Nevada Anti-Bullying Laws & Policies

Components of State Anti-Bullying Laws and Regulations

Which Nevada state laws cover bullying?

• Nevada Revised Statutes Annotated § 62C.400. Department of juvenile services to provide certain information to juvenile court and school district concerning child who engaged in bullying or cyber-bullying
• Nevada Revised Statutes Annotated § 62E.030. Court to provide certain information to school district concerning certain offenses
• Nevada Revised Statutes Annotated § 236.073. Week of Respect
• Nevada Revised Statutes Annotated § 385A.250. Discipline of pupils
• Nevada Revised Statutes Annotated § 385A.460. Discipline of pupils
• Nevada Revised Statutes Annotated § 388.077. Rights of pupils to constitutional expression; limitations; adoption of policy for pupil publication; resolution of complaint by pupil of violation of right
• Nevada Revised Statutes Annotated § 388.121. Definitions
• Nevada Revised Statutes Annotated § 388.122. “Bullying” defined
• Nevada Revised Statutes Annotated § 388.123. “Cyber-bullying” defined
• Nevada Revised Statutes Annotated § 388.1235. “Discrimination based on race” defined
• Nevada Revised Statutes Annotated § 388.124. “Electronic communication” defined
• Nevada Revised Statutes Annotated § 388.132. Legislative declaration concerning safe and respectful learning environment
• Nevada Revised Statutes Annotated § 388.1321. Legislative declaration concerning duty of governing body, administrators and teachers to create and provide safe and respectful learning environment; authority of parent or guardian of pupil to petition court to compel performance of duty; remedy not exclusive
• Nevada Revised Statutes Annotated § 388.1323. Office for a Safe and Respectful Learning Environment: Creation; appointment and duties of Director
• Nevada Revised Statutes Annotated § 388.1324. Committee on statewide school safety; membership; duties
• Nevada Revised Statutes Annotated § 388.1325. Bullying Prevention Account: Creation; acceptance of gifts and grants; credit of interest and income; authorized uses by school district that receives grant
• Nevada Revised Statutes Annotated § 388.1327. Regulations
• Nevada Revised Statutes Annotated § 388.133. Policy by Department concerning safe and respectful learning environment
• Nevada Revised Statutes Annotated § 388.1337. Development of restorative practices for victims and perpetrators of discrimination based on race
• Nevada Revised Statutes Annotated § 388.134. Policy by governing bodies for provision of safe and respectful learning environment and policy for ethical, safe and secure use of computers; provision of training to governing bodies and school personnel; posting of policies on Internet website; annual review and update of policies
• Nevada Revised Statute Annotated § 388.1341. Development of informational pamphlet by Department; annual review and update; posting on Internet website; development of tutorial
• Nevada Revised Statutes Annotated § 388.1342. Establishment of programs of training by Department; completion of program by members of State Board of Education and governing bodies; completion of certain programs by school district and school personnel; annual review and update of programs of training
• Nevada Revised Statutes Annotated § 388.1343. Establishment by administrator of each school; duties of administrator
• Nevada Revised Statutes Annotated § 388.1344. Membership; chair; duties
• Nevada Revised Statutes Annotated § 388.135. Bullying and cyber-bullying prohibited
• Nevada Revised Statutes Annotated § 388.13505. Reporting and categorization of incident of discrimination based on race
• Nevada Revised Statutes Annotated § 388.1351. Staff member required to report violation to administrator; required actions and investigation; notification to parent or guardian; written report of findings and conclusions of investigation; follow-up with victim; list of resources to be provided to parent or guardian; appeal of disciplinary action; reassignment of pupil who is victim of bullying or cyber-bullying; reports
• Nevada Revised Statutes Annotated § 388.1352. Establishment of policy by governing body for employees to report violations to law enforcement
• Nevada Revised Statutes Annotated § 388.13535. Deferral of required investigation of bullying or cyber-bullying; actions by administrator or designee if investigation is deferred; exemption from certain requirements if violation committed by certain pupils
• Nevada Revised Statutes Annotated § 388.1354. Disciplinary action against administrator or designee who fails to comply with certain provisions 
• Nevada Revised Statutes Annotated § 388.136. School officials prohibited from interfering with disclosure of violations
• Nevada Revised Statutes Annotated § 388.137. Immunity for reporting of violations; exceptions; recommendation for disciplinary action if person who made report acted with malice, intentional misconduct, gross negligence or violation of law
• Nevada Revised Statutes Annotated § 388.139. Text of certain provisions required to be included in rules of behavior
• Nevada Revised Statutes Annotated § 388.1395. Requirements for delivery of information during annual “Week of Respect”
• Nevada Revised Statutes Annotated § 389.520. Establishment of standards; periodic review of standards; adoption of standards by State Board; establishment of policy for ethical, safe and secure use of computers.
• Nevada Revised Statutes Annotated § 392.915. Threatening to cause bodily harm or death to pupil or school employee by means of oral, written or electronic communication; penalties
• Nevada Administrative Code § 388.890. Reporting of information regarding bullying or cyber-bullying by pupils; actions of principal or designee when ensuring safety and well-being of reported victim
• Nevada Administrative Code § 388.895. Notification to parent or guardian of pupils; maintenance of record regarding notification
• Nevada Administrative Code § 388.900. Requirements of investigation of report; documentation of interviews conducted as part of investigation
• Nevada Administrative Code § 388.905. Requirements of written report if violation found to have occurred; principal or designee to develop and carry out plan to support well-being of victim and aggressor; follow-up with victim and aggressor
• Nevada Administrative Code § 388.910. Requires actions by principal upon completion of written report of investigation; adoption of policy by school district that prescribes procedures to appeal outcomes of investigation
• Nevada Administrative Code § 388.915. Complaint concerning outcome of appeal or violation of provisions of law; preliminary report concerning whether to conduct further investigation; final report when further investigation is conducted; Department authorized to request school district to prepare plan of corrective actions; employee subject to disciplinary action prohibited from administrative appeal of such action
• Nevada Administrative Code § 388.920. Annual report of accountability to exclude personally identifiable information of pupil involved in reported violation; certain persons not to interfere with reporting of statistics concerning violations
• Nevada Administrative Code § 389.2948. Fifth grade: Technology and computers

