HOUSE BILL 355

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Elizabeth "Liz" Thomson

AN ACT

RELATING TO PUBLIC EDUCATION; PROVIDING PENALTIES FOR BULLYING AND CYBERBULLYING.

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--MINIMUM PENALTIES.--

          A. The department shall establish guidelines for bullying prevention policies to be promulgated by local school boards. Every local school board and governing body of a charter school shall promulgate a bullying prevention policy by August 2011. 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 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.

          C. In a case in which an incident of bullying or cyberbullying has been confirmed, the students responsible for instigating the bullying or cyberbullying, and their parents or guardians, shall be referred to the juvenile justice division of the children, youth and families department for mandatory counseling for the remainder of the school year.

          [C.] D. 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.] E. 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."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is August 1, 2017.

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