North Dakota Anti-Bullying Legislation An overview of the 2011 legislative history and process ND Seclusion and Restraint Task Force “Keeping everyone safe in our schools” July 28, 2016

Bullying in Schools Act North Dakota Century Code 15. 1-19-17 to 15 Bullying in Schools Act North Dakota Century Code 15.1-19-17 to 15.1-19-22 became effective on August 1, 2011 Proposed legislation arose out of a coalition in Fargo Attorney General Wayne Stenehjem assembled a working group of agencies and organizations to address the issue

The A.G.’s working group included: North Dakota School Boards Association Governor’s office Attorney General’s office Department of Public Instruction North Dakota Council of Education leaders North Dakota Education Association North Dakota Council of Abused Women’s Services

Impetus for working group on bullying in schools Bullying perceived as a national problem Became statewide issue because of two factors: 2011 Fargo bullying lawsuit and settlement Cooperstown suicide a 16-year-old girl 3. North Dakota one of five states without anti-bullying legislation

Fargo lawsuit produced concerns: Safety concerns for children Need for uniform definitions and policy Need for local implementation Immunity from civil liability Need for prevention and training Nonpublic schools wanted to be included in uniform policies and civil immunity

House Education Committee Bills introduced in 2011 Legislative Session: HB 1465, HB 1250, HB 1147 All working group entities coalesced around House Bill 1465 after crossover House Bill 1465 eventually became law

Attorney General Wayne Stenehjem: Key testimony at first meeting in House Education Committee on House Bill 1465 on January 24, 2011 Attorney General Wayne Stenehjem: This is a problem that “needs to be addressed.” “This bill includes a strong definition of bullying, taken mostly from a Wyoming statute.” “Critical components are that students need to, first of all, be assured they can report bullying.” “HB 1465 ensures that every school will be required to have an anti-bullying policy by next year. Local school boards can decide their own policy as long as they meet the requirements set in the bill.”

Testimony from the Office of the Governor “This bill will allow schools to address bullying in the best way they see fit to protect students and teachers. The Governor agrees that bullying must be addressed in schools and done so on a local level with a community approach involving parents, teachers, law enforcement and other interested community members.”

More key testimony… Representative Kim Koppelman (Sponsor): “These are troubling and often scarring bullying issues going on with our youth.” “How do you define bullying… it strikes me that bullying is in the eye of the beholder.” “It says they have to have a policy but it is not overly intrusive. Second, it says they have to follow policy. If they do follow it, your school board and taxpayers are going to have a civil liability.” Representative Tim Flakoll (Sponsor): “It is important that we have a uniform set of policies around this issue so everyone knows the expectations.”

Excerpts from testimony from working group members North Dakota School Boards Association Bill “requires that schools adopt an anti-bullying policy, and each contains a list of mandatory policy components.” HB 1465 includes “the vital requirements of a bullying reporting and investigation procedure”…and “an anti-retaliation provision for those who report bullying.” “These requirements are similar to provisions currently found in most school districts harassment policies and/or practices that the Office of Civil Rights Division (OCR)… recently advised are mandatory procedural requirements in many cases.” North Dakota Education Association “HB 1465 will require school districts to set up, explain, and carry out common sense procedures to handle bullying. It will also ensure that schools are providing bullying prevention programs as a resource for teachers, administrators, and most importantly students.”

HB 1465 (now 15.1-19-17 to 15.1-19-22 NDCC) specifically provides: Statutory definition of “Bullying” Each school district must adopt a policy prohibiting bullying before July 1, 2012 (11 months from adoption).The policy must: Include a definition that at least encompasses the conduct described in the definition section in the statute; Establish procedures for reporting and documenting acts of bullying, procedures for investigating reports of alleged bullying, set forth applicable disciplinary measures; and Each school district must: Include professional development activities regarding the prevention of bullying; Provide bullying prevention programs to all students from kindergarten through grade 12;

Immunity from civil liability Within eleven months, each district must have its own policies, procedures, monitoring and enforcement systems to meet the state minimum standards. If the school district implements a bullying policy in accordance with this law, the school district and its employees are immune from any liability that might otherwise be incurred as a result of the student having been the recipient of bullying.