North Dakota

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North Dakota Anti-Bullying Laws & Policies

Key Components

What terms are used in North Dakota anti-bullying laws and regulations?

Bullying.

Do these laws cover cyberbullying?

Yes.

What groups are listed under North Dakota anti-bullying laws and regulations?

There are no specific groups listed under North Dakota anti-bullying laws or regulations.

Schools that receive federal funding are required by federal law to address discrimination on a number of different personal characteristics. Find out when bullying may be a civil rights violation.

Is there a state model policy I can use to create anti-bullying policies for my school or district?

The North Dakota state model policy is available on the North Dakota Department of Public Instruction website .

Which of the key components can be found in North Dakota anti-bullying laws, regulations, and model policies?

DEFINITIONS
Key Components Present in North Dakota State Laws and Regulations Present in North Dakota Model Policy
Purpose YES YES
Scope YES YES
Prohibited Behavior YES YES
Enumerated Groups NO NO
DISTRICT POLICY REVIEW & DEVELOPMENT
Key Components Present in North Dakota State Laws and Regulations Present in North Dakota Model Policy
District Policy YES YES
District Policy Review YES YES
DISTRICT POLICY COMPONENTS
Key Components Present in North Dakota State Laws and Regulations Present in North Dakota Model Policy
Definitions YES YES
Reporting YES YES
Investigations YES YES
Written Records YES YES
Consequences YES YES
Mental Health NO NO
ADDITIONAL COMPONENTS
Key Components Present in North Dakota State Laws and Regulations Present in North Dakota Model Policy
Communications YES YES
Training/Prevention YES YES
Transparency/Monitoring NO NO
Legal Remedies YES NO

NOTE: Click on the Key Components links to get more information about that component.

What are the North Dakota laws and regulations that cover bullying?

How are bullying and cyberbullying defined in North Dakota anti-bullying laws and regulations?

North Dakota anti-bullying laws include the following definitions of bullying and cyberbullying:

“Bullying” means:

a. Conduct that occurs in a public school, on school district premises, in a district owned or leased school bus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event and which:

    (1) Is so severe, pervasive, or objectively offensive that it substantially interferes with the student’s educational opportunities;

    (2) Places the student in actual and reasonable fear of harm;

    (3) Places the student in actual and reasonable fear of damage to property of the student; or

    (4) Substantially disrupts the orderly operation of the public school; or

b. Conduct that is received by a student while the student is in a public school, on school district premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event and which:

    (1) Is so severe, pervasive, or objectively offensive that it substantially interferes with the student’s educational opportunities;

    (2) Places the student in actual and reasonable fear of harm;

    (3) Places the student in actual and reasonable fear of damage to property of the student; or

    (4) Substantially disrupts the orderly operation of the public school.

N.D. Cent. Code, § 15.1-19-17 (2011)

Do North Dakota anti-bullying laws and regulations cover cyberbullying that occurs off-campus?

No. North Dakota anti-bullying laws do not cover off-campus conduct.

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

North Dakota school districts must adopt a policy prohibiting bullying. School district policies must contain key policy and procedural elements, including, but not limited to:

  • Statements prohibiting bullying and reprisal or retaliation against a victim or witness of bullying, or any individual who provides information about an alleged act of bullying;
  • Definitions of prohibited behavior that are no less inclusive that the definition in state law;
  • Procedures for reporting, investigations, and documentation;
  • Disciplinary consequences for violation of the policy;
  • Requirements for law enforcement notification if there is reasonable suspicion that a crime has occurred; and
  • Strategies to protect a victim of bullying, reprisal, or retaliation.

North Dakota anti-bullying laws require districts to review and revise its policy and must file a copy with the superintendent of public instruction.

Do North Dakota anti-bullying laws and regulations include protections for specific groups?

No. There are no specific groups listed under North Dakota anti-bullying laws or regulations.

North Dakota schools that receive federal funding are required by federal law to address discrimination on a number of different personal characteristics. Find out when bullying may be a civil rights violation.

Do North Dakota anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?

Yes. North Dakota school districts must provide bullying prevention programs to all students from kindergarten through grade twelve.

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

Yes. North Dakota anti-bullying laws do not require districts to provide training to teachers and counselors regarding the policy and appropriate procedures relative to policy implementation.

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

Yes. North Dakota anti-bullying laws require districts to establish strategies to protect a victim of bullying, reprisal, or retaliation.

Do North Dakota anti-bullying laws and regulations involve parents in efforts to address bullying behavior?

Yes. North Dakota school districts must involve parents, school district employees, volunteers, students, school district administrators, law enforcement personnel, domestic violence sexual assault organizations, and community representatives in developing the bullying policy.

For More Information

Visit the North Dakota Department of Public Instruction’s “Safe and Healthy Schools webpage and/or view the North Dakota state model 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).

 

Content last updated on June 22, 2017