How are bullying and cyberbullying defined in Nevada anti-bullying laws and regulations?

Nevada anti-bullying laws and regulations include the following definitions of bullying and cyberbullying:

“Bullying” means written, verbal or electronic expressions or physical acts or gestures, or any combination thereof, that are directed at a person or group of persons, or a single severe and willful act or expression that is directed at a person or group of persons, and:

      (a)  Have the effect of:

            (1)   Physically harming a person or damaging the property of a person; or

            (2)   Placing a person in reasonable fear of physical harm to the person or damage to the property of the person;

      (b)  Interfere with the rights of a person by:

            (1)  Creating an intimidating or hostile educational environment for the person; or

            (2)  Substantially interfering with the academic performance of a pupil or the ability of the person to participate in or benefit from services, activities or privileges provided by a school; or

      (c)  Are acts or conduct described in paragraph (a) or (b) and are based upon the:

            (1)  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

             (2)  Association of a person with another person having one or more of those actual or perceived characteristics.

The term includes, without limitation:

      (a)  Repeated or pervasive taunting, name-calling, belittling, mocking or use of put-downs or demeaning humor regarding the 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;

      (b)  Behavior that is intended to harm another person by damaging or manipulating his or her relationships with others by conduct that includes, without limitation, spreading false rumors;

      (c)  Repeated or pervasive nonverbal threats or intimidation such as the use of aggressive, menacing or disrespectful gestures;

      (d)  Threats of harm to a person, to his or her possessions or to other persons, whether such threats are transmitted verbally, electronically or in writing;

      (e)  Blackmail, extortion or demands for protection money or involuntary loans or donations;

      (f)  Blocking access to any property or facility of a school;

      (g)  Stalking; and

      (h)  Physically harmful contact with or injury to another person or his or her property.

Nev. Rev. Stat. Ann. § 388.122 (2015)

“Cyber-bullying” means bullying through the use of electronic communication. The term includes the use of electronic communication to transmit or distribute a sexual image of a minor.

