Nevada Department of EducationNevada Department of Education

Bullying/Cyberbullying

"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:

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?

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.

Persons with diverse gender identities NAC 388.880

NRS 233.020 defines Gender identity or expression as a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

Each school or school district shall address the rights and needs of persons with diverse gender identities or expressions on an individualized basis to foster the safe and healthy development of the gender identity and expression of each pupil.

Each governing body of a school or school district shall adopt a policy that includes without limitation:

  • A requirement that each member and employee governed by the policy receive annual training concerning the requirements and needs of persons with diverse gender identities or expressions. Trainings must include:
    • Methods to support appropriate engagement of parents and guardians of pupils with diverse gender identities or expressions.
    • Developing and implementing an individual’s plan to address the rights and needs of a pupil with diverse gender identities.
    • Instruction on appropriate definitions and terminology to describe the requirements needs and experiences of persons with diverse ge3nder identities or expressions.
  • A limitation on discipline so that an employee, volunteer or pupil may only be disciplined for the failure to refer to a pupil using a name or pronoun identified by the parent or guardian of the pupil if that failure
    • Constitutions bullying or cyber-bullying
    • Violates a policy or regulation of the governing body of the school or school district.
  • A requirement that the administrator of a school in which a pupil who has a diverse gender identity or expression is enrolled convene a team to develop an individualized plan to address the rights and needs of the pupil. The team must consist of the pupil, the parent or guardian of the pupil, any representative of a community-based group chosen by the parent or guardian of the pupil and one or more members of the staff of the school. The team shall submit the plan for the approval to the administrator of the school.

Each individualized plan developed by the committee must not conflict with any applicable regulations or policies of the Nevada Interscholastic Activities Association, the requirements of NRS 651.050 to 651.110, inclusive, or any policies of the school district concerning public use of district facilities. It must also take into consideration the rights and needs of the pupil for whom the plan is developed, the ability of the school to comply with the requirements of the plan and the rights and needs of all pupils enrolled at the school.

Each plan must have the following components:

  • Methods to ensure the protection of the privacy of each person governed by the plan;
  • Methods to support the appropriate engagement of the parent or guardian off the pupil for whom the plan is developed;
  • Measures to ensure that each person governed by the plan including, without limitation, each employee, volunteer and pupil, uses only the names and pronouns to refer to the pupil for whom the plan is developed that have been designated by the parent or guardian of the pupil, as recorded through the registration and enrollment process or the pupil information system of the school or school district, in reference to or in any verbal or written communication with the pupil;
  • Measures to ensure that the pupil for whom the plan is developed has access to academic courses and services that are appropriate for and supportive of the pupil, including without limitation:
    • Classroom activities that are relevant and meaningful to and appropriate for the pup il and do not discriminate or segregate according to gender identity or expression; and
    • Physical education, assemblies, dances, ceremonies, intramural activities and other school activities that are appropriate for the pupil and do not discriminate or segregate according to gender identity or expression;
  • Measures necessary to ensure that the pupil for whom the plan is developed is able to dress and act in an appropriate manner in accordance with his or her gender expression or identity, including without limitation:
    • Any accommodations necessary to ensure that the pupil is able to comply with a dress code or uniform policy in a manner that is physical and emotionally comfortable for the pupil.
    • Policies concerning yearbook photographs that allow the pupil to choose clothing that aligns with the gender identity or expression of the pupil and, if applicable, allows for a yearbook photograph that is no gender-specific; and
    • Authorization for the pupil to select a cap and gown combination for graduation that aligns with gender identity or expression of the pupil.
    • A requirement that the name of the pupil that has been designated by the parent or guardian of the pupil, as recorded through the registration and enrollment process or the pupil information system of the school or school district, be read during ceremonies and other events, including, without limitation, graduation ceremonies.

Any plan developed is not required to include any items listed if the parent or guardian of the pupil for whom the plan is developed elects to omit the item.

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 employee who 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.
  1. The principal will meet with each student that was directly involved to determine if bullying did or did not occur.
  2. 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.
  3. 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.
  4. 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 5 days or within 7 days if extenuating circumstances prevent the investigation from being completed in a timely manner.

  • 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:

  • After the bullying investigation is completed and you do not agree with the school’s decision, 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. NDE-OSRLE Appeal Process. Please send an email to rhodora.alonzo@doe.nv.gov. You may also call (702)-486-7953 or (775)-687-9134 for any questions or for further assistance.

  • If the school finds that bullying did not occur, the 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) NRS 392.4671 Suspension or Expulsion of Pupil: Appeals

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