2016 North Dakota Century Code Title 15.1 Elementary and Secondary Education Chapter 15.1-19 Students and Safety
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CHAPTER 15.1-19
STUDENTS AND SAFETY
15.1-19-01. Legal surname - Use.
Personnel in a public school district, a nonpublic school, a preschool program, and a child
care facility shall use a student's legal surname for registration, for the maintenance of all
records regarding the student, and in all communications requiring the use of a surname.
15.1-19-02. Corporal punishment - Prohibition - Consistent policies.
1. A school district employee may not inflict, cause to be inflicted, or threaten to inflict
corporal punishment on a student.
2. This section does not prohibit a school district employee from using the degree of
force necessary:
a. To quell a physical disturbance that threatens physical injury to an individual or
damage to property;
b. To quell a verbal disturbance;
c. For self-defense;
d. For the preservation of order; or
e. To obtain possession of a weapon or other dangerous object within the control of
a student.
3. For purposes of this section, corporal punishment means the willful infliction of
physical pain on a student; willfully causing the infliction of physical pain on a student;
or willfully allowing the infliction of physical pain on a student. Physical pain or
discomfort caused by athletic competition or other recreational activities voluntarily
engaged in by a student is not corporal punishment. A school board may not expand
through policy the definition of corporal punishment beyond that provided by this
subsection.
4. a. The board of each school district shall develop policies setting forth standards for
student behavior, procedures to be followed if the standards are not met, and
guidelines detailing how all incidents are to be investigated.
b. The board shall ensure that the policies, procedures, and guidelines applicable to
all elementary schools in the district are identical, that the policies, procedures,
and guidelines applicable to all middle schools in the district are identical, and
that the policies, procedures, and guidelines applicable to all high schools in the
district are identical.
15.1-19-03. Period of silence.
Repealed by S.L. 2001, ch. 187, § 2.
15.1-19-03.1. Recitation of prayer - Period of silence - Pledge of allegiance.
1. A student may voluntarily pray aloud or participate in religious speech at any time
before, during, or after the schoolday to the same extent a student may voluntarily
speak or participate in secular speech.
2. A school board, school administrator, or teacher may not impose any restriction on the
time, place, manner, or location of any student-initiated religious speech or prayer
which exceeds the restriction imposed on students' secular speech.
3. A school board may, by resolution, allow a classroom teacher to impose up to one
minute of silence for meditation, reflection, or prayer at the beginning of each
schoolday.
4. A school board may authorize the voluntary recitation of the pledge of allegiance by a
teacher or one or more students at the beginning of each schoolday. A student may
not be required to recite the pledge of allegiance, stand during the recitation of the
pledge of allegiance, or salute the American flag.
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15.1-19-04. Religious instruction - Excuse of student.
At the request of a student's parent or guardian, the student's school principal shall permit a
student to be excused for up to one hour each week in order to obtain religious instruction.
15.1-19-05. Birth control device - Distribution - Restriction.
No person while acting in an official capacity as an employee or agent of a school district
may distribute a birth control device to a student. This section does not apply to the distribution
of a birth control device by an employee or agent to a child of that employee or agent.
15.1-19-06. Abortion referrals.
1. No person while acting in an official capacity as an employee or agent of a school
district may refer a student to another person, agency, or entity for the purpose of
obtaining an abortion. This provision does not extend to private communications
between the employee or agent and a child of the employee or agent.
2. Between normal childbirth and abortion, it is the policy of the state of North Dakota that
normal childbirth is to be given preference, encouragement, and support by law and by
state action. A person acting in an official capacity as an employee or agent of a school
district, between normal childbirth and abortion, shall give preference, encouragement,
and support to normal childbirth. No public school in the state may endorse or support
any program that, between normal childbirth and abortion, does not give preference,
encouragement, and support to normal childbirth. No public school of the state may
authorize a presentation to students that, between normal childbirth and abortion, does
not give preference, encouragement, and support to normal childbirth.
