Free Legal advice about bullying laws in North Carolina
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-212
SENATE BILL 526
*S526-v-5*
AN ACT TO ENACT THE SCHOOL VIOLENCE PREVENTION ACT AND TO DEFINE
BULLYING OR HARASSING BEHAVIOR AS USED IN THE ACT AS ANY
PATTERN OF GESTURES OR WRITTEN, ELECTRONIC, OR VERBAL
COMMUNICATIONS, OR ANY PHYSICAL ACT OR ANY THREATENING
COMMUNICATION, THAT TAKES PLACE ON SCHOOL PROPERTY, AT ANY
SCHOOL-SPONSORED FUNCTION, OR ON A SCHOOL BUS, AND THAT 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
CREATES OR IS CERTAIN TO CREATE A HOSTILE ENVIRONMENT BY
SUBSTANTIALLY INTERFERING WITH OR IMPAIRING A STUDENT'S
EDUCATIONAL PERFORMANCE, OPPORTUNITIES, OR BENEFITS; TO DEFINE
HOSTILE ENVIRONMENT AS USED IN THE ACT AS MEANING 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; TO PROVIDE THAT BULLYING OR
HARASSING BEHAVIOR INCLUDES, BUT IS NOT LIMITED TO, ACTS
REASONABLY PERCEIVED AS BEING MOTIVATED BY ANY ACTUAL OR
PERCEIVED DIFFERENTIATING CHARACTERISTIC, SUCH AS RACE, COLOR,
RELIGION, ANCESTRY, NATIONAL ORIGIN, GENDER, SOCIOECONOMIC
STATUS, ACADEMIC STATUS, GENDER IDENTITY, PHYSICAL APPEARANCE,
SEXUAL ORIENTATION, OR MENTAL, PHYSICAL, DEVELOPMENTAL, OR
SENSORY DISABILITY, OR BY ASSOCIATION WITH A PERSON WHO HAS OR IS
PERCEIVED TO HAVE ONE OR MORE OF THESE CHARACTERISTICS; AND TO
REQUIRE ALL LOCAL SCHOOL ADMINISTRATIVE UNITS TO ADOPT A POLICY
PROHIBITING BULLYING AND HARASSING BEHAVIOR AS REQUIRED BY THE
ACT.
Whereas, the General Assembly of North Carolina finds that a safe and civil
environment in school is necessary in order for students to learn and achieve high academic
standards; and
Whereas, bullying and harassment, like other disruptive or violent behaviors, is
conduct that disrupts both a student's ability to learn and a school's ability to educate its
students in a safe environment; and
Whereas, bullying and harassing behaviors create a climate that fosters violence in
our schools; and
Whereas, it is essential to enact a law that seeks to protect the health and welfare of
North Carolina students and improve the learning environment for North Carolina students; and
Whereas, to do so, State and national data and anecdotal evidence have established
the need to identify the most vulnerable targets and potential victims of bullying and
harassment; and
Whereas, the sole purpose of this law is to protect all children from bullying and
harassment, and no other legislative purpose is intended nor should any other intent be
construed from passage of this law; Now, therefore,
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:
Page 2 Session Law 2009-212 SL2009-0212
"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 or
written, electronic, or verbal communications, or any physical act or any threatening
communication, that takes 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 or is certain to create 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.
Bullying or harassing behavior includes, but is not limited to, acts reasonably perceived as
being motivated by any actual or perceived differentiating characteristic, such as race, color,
religion, ancestry, national origin, gender, socioeconomic status, academic status, gender
identity, physical appearance, sexual orientation, or mental, physical, developmental, or
sensory disability, or by association with a person who has or is perceived to have one or more
of these characteristics.
(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 victim, witness,
or a person with reliable information about an act of bullying or harassing behavior.
(d) A school employee who has witnessed or has reliable information that a student or
school employee has been subject to any act of bullying or harassing behavior shall report the
incident to the appropriate school official.
(e) A student or volunteer who has witnessed or has reliable information that a student
or school employee has been subject to any act of bullying or harassing behavior should 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 contain, at a minimum, the following components:
(1) A statement prohibiting bullying or harassing behavior.
(2) A definition of bullying or harassing behavior no less inclusive than that set
forth in this Article.
(3) A description of the type of behavior expected for each student and school
employee.
(4) Consequences and appropriate remedial action for a person who commits an
act of bullying or harassment.
(5) A procedure for reporting an act of bullying or harassment, including a
provision that permits a person to report such an act anonymously. This shall
not be construed to permit formal disciplinary action solely on the basis of
an anonymous report.
(6) 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.
(7) A statement that prohibits reprisal or retaliation against any person who
reports an act of bullying or harassment, and the consequence and
appropriate remedial action for a person who engages in reprisal or
retaliation.
(8) A statement of how the policy is to be disseminated and publicized,
including notice that the policy applies to participation in school-sponsored
functions.
SL2009-0212 Session Law 2009-212 Page 3
(c) Nothing in this Article shall prohibit a local school administrative unit from
adopting a policy that includes components beyond the minimum components provided in this
section or that is more inclusive than the requirements of this Article.
(d) 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.
(e) Information regarding the local policy against bullying or harassing behavior shall
be incorporated into a school's employee training program.
(f) To the extent funds are appropriated for these purposes, a local school
administrative unit shall, by March 1, 2010, provide training on the local policy to school
employees and volunteers who have significant contact with students.
"§ 115C-407.7. Prevention of school violence.
Schools shall develop and 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, either civil or criminal.
(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, protected class,
suspect category, or preference beyond those existing in present statute or case law."
SECTION 2. This act is effective when it becomes law and applies, unless
otherwise provided in G.S. 115C-407.6, as enacted by Section 1 of this act, beginning with the
2009-2010 school year.
In the General Assembly read three times and ratified this the 23rd day of June,
2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 5:27 p.m. this 30th day of June, 2009
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