19.0523.02000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2181
of North Dakota
Introduced by
Senators Poolman, Davison
Representatives Dockter, Heinert, Schreiber-Beck
1 A BILL for an Act to amend and reenact sections 15.1-19-17 and 15.1-19-18 of the North
2 Dakota Century Code, relating to cyberbullying of students.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 15.1-19-17 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 15.1-19-17. Bullying - Definition.
7 As used in sections 15.1-19-17 through 15.1-19-22:
8 1. "Bullying" means:
9 a. Conduct that occurs in a public school, on school district premises, in a district
10 owned or leased schoolbus or school vehicle, or at any public school or school
11 district sanctioned or sponsored activity or event and which:
12 (1) Is so severe, pervasive, or objectively offensive that it substantially
13 interferes with the student's educational opportunities;
14 (2) Places the student in actual and reasonable fear of harm;
15 (3) Places the student in actual and reasonable fear of damage to property of
16 the student; or
17 (4) Substantially disrupts the orderly operation of the public school; or
18 b. Conduct that is received by a student while the student is in a public school, on
19 school district premises, in a district owned or leased schoolbus or school
20 vehicle, or at any public school or school district sanctioned or sponsored activity
21 or event and which:
22 (1) Is so severe, pervasive, or objectively offensive that it substantially
23 interferes with the student's educational opportunities;
24 (2) Places the student in actual and reasonable fear of harm;
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1 (3) Places the student in actual and reasonable fear of damage to property of
2 the student; or
3 (4) Substantially disrupts the orderly operation of the public school.; or
4 c. Conduct received or sent by a student through the use of an electronic device
5 while the student is outside a public school, off school district premises, and off
6 school district owned or leased property and which:
7 (1) Is so severe, pervasive, or objectively offensive that it substantially
8 interferes with the student's educational opportunities;
9 (2) Places the student in actual and reasonable fear of harm;
10 (3) Places the student in actual and reasonable fear of damage to property of
11 the student; or
12 (4) Substantially disrupts the orderly operation of the public school.
13 2. "Conduct" includes the use of technology or other electronic media.
14 SECTION 2. AMENDMENT. Section 15.1-19-18 of the North Dakota Century Code is
15 amended and reenacted as follows:
16 15.1-19-18. Bullying - Prohibition by policy.
17 1. Before July 1, 2012, eachEach school district shall adopt a policy providing that while
18 at a public school, on school district premises, in a district owned or leased schoolbus
19 or school vehicle, or at any public school or school district sanctioned or sponsored
20 activity or event,; or outside a public school, off school district premises, and off
21 school district owned or leased property if using an electronic device, a student may
22 not:
23 a. Engage in bullying; or
24 b. Engage in reprisal or retaliation against:
25 (1) A victim of bullying;
26 (2) An individual who witnesses an alleged act of bullying;
27 (3) An individual who reports an alleged act of bullying; or
28 (4) An individual who provides information about an alleged act of bullying.
29 2. The policy required by this section must:
30 a. Include a definition of bullying that at least encompasses the conduct described
31 in section 15.1-19-17;
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1 b. Establish procedures for reporting and documenting alleged acts of bullying,
2 reprisal, or retaliation, and include procedures for anonymous reporting of such
3 acts;
4 c. Establish procedures, including timelines, for school district personnel to follow in
5 investigating reports of alleged bullying, reprisal, or retaliation;
6 d. Establish a schedule for the retention of any documents generated while
7 investigating reports of alleged bullying, reprisal, or retaliation;
8 e. Set forth the disciplinary measures applicable to an individual who engaged in
9 bullying or who engaged in reprisal or retaliation, as set forth in subsection 1;
10 f. Require the notification of law enforcement personnel if an investigation by
11 school district personnel results in a reasonable suspicion that a crime might
12 have occurred;
13 g. Establish strategies to protect a victim of bullying, reprisal, or retaliation; and
14 h. Establish disciplinary measures to be imposed upon an individual who makes a
15 false accusation, report, or complaint pertaining to bullying, reprisal, or retaliation.
16 3. In developing the bullying policy required by this section, a school district shall involve
17 parents, school district employees, volunteers, students, school district administrators,
18 law enforcement personnel, domestic violence sexual assault organizations as defined
19 by subsection 3 of section 14-07.1-01, and community representatives.
20 4. Upon completion of the policy required by this section, a school district shall:
21 a. Ensure that the policy is explained to and discussed with its students;
22 b. File a copy of the policy with the superintendent of public instruction; and
23 c. Make the policy available in student and personnel handbooks.
24 5. Each school district shall review and revise its policy as it determines necessary and
25 shall file a copy of the revised policy with the superintendent of public instruction.
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Statutes affected: INTRODUCED: 15.1-19-17, 15.1-19-18
FIRST ENGROSSMENT: 15.1-19-17, 15.1-19-18
Enrollment: 15.1-19-17, 15.1-19-18