15.1-19-07. Communicable parasites - Detection and eradication.
The board of a school district may contract with licensed health care personnel to assist in
the detection and eradication of communicable parasites.
15.1-19-08. Homeless child - Education.
1. A homeless child is entitled to a free public school education, in the same manner as
that provided to other public school students, in accordance with the Stewart B.
McKinney Homeless Assistance Act [Pub. L. 100-77; 101 Stat. 525; 42 U.S.C. 11431
et seq.].
2. A school district shall allow a nonresident homeless child to attend school.
3. For the purposes of this section, "homeless child" means a homeless individual as
described in the Stewart B. McKinney Homeless Assistance Act [Pub. L. 100-77,
section 103(a); 101 Stat. 485; 42 U.S.C. 11302] and as defined in rules adopted by the
superintendent of public instruction.
4. The superintendent of public instruction shall adopt rules to implement this section.
The rules must provide for the educational placement of homeless children according
to the child's best interest.
15.1-19-09. Students - Suspension and expulsion - Rules.
1. The board of a school district shall adopt rules regarding the suspension and expulsion
of a student. The rules for expulsion must provide for a procedural due process
hearing in the manner provided for in subsection 2 of section 15.1-19-10, before the
determination to expel a student is made. A student's parent or representative must be
allowed to participate in the expulsion hearing.
2. A student may be suspended for up to ten days for insubordination, habitual indolence,
disorderly conduct, or for violating a school district weapons policy.
3. A student enrolled in an alternative education program for which state per student
payments are available may be suspended for up to twenty days for insubordination,
habitual indolence, disorderly conduct, or for violating a school district weapons policy.
4. A student, including one enrolled in an alternative education program, may be expelled
from school for insubordination, habitual indolence, or disorderly conduct; provided the
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expulsion does not last beyond the termination of the current school year. A student
who violates the school district's weapons policy may be expelled for up to twelve
months.
15.1-19-10. Possession of a weapon - Policy - Expulsion from school.
1. The board of each school district shall adopt a policy governing the possession of
weapons and firearms on school property or at a school function and provide for the
punishment of any student found to be in violation of the policy.
2. The policy must prohibit the possession of a weapon or a firearm by a student on
school property and at school functions and provide for the punishment of any student
found to be in violation. Punishment must include immediate suspension from school
and expulsion. A student who possesses a firearm in violation of this section must be
expelled for at least one year. The school district firearms policy must authorize the
school district superintendent or the school principal, if the school district does not
have a superintendent, to modify an expulsion for firearms possession under this
section on a case-by-case basis in accordance with criteria established by the board.
Before expelling a student, a school board or its designated hearing officer, within ten
days of the student's suspension, shall provide the student with a hearing at which
time the school board or its designated hearing officer shall take testimony and
consider evidence, including the existence of mitigating circumstances. If a designated
hearing officer orders that a student be expelled, the student may seek a review of the
decision by the school board, based on the record of the expulsion hearing.
3. If a school district expels a student under this section, the district may authorize the
provision of educational services to the student in an alternative setting.
4. Actions under this section may not conflict with state special education laws or with the
Individuals With Disabilities Education Act [Pub. L. 91-230; 84 Stat. 121; 20 U.S.C.
1400 et seq.].
5. This section does not apply to any student participating in a school-sponsored
shooting sport, provided the student informs the school principal of the student's
participation and the student complies with all requirements set by the principal
regarding the safe handling and storage of the firearm.
6. For purposes of this section:
a. "Firearm" has the meaning provided in Public Law No. 90-351 [82 Stat. 197;
18 U.S.C. 921].
b. "School property" includes all land within the perimeter of the school site and all
school buildings, structures, facilities, and school vehicles, whether owned or
leased by a school district, and the site of any school-sponsored event or activity.
