North Carolina § 115C-366 - 4. Assignment of students convicted of cyber-bullying.

§ 115C-366. 4. Assignment of students convicted of cyber-bullying.

A student who is convicted under G.S. 14-458.2 of cyber-bullying a school employee shall be transferred to another school within the local school administrative unit. If there is no other appropriate school within the local school administrative unit, the student shall be transferred to a different class or assigned to a teacher who was not involved as a victim of the cyber-bullying. Notwithstanding the provisions in this section, the superintendent may modify, in writing, the required transfer of an individual student on a case-by-case basis. History (2012-149, s. 9.) Editor's Note. - Session Laws 2012-149, s. 12, made this section effective July 12, 2012, and applicable beginning with the 2012-2013 school year. Session Laws 2012-149, preamble, provides: "Whereas, the General Assembly of North Carolina finds that a safe and civil environment in school is necessary in order for students to learn and achieve high academic standards; and "Whereas, bullying and harassment, like other disruptive or violent behaviors, disrupt both a student's ability to learn and a school's ability to educate its students in a safe environment; and "Whereas, bullying and harassing behaviors create a climate that fosters violence in our schools; and "Whereas, it is essential to enact a law that seeks to protect the health and welfare of North Carolina students and improve the learning environment for North Carolina students; and "Whereas, to do so, State and national data and anecdotal evidence have established the need to identify the most vulnerable targets and potential victims of bullying and harassment; and "Whereas, the sole purpose of this law is to protect all children from bullying and harassment, and no other legislative purpose is intended nor should any other intent be construed from passage of this law; Now, therefore." Legal Periodicals. - For article, "How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy that Considers First Amendment, Due Process, and Fourth Amendment Challenges," see 46 Wake Forest L. Rev. 641 (2011).