GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                   D

HOUSE DRH80145-LE-195  (3/12)

 

 

 

Short Title:        No Bullying Anyone at Public Schools.

(Public)

Sponsors:

Representative Stam.

Referred to:

 

 

 

A BILL TO BE ENTITLED

AN ACT to prevent bullying at public schools.

The General Assembly of North Carolina enacts:

SECTION 1.  Subchapter VI of Chapter 115C of the General Statutes is amended by adding a new Article to read:

"Article 29B.

"School Violence Prevention.

"§ 115C-407.5.  Bullying and harassing behavior.

(a)        As used in this Article, "bullying or harassing behavior" is any pattern of gestures, verbal communications, or physical acts that take place on school property, at any school-sponsored function, or on a school bus, and that:

(1)        Places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or

(2)        Creates a hostile environment, by substantially interfering with or impairing a student's educational performance, opportunities, or benefits. For purposes of this section, "hostile environment" means that the victim subjectively views the conduct as bullying or harassing behavior, and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior.

(b)        No student or school employee shall be subjected to bullying or harassing behavior by school employees or students.

(c)        No person shall engage in any act of reprisal or retaliation against a person who reports bullying or harassing behavior.

(d)        A school employee, student, or volunteer who has witnessed or has reliable information that a student or school employee has been subject to bullying or harassing behavior shall report the incident to the appropriate school official.

"§ 115C-407.6.  Policy against bullying or harassing behavior.

(a)        Before December 31, 2009, each local school administrative unit shall adopt a policy prohibiting bullying or harassing behavior.

(b)        The policy shall:

(1)        Prohibit bullying or harassing behavior.

(2)        Define bullying or harassing behavior as set forth in this Article.

(3)        State the consequences for a person who commits an act of bullying or harassment.

(4)        State a procedure for reporting an act of bullying or harassment, including a provision that permits a person to report such an act confidentially. This shall not be construed to permit disciplinary action solely on the basis of a confidential report.

(5)        State a procedure for prompt investigation of reports of serious violations and complaints of any act of bullying or harassment, identifying either the principal or the principal's designee as the person responsible for the investigation.

(6)        Prohibit reprisal or retaliation against any person who reports bullying or harassment behavior, and state the consequences for a person who engages in reprisal or retaliation.

(7)        State how the policy is to be disseminated and publicized.

(c)        Notice of the local policy shall appear in any school unit publication that sets forth the comprehensive rules, procedures, and standards of conduct for schools within the school unit and in any student and school employee handbook and be part of a school's employee training program.

(d)        A local school administrative unit shall:

(1)        Provide training on the local policy to school employees and volunteers who have significant contact with students; and

(2)        Implement a process for discussing the policy with students.

"§ 115C-407.7.  Prevention of school violence.

Schools shall implement methods and strategies for promoting school environments that are free of bullying or harassing behavior.

"§ 115C-407.8.  Construction of this Article.

(a)        This Article shall not be construed to permit school officials to punish student expression or speech based on an undifferentiated fear or apprehension of disturbance or out of a desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint.

(b)        This Article shall not be interpreted to prevent a victim of bullying or harassing behavior from seeking redress under any other available law.

(c)        Nothing in this Article shall be construed to require an exhaustion of the administrative complaint process before civil or criminal law remedies may be pursued regarding bullying or harassing behavior.

(d)        The provisions of this Article are severable, and if any provision of this Article is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions of this Article which can be given effect without the invalid provision.

(e)        The provisions of this Article shall be liberally construed to give effect to its purposes.

(f)         Nothing in this act shall be construed to create any classification or preference beyond those existing in present statute or case law."

SECTION 2.  This act is effective when it becomes law and applies beginning with the 2009-2010 school year.