A plain-English guide to West Virginia’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: West Virginia requires every school district to have a written bullying policy. The law covers cyberbullying but does not clearly reach off-campus behavior. Follow your district's reporting and investigation steps and keep careful notes.
West Virginia's bullying law includes 12 of 14 key elements, which Lantern rates strong. Cyberbullying can also be a crime under West Virginia law. State law lets schools discipline students for cyberbullying. School phones: statewide ban (HB 2003, April 29, 2025).
Sources last checked: StopBullying.gov summary reviewed May 12, 2026 · school phone rules checked November 11, 2026.
Lantern · State profile
Strong state protections · 12 of 14 key elements
- Covers cyberbullying Yes
- Reaches off-campus behavior No
- District policy required Yes
- Reporting & investigation rules Yes
- Staff training Yes
- Support for students involved Yes
- School phone rules Statewide phone restriction
- Online safety laws for minors None listed
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.
- State law does not clearly extend to off-campus cyberbullying. Your district policy may still apply, so check it and talk with your administrator.
- 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 limits student phone use at school. Know your school's phone rules so responses to online incidents are consistent.
What West Virginia’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 West Virginia anti-bullying laws and regulations?
West Virginia anti-bullying laws and regulations include the following definitions of harassment, intimidation, and bullying:
"Harassment, intimidation or bullying" means any intentional gesture, or any intentional electronic, written, verbal or physical act, communication, transmission or threat that:
- A reasonable person under the circumstances should know will have the effect of any one or more of the following:Physically harming a student;Damaging a student's property;Placing a student in reasonable fear of harm to his or her person; orPlacing a student in reasonable fear of damage to his or her property;
- Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or emotionally abusive educational environment for a student; or
- Disrupts or interferes with the orderly operation of the school.
W. Va. Code § 18-2C-2 (2011)
Do West Virginia anti-bullying laws and regulations cover cyberbullying that occurs off-campus?
No. West Virginia anti-bullying laws do not cover off-campus conduct.
What are the policy requirements for schools to prevent and respond to bullying behavior?
West Virginia school districts are required to adopt a policy prohibiting harassment, intimidation, or bullying. District policies must contain key policy and procedural elements, including, but not limited to:
- Statements prohibiting harassment, intimidation, or bullying and statements of scope indicating where and when the policy applies;
- Definitions of harassment, intimidation, or bullying that are no less inclusive than the definitions in state law;
- Procedures for reporting, investigations, and documentation of reported incidents;
- Requirements for notifying the parents of any student involved in a bullying incident;
- Strategies for protecting a victim from additional harassment, intimidation, bullying, or retaliation;
- Disciplinary consequences for any student guilty of harassment, intimidation, or bullying; and
- Provisions to protect student confidentiality.
West Virginia anti-bullying laws require county boards to submit a copy of the harassment, intimidation, and bullying policy to the State Superintendent of Schools and to publish the policy in student handbooks. County boards must compile information on bullying incidents and annually report incidents to the state.
Do West Virginia anti-bullying laws and regulations include protections for specific groups?
No. There are no specific groups listed under West Virginia anti-bullying laws or regulations.
West Virginia 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 West Virginia anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?
Yes. West Virginia anti-bullying laws encourage districts to form bullying prevention task forces, programs, and other initiatives involving school staff, students, teachers, administrators, volunteers, parents, law enforcement, and community members, and to develop a process for educating students on the harassment, intimidation, or bullying policy. Internet safety policies must also provide for educating students about appropriate online behavior, including cyberbullying awareness and response.
Do West Virginia anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to respond to bullying incidents?
Yes. West Virginia anti-bullying laws require districts, to the extent state or federal funds are appropriated for this purpose, to provide training on the harassment, intimidation or bullying policy to school employees and volunteers who have direct contact with students. Information regarding the harassment, intimidation or bullying policy must also be incorporated into each school's current employee training program.
Do West Virginia anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?
Yes. West Virginia school district policies must include a strategy for protecting a victim from additional harassment, intimidation, or bullying. Also, they must include protections from retaliation following a report.
