There are currently no federal laws directly addressing bullying. Bullying does, however, overlap with discriminatory harassment when it is based on race, national origin, color, sex, age, disability or religion (US Department of Health and Human Services).

State and local lawmakers in many parts of the country have taken action to prevent bullying and protect children. Almost all 50 states have an anti-bullying statute, and most states also have model anti-bullying policies to provide guidance to school districts on how to design their anti-bullying policies (Anti-Bullying Statutes: 50 State Compilation | Network for Public Health Law); (http://​www.​childrenssafetyn​etwork.​org/​links/​state-laws-bullying-stopbullyinggov). There are significant state and local differences in how these anti-bullying statutes function.

Connecticut, Virginia, New Jersey, Rhode Island, and several other states have particularly well-developed anti-bullying statutes. The New Jersey statute requires each school to appoint an anti-bullying specialist, directs the Department of Education to create a “Bullying Prevention Fund,” and institutes state policies to respond to bullying both on and off school property. The Rhode Island Department of Education is directed to create a statewide anti-bullying policy, to provide counseling to victims and bullies, and prohibit students from accessing social networking websites while at school. The model policy for school boards in Virginia addresses bullying through the use of electronics, and recommends that each school board develop a character education program to teach positive character traits and discourage bullying. Connecticut is considered a model state for bullying prevention, with staff routinely receiving calls from other states for guidance on how to build a positive school environment. The Connecticut legislature passed an anti-bullying law which includes mandated training for employees and reporting of bullying incidents. Oregon school districts are encouraged to conduct anti-bullying training sessions and form task forces. In Minnesota, one of the most recent states to sign bullying prevention into law, the legislation is considered the result of an essential collaboration between students, educators, administrators, and parents, to help develop safer learning environments for every child in the state.

The United States Department of Education plays an important role in working with the states to ensure that school districts provide safe, nurturing school environments that are conducive to learning. The Office of Special Education and Rehabilitative Services (OSERS) issued a “Dear Colleague” letter in 2013 to provide an overview of a school district’s responsibilities under the Individual’s with Disabilities Education Act (IDEA) to address bullying of students with disabilities. The letter explicitly states that bullying should not be dismissed, and that school districts need to provide support for students and staff, and create an environment in which bullying does not occur. Bullying of a student with a disability which results in the student not receiving meaningful educational benefit qualifies as a denial of a free appropriate education (FAPE) under the Individual’s with Disabilities Education Act. Even when situations do not rise to a level that constitutes a denial of FAPE, bullying can undermine a student’s ability to achieve his or her full academic potential.

The work of the United States Department of Education, Office of Civil Rights is equally as important. In the Department’s 2010 “Dear Colleague” letter, educators and local school districts were reminded that some student misconduct that falls under a school’s anti-bullying policy also may trigger responsibilities under one or more of the federal anti-discrimination laws enforced by the Department’s Office for Civil Rights. These laws include protection from discrimination based on race, national origin, gender, or disability, and are enforced by the Office of Civil Rights. The letter encourages educators and school districts to ensure that their bullying and harassment policies comply with these federal mandates.

The family is undoubtedly the most important place for children to experience empathy and compassion, and to develop emotional wellness, healthy self-esteem, and regard for others. These are vital elements of parenting and child development. Bullying prevention starts, in many ways, with parents learning to incorporate emotional wellness into their own lives and parenting their children with knowledge and confidence. They can be assisted in these efforts through parenting education, and exposure to the American Academy of Pediatrics Bright Futures health promotion themes and recommendations, which are considered the gold standard of pediatric care within the Affordable Care Act.