August 1, 2019 – SB 2181 From the North Dakota School Board Association: “The ND Legislature passed SB 2181, which expanded the definition of “bullying” set forth in NDCC 15.1-19-17 to include cyberbullying occurring off school property. The current definition only addresses conduct occurring on school property or at school-sponsored events. The new law, which becomes effective on August 1, 2019, expands the definition to cover conduct received or sent by a student through the use of an electronic device while the student is off school property and which places another student in actual and reasonable fear of harm or damage to property of the student, and is so severe, pervasive, or objectively offensive the conduct substantially interferes with the student’s educational opportunities or substantially disrupts the orderly operation of the public school. ND law requires the board of a school district to have a policy that prohibits students from engaging in bullying as defined in law.” (https://www.nd.gov/dpi/sites/www/files/documents/Safe%20%26%20Healthy/NDSBA%20Cyberbullying%20Guidance.pdf) North Dakota Century Code Title 15.1. Elementary and Secondary Education § 15.1-19-17. Bullying–Definition 1. “Bullying” means: a. Conduct that occurs 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; or
b. Conduct 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; or
c. Conduct received or sent by a student through the use of an electronic device while the student is outside a public school, off school district premises, and off school district owned or leased property which:
(1) Places the student in actual and reasonable fear of:
(a) Harm; or
(b) Damage to property of the student; and
(2) Is so severe, pervasive, or objectively offensive the conduct substantially interferes with the student’s educational opportunities or substantially disrupts the orderly operation of the public school.
2. “Conduct” includes the use of technology or other electronic media.
(https://codes.findlaw.com/nd/title-15-1-elementary-and-secondary-education/nd-cent-code-sect-15-1-19-17.html) House Bill 1465 defines bullying and requires school districts to have bullying policies by July 1, 2012. http://www.legis.nd.gov/assembly/62-2011/documents/11-8212-02000.pdf “Bullying” means: a. Conduct that occurs 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; 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. “Conduct” includes the use of technology or other electronic media. Code 12.1.17-07 (2009) makes harassment via phone, in writing or via electronic communication a Class A misdemeanor. http://www.legis.nd.gov/assembly/61-2009/interim/BAAV0200.pdf