Nev. Rev. Stat. Ann. § 388.123 (2011)

Do Nevada anti-bullying laws and regulations cover cyberbullying that occurs off-campus?

No. Nevada anti-bullying laws do not cover off-campus conduct.

What are the policy requirements for schools to prevent and respond to bullying behavior?

Nevada anti-bullying laws direct the Department of Education to prescribe a policy for all school districts and schools to provide for a safe and respectful learning environment that is free from bullying and cyberbullying. School district policies must contain key policy and procedural elements, including, but not limited to:

• Procedures for reporting and investigations;
• Requirements for parent notification of pupils directly involved in report incidents;
• Requirements to follow-up with a reported victim of bullying to inquire about the well-being of the victim and to ensure that the bullying is not continuing;
• Requirements to provide parents or guardians of students involved in bullying incidents with lists of resources that may be available in the community to assist the pupil;
• Processes for appealing disciplinary decisions;
• Statements informing students of the right to request reassignment to a different school in the district;
• Methods for addressing rights and needs of persons with diverse gender identities or expressions; and
• Provisions to train members of the governing body and all administrators, teachers and all personnel.

Nevada anti-bullying laws encourage districts to review policies on an annual basis, to update policies if necessary, and to submit a copy of the updated policies to the Department.

Nevada anti-bullying laws also establish an Office for a Safe and Respectful Learning Environment and create the 24-hour, toll-free statewide Safe-to-Tell hotline and internet website for anonymous reports.

Do Nevada anti-bullying laws and regulations include protections for specific groups?

Yes. Nevada anti-bullying laws prohibit bullying acts, discrimination, or conduct that is based on 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 association of a person with another person having one or more of those actual or perceived characteristics. Nevada district policies must also include requirements and methods for addressing rights and needs of persons with diverse gender identities or expression.

Nevada schools that receive federal funding are required by federal law to address discrimination based on certain characteristics. Find out when bullying may be a civil rights violation.

Do Nevada anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?

Yes. Nevada anti-bullying laws establish a state bullying prevention fund to provide grants to school districts to establish prevention and training programs and to develop and implement procedures to address bullying. Nevada school districts are also encouraged to establish programs to create a school environment that is free from bullying and cyberbullying and schools are encouraged to establish school safety teams to develop, foster, and maintain a school environment which is free from bullying and cyberbullying.

Nevada anti-bullying laws also establish the first week in October as the “Week of Respect” for governing bodies to provide instruction to students on ways to prevent bullying and cyberbullying.

Do Nevada anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to respond to bullying incidents?

Yes. Nevada anti-bullying laws direct the Department of Education to prescribe a policy for school districts and schools to train members of the governing body and all administrators, teachers, and all other personnel employed by the governing body on methods to prevent, identify, and report incidents of bullying and cyberbullying. Staff training programs must also address the needs of persons with diverse gender identities or expressions and the needs of pupils with disabilities and autism spectrum disorder.

Do Nevada anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?

Yes. Nevada anti-bullying laws require districts to take necessary action to stop bullying or cyberbullying and ensure the safety and wellbeing of the reported victim or victims. School district policies must include a list of any resources available at no charge or at a reduced cost in the community to assist a student to each parent or guardian of a student. If such list is provided, the principal, his or her designee, or any employee of the school or the school district is not responsible for providing such resources to the student or ensuring the student receives such resources.

Do Nevada anti-bullying laws and regulations involve parents in efforts to address bullying behavior?

Yes. Nevada school districts are encouraged to establish a school safety team that consists of at least one parent or legal guardian of a student enrolled in the school. The role of the school safety team is to identify and address patterns of bullying or cyberbullying; review and strengthen school policies to prevent and address bullying or cyberbullying; provide information to school personnel, pupils, and parents on methods to address behavior; and participate in training conducted by the school district regarding bullying and cyberbullying. Nevada anti-bullying laws also require districts to notify parents or guardians of students involved with bullying as a component of an investigation.

For More Information

Visit the Nevada Department of Education’s “School Safety webpage on bullying and harassment.

The key component framework used in the analysis of state laws is based on the review of legislation presented in the “Analysis of State Bullying Laws and Policies – December 2011” (U.S. Department of Education).