Do West Virginia anti-bullying laws and regulations involve parents in efforts to address bullying behavior?
Yes. West Virginia anti-bullying laws require county boards to adopt policies through a process that includes representation of parents or guardians, school employees, school volunteers, students and community members. School district policies must include a requirement that the parents or guardians of any student involved in a bullying incident must be notified. West Virginia anti-bullying laws also encourage districts to form bullying prevention task forces, programs and other initiatives involving school staff, students, teachers, administrators, volunteers, parents, law enforcement and community members.
Answers from StopBullying.gov, last reviewed May 12, 2026.
School phone and device rules
Statewide ban. Most recent statewide action: HB 2003, April 29, 2025.
Source: Ballotpedia, checked November 11, 2026.
Online safety and social media laws for minors
No state online safety laws for minors are listed for West Virginia in the tracker we use. Federal laws, such as COPPA and the TAKE IT DOWN Act, still apply everywhere.
Source: Orrick Online Safety Law Tracker.
Legal citations, explained (15)
Each entry shows what the law or rule is about first, then its official name with abbreviations spelled out.
- Rules for antihazing Law passed by the legislature West Virginia Code Annotated Section 18-2-33 Read the text of West Virginia Code Annotated Section 18-2-33
- Legislative findings Law passed by the legislature West Virginia Code Annotated Section 18-2C-1 Read the text of West Virginia Code Annotated Section 18-2C-1
- Definitions Law passed by the legislature West Virginia Code Annotated Section 18-2C-2 Read the text of West Virginia Code Annotated Section 18-2C-2
- Policy prohibiting harassment, intimidation or bullying Law passed by the legislature West Virginia Code Annotated Section 18-2C-3 Read the text of West Virginia Code Annotated Section 18-2C-3
- Immunity Law passed by the legislature West Virginia Code Annotated Section 18-2C-4 Read the text of West Virginia Code Annotated Section 18-2C-4
- Policy training and education Law passed by the legislature West Virginia Code Annotated Section 18-2C-5 Read the text of West Virginia Code Annotated Section 18-2C-5
- Liability Law passed by the legislature West Virginia Code Annotated Section 18-2C-6 Read the text of West Virginia Code Annotated Section 18-2C-6
- Bill of rights and responsibilities for students and school personnel Law passed by the legislature West Virginia Code Annotated Section 18A-5-1c Read the text of West Virginia Code Annotated Section 18A-5-1c
- Video cameras required in special education classrooms Law passed by the legislature West Virginia Code Annotated Section 18-20-11 Read the text of West Virginia Code Annotated Section 18-20-11
- Safe and Acceptable Use of the Internet by Students and Educators (2460) Rule from a state agency West Virginia Code of State Regulations Section 126-041 Read the text of West Virginia Code of State Regulations Section 126-041
- Assuring the Quality of Education: Regulations for Education Programs (2510) Rule from a state agency West Virginia Code of State Regulations Section 126-042 Read the text of West Virginia Code of State Regulations Section 126-042
- West Virginia College- and Career-Readiness Standards for Wellness Education (2520.5) Rule from a state agency West Virginia Code of State Regulations Section 126-044E Read the text of West Virginia Code of State Regulations Section 126-044E
- West Virginia College- and Career-Readiness Dispositions and Standards for Student Success for Grades K-12 (2520.19) Rule from a state agency West Virginia Code of State Regulations Section 126-044U Read the text of West Virginia Code of State Regulations Section 126-044U
- West Virginia School Bus Transportation Policy and Procedures Manual (4336) Rule from a state agency West Virginia Code of State Regulations Section 126-092 Read the text of West Virginia Code of State Regulations Section 126-092
- Expected Behavior in Safe and Supportive Schools (4373) Rule from a state agency West Virginia Code of State Regulations Section 126-099 Read the text of West Virginia Code of State Regulations Section 126-099
Official West Virginia resources
Educational information, not legal advice. Laws change, so confirm with your district and state education department.
Find a school district in West Virginia
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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