SENATE BILL 80

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Pat Woods

AN ACT

RELATING TO BULLYING; REQUIRING DEVELOPMENT OF BULLYING PREVENTION POLICIES AND PROCEDURES FOR PUBLIC SCHOOLS; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 22-2-21 NMSA 1978 (being Laws 2011, Chapter 50, Section 1, as amended) is amended to read:

     "22-2-21. BULLYING AND CYBERBULLYING PREVENTION [PROGRAMS]--MODEL POLICY AND EDUCATIONAL MATERIALS--REQUIREMENTS.--

          A. By June 1, 2016, the department shall [establish guidelines for]:

                (1) in consultation with representatives of the public education commission, school personnel, parents, guardians and other interested parties:

                     (a) develop a model bullying prevention [policies to be promulgated by local school boards] policy; and

                     (b) develop model cyberbullying educational materials that address the seriousness of cyberbullying, responsible and safe use of the internet, options available to a student who is being cyberbullied and guidance on when to report cyberbullying to local police, school officials or phone or internet providers;

                (2) publish the model bullying prevention policy, training materials on the components of the policy and model cyberbullying educational materials on the department's website; and

                (3) promulgate rules regarding how each school district and governing body of a charter school shall communicate the school district's or governing body's bullying prevention policy to parents, guardians, students and school personnel and volunteers.

          B. By July 1, 2016, every local school board and governing body of a charter school shall:

                (1) in consultation with parents, guardians, students, school personnel and volunteers and other interested parties, promulgate a bullying prevention policy [by August 2011] that incorporates the provisions of the model bullying prevention policy;

                (2) communicate the bullying prevention policy to parents, guardians, students, employees and volunteers pursuant to rules promulgated by the department;

                (3) designate one person as the primary contact regarding bullying prevention. The contact person shall ensure implementation of bullying prevention policies in each school in the school district or in the charter school, receive copies of all formal and informal complaints related to bullying and act as the liaison between the school district, the public education commission and the department; and

                (4) provide to the department:

                     (a) a copy of the school district's or school's bullying prevention policy;

                     (b) a summary of the school district's or school's bullying prevention programs and procedures and bullying prevention instructional or training materials; and

                     (c) contact information for the school district's or school's primary bullying prevention contact person.

          C. Beginning July 1, 2017 and each year thereafter, every local school board and governing body of a charter school shall provide the department with updated information required to be submitted pursuant to Paragraph (4) of Subsection B of this section.

          D. By August 1, 2016, every public school shall implement a bullying prevention program [by August 2012

          B. Every local school board and governing body of a charter school shall promulgate a] that comports with the model bullying prevention policy.

          E. The model bullying prevention policy shall:

                (1) prohibit bullying of any student;

                (2) emphasize positive student character traits and values, the importance of civil and respectful speech and conduct and each student's responsibility to comply with the student's school's bullying prevention policy; and

                (3) include provisions specific to cyberbullying prevention [policy by August 2013. Cyberbullying prevention policies] and those provisions shall require that:

                     [(1)] (a) all licensed school employees complete training on how to recognize signs that a person is being cyberbullied;

                     [(2)] (b) 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)] (c) any school administrator or local superintendent who receives a report of cyberbullying take immediate steps to ensure prompt investigation of the report; [and

                     (4)] (d) 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; and

                     (e) educational materials that incorporate the provisions of the model cyberbullying educational materials be distributed to parents, guardians and students or be made available on every school's website.

          [C.] F. Each local school board and governing body of a charter school shall make any necessary revisions to its disciplinary policies to ensure compliance with the provisions of this section.

          [D.] G. As used in this section:

                (1) "bullying" means any intentional electronic, written, verbal or physical act, including an act motivated by a targeted student's actual or perceived race, color, religion, ancestry, national origin, gender, sexual orientation or mental, physical or sensory disability or other distinguishing characteristic, when the act:

                     (a) physically harms a targeted student or damages the student's property;

                     (b) has the effect of substantially interfering with a targeted student's educational benefits, opportunities or performance;

                     (c) is so severe, persistent or pervasive that it creates or is certain to create an intimidating, threatening or hostile environment on a school campus; or

                     (d) has the effect of substantially disrupting the orderly operation of a school;

                (2) "cyberbullying" means bullying via an 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]; and

                (3) "electronic" or "electronic communication" means a communication that involves the transmission of information by wire, radio, optical cable, electromagnetic or similar means."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.