Outline of the state of North Dakota
North Dakota
Requires referral for any offense in violation of criminal code

Limits on Referrals to Law Enforcement

Limits on Referrals to Law Enforcement

State law requires districts to refer students to local law enforcement for any offense that may be a violation of the criminal code.

North Dakota Century Code 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.

Policy Type

North Dakota Century Code 15.1-19-18. Bullying - Prohibition by policy.

  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.

Policy Type