# Title 15.1 — Elementary and Secondary Education

## Chapter 15.1-19 — Students and Safety

### § 15.1-19-01. Legal surname - Use.

Personnel in a public school district, a nonpublic school, a preschool program, and a child
care facility shall use a student's legal surname for registration, for the maintenance of all
records regarding the student, and in all communications requiring the use of a surname.
### § 15.1-19-02. Corporal punishment - Prohibition - Consistent policies.

1. A school district employee may not inflict, cause to be inflicted, or threaten to inflict
corporal punishment on a student.
2. This section does not prohibit a school district employee from using the degree of
force necessary:
a. To quell a physical disturbance that threatens physical injury to an individual or
damage to property;
b. To quell a verbal disturbance;
c. For self-defense;
d. For the preservation of order; or
e. To obtain possession of a weapon or other dangerous object within the control of
a student.
3. For purposes of this section, corporal punishment means the willful infliction of
physical pain on a student; willfully causing the infliction of physical pain on a student;
or willfully allowing the infliction of physical pain on a student. Physical pain or
discomfort caused by athletic competition or other recreational activities voluntarily
engaged in by a student is not corporal punishment. A school board may not expand
through policy the definition of corporal punishment beyond that provided by this
subsection.
4. a. The board of each school district shall develop policies setting forth standards for
student behavior, procedures to be followed if the standards are not met, and
guidelines detailing how all incidents are to be investigated.
b. The board shall ensure that the policies, procedures, and guidelines applicable to
all elementary schools in the district are identical, that the policies, procedures,
and guidelines applicable to all middle schools in the district are identical, and
that the policies, procedures, and guidelines applicable to all high schools in the
district are identical.
### § 15.1-19-03. Period of silence.

Repealed by S.L. 2001, ch. 187, § 2.
### § 15.1-19-03.1. Recitation of prayer - Period of silence - Pledge of allegiance.

1. A student voluntarily may pray aloud or participate in religious speech at any time
before, during, or after the schoolday to the same extent a student voluntarily may
speak or participate in secular speech.
2. A student of a public or nonpublic school may not be prohibited from voluntarily
participating in any student-initiated prayer at an activity held on the premises of a
public or nonpublic school.
3. The board of a school district, school administrator, or teacher may not impose any
restriction on the time, place, manner, or location of any student-initiated religious
speech or prayer which exceeds the restriction imposed on students' secular speech.
4. The board of a school, by resolution, may allow a classroom teacher to impose up to
one minute of silence for meditation, reflection, or prayer at the beginning of each
schoolday.
5. The board of a school district shall adopt a policy requiring each school to offer all
students the opportunity to voluntarily recite the pledge of allegiance at the beginning

of each schoolday. A student may not be required to recite the pledge of allegiance,
stand during the recitation of the pledge of allegiance, or salute the American flag.
### § 15.1-19-04. Religious instruction - Excuse of student.

At the request of a student's parent or guardian, the student's school principal shall permit a
student to be excused for up to one hour each week in order to obtain religious instruction.
### § 15.1-19-05. Birth control device - Distribution - Restriction.

No person while acting in an official capacity as an employee or agent of a school district
may distribute a birth control device to a student. This section does not apply to the distribution
of a birth control device by an employee or agent to a child of that employee or agent.
### § 15.1-19-06. Abortion referrals.

1. No person while acting in an official capacity as an employee or agent of a school
district may refer a student to another person, agency, or entity for the purpose of
obtaining an abortion. This provision does not extend to private communications
between the employee or agent and a child of the employee or agent.
2. Between normal childbirth and abortion, it is the policy of the state of North Dakota that
normal childbirth is to be given preference, encouragement, and support by law and by
state action. A person acting in an official capacity as an employee or agent of a school
district, between normal childbirth and abortion, shall give preference, encouragement,
and support to normal childbirth. No public school in the state may endorse or support
any program that, between normal childbirth and abortion, does not give preference,
encouragement, and support to normal childbirth. No public school of the state may
authorize a presentation to students that, between normal childbirth and abortion, does
not give preference, encouragement, and support to normal childbirth.
### § 15.1-19-07. Communicable parasites - Detection and eradication.

The board of a school district may contract with licensed health care personnel to assist in
the detection and eradication of communicable parasites.
### § 15.1-19-08. Homeless child - Education.

