Overview

“Pupils are the most vital resource to the future of this State. A learning environment that is safe and respectful is essential for the pupils enrolled in the schools in this State and is necessary for those pupils to achieve academic success and meet this State’s high academic standards. Every classroom, hallway, locker room, cafeteria, restroom, gymnasium, playground, athletic field, school bus, parking lot and other areas on the premises of a school in this State must be maintained as a safe and respectful learning environment, and no form of bullying or cyber-bullying will be tolerated within the system of public education in this State. Any form of bullying or cyber-bullying seriously interferes with the ability of teachers to teach in the classroom and the ability of pupils to learn.” NRS 388.132  

Bullying resources: 

• Bullying Pamphlet
  • English
  • Spanish
• Stopbullying.gov
• Bullying and Cyberbully from schoolsafety.gov 
• Bullying Prevention
• Bullying Prevention Self-Assessment for School Teams 
• Bully Prevention Manual/Curriculum for Elementary Level 
• Bullying Prevention Manual/Curriculum for Secondary Levels (Middle & High) 
• White Paper on Reducing the Effectiveness of Bullying Behavior In Schools   

Nevada Law & Regulations

NRS 388.121 – NRS 388.137 (laws regarding provision of a safe and respectful learning environment, defining & prohibiting bullying, outlining reporting & response requirements)

NAC 388.875 – NAC 388.920 (regulation establishing the Model Policy for a Safe and Respectful Learning Environment)   

• New legislation AB 371 (2021)

What is Bullying?

Does it?   

• physically harm a person or damage the property of a person
• place a person in reasonable fear of physical harm or damage to the property of the person
• create an intimidating or hostile educational environment
• substantially interfere with the academic performance of a student or the ability of the student to participate in or benefit from services, activities or privileges provided by a school
• target someone based on their actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person, or target someone based on their association with another person having one or more of those actual or perceived characteristics 

What is Discrimination based on race? (New 2021)

Discrimination based on race means any single or repeated or pervasive act or acts, whether targeted to a specific person or targeted in general to any demographic:  

• Regarding the race, color, culture, religion, language, ethnicity or national origin of a person that causes harm or creates a hostile work or learning environment, which may include, without limitation, jokes, threats, physical altercations or intimidation.
• Occurs in person, online or in any other setting including, without limitation, in a course of distance education.

Bullying can be: 

• communicated verbally, electronically (cyberbullying) or in writing, or any combination of those
• a single severe and willful act
• a criminal act too (in some instances)
• repeated or pervasive taunting, name-calling, belittling, mocking or use of put-downs or demeaning humor
• behavior that is intended to harm another person by damaging or manipulating his or her relationships with others, such as spreading false rumors
• repeated or pervasive nonverbal threats or intimidation such as the use of aggressive, menacing or disrespectful gestures
• threats of harm to a person, to his or her possessions or to other persons
• blackmail, extortion or demands for protection money, or involuntary loans or donations
• blocking access to any property or facility of a school
• stalking
• physically harmful contact with or injury to another person or his or her property 

Exceptions:

Nevada’s bullying laws do NOT apply to children in pre-kindergarten or to incidents that occur from one adult to another adult in a school setting.

What if a crime was committed? 

• If law enforcement begins a criminal investigation, the school may stop their investigation into bullying until the criminal investigation is completed.
• The school must still create a safety plan for each student that was directly involved.  

Reporting procedures for school staff: 

• Any school district employeewho witnesses bullying  or receives a report that bullying has happened shall report it to the principal or designee as soon as practical and no later than during the same day on which the report was received or the bullying witnessed.
• Notification to principal can happen via text, email, phone call, etc.
• Tell a trusted adult in your school: a counselor, teacher, coach, principal, etc.
• Online at SafeVoiceNV.org
• 24-hour hotline: 1-(800)-216-7233
• Download the SafeVoice Nevada app 

Upon Receiving a Report:

1. The school will make sure that all students involved are safe.
2. The school will notify the parents of any student that was directly involved.
3. The school will create a safety plan for each student that was directly involved.
   • The safety plan must be created in a way that causes the least possible disruption to the victim(s) and the interests of the victim(s) must be given priority over any interest of the reported aggressors when determining how to carry out the plan.    
    
4. The principal will meet with each student that was directly involved in order to determine if bullying did or did not occur. 
5. Once the principal finishes their investigation, they will give a confidential copy of the report to the parents of the reported aggressor.  The parents of the reported victim can also request a copy.  
6. Sometime in the next 10 days, the principal will meet with each student that was directly involved to make sure that the safety plan is working.
7. An incident of discrimination based on race shall be categorized as a racially motivated or hate incident in the student information system (i.e., Infinite Campus). (New 2021) 

Timelines: 

• All school employees must report possible incidents of bullying to the principal on the same day.
• The school must immediately make sure that all students involved are safe.
• The notification to parents of students that were directly involved that the school will be conducting a bullying investigation must be done by the time the school’s office closes on the same school day that the report was made.
• The principal must start the investigation immediately.
• The investigation for bullying must be completed within 2 days (3 days if parents were unable to be reached).
• The investigation for cyberbullying can be extended to up to 5 days, with consent from the parents/ guardians of the victim(s).
• The principal must meet with all students that were directly involved within 10 days to make sure that the safety plan is still working.  

My child was bullied: what happens now? 

• The school will work with your child to develop a safety plan to help ensure the bullying is stopped.
• The safety plan must be created in a way that causes the least possible disruption to the victim(s) and the interests of the victim(s) must be given priority over any interest of the reported aggressors when determining how to carry out the plan.  

My child was bullying: what happens now? 

• The school will recommend a plan that will help your child to see that harm that their actions have caused, ways to repair that harm, and how to keep your child from bullying or cyberbullying in the future.
• The school may also impose restorative disciplinary action or create a plan that supports the physical and emotional well-being of your child.   

Your rights: 

• If your child is found to have committed an act of bullying, you may appeal the decision through your school district’s appeal process.  Contact your school district’s main office for more information.
• If you have appealed through your school district but you still do not agree with the decision you may appeal through the Nevada Department of Education’s Office for a Safe and Respectful Learning Environment. 
• The appeal must be done within 30 days.  Visit NDE’sOffice for a Safe and Respectful Learning Environment or call (775)-687-9134.
• If the school finds that bullying did not occur information concerning the incident must not be included in the educational record of the reported aggressor.
• If your child is found to be a victim of bullying, you may request that they be placed at another school within your district.  Contact your school district’s main office for more information.
• If a child is investigated for bullying but the school team finds that the actions were a result of the child’s disability and those actions are addressed under the child’s IEP (individualized educational program) the school cannot apply the bullying laws.  The school must still notify the parents of all reported victims.
• Parents/guardians also have a right to appeal any suspension or expulsion, including one that results from the outcome of a bullying investigation, and must do so within 5 days of being notified of the suspension or expulsion. The school must provide information on how to appeal a suspension or expulsion to parents/guardians at the time of any suspension or expulsion. (New 2021)   

What to do if you witness an incident of discrimination based on race? (New 2021)

If a parent or guardian of a student who witnesses an incident of discrimination based on race, they may report the incident to the school administrator or another person at the school that the administrator has designated to receive those reports.

Parents, guardians, and students may also report incidents of discrimination based on race, in addition to bullying and cyberbullying, using SafeVoice: 

• Online at SafeVoiceNV.org
• 24-hour hotline: 1-(800)-216-7233
• Download the SafeVoice Nevada app on the Apple Store or Google Play