H253: Prevent Students From Harm Act. Latest Version

Session: 2023 - 2024

House
Passed 1st Reading
Committee
Rules
Passed 3rd Reading
Senate
Passed 1st Reading
Rules


AN ACT to incorporate character education in addressing BULLYING AND HARASSING BEHAVIOR, to AUTHORIZE EXPERIENCED NONPROFITS TO PROVIDE CHILD SEXUAL ABUSE AND SEX TRAFFICKING TRAINING PROGRAMS FOR EDUCATORS, and to Provide Age‑Appropriate Information and resources on prevention of suicide, Abuse, and Neglect as part of the health education curriculum.



The General Assembly of North Carolina enacts:



 



part i. Incorporation of character education in addressing bullying and harassing behavior



SECTION 1.(a)  G.S. 115C‑81.60 reads as rewritten:



§ 115C‑81.60.  Character education.



(a)        Each local board of education shall develop and implement high‑quality character education instruction with input from the local community. The instruction shall be incorporated into the standard curriculum at all grade levels and should address the following traits:



(1)        Courage. – Having the determination to do the right thing even when others don't and the strength to follow your conscience rather than the crowd; and attempting difficult things that are worthwhile.



(2)        Good judgment. – Choosing worthy goals and setting proper priorities; thinking through the consequences of your actions; and basing decisions on practical wisdom and good sense.



(3)        Integrity. – Having the inner strength to be truthful, trustworthy, and honest in all things; acting justly and honorably.



(4)        Kindness. – Being considerate, courteous, helpful, and understanding of others; showing care, compassion, friendship, and generosity; and treating others as you would like to be treated.



(5)        Perseverance. – Being persistent in the pursuit of worthy objectives in spite of difficulty, opposition, or discouragement; and exhibiting patience and having the fortitude to try again when confronted with delays, mistakes, or failures.



(6)        Respect. – Showing high regard for authority, for other people, for self, for property, and for country; and understanding that all people have value as human beings.



(7)        Responsibility. – Being dependable in carrying out obligations and duties; showing reliability and consistency in words and conduct; being accountable for your own actions; and being committed to active involvement in your community.



(8)        Self‑discipline. – Demonstrating hard work and commitment to purpose; regulating yourself for improvement and restraining from inappropriate behaviors; being in proper control of your words, actions, impulses, and desires; choosing abstinence from premarital sex, drugs, alcohol, and other harmful substances and behaviors; and doing your best in all situations.



(b)        In addition to the instruction under subsection (a) of this section, local boards of education are encouraged to shall include instruction on the following responsibilities:



(1)        Respect for school personnel. – In the school environment, respect includes holding teachers, school administrators, and all school personnel in high esteem and demonstrating in words and deeds that all school personnel deserve to be treated with courtesy and proper deference.



(2)        Responsibility for school safety. – Helping to create a harmonious school atmosphere that is free from threats, weapons, and violent or disruptive behavior; behavior, and bullying and harassing behavior; cultivating an orderly learning environment in which students and school personnel feel safe and secure; and encouraging the resolution of conflicts and disagreements through peaceful means, including peer mediation. Instruction in this responsibility should include a consistent and age‑appropriate antiviolence message and a conflict resolution component for students in kindergarten through grade 12. These messages should include media‑awareness education to help children recognize stereotypes and messages portraying violence. For the purposes of this section, bullying and harassing behavior is as defined in G.S. 115C‑407.15.



(3)        Service to others. – Engaging in meaningful service to their schools and their communities. Schools may teach service‑learning by (i) incorporating it into their standard curriculum or (ii) involving a classroom of students or some other group of students in one or more hands‑on community service projects. All schools are encouraged to provide opportunities for student involvement in community service or service‑learning projects.



(4)        Good citizenship. – Obeying the laws of the nation and this State; abiding by school rules; and understanding the rights and responsibilities of a member of a republic.



SECTION 1.(b)  G.S. 115C‑407.16 reads as rewritten:



§ 115C‑407.16.  Policy against bullying or harassing behavior.



(a)        Before December 31, 2009, each Each local school administrative unit shall adopt and implement a policy prohibiting bullying or harassing behavior.



(b)        The policy shall contain, at a minimum, the following preventative components:



(1)        A statement prohibiting bullying or harassing behavior.



(2)        A definition of bullying or harassing behavior no less inclusive than that set forth in this Article.



(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.harassment, which may include additional high‑quality instruction on the traits and responsibilities of character education, as provided in G.S. 115C‑81.60, or participation in a conflict resolution and mediation model, as provided in G.S. 115C‑81.15.



(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)       At the beginning of each school year, the principal shall provide the local school administrative unit's policy prohibiting bullying and harassing behavior, including cyber‑bullying, to staff, students, and parents as defined in G.S. 115C‑390.1(b)(8). 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.



(e)        Information regarding the local policy against bullying or harassing behavior shall be incorporated into a school's employee training program.



(f)        To the extent funds are appropriated for these purposes, a local school administrative unit shall, by March 1, 2010, shall provide training on the local policy to school employees and volunteers who have significant contact with students.



 



part II. AUTHORIZation of EXPERIENCED NONPROFITS TO PROVIDE CHILD SEXUAL ABUSE AND SEX TRAFFICKING TRAINING PROGRAMS FOR EDUCATORS



SECTION 2.  G.S. 115C‑375.20 reads as rewritten:



§ 115C‑375.20.  Child sexual abuse and sex trafficking training program required.