15.1-19-11. School safety patrols - Establishment - Adoption of rules.
The board of a school district or the governing body of a nonpublic school may authorize a
school principal or administrator to establish a safety patrol and to appoint students to the safety
patrol. Any student enrolled in grade five or higher is eligible for appointment to a safety patrol,
provided the student's parent has filed written permission with the school principal or
administrator. The superintendent of public instruction shall adopt rules to guide safety patrol
members in the conduct of their duties and shall specify the identification to be worn and the
signals to be used by safety patrol members while on duty.
15.1-19-12. School safety patrols - Immunity from liability.
The superintendent of public instruction, schools, school boards and individual school board
members, governing boards and individual governing board members, administrators,
principals, teachers, safety patrol members whether students or adults, and parents of safety
patrol student members are immune from any liability that might otherwise be incurred as a
result of an injury to a safety patrol member or as a result of an injury caused by an act or
omission on the part of a safety patrol member while on duty, provided that the persons
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substantially complied with the rules to guide safety patrol members, as adopted by the
superintendent of public instruction.
15.1-19-13. Alcohol or controlled substance - Use or possession by student Notification of principal - Exception.
If a teacher knows or has reason to believe that a student is using, is in possession of, or is
delivering alcohol or a controlled substance while the student is on school property, involved in a
school-related activity, or in attendance at a school-sponsored event, the teacher shall notify the
student's principal. The notification requirement in this section does not apply to a teacher or
administrator who participates in a juvenile drug court program and receives confidential
information regarding a student as a result of participation in the program. This section does not
prevent a teacher or any other school employee from reporting to a law enforcement agency
any violation of law occurring on school property, at a school-related activity, or at a
school-sponsored event.
15.1-19-14. School law enforcement unit.
1. A school may create or designate a school law enforcement unit as defined in the
Family Educational Rights and Privacy Act [20 U.S.C. 1232(g)] and rules adopted
under the Act. Records of a school law enforcement unit regarding a student at a
school are confidential but may be released to:
a. A juvenile court having the student before it in any proceeding;
b. Counsel for a party to the proceeding;
c. Officers of public entities to whom the student is committed;
d. Officers of a state or local law enforcement agency for use in the discharge of
their official duties;
e. A superintendent or principal of another school in which the student wishes to
enroll; and
f. The student's parent, legal guardian, or legal custodian.
2. Nothing in this section restricts the release of general information that does not identify
the student.
3. This section does not apply to education records that are confidential under federal
law.
15.1-19-15. Record retention.
Records regarding a student obtained by a school under section 15.1-19-14, section
27-20-51, or section 27-20-52 must be destroyed when the student reaches the age of eighteen
or no longer attends the school, whichever occurs later.
15.1-19-16. Asthma - Anaphylaxis - Self-administration of medication by student Liability.
1. A student who has been diagnosed with asthma or anaphylaxis may possess and
self-administer emergency medication for the treatment of such conditions provided
the student's parent files with the school a document that is signed by the student's
health care provider and which:
a. Indicates that the student has been instructed in the self-administration of
emergency medication for the treatment of asthma or anaphylaxis;
b. Lists the name, dosage, and frequency of all medication prescribed to the student
for use in the treatment of the student's asthma or anaphylaxis; and
c. Includes guidelines for the treatment of the student in the case of an asthmatic
episode or anaphylaxis.
2. Neither a private school or a school district nor any employee of the private school or
district is liable for civil damages incurred by:
a. A student who administers emergency medication to himself or herself in
accordance with subsection 1.
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b.
3.
An individual because a student was permitted to possess emergency medication
in accordance with subsection 1.
For purposes of this section, "emergency medication" includes a prescription drug
delivered by inhalation to alleviate asthmatic symptoms and an epinephrine
autoinjectable pen.
15.1-19-17. Bullying - Definition.
As used in sections 15.1-19-17 through 15.1-19-22:
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 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.
