Washington D.C. Anti-Bullying Laws & Policies

Components of State Anti-Bullying Laws and Regulations

Which District of Columbia laws and regulations cover bullying?

• District of Columbia Code § 2-1535.01. Definitions
• District of Columbia Code § 2-1535.02. Bullying prevention task force
• District of Columbia Code § 2-1535.03. Bullying prevention policy
• District of Columbia Code § 2-1535.04. Secondary investigation appeal
• District of Columbia Code § 2-1535.05. Retaliation
• District of Columbia Code § 2-1535.06. Bullying prevention programs
• District of Columbia Code § 2-1535.07. Reporting requirement
• District of Columbia Code § 2-1535.08. Availability of other remedies
• District of Columbia Code § 2-1535.09. Rules
• District of Columbia Code § 38-2602. Responsibilities
• District of Columbia Regulation § 4-1500. Purpose
• District of Columbia Regulation § 4-1501. Covered entities
• District of Columbia Regulation § 4-1502. Adoption of a bullying prevention policy
• District of Columbia Regulation § 4-1503. Code of conduct
• District of Columbia Regulation § 4-1504. Reporting bullying and retaliation complaints
• District of Columbia Regulation § 4-1505. Investigations
• District of Columbia Regulation § 4-1506. Secondary investigation appeals
• District of Columbia Regulation § 4-1507. Dissemination of bullying prevention policy
• District of Columbia Regulation § 4-1508. Annual review and updating of bullying prevention policy
• District of Columbia Regulation § 4-1509. Bullying prevention programs
• District of Columbia Regulation § 4-1510. Training requirements
• District of Columbia Regulation § 4-1511. Educational institutions reporting requirements
• District of Columbia Regulation § 4-1512. OHR Roles and Responsibilities
• District of Columbia Regulation § 4-1513. Complaint procedures at the Office of Human Rights Under the Youth Bullying Prevention Act and the D.C. Human Rights Act
• District of Columbia Regulation § 4-1599. Definitions
• District of Columbia Regulation § 5-B2405. Student grievance procedure
• District of Columbia Regulation § 5-B2502. Grounds for disciplinary action
• District of Columbia Regulation § 5-B2599. Definitions
• District of Columbia Regulation § 5-E405. Grievance procedures for parents, guardians, and visitors

How are bullying and cyberbullying defined in District of Columbia anti-bullying laws and regulations?

District of Columbia anti-bullying laws and regulations include the following definition of bullying:

"Bullying" means any severe, pervasive, or persistent act or conduct, whether physical, electronic, or verbal that:

1. May be based on a youth's actual or perceived race, color, ethnicity, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, intellectual ability, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, place of residence or business, or any other distinguishing characteristic, or on a youth's association with a person, or group with any person, with one or more of the actual or perceived foregoing characteristics; and
2. Can be reasonably predicted to:
   1. Place the youth in reasonable fear of physical harm to his or her person or property;
   2. Cause a substantial detrimental effect on the youth's physical or mental health;
   3. Substantially interfere with the youth's academic performance or attendance; or
   4. Substantially interfere with the youth's ability to participate in or benefit from the services, activities, or privileges provided by an agency, educational institution, or grantee.

D.C. Code § 2-1535.01 (2012)

Do District of Columbia anti-bullying laws and regulations cover cyberbullying that occurs off-campus?

No. District of Columbia anti-bullying laws do not cover off-campus conduct. The bullying prevention policy only applies to cyberbullying sent from or to someone located on school property, at school sponsored events, on school transportation or at a transit stop at which a youth is waiting to be transported to school or a school-sponsored event. Bullying which occurs on-site, but involves off-site activities, is prohibited if it creates a hostile environment for the target or witness of bullying or impedes with a youth's ability to participate at school.

What are the policy requirements for schools to prevent and respond to bullying behavior?

District of Columbia schools must adopt bullying prevention policies prohibiting bullying, including cyber-bullying. School policies must contain key policy and procedural elements, including, but not limited to:

• Definitions of bullying;
• Statements prohibiting bullying, including cyberbullying and statements of scope indicating where and when the policy applies;
• Statements prohibiting retaliation against a victim or witness of bullying, or a person who reports bullying;
• Codes of conduct that set expectations for behavior and list of consequences for conduct violations;
• Procedures for reporting and investigations, including the name and contact information for the person designated to received bullying reports and a secondary investigation appeals process;
• Statements of consequences for violation of the policy;
• Statements prohibiting retaliation; and
• Requirements for how to publicize the bullying prevention policy.

District of Columbia anti-bullying laws require entities to submit an annual update confirming the identity of the point of contact and any substantial revisions to the bullying prevention policy to the Office of Human Rights. Schools must also submit an annual report to the Mayor on the aggregate incidents of bullying.

Do District of Columbia anti-bullying laws and regulations include protections for specific groups?

Yes. Bullying may be based on a youth's actual or perceived race, color, ethnicity, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, intellectual ability, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, place of residence or business, or any other distinguishing characteristic, or on a youth's association with a person, or group with any person, with one or more of the actual or perceived foregoing characteristics.

District of Columbia schools that receive federal funding are required by federal law to address discrimination based on certain personal characteristics. Find out when bullying may be a civil rights violation.

Do District of Columbia anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?

Yes. District of Columbia schools are encouraged to establish an ongoing bullying prevention program for youth that is aligned with health education standards.

Do District of Columbia anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to respond to bullying incidents?

Yes. District of Columbia schools must provide training on bullying prevention to all employees on an annual basis.

Do District of Columbia anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?

Yes. District of Columbia school policies must include a list of consequences that can result from bullying incidents which are designed to correct the behavior, prevent another occurrence, and protect the target of bullying. The bullying task force must provide a referral list of community-based programs or similar resources that mitigate bullying and address identified behavioral health needs.

Do District of Columbia anti-bullying laws and regulations involve parents in efforts to address bullying behavior?

Yes. District of Columbia anti-bullying laws establish a bullying prevention task force that includes parent representatives. The task force is intended to engage parents and legal guardians in bullying prevention efforts.

For More Information

Visit the D.C. State Board of Education's "Bullying Resources" webpage and/or view the District of Columbia district-wide model bullying prevention policy on bullying and harassment.

The key component framework used in the analysis of state laws is based on the review of legislation presented in the "Analysis of State Bullying Laws and Policies – December 2011" (U.S. Department of Education).