1. A homeless child is entitled to a free public school education, in the same manner as
that provided to other public school students, in accordance with the Stewart B.
McKinney Homeless Assistance Act [Pub. L. 100-77; 101 Stat. 525; 42 U.S.C. 11431
et seq.].
2. A school district shall allow a nonresident homeless child to attend school.
3. For the purposes of this section, "homeless child" means a homeless individual as
described in the Stewart B. McKinney Homeless Assistance Act [Pub. L. 100-77,
section 103(a); 101 Stat. 485; 42 U.S.C. 11302] and as defined in rules adopted by the
superintendent of public instruction.
4. The superintendent of public instruction shall adopt rules to implement this section.
The rules must provide for the educational placement of homeless children according
to the child's best interest.
### § 15.1-19-09. Students - Suspension and expulsion - Rules.

1. The board of a school district shall adopt rules regarding the suspension and expulsion
of a student. The rules for expulsion must provide for a procedural due process
hearing under subsection 2 of section 15.1-19-10 before the determination to expel a
student is made. A student's parent or representative must be allowed to participate in
the expulsion hearing.
2. A school district may suspend a student for up to ten days for insubordination, habitual
indolence, disorderly conduct, or for violating a school district weapons policy.
3. A school district may suspend a student who is enrolled in an alternative education
program for which state per student payments are available for up to twenty days for

insubordination, habitual indolence, disorderly conduct, or for violating a school district
weapons policy.
4. A school district may expel a student, including one enrolled in an alternative
education program, for up to twelve months for insubordination, habitual indolence, or
disorderly conduct. The school district shall consider the severity of the infraction, the
age of the student, and the disciplinary history of the student to determine the duration
of the expulsion. If the student satisfies the conditions for reinstatement established by
the school district, if any, the school district may review and reduce the duration of the
expulsion. A student who violates the school district's weapons policy may be expelled
under section 15.1-19-10.
### § 15.1-19-10. Possession of a weapon - Policy - Expulsion from school.

1. The board of each school district shall adopt a policy governing the possession of
weapons and firearms on school property or at a school function and provide for the
punishment of any student found to be in violation of the policy.
2. The policy must:
a. Prohibit the possession of a dangerous weapon or a firearm by a student on
school property and at school functions and provide for the punishment of any
student found to be in violation.
b. Require a student who possesses a firearm in violation of this section to be
expelled for at least one year.
c. Authorize the school district superintendent or the school principal, if the school
district does not have a superintendent, to modify an expulsion for firearms
possession under this section on a case-by-case basis in accordance with criteria
established by the board. Before expelling a student, a school board or its
designated hearing officer, within ten days of the student's suspension, shall
provide the student with a hearing at which time the school board or its
designated hearing officer shall take testimony and consider evidence, including
the existence of mitigating circumstances. If a designated hearing officer orders
that a student be expelled, the student may seek a review of the decision by the
school board, based on the record of the expulsion hearing.
d. Include a referral mechanism to the criminal justice or juvenile delinquency
system for a student who possesses a firearm in violation of this subsection.
3. If a school district expels a student under this section, the district may authorize the
provision of educational services to the student in an alternative setting.
4. Actions under this section may not conflict with state special education laws or with the
Individuals With Disabilities Education Act [Pub. L. 91-230; 84 Stat. 121; 20 U.S.C.
1400 et seq.].
5. This section does not apply to any student participating in a school-sponsored
shooting sport, provided the student informs the school principal of the student's
participation and the student complies with all requirements set by the principal
regarding the safe handling and storage of the firearm.
6. For purposes of this section:
a. "Dangerous weapon" has the meaning provided in 18 U.S.C. 930(g)(2).
b. "Firearm" has the meaning provided in Public Law No. 90-351 [82 Stat. 197;
18 U.S.C. 921].
c. "School property" includes all land within the perimeter of the school site and all
school buildings, structures, facilities, and school vehicles, whether owned or
leased by a school district, and the site of any school-sponsored event or activity.
### § 15.1-19-11. School safety patrols - Establishment - Adoption of rules.

The board of a school district or the governing body of a nonpublic school may authorize a
school principal or administrator to establish a safety patrol and to appoint students to the safety
patrol. Any student enrolled in grade five or higher is eligible for appointment to a safety patrol,
provided the student's parent has filed written permission with the school principal or
administrator. The superintendent of public instruction shall adopt rules to guide safety patrol

members in the conduct of their duties and shall specify the identification to be worn and the
signals to be used by safety patrol members while on duty.
### § 15.1-19-12. School safety patrols - Immunity from liability.

