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 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; 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.

1. 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 school district personnel have a reasonable suspicion that a crime might have occurred on or off school district property;
   • g. Establish strategies to protect a victim of bullying, reprisal, or retaliation; and h. Establish disciplinary measures to be imposed upon an individual who makes a false accusation, report, or complaint pertaining to bullying, reprisal, or retaliation.

3. 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.

4. 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.

5. 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.