DOI: 10.1177/10442073261495520 ISSN: 1044-2073

Not All Protections are Equal: A Review of U.S. Anti-Bullying Laws

Katherine A. Graves, Wendy Cornell, Shannon Locke, Chad A. Rose

Bullying remains a pervasive concern in U.S. schools, yet no federal law directly governs prevention or response. Consequently, state legislatures bear primary responsibility for guiding districts, resulting in wide variability in legal definitions, protections, and procedures. This study systematically analyzed bullying legislation across all 50 states using the U.S. Department of Education’s framework of 11 key policy components as a benchmark. Laws were micro-coded across five domains: definitions, protected classes, reporting, investigation, and mental health referrals. Results show notable progress since 2011, including near-universal adoption of bullying definitions. However, critical gaps persist in addressing power imbalance, repetition, identity-based harassment, anonymous reporting protections, and mandated post-incident support. These inconsistencies create uneven protections, particularly for students with disabilities and other marginalized groups. Findings highlight the need for policy reform to strengthen alignment between state statutes, evolving research, and federal civil rights protections.

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