N.M. Admin. Code § 6.12.7.7

Current through Register Vol. 35, No. 20, October 22, 2024

Section 6.12.7.7 - DEFINITIONS

A."Bullying" means any severe, pervasive, or persistent act or conduct that targets a student, whether physically, electronically, or verbally, and that:

(1) may be based on a student's actual or perceived race, religion, color, national origin, ancestry, sex, sexual orientation, gender identify, spousal affiliation, physical or cognitive disability, or any other distinguishing characteristic; or an association with a person, or group with any person, with one or more of the actual or perceived distinguishing characteristics; and

(2) can be reasonably predicted to:

(a) place a student in reasonable fear of physical harm to the student's person or property;

(b) cause a substantial detrimental effect on a student's physical or mental health;

(c) substantially interfere with a student's academic performance, attendance, or participation in extracurricular activities; or

(d) substantially interfere with a student's ability to participate in or benefit from the services, activities, or privileges provided by a school or school-affiliated entity.

B."Cyberbullying" means any bullying that takes place through electronic communication.

C."Electronic communication" means a communication transmitted by means of an electronic device, including a telephone, cellular phone, computer, electronic tablet, pager or video or audio recording device.

D."Gender identity" means a student's self-perception, or perception by another, of the student's identity as a male or female based upon the student's appearance, behavior, or physical characteristics that are in accord with, or opposed to, the student's physical anatomy, chromosomal sex, or sex at birth.

E."Harassment" means a pattern of conduct that is intended to annoy, seriously alarm, or terrorize another person or group of people.

F."Physical or cognitive disability" means a physical or cognitive impairment that substantially limits one or more of a student's major life activities.

G."Progressive discipline" means disciplinary action other than suspension or expulsion from school that is designed to correct and address the basic causes of a student's specific misbehavior while retaining the student in class or in school, or restorative school practices to repair the harm done to relationships and other students from the student's misbehavior, and may include:

(1) meeting with the student and the student's parents;

(2) reflective activities, such as requiring the student to write an essay about the student's misbehavior;

(3) counseling;

(4) anger management;

(5) health counseling or intervention;

(6) mental health counseling or intervention;

(7) participation in skill-building and conflict resolution activities;

(8) community service; and

(9) in-school detention or in-school suspension that is for a constructive purpose and may take place during lunchtime, recess, after school, or during weekends.

H."Regular volunteers" means those persons, including relatives of students, who commit to serve on a regular basis at a school district, charter school, or other educational entity without compensation.

I."Sexual orientation" means heterosexuality, homosexuality, or bisexuality, whether actual or perceived.

N.M. Admin. Code § 6.12.7.7

6.12.7.7 NMAC - N, 11-30-06; A, 05-15-14, Adopted by New Mexico Register, Volume 30, Issue 21, November 12, 2019, eff. 11/12/2019