The ABCs of Bullying
Addressing, Blocking, and Curbing School Aggression

Module 7: Legal and Ethical Issues - Page 3 of 12

Federal Law

a federal agent standing in front of the US capitol building

Compared with European countries, the United States has been slow to respond to school bullying. However, several laws have been passed over the last 7 years that require States to take action to curb bullying behaviors. ref

The No Child Left Behind (NCLB) Act of 2001, Title 20 (Education), contains a drug and violence prevention component under Safe and Drug-Free Schools and Communities (Title IV). The NCLB Act retains State formula grants already in existence and national discretionary activities for drug and violence prevention. It also: ref

In addition, the NCLB Act made specific requirement changes to the Safe and Drug-Free Schools and Communities program addressing: ref

In the context of sexual bullying, the Office of Civil Rights (OCR) has passed comprehensive policies prohibiting discrimination within all programs and activities. OCR enforces Title IX, which prohibits discrimination based on a student's sex in schools receiving Federal funds. ref

The U.S. Supreme Court has clearly stated that a school district is liable if administrators knew or should have known that bullying (some methods legally termed harassment) was occurring and failed to take immediate and appropriate action. ref