Memorandum: Article 29C School Violence Prevention Question: 1.

What is considered bullying and what locations protected as safe environments under this preventative act? 2.Whom does school violence prevention law protect? Brief Answer: 1. It is any pattern (more than one occurrence) of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication, that takes place on school property at any time, that has an individual in fear of his or her life or personal property. It also includes anything enabling a hostile environment as well. School property includes buses, fieldtrip locations and bus stops. 2. Students, teachers, and school employees are protected and can be punished for committing bullying acts. Statement of Facts: 1. G.S 115C 407.15(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.

2. According to the Article, those being protected are those that are in the school environment on the daily bases and those that are there infrequently so that the school environment is considered safe for everyone. The rules that are set for every school within North Carolina are as followed set by the legislators, lead by house representative Rick Glazier and senator Julia Boseman. (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. (It is common for these policies to be read and spoken to the students at the beginning of the school year, along with student and parent signatures of notification of the policy) (e) Information regarding the local policy against bullying or harassing behavior shall be incorporated into a school's employee training program. (2009 212, s. 1; 2009 570, s. 39.)

Discussion: The preventative measures to ensure the physical and emotional safety of individuals in the public school environment are presented clearly. Bullying (or harassment) has been defined by the state legislator to include verbal, technological, written, and physical communications that lead to endangering a peaceful learning environment or threatening harm to a person or items belonging to them. The article included but is not limited to any school function or location where individuals are presently gathered due to a public school related event. This bill was not passed the first time around because some legislators were opposed to its acknowledgement classification of victims included sexual orientation and gender identity. The second time around in 2009, the bill it was lead by members in both the house (Rick Glazier of Cumberland County) and the senate (Julia Boseman of New Hanover) and passed. Governor Bev Perdue received the bill on June 23, 2009 and signed the bill into law in June 30, 2009. In 2012, amendments

to the law added elements of cyber bullying that included any abuses caused through the use of technology such as computers, text messages, photographs, etc. Article 60, General Statutes 14-453: (1) "Access" means to instruct, communicate with, cause input, cause output, cause data processing, or otherwise make use of any resources of a computer, computer system, or computer network. "Authorization" means having the consent or permission of the owner, or of the person licensed or authorized by the owner to grant consent or permission to access a computer, computer system, or computer network in a manner not exceeding the consent or permission. "Commercial electronic mail" means messages sent and received

(1a)

(1b)

electronically consisting of commercial advertising material, the principal purpose of which is to promote the for profit sale or lease of goods or services to the recipient. 2. In 1999 the U.S. Supreme Court case Davis v. Monroe County Board of Education found schools liable for student-on-student bullying. It found that schools receiving federal funding were liable to protect against discrimination and harassment that impede on the learning environment. This decision was previous to the article but validates Senator Rick Glazier creation of the original bill in 2007 to protect both the students and employees in North Carolina schools. Conclusions: I think that School Violence Prevention is needed in schools to enable students to learn in a safe environment that ensures equality. The Act clearly states that violence and harassment come in many different forms including verbal, physical and cyber that threaten to inflict harm to an individual or individuals property. The offenses can be based on prejudices towards an individuals ethnicity, religion, race, physical or mental capacity, gender, or quality of life. Additionally, any act of bullying that takes place in, on, or at school-related events, locations, and gatherings is deemed as punishable for its connection to the safety of an individual in the school environment.

I recommend the continuation of this act and the addition of more training for counselors on how to handle situations of bullying. The counselors then could guide the prevention process along with administrators at the individual schools including training the staff, guidelines for reporting, interventions and punishment remediation for violators. Since there isnt a specific protocol in handling bullying besides consequences deemed valid by the administrator in charge, there isnt consistency across the state. I think the consistency would benefit students, staff, community members and parents to showcase clear lines of protocol and not have the consequences differ by area. This would lead to no surprises as to consequences given out to those that violate the School Violence Prevention Law or reactions to peoples

References Davis v. Monroe County Board of Education, 526 U.S. 629, 119 S. Ct. 1661 (1999) Equality North Carolina (2009). School Violence Prevention Act implementation toolkit. Retrieved from Equalitync.org: http://www.acluofnorthcarolina.org/files/SVPAImplementationToolkit.pdf North Carolina General Statutes. Chapter 115C.Article 29 115C-407.15