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.

As used in the Safe Schools for All Students Act [22-35-1 NMSA 1978]:

• 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 identity, spousal affiliation, physical or cognitive disability or any other distinguishing characteristic; or on 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 or attendance; or

• (d) substantially interfere with a student’s ability to participate in or benefit from the services, activities or privileges provided by an agency, educational institution or grantee;

• B. “cyberbullying” means any bullying that takes place through electronic communication;