National Bullying Prevention Center
About Us
Newsletter
Donate
Parents   ›

What Parents Should Know About Bullying — Laws and Policy

State
Minnesota
Policy

Federal Laws

There are no current federal laws that directly address bullying. However, sometimes bullying overlaps with discriminatory harassment covered by federal civil rights laws enforced by the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ). Regardless of what it is called (bullying, hazing, teasing), schools are obligated to address conduct that meets the following three criteria:

  • It is severe, pervasive, or persistent
  • It creates a hostile environment at school by interfering with or limiting a student’s ability to participate or learn
  • It is based on a student’s race, color, national origin, sex, disability, or religion.

For more information, read responses to the Question Answered: What is the difference between bullying and harassment?

What are the federal civil rights laws ED and DOJ enforce?

If a school does not respond appropriately to harassment of students based on a protected class, they may be violating one or more civil rights laws enforced by the Department of Education and the Department of Justice, including:

  • Title IV and Title VI of the Civil Rights Act of 1964
  • Title IX of the Education Amendments of 1972
  • Section 504 of the Rehabilitation Act of 1973
  • Titles II and III of the Americans with Disabilities Act (ADA)
  • Individuals with Disabilities Education Act (IDEA)

Source: StopBullying.gov

Dear Colleague letters

The following guidance documents were issued by the U.S. Departments of Education and Justice between 2000-2014. They provide information to schools regarding their responsibility to address bullying as it relates to students with disabilities and other protected groups.

  • A 2013 Dear Colleague letter and enclosure by the Office of Special Education and Rehabilitative Services (OSERS) clarifies schools’ responsibilities under the Individuals with Disabilities Education Act (IDEA) to address bullying
  • A 2010 Dear Colleague letter clarifies the relationship between bullying and discriminatory harassment
  • A 2000 Dear Colleague letter explains that bullying based on disability may violate civil rights laws and interfere with a student’s right to a free appropriate public education

Cyberbullying is bullying – unwanted, repeated, aggressive, negative behavior – that takes place over digital devices like cell phones, tablets, and computers. Cyberbullying can happen over email, through texting, on social media, while gaming, on instant messaging, and through photo sharing.

State Laws

Each state addresses bullying in schools differently, often through laws and/or model policies for schools to adopt. These laws vary widely but commonly include the following components:

  1. Purpose statement
  2. Definition
  3. Scope
  4. Protected groups
  5. District Policy Requirement
  6. Reporting and Investigations
  7. Consequences
  8. Communication of Policy
  9. Safeguards and Supports
  10. Review and Update of Local Policies
  11. Preventative Education
  12. Staff Training
  13. Parent Engagement

Find your state’s laws

Source: StopBullying.gov

Minnesota Law

In April 2014, Minnesota lawmakers passed the Safe and Supportive Minnesota School’s Act. This act requires schools to:

  • Have a policy that meets minimum requirements
  • Include in the policy clear definitions of bullying and other prohibited behaviors
  • Develop specific procedures for initial response and reporting
  • Investigate all reports of bullying
  • Provide strategies to support students involved in bullying
  • Designate a school staff person as primary contact for bullying situations
  • Allow a student’s IEP or 504 plan to be used to address the skills the student needs to respond to or not engage in bullying
  • Provide professional development and education

Schools are also encouraged to provide developmentally appropriate education to students about how to identify, prevent, and reduce bullying, value diversity, solve problems, and manage conflict.

The Act also created the Safe Schools Technical Assistance Center within the Minnesota Department of Education, which is designed to helping schools comply with the new law as well as to address complaints from parents and students.

Learn more about Minnesota’s Safe and Supportive Schools initiatives.

Harassment of Minnesota Students

If you believe your child has been discriminated against, you can contact Minnesota Department of Human Rights by completing their incident form or calling 651-539-1100.

School Policy

Schools often have a policy that addresses bullying, and in most states, schools are required by state law to have one. Policies are generally included in the school handbook or on their website. If you are unable to locate the policy, contact your child’s principal, school counselor, or school social worker.

School bullying prevention policies are typically designed to protect students from bullying and give schools a roadmap for handling bullying situations. Some policies include additional items such as providing support for those who have been bullied, guidelines for disciplining those with bullying behavior, and providing education for parents, educators, and students. Every school’s policy will be different.

If you feel your child’s school is not following their policy or the state laws, contact your school principal or school board. If that does not resolve the issue, you can contact the safe schools office in your state’s department of education.

Find the contact info for your state’s safe schools office.