New Mexico

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New Mexico Anti-Bullying Laws & Policies

Key Components

What terms are used in New Mexico anti-bullying laws and regulations?

Bullying. Harassment is defined separately.

Do these laws cover cyberbullying?

Yes.

What groups are listed under New Mexico anti-bullying laws and regulations?

The following groups are listed under New Mexico anti-bullying laws and regulations:

  • Race
  • Color
  • Sex
  • Ethnicity
  • National origin
  • Religion
  • Disability
  • Age
  • Sexual orientation

Schools that receive federal funding are required by federal law to address discrimination on a number of different personal characteristics. Find out when bullying may be a civil rights violation.

Is there a state model policy I can use to create anti-bullying policies for my school or district? 

The New Mexico state model policy is available on the New Mexico Public Education Department website.

Which of the key components can be found in New Mexico anti-bullying laws, regulations, and model policies?

DEFINITIONS
Key Components Present in New Mexico State Laws and Regulations Present in New Mexico Model Policy
Purpose YES YES
Scope YES YES
Prohibited Behavior YES YES
Enumerated Groups YES YES
DISTRICT POLICY REVIEW & DEVELOPMENT
Key Components Present in New Mexico State Laws and Regulations Present in New Mexico Model Policy
District Policy YES YES
District Policy Review NO YES
DISTRICT POLICY COMPONENTS
Key Components Present in New Mexico State Laws and Regulations Present in New Mexico Model Policy
Definitions YES YES
Reporting YES YES
Investigations YES YES
Written Records NO YES
Consequences YES YES
Mental Health YES NO
ADDITIONAL COMPONENTS
Key Components Present in New Mexico State Laws and Regulations Present in New Mexico Model Policy
Communications YES YES
Training/Prevention YES YES
Transparency/Monitoring NO YES
Legal Remedies NO NO

NOTE: Click on the Key Components links to get more information about that component.

What are the New Mexico state laws that cover bullying?

How are bullying and cyberbullying defined in New Mexico anti-bullying laws and regulations?

New Mexico anti-bullying laws and regulations include the following definitions of bullying, cyberbullying, and harassment:

"Bullying" means any repeated and pervasive written, verbal or electronic expression, physical act or gesture, or a pattern thereof, that is intended to cause distress upon one or more students in the school, on school grounds, in school vehicles, at a designated bus stop, or at school activities or sanctioned events. Bullying includes, but is not limited to, hazing, harassment, intimidation or menacing acts of a student which may, but need not be based on the student's race, color, sex, ethnicity, national origin, religion, disability, age or sexual orientation.

"Cyberbullying" means electronic communication that:

    (1) targets a specific student;

    (2) is published with the intention that the communication be seen by or disclosed to the targeted student;

    (3) is in fact seen by or disclosed to the targeted student; and

    (4) creates or is certain to create a hostile environment on the school campus that is so severe or pervasive as to substantially interfere with the targeted student's educational benefits, opportunities or performance.

"Harassment" means knowingly pursuing a pattern of conduct that is intended to annoy, alarm or terrorize another person.

6.12.7.7 NMAC (2014)

Do New Mexico anti-bullying laws and regulations cover cyberbullying that occurs off-campus?

No. New Mexico anti-bullying laws do not cover off-campus conduct.

What are the policy requirements for schools to prevent and respond to bullying behavior?

New Mexico school districts must adopt a policy prohibiting bullying and cyber-bullying. District policies must contain key policy and procedural elements, including, but not limited to:

  • Definitions of prohibited behavior;
  • Prohibitions against bullying and cyberbullying;
  • Statements regarding how the policy will be publicized within the district;
  • Procedures for reporting and investigation;
  • Disciplinary consequences for violations of policy;
  • Procedures for reporting and investigations; and;
  • Requirements to include anti-bullying as part of the health education curriculum.

New Mexico antibullying laws require districts to submit assurances to the department of the adoption and implementation of policy, the review and revision of disciplinary policies to ensure that policies address cyberbullying, implementation of cyberbullying training for all licensed employees, and implementation of bullying and cyberbullying prevention programs.

Do New Mexico anti-bullying laws and regulations include protections for specific groups?

No. New Mexico anti-bullying laws state that bullying includes, but is not limited to, hazing, harassment, intimidation or menacing acts of a student which may, but need not be based on the student's race, color, sex, ethnicity, national origin, religion, disability, age or sexual orientation.

New Mexico schools that receive federal funding are required by federal law to address discrimination on a number of different personal characteristics. Find out when bullying may be a civil rights violation.

Do New Mexico anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?

Yes. New Mexico school districts are required to implement a bullying and cyberbullying prevention program and are required to include anti-bullying information as part of the health education curriculum. Local school boards must submit to the department, as directed by the department, assurances of implementation of bullying and cyberbullying prevention programs.

Do New Mexico anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to respond to bullying incidents?

Yes. New Mexico school districts must provide training to school employees on how to recognize signs of cyberbullying.

Do New Mexico anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?

Yes. New Mexico district policies require school administrators to take prompt disciplinary action in response to cyberbullying, which may include counseling and mediation consistent with the legal rights of involved students.

Do New Mexico anti-bullying laws and regulations involve parents in efforts to address bullying behavior?

No. New Mexico anti-bullying laws do not create expectations for parent involvement in addressing bullying.

For More Information

Visit the New Mexico Public Education Department’s “Bullying Prevention” webpage.

The key component framework used in the analysis of state laws is based on the review of legislation presented in the “Analysis of State Bullying Laws and Policies – December 2011” (U.S. Department of Education).

 

Content last updated on June 22, 2017