A plain-English guide to New Mexico’s bullying and cyberbullying law, written for school counselors and other school staff. Start with the summary, then open any section below for the legal details.
Bottom line for counselors: New Mexico requires every school district to have a written bullying policy. The law covers cyberbullying, including off-campus behavior that affects school. Follow your district's reporting and investigation steps and keep careful notes.
New Mexico's bullying law includes 14 of 14 key elements, which Lantern rates comprehensive. New Mexico has no crime specific to cyberbullying, but general harassment, threat and stalking laws can apply. State law lets schools discipline students for cyberbullying. School phones: requires districts to establish cellphone policies (SB 11, April 10, 2025).
Sources last checked: StopBullying.gov summary reviewed May 7, 2026 · school phone rules checked November 11, 2026.
Lantern · State profile
Comprehensive state protections · 14 of 14 key elements
- Covers cyberbullying Yes
- Reaches off-campus behavior Yes
- District policy required Yes
- Reporting & investigation rules Yes
- Staff training Yes
- Support for students involved Yes
- School phone rules Districts must set a phone policy
- Online safety laws for minors None listed
What this means for counselors
- Your district is required to have a written bullying policy. Find it, and learn who in your building receives reports.
- State law sets expectations for reporting and investigating bullying. Follow your district's steps and timelines, and keep careful notes.
- Cyberbullying that happens off campus can be addressed when it affects school. Record how the online behavior reached or disrupted school.
- The law calls for support for students who are involved. That is core counseling work, for the student targeted and for the student who bullied.
- Staff training is part of state law. Ask when training happens and make sure it covers cyberbullying and social media.
- Prevention education is expected. Classroom lessons on digital citizenship and online empathy fit here.
- The law names protected groups. Bullying based on these characteristics may also be a civil rights issue for your school.
What New Mexico’s bullying law includes
- Bans bullying outright: included
The law clearly states that bullying is not allowed. - Defines bullying: included
The law spells out what counts as bullying. - Says where the rules apply: included
The law describes where the rules apply, such as school grounds, buses, events, or online. - Names protected groups: included
The law lists characteristics, such as race or disability, that bullying often targets. - Districts must have a policy: included
Every school district has to adopt a written bullying policy. - Reporting and investigation rules: included
The law sets out how bullying is reported and investigated. - Consequences for bullying: included
The law describes consequences for students who bully. - Policy shared with families: included
Districts have to tell students, staff, and families about the policy. - Support for students involved: included
The law calls for protection or support, such as counseling, for students who are involved. - Policies reviewed and updated: included
District policies have to be reviewed and kept up to date. - Prevention education: included
The law requires or encourages bullying prevention lessons or programs. - Staff training: included
The law requires or encourages training for teachers and other staff. - Parent involvement: included
The law involves parents in preventing or responding to bullying.
Questions and answers about the law
Do New Mexico anti-bullying laws and regulations cover cyberbullying that occurs off-campus?
Yes. New Mexico anti-bullying laws prohibit electronic communication directed at a student, that is published with the intent that it be seen by or disclosed to that student and that substantially interferes with the student’s ability to participate in or benefit from the services, activities or privileges provided by the public school.
What are the policy requirements for schools to prevent and respond to bullying behavior?
New Mexico school districts must adopt policies to prevent bullying. District policies must contain key policy and procedural elements, including, but not limited to:
- Definitions of prohibited behavior that conform to definitions in state law;
- Statements prohibiting bullying and retaliation against persons who report or witness incidents of bullying;
- Discipline consequences that are designed to appropriately correct the behavior, prevent another occurrence, and protect the target of bullying;
- Procedures for reporting and investigations, including designation of a school administrator to lead an investigation, and timelines for reporting;
- Procedures for the notification of the parents of the student alleged to have committed any act of bullying and the parents of the students targeted by the alleged act;
- An appeals process for a student accused of bullying or a student who is the target of bullying who is not satisfied with the outcome of the investigation; and
- Procedures for developing a student safety support plan for students who are the target of bullying.
New Mexico school boards must include prevention policies in student handbooks and must produce and disseminate policies in languages spoken by families at home. New Mexico school boards must also establish procedures for schools to report aggregate incidents of bullying and harassment and to report information annually to the Department of Education.
Do New Mexico anti-bullying laws and regulations include protections for specific groups?
Yes. New Mexico anti-bullying laws prohibit bullying that may be based on a student’s actual or perceived distinguishing characteristics as defined in the Safe Schools for All Students Act (see Definitions A (1)).
New Mexico schools that receive federal funding are required by federal law to address discrimination based on certain personal characteristics. Find out when bullying may be a civil rights violation.
Do New Mexico anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?
Yes. New Mexico public schools must establish an annual bullying prevention program for students that is included in New Mexico’s health education content standards with benchmarks and performance standards.
Do New Mexico anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to respond to bullying incidents?
Yes. New Mexico public schools must provide annual training on bullying prevention to all employees and volunteers who have significant contact with students and must incorporate information on the bullying prevention policy into new employee training.
