A plain-English guide to Delaware’s bullying and cyberbullying law, written for school counselors and other school staff. Start with the summary, then open any section below for the legal details.
Bottom line for counselors: Delaware requires every school district to have a written bullying policy. The law covers cyberbullying, including off-campus behavior that affects school. Follow your district's reporting and investigation steps and keep careful notes.
Delaware's bullying law includes 13 of 14 key elements, which Lantern rates comprehensive. Cyberbullying can also be a crime under Delaware law. State law lets schools discipline students for cyberbullying. School phones: encourages districts to limit cellphones in classrooms (Senate Bill 106, March 12, 2026). Delaware also has an online-safety law for minors: Delaware Personal Data Privacy Act, Delaware Code Title 6, Section 12D-101 et seq., as amended by HB 380 (eff. January 1, 2027).
Sources last checked: StopBullying.gov summary reviewed April 28, 2026 · school phone rules checked November 11, 2026 · online-safety tracker updated October 12, 2026.
Lantern · State profile
Comprehensive state protections · 13 of 14 key elements
- Covers cyberbullying Yes
- Reaches off-campus behavior Yes
- District policy required Yes
- Reporting & investigation rules Yes
- Staff training Yes
- Support for students involved Yes
- School phone rules State encourages limits
- Online safety laws for minors 1 on the books
What this means for counselors
- Your district is required to have a written bullying policy. Find it, and learn who in your building receives reports.
- State law sets expectations for reporting and investigating bullying. Follow your district's steps and timelines, and keep careful notes.
- Cyberbullying that happens off campus can be addressed when it affects school. Record how the online behavior reached or disrupted school.
- The law calls for support for students who are involved. That is core counseling work, for the student targeted and for the student who bullied.
- Staff training is part of state law. Ask when training happens and make sure it covers cyberbullying and social media.
- Prevention education is expected. Classroom lessons on digital citizenship and online empathy fit here.
- Your state has laws on minors' online safety. They mostly regulate tech companies, but they are useful context when you talk with families.
What Delaware’s bullying law includes
- Bans bullying outright: included
The law clearly states that bullying is not allowed. - Defines bullying: included
The law spells out what counts as bullying. - Says where the rules apply: included
The law describes where the rules apply, such as school grounds, buses, events, or online. - Names protected groups: not included
The law lists characteristics, such as race or disability, that bullying often targets. - Districts must have a policy: included
Every school district has to adopt a written bullying policy. - Reporting and investigation rules: included
The law sets out how bullying is reported and investigated. - Consequences for bullying: included
The law describes consequences for students who bully. - Policy shared with families: included
Districts have to tell students, staff, and families about the policy. - Support for students involved: included
The law calls for protection or support, such as counseling, for students who are involved. - Policies reviewed and updated: included
District policies have to be reviewed and kept up to date. - Prevention education: included
The law requires or encourages bullying prevention lessons or programs. - Staff training: included
The law requires or encourages training for teachers and other staff. - Parent involvement: included
The law involves parents in preventing or responding to bullying.
Questions and answers about the law
How are bullying and cyberbullying defined in Delaware anti-bullying laws and regulations?
Delaware anti-bullying laws and regulations include the following definitions of bullying and cyberbullying:
"Bullying" means any intentional written, electronic, verbal, or physical act against another student, a school district or charter school volunteer, or a school district or charter school employee that a reasonable person under the circumstances should know will have any of the following effects:
- Place a student, school district or charter school volunteer, or school district or charter school employee in reasonable fear of substantial harm to the student's, volunteer's, or employee's emotional or physical well-being or substantial damages to the student's, volunteer's, or employee's property.
- Create a hostile, threatening, humiliating, or abusive educational environment due to the pervasiveness or persistence of actions or due to a power differential between the bully and the target.
- Interfere with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits.
- Perpetuate bullying by inciting, soliciting, or coercing an individual or group to demean, dehumanize, embarrass, or cause emotional, psychological, or physical harm to another student, school district or charter school volunteer, or school district or charter school employee.