The superintendent of public instruction, schools, school boards and individual school board
members, governing boards and individual governing board members, administrators,
principals, teachers, safety patrol members whether students or adults, and parents of safety
patrol student members are immune from any liability that might otherwise be incurred as a
result of an injury to a safety patrol member or as a result of an injury caused by an act or
omission on the part of a safety patrol member while on duty, provided that the persons
substantially complied with the rules to guide safety patrol members, as adopted by the
superintendent of public instruction.
### § 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 treatment 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.
### § 15.1-19-14. School law enforcement unit.

1. A school may create or designate a school law enforcement unit as defined in the
Family Educational Rights and Privacy Act [20 U.S.C. 1232(g)] and rules adopted
under the Act. Records of a school law enforcement unit regarding a student at a
school are confidential but may be released to:
a. A juvenile court having the student before it in any proceeding;
b. Counsel for a party to the proceeding;
c. Officers of public entities to whom the student is committed;
d. Officers of a state or local law enforcement agency for use in the discharge of
their official duties;
e. A superintendent or principal of another school in which the student wishes to
enroll; and
f. The student's parent, legal guardian, or legal custodian.
2. Nothing in this section restricts the release of general information that does not identify
the student.
3. This section does not apply to education records that are confidential under federal
law.
### § 15.1-19-15. Record retention.

Records regarding a student obtained by a school under section 15.1-19-14, section
27-20.2-21, or section 27-20.4-21 must be destroyed when the student reaches the age of
eighteen or no longer attends the school, whichever occurs later.
### § 15.1-19-16. Asthma - Anaphylaxis - Self-administration of medication by student -

Liability.
1. A student who has been diagnosed with asthma or anaphylaxis may possess and
self-administer emergency medication for the treatment of such conditions provided
the student's parent files with the school a document that is signed by the student's
health care provider and which:

a. Indicates that the student has been instructed in the self-administration of
emergency medication for the treatment of asthma or anaphylaxis;
b. Lists the name, dosage, and frequency of all medication prescribed to the student
for use in the treatment of the student's asthma or anaphylaxis; and
c. Includes guidelines for the treatment of the student in the case of an asthmatic
episode or anaphylaxis.
2. Neither a private school or a school district nor any employee of the private school or
district is liable for civil damages incurred by:
a. A student who administers emergency medication to himself or herself in
accordance with subsection 1.
b. An individual because a student was permitted to possess emergency medication
in accordance with subsection 1.
3. For purposes of this section, "emergency medication" includes a prescription drug
delivered by inhalation to alleviate asthmatic symptoms and a device that contains a
premeasured dose of epinephrine to prevent or treat a life-threatening allergic
reaction.
### § 15.1-19-17. Bullying - Definition.

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.
### § 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.
### § 15.1-19-19. Professional development activities.

Repealed by S.L. 2017, ch. 350, § 6.
### § 15.1-19-20. Bullying prevention programs.

Each school district shall provide bullying prevention programs to all students from
kindergarten through grade twelve.
### § 15.1-19-21. Causes of action - Immunity - School districts.

1. Sections 15.1-19-17 through 15.1-19-22 do not prevent a victim from seeking redress
pursuant to any other applicable civil or criminal law. Sections 15.1-19-17 through
against any person or school district, nor do sections 15.1-19-17 through 15.1-19-22
constitute grounds for any claim or motion raised by either the state or a defendant in
any proceedings.
2. Any individual who promptly, reasonably, and in good faith reports an incident of
bullying, reprisal, or retaliation to the school district employee or official designated in
the school district bullying policy is immune from civil or criminal liability resulting from
or relating to the report or to the individual's participation in any administrative or
judicial proceeding stemming from the report.
3. A school district and its employees are immune from any liability that might otherwise
be incurred as a result of a student having been the recipient of bullying, if the school

district implemented a bullying policy, as required by section 15.1-19-18 and
substantially complied with that policy.
### § 15.1-19-22. Causes of action - Immunity - Nonpublic schools.

1. Sections 15.1-19-17 through 15.1-19-22 do not prevent a victim from seeking redress
pursuant to any other applicable civil or criminal law. Sections 15.1-19-17 through
against any person or nonpublic school, nor do sections 15.1-19-17 through
defendant in any proceedings.
2. Any individual who promptly, reasonably, and in good faith reports an incident of
bullying, reprisal, or retaliation to the nonpublic school employee or official designated
in the school's bullying policy is immune from civil or criminal liability resulting from or
relating to the report or to the individual's participation in any administrative or judicial
proceeding stemming from the report.
3. A nonpublic school and its employees are immune from any liability that might
otherwise be incurred as a result of a student having been the recipient of bullying, if
the school implemented a bullying policy, similar to that required by section 15.1-19-18
and substantially complied with that policy.
### § 15.1-19-23. Medication program - Establishment - Opt-out - Liability - Immunity from

