Title 15.1, Elementary and Secondary Education

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.

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 …

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 fr…

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.

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.

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…

The board of a school district may contract with licensed health care personnel to assist in the detection and eradication of communicable parasites.

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 distric…

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 stude…

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 possessi…

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 sa…

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 stud…

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 s…

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 …

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.

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: …

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 o…

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…

Each school district shall provide bullying prevention programs to all students from kindergarten through grade twelve.

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 15.1-19-22 do not create or alter any civil cause of action for monetary damages against any person or school…

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 15.1-19-22 do not create or alter any civil cause of action for monetary damages against any person or nonpub…

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 …

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 publ…

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 …

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…

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.

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 c…

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-…