Are there federal bullying laws

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.

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 or across multiple laws. In some cases, bullying appears in the criminal code of a state that may apply to juveniles. In December , the U. Department of Education developed a framework of common components found in state laws, policies, and regulations focused on bullying at the time.

The framework was used to describe how schools were taking action to prevent and respond to bullying incidents. New Hampshire. New Jersey. New Mexico. New York. North Carolina. North Dakota. Laws can differ a lot from state to state. School anti-bullying policies round out the protections offered by state law. Does the law cover cyberbullying or bullying outside of school hours?

When it comes to bullying, state law typically has stricter timelines and protections than federal law. But federal laws offer specific protections that can benefit kids with learning and thinking differences:.

Kids with plans are covered by Section If bullying interferes with FAPE for a child with a plan, the school must act. Section and Title II of the Americans with Disabilities Act ADA both prohibit discrimination at school against kids with disabilities, which can include kids with learning and thinking differences. When kids are bullied because they have a disability, the school must act. The differences in how federal laws may protect your child can be confusing. It boils down to two key situations:.

Kids with IEPs and plans are covered. Any child with a disability is covered. Other kids start making fun of him because his family is low-income. The bullying makes the child feel ashamed.

But the bullying is interfering with his FAPE. How the school must respond: Once the school knows that bullying is impacting FAPE, they must take steps to stop the bullying.

They must also take steps to prevent the bullying from happening again. The school must call an IEP meeting to talk about how the bullying has impacted his education. The team must discuss whether he needs additional services to remedy the bullying, like counseling. As a parent, you have the right to be at this meeting. The process is similar with a plan. But when she reads aloud in class, she does so slowly and with difficulty.

Other kids make fun of her for this and call her names. How the school must respond: Once school staff knows about the bullying, they must stop it and prevent it from happening again. In some cases, bullying based on a disability may also lead to a denial of FAPE. When that happens, the school must not only stop the bullying. It also has to call an IEP or plan meeting to discuss how services have been impacted. To see more examples and to learn more about federal law, see this PDF of bullying guidance from the U.

Department of Education. When schools have to investigate bullying is a tricky area. The law says that if the school knows about bullying, it must act. According to federal and most state laws, if a school even suspects bullying, it must investigate.