exempt

                                                 (Reprinted with amendments adopted on April 17, 2003)

 

Assembly Bill No. 513–Committee on Education

 

(On Behalf of the Attorney General)

 

March 24, 2003

____________

 

Referred to Committee on Education

 

SUMMARY—Revises provisions governing provision of safe and respectful learning environment in public schools. (BDR 34‑443)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

CONTAINS UNFUNDED MANDATE (§ 3)

(Not Requested by Affected Local Government)

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to education; requiring the Department of Education to prescribe a policy for public schools to provide a safe and respectful learning environment; providing that the policy must include a model program of education for the training of school employees; requiring each school district to adopt the policy of the Department and to provide the training for employees; prohibiting a school official from interfering with or preventing the disclosure of information concerning harassment or intimidation in public schools; providing that certain causes of action may not be brought against a pupil or an employee or volunteer of a school who reports an incident of harassment or intimidation; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

2-1  Section 1. Chapter 388 of NRS is hereby amended by adding

2-2  thereto the provisions set forth as sections 2 to 6, inclusive, of this

2-3  act.

2-4  Sec. 2.  1.  The Department shall, in consultation with the

2-5  boards of trustees of school districts, educational personnel, local

2-6  associations and organizations of parents whose children are

2-7  enrolled in public schools throughout this state, and individual

2-8  parents and legal guardians whose children are enrolled in public

2-9  schools throughout this state, prescribe by regulation a policy for

2-10  all school districts and public schools to provide a safe and

2-11  respectful learning environment that is free of harassment and

2-12  intimidation.

2-13      2.  The policy must include, without limitation:

2-14      (a) Requirements and methods for reporting violations of NRS

2-15  388.135; and

2-16      (b) A model program of education for use by school districts to

2-17  train administrators, principals, teachers and all other personnel

2-18  employed by the board of trustees of a school district. The model

2-19  program of education must include, without limitation:

2-20          (1) Training in the appropriate methods to facilitate

2-21  positive human relations among pupils without the use of

2-22  harassment and intimidation so that pupils may realize their full

2-23  academic and personal potential;

2-24          (2) Methods to improve the school environment in a

2-25  manner that will facilitate positive human relations among pupils;

2-26  and

2-27          (3) Methods to teach skills to pupils so that the pupils are

2-28  able to replace inappropriate behavior with positive behavior.

2-29      3.  The Department shall, in consultation with the boards of

2-30  trustees of school districts, educational personnel, local

2-31  associations and organizations of parents whose children are

2-32  enrolled in public schools throughout this state, and individual

2-33  parents and legal guardians whose children are enrolled in public

2-34  schools throughout this state, review the policy and the model

2-35  program on an annual basis and make such revisions to the policy

2-36  and model program as it determines necessary.

2-37      Sec. 3.  The board of trustees of each school district shall:

2-38      1.  Adopt the policy prescribed by the Department pursuant to

2-39  section 2 of this act. The board of trustees may adopt an expanded

2-40  policy if the expanded policy complies with the policy prescribed

2-41  by the Department.

2-42      2.  Provide for the appropriate training of all administrators,

2-43  principals, teachers and all other personnel employed by the board

2-44  of trustees in accordance with the model program of education

2-45  prescribed by the Department pursuant to section 2 of this act.

3-1  3.  On or before July 1 of each year, submit a report to the

3-2  Superintendent of Public Instruction that includes a description

3-3  of:

3-4  (a) The progress of the schools within the school district in

3-5  providing a safe and respectful learning environment in

3-6  accordance with NRS 388.121 to 388.139, inclusive, and sections 2

3-7  to 6, inclusive, of this act; and

3-8  (b) Each violation of NRS 388.135, if any, occurring in the

3-9  immediately preceding school year.

3-10      Sec. 4.  The Superintendent of Public Instruction shall:

3-11      1.  Compile the reports submitted pursuant to section 3 of this

3-12  act and prepare a written report of the compilation.

3-13      2.  On or before September 1 of each year, submit the written

3-14  compilation to the Director of the Legislative Counsel Bureau for

3-15  transmission to:

3-16      (a) If the written compilation is submitted during an even-

3-17  numbered year, the next regular session of the Legislature.

3-18      (b) If the written compilation is submitted during an odd-

3-19  numbered year, the Legislative Committee on Education.