liability.
1. The board of a school district or the governing body of a nonpublic school may
establish a program for providing medication to students that includes authorizing
individuals to provide medication to a student if the individual has received education
and training in medication administration and has received written consent of the
student's parent or guardian.
2. A teacher or classified staff member, who is not employed as a licensed health care
provider to provide medication, may choose to not provide medication under the
program established under subsection 1.
3. An individual authorized to provide medication under subsection 1, or a school district,
the board of a school district, or the governing body of a nonpublic school that
establishes a program for providing medication to students is not civilly or criminally
liable for any act or omission of that individual when acting in good faith while
providing medication to a student, except when the conduct amounts to gross
negligence.
### § 15.1-19-23.1. Immunity from COVID-19-related liability - Exceptions.

1. As used in this section, "COVID-19" means:
a. Severe acute respiratory syndrome coronavirus 2 identified as SARS-CoV-2; and
b. Any disease caused by severe acute respiratory syndrome coronavirus 2
identified as SARS-CoV-2.
2. Subject to subsection 3, the superintendent of public instruction, school districts,
schools, school boards and individual school board members, governing boards and
individual governing board members, administrators, principals, teachers, and any
other school district employed personnel are immune from any civil liability for
damage, loss, or injury that results from a student or any other individual contracting,
being exposed to, or potentially being exposed to COVID-19 while in a public school,
on the premises of a school district, in a school district owned or leased schoolbus or
school vehicle, or at any public school or school district sanctioned or sponsored
activity or event.
3. Immunity under subsection 2 does not apply to damage, loss, or injury caused by an
individual's gross negligence or willful misconduct.

### § 15.1-19-24. Youth suicide prevention - Training.

Repealed by S.L. 2017, ch. 350, § 6.
### § 15.1-19-25. Student journalists - Freedom of expression - Civil remedy.

1. As used in this section:
a. "Protected activity" means an expression of free speech or freedom of the press.
b. "School-sponsored media" means any material that is prepared, substantially
written, published, or broadcast by a student journalist at a public school,
distributed or generally made available to members of the student body, and
prepared under the direction of a student media adviser. The term does not
include any media intended for distribution or transmission solely in the
classroom in which the media is produced.
c. "Student journalist" means a public school student who gathers, compiles, writes,
edits, photographs, records, or prepares information for dissemination in
school-sponsored media.
d. "Student media adviser" means an individual employed, appointed, or designated
by a school district to supervise or provide instruction relating to
school-sponsored media.
2. Except as provided in subsection 3, a student journalist has the right to exercise
freedom of speech and of the press in school-sponsored media, regardless of whether
the media is supported financially by the school district, by use of facilities of the
school district, or produced in conjunction with a class in which the student is enrolled.
Subject to subsection 3, a student journalist is responsible for determining the news,
opinion, feature, and advertising content of school-sponsored media. This subsection
may not be construed to prevent a student media adviser from teaching professional
standards of English and journalism to student journalists. A student media adviser
may not be dismissed, suspended, or disciplined for acting to protect a student
journalist engaged in a protected activity or for refusing to infringe on a protected
activity.
3. This section does not authorize or protect expression by a student that:
a. Is libelous, slanderous, or obscene;
b. Constitutes an unwarranted invasion of privacy;
c. Violates federal or state law; or
d. So incites students as to create a clear and present danger of the commission of
an unlawful act, the violation of school district policy, or the material and
substantial disruption of the orderly operation of the school.
4. A school district may not authorize any prior restraint of any school-sponsored media
except when the media:
a. Is libelous, slanderous, or obscene;
b. Constitutes an unwarranted invasion of privacy;
c. Violates federal or state law; or
d. So incites students as to create a clear and present danger of the commission of
an unlawful act, the violation of school district policies, or the material and
substantial disruption of the orderly operation of the school.
5. A school district may not sanction a student operating as an independent journalist.
6. Each school district shall adopt a written student freedom of expression policy in
accordance with this section. The policy must include reasonable provisions for the
time, place, and manner of student expression. The policy may also include limitations
to language that may be defined as profane, harassing, threatening, or intimidating. An
expression of free speech or freedom of the press made by a student journalist under
this section may not be construed as an expression of school policy. A school, school
official, employee, or parent or legal guardian of a student journalist may not be liable
in any civil or criminal action for an expression of free speech or freedom of the press
made by a student journalist, except in the case of willful or wanton misconduct.

