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North Carolina School Violence Prevention Act

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NORTH CAROLINA SCHOOL VIOLENCE PREVENTION ACT

The NC School Violence Prevention Act was enacted by the North Carolina General Assembly in order to [1] to protect all North Carolina students, and school employees, from bullying, cyber-bullying, and harassment. [2]

North Carolina was the first state to enact legislation that protects school employees from bullying by students. [3]

Nationwide youth in schools are experiencing more violent acts and bullying. According to the Youth Risk Behavior Surveillance Report, conducted by the Centers for Disease Control and Prevention (CDC), [4] "...16.6% of students had carried a weapon [to school] (eg., a gun, knife, or club) on at least 1 day during the 30 days before the survey." [4] The results also indicated that 20.1% of students had been bullied on school property during the 12 months before the survey.

School Violence Prevention Act (SVPA)

Bully Free Zone

Bullying and harassing behavior is defined in the School Violence Prevention Act (SVPA) 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 functions, or on a school bus..." [5]


LEGISLATIVE HISTORY

2007

In 2007 a number of North Carolina legislators worked to introduce legislation that would create policies for schools regarding bullying and harassment. [6] This act, know as the School Violence Prevention Act, was proposed in the General Assembly of North Carolina as House Bill 1366 in April 2007.[6] It passed the House but was not approved by the Senate. There was controversy surrounding the bill as the wording described classifications of victims and included sexual orientation and gender identity. Many Republicans members opposed the bill due to this classification. [7] When it did not pass the Senate, Rick Glazier (D-Cumberland County)[8], the Representative who originated the Bill, requested it be tabled until the next legislative session.

2009

The NC School Violence Prevention Act was introduced back to the legislature on March 11, 2009 as House Bill 548 and was sponsored by Rick Glazier (D-Cumberland County) and as Senate Bill 526, sponsored by Julia Boseman (D-New Hanover County). [1] This time the Act passed albeit by a narrow margin (58 to 57). [9] It was ratified and signed into law by Governor Beverly Perdue in June 2009. [1]

2012

In 2012 Senator Tommy Tucker (R-Union County) introduced amendments and additions to the act renaming it the North Carolina School Violence Prevention Act of 2012. The Act now includes amendments that address computer related crimes (Article 60, General Statutes 14-453)[10] and Cyberbullying penalties (Article 60, General Statutes 14-458)[10]. With the rapid changes in technology the Act was also rewritten to include a new section on Cyber-bullying of school employees by students (Article 60, General Statutes 14-458.2)[10]


SPECIFICS OF THE LAW

Article 29C.[5] School Violence Prevention. § 115C‑407.15. 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. (2009‑212, s. 1; 2009‑570, s. 39.)

§ 115C‑407.16. 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. (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. (2009‑212, s. 1; 2009‑570, s. 39.)

§ 115C‑407.17. Prevention of school violence. Schools shall develop and implement methods and strategies for promoting school environments that are free of bullying or harassing behavior. (2009‑212, s. 1; 2009‑570, s. 39.)

§ 115C‑407.18. 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. (2009‑212, s. 1; 2009‑570, s. 39.)



SCHOOL VIOLENCE PREVENTION ACTS IN OTHER STATES

49 States have anti-bullying laws

School bullying laws in the United States-2

[11]


SEE ALSO

Bullying [[1]]


REFERENCES

  1. ^ a b c http://www.ncleg.net/gascripts/billlookup/billlookup.pl?Session=2009&BillID=S526. {{cite web}}: Missing or empty |title= (help) Cite error: The named reference "Senate Bill 526" was defined multiple times with different content (see the help page).
  2. ^ http://www.ncleg.net/sessions/2009/bills/senate/pdf/s526v4.pdf. {{cite web}}: Missing or empty |title= (help)
  3. ^ http://www.digtriad.com/news/local/article/256356/57/ACLU-Opposes-NC-School-Violence-Prevention-Act. {{cite web}}: Missing or empty |title= (help)
  4. ^ a b http://www.cdc.gov/HealthyYouth/yrbs/index.htm. {{cite web}}: Missing or empty |title= (help)
  5. ^ a b http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_115C/Article_29C.html. {{cite web}}: Missing or empty |title= (help) Cite error: The named reference "Article 29C" was defined multiple times with different content (see the help page).
  6. ^ a b {{cite web |url=http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2007%20%20&BillID=h1366
  7. ^ {{cite web |url=http://projects.newsobserver.com/under_the_dome/gop_aims_at_bullying_sex_ed_bills
  8. ^ http://www.rickglazier.com/
  9. ^ {{cite web|url=http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=S526&votesToView=all
  10. ^ a b c {{cite web|url=http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-453.html Cite error: The named reference "SVPA 2012" was defined multiple times with different content (see the help page).
  11. ^ http://www.bullypolice.org/. {{cite web}}: Missing or empty |title= (help)

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  1. ^ 112th Congress, House of Representatives (January 18, 2011). "H.R. 313 Control Substance act". Archived from the original (PDF) on Jan, 30 2012. {{cite web}}: Check date values in: |archivedate= (help)CS1 maint: numeric names: authors list (link)
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