Del. Code tit. 14, § 4161 (2019)
"Cyberbullying" means the use of uninvited and unwelcome electronic communication directed at an identifiable student or group of students, through means other than face-to-face interaction, which (1) interferes with a student's physical well-being; or (2) is threatening or intimidating; or (3) is so severe, persistent, or pervasive that it is reasonably likely to limit a student's ability to participate in or benefit from the educational programs of the school district or charter school. Communication shall be considered to be directed at an identifiable student or group of students if it is sent directly to that student or group, or posted in a medium that the speaker knows is likely to be available to a broad audience within the school community.
14-624 Del. Admin. Code § 2.1 (2020)
Do Delaware anti-bullying laws and regulations cover cyberbullying that occurs off-campus?
Yes. Delaware anti-bullying laws cover off-campus conduct stating that the place of origin of speech otherwise constituting cyberbullying is not material to whether it is considered cyberbullying, nor is the use of school district or charter school materials.
What are the policy requirements for schools to prevent and respond to bullying behavior?
Delaware school districts are required to establish a policy prohibiting bullying and reprisal, retaliation, or false accusation against a target, witness, or anyone with reliable information about an act of bullying. School district policies must contain key policy and procedural elements, including, but not limited to:
- Statements prohibiting bullying and statements of scope indicating where and when the policy applies;
- Definitions of bullying no less inclusive than the definitions in state law;
- Direction to develop a school-wide bullying prevention program;
- Requirements to establish a site-based committee responsible for coordinating the school bullying prevention program;
- Procedures for mandatory reporting and prompt investigation, including a procedure for anonymous reporting;
- Requirements to develop a plan for a system of supervision in non-classroom areas;
- Disciplinary consequences for violation of the policy;
- Procedures for a student or parent to provide information on bullying activity;
- Requirements for the parent of a target or perpetrator of bullying to be notified when a report is made;
- Requirements that all reported incidents of bullying be reported to the Department of Education;
- Statements prohibiting retaliation following a report of bullying;
- Procedures for communication between school staff and medical professionals who are involved in treating students for bullying issues;
- Requirements that school bullying prevention programs be implemented throughout the year and be integrated with the school's discipline policies; and
- Requirements for how the policy must be publicized within the district.
Delaware anti-bullying laws require districts to submit a copy of the district bullying policy to the Department of Education annually. The Department of Education must review the policy for compliance with state and federal law. District funding is contingent upon state approval of the district's school bullying prevention policy. The Department of Education must also prepare an annual report summarizing all reported and substantiated acts of bullying.
Do Delaware anti-bullying laws and regulations include protections for specific groups?
No. There are no specific groups listed under Delaware anti-bullying laws or regulations; however, investigation procedures must include a determination of whether the target of the bullying was targeted, or reports being targeted, wholly or in part due to criteria defined in 14 Del. C. § 4164(b)(2)f.
Delaware 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 Delaware anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?
Yes. Delaware school districts are required to establish a policy that includes direction to develop a school-wide bullying prevention program. The school bullying prevention program must be implemented throughout the school year and integrated with the school's discipline policies.
Do Delaware anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to respond to bullying incidents?
Yes. Delaware anti-bullying laws require the Department of Education, Department of Justice, and other collaborating state agencies to identify and maintain a school bullying prevention training program for school district employees. School districts must provide in-service bullying prevention training to school employees every three years.
Do Delaware anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?
Yes. Delaware school districts policies must include a procedure for communication between school staff members and medical professionals who are involved in treating students for bullying issues.
Do Delaware anti-bullying laws and regulations involve parents in efforts to address bullying behavior?
Yes. Delaware schools are required to establish site-based committees responsible for coordinating the design, approval, and monitoring of each school's bullying prevention program. Site-based committees must include parent representatives. Delaware school district policies must also include requirements that schools notify parents of all students involved in reported bullying incidents when a report is made.
Answers from StopBullying.gov, last reviewed April 28, 2026.