Do New Mexico anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?
Yes. New Mexico public schools must adopt policies that include a procedure for the investigation of bullying complaints, including the development of a student safety support plan for students who are targets of bullying that addresses safety measures the school will take to protect targeted students against further acts of bullying.
Do New Mexico anti-bullying laws and regulations involve parents in efforts to address bullying behavior?
Yes. New Mexico anti-bullying laws require districts to adopt a procedure for notification of the parents of the student alleged to have committed an act of bullying and the parents of the students targeted by the alleged act.
Answers from StopBullying.gov, last reviewed May 7, 2026.
School phone and device rules
Requires districts to establish cellphone policies. Most recent statewide action: SB 11, April 10, 2025.
Source: Ballotpedia, checked November 11, 2026.
Online safety and social media laws for minors
No state online safety laws for minors are listed for New Mexico in the tracker we use. Federal laws, such as COPPA and the TAKE IT DOWN Act, still apply everywhere.
Source: Orrick Online Safety Law Tracker.
Legal citations, explained (22)
Each entry shows what the law or rule is about first, then its official name with abbreviations spelled out.
- Short title Law passed by the legislature New Mexico Education Code Section 22-35-1 Read the text of New Mexico Education Code Section 22-35-1
- Definitions Law passed by the legislature New Mexico Education Code Section 22-35-2 Read the text of New Mexico Education Code Section 22-35-2
- Bullying prevention policies; adoption and enforcement Law passed by the legislature New Mexico Education Code Section 22-35-3 Read the text of New Mexico Education Code Section 22-35-3
- Bullying prevention programs establishment Law passed by the legislature New Mexico Education Code Section 22-35-4 Read the text of New Mexico Education Code Section 22-35-4
- Department duties; school district and charter school report cards Law passed by the legislature New Mexico Education Code Section 22-35-5 Read the text of New Mexico Education Code Section 22-35-5
- Short title Law passed by the legislature New Mexico Education Code Section 32A-25-1 Read the text of New Mexico Education Code Section 32A-25-1
- Purposes Law passed by the legislature New Mexico Education Code Section 32A-25-2 Read the text of New Mexico Education Code Section 32A-25-2
- Carlos Vigil memorial board; created Law passed by the legislature New Mexico Education Code Section 32A-25-3 Read the text of New Mexico Education Code Section 32A-25-3
- Carlos Vigil memorial board; duties Law passed by the legislature New Mexico Education Code Section 32A-25-4 Read the text of New Mexico Education Code Section 32A-25-4
- Eradicate bullying fund created; grant application review Law passed by the legislature New Mexico Education Code Section 32A-25-5 Read the text of New Mexico Education Code Section 32A-25-5
- Issuing agency Rule from a state agency New Mexico Administrative Code Section 6.12.7.1 Read the text of New Mexico Administrative Code Section 6.12.7.1
- Scope Rule from a state agency New Mexico Administrative Code Section 6.12.7.2 Read the text of New Mexico Administrative Code Section 6.12.7.2
- Statutory authority Rule from a state agency New Mexico Administrative Code Section 6.12.7.3 Read the text of New Mexico Administrative Code Section 6.12.7.3
- Duration Rule from a state agency New Mexico Administrative Code Section 6.12.7.4 Read the text of New Mexico Administrative Code Section 6.12.7.4
- Effective date Rule from a state agency New Mexico Administrative Code Section 6.12.7.5 Read the text of New Mexico Administrative Code Section 6.12.7.5
- Objective Rule from a state agency New Mexico Administrative Code Section 6.12.7.6 Read the text of New Mexico Administrative Code Section 6.12.7.6
- Definitions Rule from a state agency New Mexico Administrative Code Section 6.12.7.7 Read the text of New Mexico Administrative Code Section 6.12.7.7
- Bullying Prevention Policies – Adoption and Enforcement Rule from a state agency New Mexico Administrative Code Section 6.12.7.8 Read the text of New Mexico Administrative Code Section 6.12.7.8
- Bullying Prevention Programs – Establishment Rule from a state agency New Mexico Administrative Code Section 6.12.7.9 Read the text of New Mexico Administrative Code Section 6.12.7.9
- Reporting Requirements Rule from a state agency New Mexico Administrative Code Section 6.12.7.10 Read the text of New Mexico Administrative Code Section 6.12.7.10
- Content standards with benchmarks and performance standards for health education, grades 9-12 Rule from a state agency New Mexico Administrative Code Section 6.29.6.10 Read the text of New Mexico Administrative Code Section 6.29.6.10
- Content standards with benchmarks and performance standards for physical education, grades 5-8 Rule from a state agency New Mexico Administrative Code Section 6.29.9.9 Read the text of New Mexico Administrative Code Section 6.29.9.9
Official New Mexico resources
Educational information, not legal advice. Laws change, so confirm with your district and state education department.
Find a school district in New Mexico
Search by ZIP code, select a district on the map, or look one up by name. Each district links to a search for its own bullying policy, since district rules can go further than state law.
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