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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My daughter is being harassed by bullies at school. They have

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My daughter is being harassed by bullies at school. They have not threatened her to her face but have told other students that they are going to jump her. They have cussed her though. They have waited for her afterschool one day and one boy came toward her car telling her to get the F*** out of her car. There is a witness to this incident. The school will not do anything about it. I have been to the local law enforcement which are willing to help but their hands are tied. NC state laws requires physical contact in order to issue any type warrant or consequences. She will have to be threatened verbally to her face which these kids know that rule from a previous incident with one of them. What rights does my daughter have and are there any loop holes. Also one of the kids lives in another county and has transferred to our school district. Can I dispute the childs privelege of attending a school out of her district?
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
NC has a school violence protection act, see below statute, and the school must take action. In the meantime, you can also go to the clerk of court in the location where the student lives and file for a restraining order against the child from being near your child. Then you would have to serve a copy of the restraining order on the school board and demand they enforce it.

School Violence Prevention.

"§ 115C-407.5. Bullying and harassing behavior.

(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.

(b) No student or school employee shall be subjected to bullying or harassing behavior by school employees or students.

(c) No person shall engage in any act of reprisal or retaliation against a victim, witness, or a person with reliable information about an act of bullying or harassing behavior.

(d) A school employee, student, or volunteer who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior shall report the incident to the appropriate school official.

"§ 115C-407.6. Policy against bullying or harassing behavior.

(a) Before December 31, 2007, each local school administrative unit shall adopt a policy prohibiting bullying or harassing behavior.

(b) The policy shall contain, at a minimum, the following 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 from 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) 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.

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

(e) To the extent funds are appropriated for these purposes, a local school administrative unit shall:

(1) Provide training on the local policy to school employees and volunteers who have significant contact with students; and

(2) Develop a process for discussing the policy with students.

"§ 115C-407.7. Prevention of school violence.

Schools shall develop and implement methods and strategies for promoting school environments that are free of bullying or harassing behavior.

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