### § 15.1-19-26. Prohibition on aiding and abetting sexual abuse.

1. The state educational agency, or local educational agency that receives federal funds
under section 8546 of the Elementary and Secondary Education Act [20 U.S.C. 7926]
shall prohibit any individual who is a school employee, contractor, or agent, or any
state educational agency or local educational agency, from assisting a school
employee, contractor, or agent in obtaining a new job, apart from the routine
transmission of administrative and personnel files, if the individual or agency knows,
there is confirmation, or there is an investigation underway based on a claim the
school employee, contractor, or agent engaged in sexual misconduct regarding a
minor or student in violation of law.
2. Subsection 1 does not apply if:
a. The information has been properly reported to a law enforcement agency with
jurisdiction over the alleged misconduct and any other authorities as required by
federal, state, or local law; and
b. (1) The matter has been officially closed or the prosecutor or police with
jurisdiction over the alleged misconduct has investigated the allegations and
notified school officials that there is insufficient information to establish
probable cause that the school employee, contractor, or agent engaged in
sexual misconduct regarding a minor or student in violation of the law;
(2) The school employee, contractor, or agent has been charged with, and
acquitted or otherwise exonerated of the alleged misconduct; or
(3) The case or investigation remains open and there have been no charges
filed against, or indictment of, the school employee, contractor, or agent
within one year of the date on which the information was reported to a law
enforcement agency.
### § 15.1-19-27. Conviction of aiding and abetting sexual abuse - Penalty.

Any individual who is a school district employee, contractor, or agent convicted of aiding
and abetting sexual abuse as described in section 15.1-19-26 is guilty of a class B
misdemeanor.
### § 15.1-19-28. Dress code - Inclusion of traditional tribal regalia and objects of cultural

significance.
The board of a school district or a school may not establish a dress code policy that
includes prohibiting a student from wearing traditional tribal regalia or objects of cultural
significance at a graduation ceremony. For purposes of this section "tribal regalia" or "object of
cultural significance" means an eagle feather or eagle plume.
### § 15.1-19-29. Mandated reporter of suspected child abuse or neglect - Training.

Repealed by S.L. 2025, ch. 171, § 2.
### § 15.1-19-30. Student sexual offense - Victim protection.

1. As used in this section:
a. "Responsible student" means a student enrolled in a school who is an
adjudicated juvenile or an adult convicted of committing a sexual offense upon
another student enrolled in the same school.
b. "Sexual offense" means an offense under chapter 12.1-20 for which "sexual act"
or "sexual contact", as defined in section 12.1-20-02, is an element and the
offenses under sections 12.1-20-05, 12.1-20-05.1, 12.1-20-12.1, 12.1-20-12.2,
and 12.1-20-12.3.
2. A responsible student enrolled in the same school as the victim shall adhere to a
safety plan developed by the school which may include:
a. Consideration of the victim's input.
b. No contact between the responsible student and the victim.

c. Holding an expulsion hearing for the responsible student which grants procedural
due process to the responsible student as provided by law and within the time
period prescribed under section 15.1-19-09. For a misdemeanor offense, before
holding an expulsion hearing, school administration shall review the offense to
determine whether an expulsion hearing is warranted.
d. Transferring a responsible student to an alternative education program, which
may include virtual education if the responsible student is properly supervised.
e. Transferring a responsible student to another school or building within the school
district.
f. Separating the responsible student from the victim at all times in school buildings
and educational activities, if transferring the responsible student is not possible.
g. Scheduled reviews of the safety plan to assess necessary adjustments and
ensure continued safety of the victim.
h. Other measures school administration deems appropriate to ensure the safety of
the victim.
3. The school shall determine the duration of a separation resulting from the safety plan
based on:
a. The victim's input and well-being;
b. The responsible student's age at the time of adjudication or conviction;
c. The nature and severity of the offense;
d. The responsible student's compliance with recommended intervention programs;
e. The input of the victim or responsible student's legal guardian or custodian, child
welfare and mental health professionals, and legal representatives; and
f. Other factors school administration deems appropriate.
4. A victim or the victim's legal guardian or custodian may request a review of the safety
plan, including modification or removal of restrictions.
5. Upon adjudication or conviction of a responsible student, the juvenile court in a
juvenile case or the state's attorney in an adult case shall provide the superintendent
or designee of the school district in which the responsible student is enrolled with a
copy of the order of disposition or judgment and, upon consent of the victim, the
victim's name. A record provided under this section is confidential under section
27-20.2-21.