3-20      Sec. 5.  1.  A school official shall not directly or indirectly

3-21  use or attempt to use his official authority or influence to

3-22  intimidate, threaten, coerce, command, influence or attempt to

3-23  intimidate, threaten, coerce, command or influence another school

3-24  official in an effort to interfere with or prevent the disclosure of

3-25  information concerning a violation of NRS 388.135.

3-26      2.  A school official shall not directly or indirectly intimidate,

3-27  threaten, coerce, command, influence or attempt to intimidate,

3-28  threaten, coerce, command or influence a pupil who is a victim of

3-29  or a witness to a violation of NRS 388.135 in an effort to interfere

3-30  with or prevent the disclosure of information concerning the

3-31  violation.

3-32      3.  As used in this section:

3-33      (a) “Official authority or influence” includes taking, directing

3-34  others to take, recommending, processing or approving personnel

3-35  action such as an appointment, promotion, transfer, assignment,

3-36  reassignment, reinstatement, restoration, reemployment,

3-37  evaluation or other disciplinary action.

3-38      (b) “School official” means:

3-39          (1) A member of the board of trustees of a school district;

3-40  or

3-41          (2) A licensed or unlicensed employee of a school district.

3-42      Sec. 6.  No cause of action may be brought against a pupil or

3-43  an employee or volunteer of a school who reports a violation of

3-44  NRS 388.135 for any damages that result for failure to remedy the

3-45  violation unless the person who made the report acted with malice,

4-1  intentional misconduct, gross negligence, or intentional or

4-2  knowing violation of the law.

4-3  Sec. 7.  NRS 388.121 is hereby amended to read as follows:

4-4  388.121  As used in NRS 388.121 to 388.139, inclusive, and

4-5  sections 2 to 6, inclusive, of this act, unless the context otherwise

4-6  requires, the words and terms defined in NRS 388.125 and 388.129

4-7  have the meanings ascribed to them in those sections.

4-8  Sec. 8.  NRS 388.139 is hereby amended to read as follows:

4-9  388.139  Each school district shall include the text of the

4-10  provisions of NRS 388.125 to 388.135, inclusive, and the policy

4-11  adopted by the board of trustees of the school district pursuant to

4-12  section 3 of this act under the heading “Harassment and

4-13  Intimidation Is Prohibited in Public Schools,” within each copy of

4-14  the rules of behavior for pupils that the school district provides to

4-15  pupils pursuant to NRS 392.463.

4-16      Sec. 9.  NRS 392.463 is hereby amended to read as follows:

4-17      392.463  1.  Each school district shall prescribe written rules

4-18  of behavior required of and prohibited for pupils attending school

4-19  within their district and shall prescribe appropriate punishments for

4-20  violations of the rules. The written rules of behavior must be

4-21  consistent with the policy adopted by the Department pursuant to

4-22  section 2 of this act and the policy adopted by the board of trustees

4-23  of the school district pursuant to section 3 of this act. If suspension

4-24  or expulsion is used as a punishment for a violation of the rules, the

4-25  school district shall follow the procedures in NRS 392.467.

4-26      2.  A copy of the rules of behavior, prescribed punishments and

4-27  procedures to be followed in imposing punishments must be

4-28  distributed to each pupil at the beginning of the school year and to

4-29  each new pupil who enters school during the year. Copies must also

4-30  be made available for inspection at each school located in that

4-31  district in an area on the grounds of the school which is open to the

4-32  public.

4-33      Sec. 10.  1.  On or before January 1, 2004, the Department of

4-34  Education shall prescribe a policy for all school districts and public

4-35  schools to provide a safe and respectful learning environment

4-36  pursuant to section 2 of this act.

4-37      2.  On or before July 1, 2004, the board of trustees of each

4-38  school district shall adopt the policy prescribed by the Department

4-39  of Education, or an expanded policy, to provide a safe and respectful

4-40  learning environment pursuant to section 3 of this act. The board of

4-41  trustees of each school district shall ensure that the policy is

4-42  effective commencing with the 2004-2005 school year.

4-43      Sec. 11.  The provisions of NRS 354.599 do not apply to any

4-44  additional expenses of a local government that are related to the

4-45  provisions of this act.

5-1  Sec. 12.  1.  This section and sections 1, 2, 5, 6, 7, 10 and 11

5-2  of this act become effective on July 1, 2003.

5-3  2.  Section 3 of this act becomes effective on July 1, 2003, for

5-4  the purpose of adopting policies and on July 1, 2004, for all other

5-5  purposes.

5-6  3.  Sections 4, 8 and 9 of this act become effective on

5-7  July 1, 2004.

 

5-8  H