(a)        Definitions. – The following definitions shall apply in this section:



(1)        School personnel. – Teachers, instructional support personnel, principals, and assistant principals. This term may also include, in the discretion of the employing entity, other school employees who work directly with students in grades kindergarten through 12.



(b)        Each employing entity shall adopt and implement a child sexual abuse and sex trafficking training program for school personnel who work directly with students in grades kindergarten through 12 that provides education and awareness training related to child sexual abuse and sex trafficking, including, but not limited to, best practices from the field of prevention, the grooming process of sexual predators, the warning signs of sexual abuse and sex trafficking, how to intervene when sexual abuse or sex trafficking is suspected or disclosed, legal responsibilities for reporting sexual abuse or sex trafficking, and available resources for assistance. This training may be provided by local nongovernmental organizations with expertise in these areas, local law enforcement officers, officers or other officers of the court. court, or nonprofit organizations with over 10 years of experience in providing research‑based child sexual abuse prevention curriculum. All school personnel who work with students in grades kindergarten through 12 shall receive two hours of training consistent with this section in even‑numbered years beginning in 2020.



(c)        No entity required to adopt a child sexual abuse and sex trafficking training program by G.S. 115C‑47(64), 115C‑218.75(g), 115C‑238.66(15), or 116‑239.8(b)(17), or its members, employees, designees, agents, or volunteers, shall be liable in civil damages to any party for any loss or damage caused by any act or omission relating to the provision of, participation in, or implementation of any component of a child sexual abuse and sex trafficking training program required by this section, unless that act or omission amounts to gross negligence, wanton conduct, or intentional wrongdoing. Nothing in this section shall be construed to impose any specific duty of care or standard of care on an entity required to adopt a child sexual abuse and sex trafficking training program by G.S. 115C‑47(64), 115C‑218.75(g), 115C‑238.66(15), or 116‑239.8(b)(17).



 



part III. PROVIDE AGE‑APPROPRIATE INFORMATION AND RESOURCES ON PREVENTION OF SUICIDE, ABUSE, AND NEGLECT AS PART OF THE HEALTH EDUCATION CURRICULUM



SECTION 3.  G.S. 115C‑81.25 reads as rewritten:



§ 115C‑81.25.  Health education.



(a)        Comprehensive health education instruction shall be developed and taught to students from kindergarten through ninth grade.



(b)        The State Board of Education shall do all of the following:



(1)        Supervise the development and operation of the statewide comprehensive school health education program, including curriculum development, teacher professional development, promotion of training in teacher preparation programs, learning material review, and assessment and evaluation of local programs in the same manner as for other programs.



(2)        Adopt objectives for the instruction of the subject areas listed in this section that are appropriate for each grade level.



(3)        Approve textbooks and other materials incorporating these objectives that local school administrative units may purchase with State funds.



(c)        The State Board of Education, through the Department of Public Instruction, shall, on a regular basis, review materials related to these objectives and distribute these reviews to local school administrative units for their information. This program includes age‑appropriate instruction in the following subject areas, regardless of whether this instruction is described as, or incorporated into a description of, family life education, family health education, health education, family living, health, healthful living curriculum, or self‑esteem:



(1)        Mental and emotional health.health, including resources, skills, and strategies for suicide prevention.



(2)        Drug and alcohol abuse prevention.



(3)        Nutrition.



(4)        Dental health.



(5)        Environmental health.



(6)        Family living.



(7)        Consumer health.



(8)        Disease control.



(9)        Growth and development.



(10)      First aid and emergency care, including the teaching of cardiopulmonary resuscitation (CPR) and the Heimlich maneuver by using hands‑on training with mannequins so that students pass a test approved by the American Heart Association or American Red Cross. For the purposes of this subdivision, schools shall do all of the following:



a.         Use an instructional program developed by the American Heart Association, the American Red Cross, or other nationally recognized programs that is based on the most current national evidence‑based emergency cardiovascular care guidelines for CPR.



b.         Maintain documentation in an electronic database that students have successfully completed CPR instruction to meet healthful living essential standards.



c.         Require successful completion of instruction in CPR to be a requirement for high school graduation by the 2014‑2015 school year.



(11)      Preventing sexually transmitted diseases, including HIV/AIDS, and other communicable diseases. As used in this section, HIV/AIDS means Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome.



(12)      Reproductive health and safety education.



(13)      Bicycle safety.



(14)      Abuse and neglect prevention, including sexual abuse, that is age appropriate and provides high‑quality information to students on resources for reporting abuse, consistent with the rule established pursuant to G.S. 115C‑12(47).



(d)       Parental Review. – The State Board of Education shall make available to all local school administrative units for review by the parents and legal guardians of students enrolled at those units any State‑developed objectives for instruction, any approved textbooks, the list of reviewed materials, and any other State‑developed or approved materials that pertain to or are intended to impart information or promote discussion or understanding in regard to the prevention of sexually transmitted diseases, including HIV/AIDS, to the avoidance of out‑of‑wedlock pregnancy, or to the reproductive health and safety education curriculum. The review period shall extend for at least 60 days before use.



(e)        Duty of Local School Administrative Units. – Each local school administrative unit shall provide a comprehensive school health education program that meets all the requirements of this section and all the objectives established by the State Board. Each local board of education may expand on the subject areas to be included in the program and on the instructional objectives to be met.



 



part iv. effective date



SECTION 4.  This act is effective when it becomes law. Sections 1 and 3 of this act apply beginning with the 2023‑2024 school year.