2. "Conduct" includes the use of technology or other electronic media.
15.1-19-18. Bullying - Prohibition by policy.
1. Before July 1, 2012, each school district shall adopt a policy providing that while at 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, a student may not:
a. Engage in bullying; or
b. Engage in reprisal or retaliation against:
(1) A victim of bullying;
(2) An individual who witnesses an alleged act of bullying;
(3) An individual who reports an alleged act of bullying; or
(4) An individual who provides information about an alleged act of bullying.
2. The policy required by this section must:
a. Include a definition of bullying that at least encompasses the conduct described in
section 15.1-19-17;
b. Establish procedures for reporting and documenting alleged acts of bullying,
reprisal, or retaliation, and include procedures for anonymous reporting of such
acts;
c. Establish procedures, including timelines, for school district personnel to follow in
investigating reports of alleged bullying, reprisal, or retaliation;
d. Establish a schedule for the retention of any documents generated while
investigating reports of alleged bullying, reprisal, or retaliation;
e. Set forth the disciplinary measures applicable to an individual who engaged in
bullying or who engaged in reprisal or retaliation, as set forth in subsection 1;
f. Require the notification of law enforcement personnel if an investigation by school
district personnel results in a reasonable suspicion that a crime might have
occurred;
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g.
h.
3.
4.
5.
Establish strategies to protect a victim of bullying, reprisal, or retaliation; and
Establish disciplinary measures to be imposed upon an individual who makes a
false accusation, report, or complaint pertaining to bullying, reprisal, or retaliation.
In developing the bullying policy required by this section, a school district shall involve
parents, school district employees, volunteers, students, school district administrators,
law enforcement personnel, domestic violence sexual assault organizations as defined
by subsection 3 of section 14-07.1-01, and community representatives.
Upon completion of the policy required by this section, a school district shall:
a. Ensure that the policy is explained to and discussed with its students;
b. File a copy of the policy with the superintendent of public instruction; and
c. Make the policy available in student and personnel handbooks.
Each school district shall review and revise its policy as it determines necessary and
shall file a copy of the revised policy with the superintendent of public instruction.
15.1-19-19. Professional development activities.
Each school district shall include, in professional development activities, information
regarding the prevention of bullying and shall provide information regarding the prevention of
bullying to all volunteers and nonlicensed personnel who have contact with students.
15.1-19-20. Bullying prevention programs.
Each school district shall provide bullying prevention programs to all students from
kindergarten through grade twelve.
15.1-19-21. Causes of action - Immunity - School districts.
1. Sections 15.1-19-17 through 15.1-19-22 do not prevent a victim from seeking redress
pursuant to any other applicable civil or criminal law. Sections 15.1-19-17 through
15.1-19-22 do not create or alter any civil cause of action for monetary damages
against any person or school district, nor do sections 15.1-19-17 through 15.1-19-22
constitute grounds for any claim or motion raised by either the state or a defendant in
any proceedings.
2. Any individual who promptly, reasonably, and in good faith reports an incident of
bullying, reprisal, or retaliation to the school district employee or official designated in
the school district bullying policy is immune from civil or criminal liability resulting from
or relating to the report or to the individual's participation in any administrative or
judicial proceeding stemming from the report.
3. A school district and its employees are immune from any liability that might otherwise
be incurred as a result of a student having been the recipient of bullying, if the school
district implemented a bullying policy, as required by section 15.1-19-18 and
substantially complied with that policy.
15.1-19-22. Causes of action - Immunity - Nonpublic schools.
1. Sections 15.1-19-17 through 15.1-19-22 do not prevent a victim from seeking redress
pursuant to any other applicable civil or criminal law. Sections 15.1-19-17 through
15.1-19-22 do not create or alter any civil cause of action for monetary damages
against any person or nonpublic school, nor do sections 15.1-19-17 through
15.1-19-22 constitute grounds for any claim or motion raised by either the state or a
defendant in any proceedings.
