SB 381, signed April 10, 2015: AN ACT RELATING TO CHILDREN; ENACTING THE CARLOS VIGIL MEMORIAL ACT; CREATING THE CARLOS VIGIL MEMORIAL BOARD TO AWARD GRANTS TO PROGRAMS AND SERVICES TO ERADICATE BULLYING STATEWIDE; CREATING THE ERADICATE BULLYING FUND; MAKING AN APPROPRIATION.
NM Stat § 22-2-21 (2013) – Bullying and cyberbullying prevention programs.
A.department shall establish guidelines for bullying prevention policies to be promulgated by local school boards.Every local school board shall promulgate a bullying prevention policy by August 2011.Every public school shall implement a bullying prevention program by August 2012.
- Every local school board shall promulgate a specific cyberbullying prevention policy by August 2013. Cyberbullying prevention policies shall require that:
(1) all licensed school employees complete training on how to recognize signs that a person is being cyberbullied;
(2) any licensed school employee who has information about or a reasonable suspicion that a person is being cyberbullied report the matter immediately to the school principal or the local superintendent or both;
(3) any school administrator or local superintendent who receives a report of cyberbullying take immediate steps to ensure prompt investigation of the report; and
(4) school administrators take prompt disciplinary action in response to cyberbullying confirmed through investigation. Disciplinary action taken pursuant to this subsection must be by the least restrictive means necessary to address a hostile environment on the school campus resulting from the confirmed cyberbullying and may include counseling, mediation and appropriate disciplinary action that is consistent with the legal rights of the involved students.
- Each local school board shall make any necessary revisions to its disciplinary policies to ensure compliance with the provisions of this section.
- As used in this section, “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.
History: Laws 2011, ch. 50, § 1; 2013, ch. 178, § 1.
NMAC 6.12.7; Statutory regulation which has the force of law; http://www.nmcpr.state.nm.us/nmac/parts/title06/06.012.0007.htm
Here is a useful document summarizing school discipline laws in New Mexico (updated March 20, 2015): https://safesupportivelearning.ed.gov/sites/default/files/discipline-compendium/New%20Mexico%20School%20Discipline%20Laws%20and%20Regulations.pdf
Criminal electronic harassment (does not expressly include electronic forms): http://jec.unm.edu/education/online-training/stalking-tutorial/stalking-harassment-statutes/ss30-3a-2