt the orderly operation of the school.

Getting Legal Help With Bullying

Getting legal help is crucial for those in severe bullying situations. This is especially true when schools are unable to resolve issues effectively. If a student continues to be bullied, it may be necessary to consult a legal expert. An education law attorney can explain your rights under state and federal law. They also can provide guidance on how to document bullying incidents and communicate effectively with school officials.