2. Any individual who promptly, reasonably, and in good faith reports an incident of
bullying, reprisal, or retaliation to the nonpublic school employee or official designated
in the school's bullying policy is immune from civil or criminal liability resulting from or
relating to the report or to the individual's participation in any administrative or judicial
proceeding stemming from the report.
3. A nonpublic school and its employees are immune from any liability that might
otherwise be incurred as a result of a student having been the recipient of bullying, if
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the school implemented a bullying policy, similar to that required by section 15.1-19-18
and substantially complied with that policy.
15.1-19-23. Medication program - Establishment - Opt-out - Liability - Immunity from
liability.
1. The board of a school district or the governing body of a nonpublic school may
establish a program for providing medication to students that includes authorizing
individuals to provide medication to a student if the individual has received education
and training in medication administration and has received written consent of the
student's parent or guardian.
2. A teacher or classified staff member, who is not employed as a licensed health care
provider to provide medication, may choose to not provide medication under the
program established under subsection 1.
3. An individual authorized to provide medication under subsection 1, or a school district,
the board of a school district, or the governing body of a nonpublic school that
establishes a program for providing medication to students is not civilly or criminally
liable for any act or omission of that individual when acting in good faith while
providing medication to a student, except when the conduct amounts to gross
negligence.
15.1-19-24. Youth suicide prevention - Training.
1. Annually, each school district shall provide to middle school and high school
instructional staff, teachers, and administrators, at least two hours of professional
development relating to youth suicide risk indicators, appropriate responses, and
referral sources.
2. The superintendent of public instruction shall collaborate with the state department of
health to obtain and disseminate to school districts and nonpublic schools, free of
charge, information and training materials, including those available through the Jason
foundation.
15.1-19-25. Student journalists - Freedom of expression - Civil remedy.
1. As used in this section:
a. "School-sponsored media" means any material that is prepared, substantially
written, published, or broadcast by a student journalist at a public school,
distributed or generally made available to members of the student body, and
prepared under the direction of a student media adviser. The term does not
include any media intended for distribution or transmission solely in the
classroom in which the media is produced.
b. "Student journalist" means a public school student who gathers, compiles, writes,
edits, photographs, records, or prepares information for dissemination in
school-sponsored media.
c. "Student media adviser" means an individual employed, appointed, or designated
by a school district to supervise or provide instruction relating to
school-sponsored media.
2. Except as provided in subsection 3, a student journalist has the right to exercise
freedom of speech and of the press in school-sponsored media, regardless of whether
the media is supported financially by the school district, by use of facilities of the
school district, or produced in conjunction with a class in which the student is enrolled.
Subject to subsection 3, a student journalist is responsible for determining the news,
opinion, feature, and advertising content of school-sponsored media. This subsection
may not be construed to prevent a student media adviser from teaching professional
standards of English and journalism to student journalists.
3. This section does not authorize or protect expression by a student that:
a. Is libelous or slanderous;
b. Constitutes an unwarranted invasion of privacy;
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c.
d.
4.
5.
6.
Violates federal or state law; or
So incites students as to create a clear and present danger of the commission of
an unlawful act, the violation of school district policy, or the material and
substantial disruption of the orderly operation of the school.
A school district may not authorize any prior restraint of any school-sponsored media
except when the media:
a. Is libelous or slanderous;
b. Constitutes an unwarranted invasion of privacy;
c. Violates federal or state law; or
d. So incites students as to create a clear and present danger of the commission of
an unlawful act, the violation of school district policies, or the material and
substantial disruption of the orderly operation of the school.
A school district may not sanction a student operating as an independent journalist.
Each school district shall adopt a written student freedom of expression policy in
accordance with this section. The policy must include reasonable provisions for the
time, place, and manner of student expression. The policy may also include limitations
to language that may be defined as profane, harassing, threatening, or intimidating.
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