School phone and device rules
Encourages districts to limit cellphones in classrooms. Most recent statewide action: Senate Bill 106, March 12, 2026.
Source: Ballotpedia, checked November 11, 2026.
Online safety and social media laws for minors
These laws mostly place duties on apps, platforms, and websites, such as age checks, parental consent, or limits on addictive feeds. Several have been challenged in court.
- Delaware Personal Data Privacy Act, Delaware Code Title 6, Section 12D-101 et seq., as amended by HB 380 (eff. January 1, 2027)
In effect: January 1, 2025
Source: Orrick Online Safety Law Tracker, updated October 12, 2026.
Legal citations, explained (18)
Each entry shows what the law or rule is about first, then its official name with abbreviations spelled out.
- Definitions Law passed by the legislature Delaware Code Annotated Title 14, Section 402 Read the text of Delaware Code Annotated Title 14, Section 402
- Duration of enrollment in receiving district Law passed by the legislature Delaware Code Annotated Title 14, Section 407 Read the text of Delaware Code Annotated Title 14, Section 407
- Office of School Criminal Offense and Bullying Ombudsperson Law passed by the legislature Delaware Code Annotated Title 14, Section 4112A Read the text of Delaware Code Annotated Title 14, Section 4112A
- Ombudsperson access Law passed by the legislature Delaware Code Annotated Title 14, Section 4112B Read the text of Delaware Code Annotated Title 14, Section 4112B
- Good faith immunity Law passed by the legislature Delaware Code Annotated Title 14, Section 4112C Read the text of Delaware Code Annotated Title 14, Section 4112C
- Definitions Law passed by the legislature Delaware Code Annotated Title 14, Section 4161 Read the text of Delaware Code Annotated Title 14, Section 4161
- Child safety awareness, prevention, and other non-academic trainings Law passed by the legislature Delaware Code Annotated Title 14, Section 4162 Read the text of Delaware Code Annotated Title 14, Section 4162
- School bullying awareness and prevention; criminal youth gang detection Law passed by the legislature Delaware Code Annotated Title 14, Section 4164 Read the text of Delaware Code Annotated Title 14, Section 4164
- Short title Law passed by the legislature Delaware Code Annotated Title 14, Section 9301 Read the text of Delaware Code Annotated Title 14, Section 9301
- Definitions Law passed by the legislature Delaware Code Annotated Title 14, Section 9302 Read the text of Delaware Code Annotated Title 14, Section 9302
- Hazing prohibited Law passed by the legislature Delaware Code Annotated Title 14, Section 9303 Read the text of Delaware Code Annotated Title 14, Section 9303
- Enforcement by institution Law passed by the legislature Delaware Code Annotated Title 14, Section 9304 Read the text of Delaware Code Annotated Title 14, Section 9304
- Accountability for schools, districts, and the state Rule from a state agency 14 DE Administrative Code Section 103 Read the text of 14 DE Administrative Code Section 103
- Schools and law enforcement agencies Rule from a state agency 14 DE Administrative Code Section 601 Read the text of 14 DE Administrative Code Section 601
- Uniform definitions for student conduct which may result in alternative placement or expulsion Rule from a state agency 14 DE Administrative Code Section 614 Read the text of 14 DE Administrative Code Section 614
- School district/charter school policy prohibiting cyberbullying Rule from a state agency 14 DE Administrative Code Section 624 Read the text of 14 DE Administrative Code Section 624
- DIAA Sportsmanship Rule from a state agency 14 DE Administrative Code Section 1007 Read the text of 14 DE Administrative Code Section 1007
- School transportation Rule from a state agency 14 DE Administrative Code Section 1150 Read the text of 14 DE Administrative Code Section 1150
Official Delaware resources
Educational information, not legal advice. Laws change, so confirm with your district and state education department.
Find a school district in Delaware
Search by ZIP code, select a district on the map, or look one up by name. Each district links to a search for its own bullying policy, since district rules can go further than state law.
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