Analysis of State Bullying Laws and Policies

In August 2010, the U.S. Departments of Education and of Health and Human Services co-hosted the first Federal Partners in Bullying Prevention Summit. This summit highlighted (1) the need for complete information on the current status of state bullying legislation and (2) how existing bullying laws and policies translate into practice within school districts and local schools.

In response to the first concern, the U.S. Department of Education conceptualized a framework for reviewing legislation and policies. In December 2011, the Department released a guidance document titled Anti-Bullying Policies: Examples of Provisions in State Laws in response to requests for technical assistance from the states in drafting anti-bullying laws and policies. The report included four major findings and implications:

1. As of April 2011, 46 states had bullying laws and 45 of those laws directed school districts to adopt bullying policies. However, three of the 46 states prohibited bullying without defining the behavior that is prohibited.

2. Thirty-six states included provisions in their education codes prohibiting cyberbullying or bullying using electronic media. Thirteen states specified that schools have jurisdiction over off-campus behavior if it created a hostile school environment.

3. Forty-one states had created model bullying policies, 12 of which were not mandated to do so under law. Three other states also developed model policies in the absence of state bullying legislation.

4. Among the 20 school district bullying policies reviewed in this study, districts located in states with more expansive legislation produced the most expansive school district policies. However, several school districts in states with less expansive laws also substantially expanded the scope and content of their policies beyond the minimum legal expectations. (http://www2.ed.gov/rschstat/eval/bullying/state-bullying-laws/state-bull...)

While this study was limited as relying heavily on key elements in a framework developed but not validated by the U.S. Department of Education, the report showcases the growing response of states to a critical issue in our schools. The most common form of violence in our society with an estimated 5 million victims and 6 million perpetrators, bullying exacts a huge toll on victims experiencing emotional pain and social exclusion, on bullies as a manifestation of self-destructive behaviors and a predictor of adult criminality, and on schools as a precursor to violent physical assaults and even extremes such as school shootings.
Studies on the efficacy of policies and programs in increasing perceptions of school safety and affiliation as a result of reduced bullying are needed. Any requirement for states to adopt model programs in recognition of the significance of bullying is a good beginning. Evidence-based reports of fidelity in implementation and reliability and validity of outcomes for our students and schools are needed as research is gathered on the second concern outlined by the Summit.