North Dakota Anti-Bullying Laws & Policies

Components of State Anti-Bullying Laws and Regulations

Which North Dakota laws and regulations cover bullying?

• North Dakota Century Code Chapter 15.1-07-34. Youth behavioral health training to teachers, administrators, and ancillary staff 
• North Dakota Century Code Chapter 15.1-19-17. Bullying – Definition
• North Dakota Century Code Chapter 15.1-19-18. Bullying – Prohibition by policy
• North Dakota Century Code Chapter 15.1-19-20. Bullying prevention programs
• North Dakota Century Code Chapter 15.1-19-21. Causes of action – Immunity – School districts
• North Dakota Century Code Chapter 15.1-19-22. Causes of action – Immunity – Nonpublic schools 

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:

1. “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 received by a student while the student is 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

      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.

N.D. Cent. Code, § 15.1-19-17 (2019)

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

Yes. North Dakota anti-bullying laws cover 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.

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 an alleged act of bullying, or any individual who reports or 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 explain and discuss the policy with its students and to file a copy of the policy 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 based on certain 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 require districts to provide teachers and administrators with professional development on youth behavioral health, including bullying.

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 “School Safety/Security” webpage.

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).