Assembly Bill No. 459–Assemblymen Parks, Leslie, Williams, Bache, Anderson, Arberry, Buckley, Cegavske, Chowning, Claborn, de Braga, Dini, Freeman, Giunchigliani, Goldwater, Koivisto, Manendo, McClain, Mortenson, Neighbors, Ohrenschall, Parnell, Perkins, Price and Smith
Joint Sponsors: Senators Titus, Wiener, Rawson,
Care and Coffin
CHAPTER..........
AN ACT relating to education; prohibiting harassment and intimidation in public schools; requiring each school district to disseminate related information to pupils; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the
context otherwise requires, the words and terms defined in sections 3
and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. “Harassment” means a willful act or course of conduct that
is not otherwise authorized by law and is:
1. Highly offensive to a reasonable person; and
2. Intended to cause and actually causes another person to suffer
serious emotional distress.
Sec. 4. “Intimidation” means a willful act or course of conduct that
is not otherwise authorized by law and:
1. Is highly offensive to a reasonable person; and
2. Poses a threat of immediate harm or actually inflicts harm to
another person or to the property of another person.
Sec. 5. The legislature declares that:
1. A learning environment that is safe and respectful is essential for
the pupils enrolled in the public schools in this state to achieve academic
success and meet this state’s high academic standards;
2. Any form of harassment or intimidation in public schools
seriously interferes with the ability of teachers to teach in the classroom
and the ability of pupils to learn;
3. The intended goal of the legislature is to ensure that:
(a) The public schools in this state provide a safe and respectful
learning environment in which persons of differing beliefs,
characteristics and backgrounds can realize their full academic and
personal potential; and
(b) All administrators, principals, teachers and other personnel of the
school districts and public schools in this state demonstrate appropriate
behavior on the premises of any public school by treating other persons,
including, without limitation, pupils, with civility and respect and by
refusing to tolerate harassment or intimidation; and
4. By declaring its goal that the public schools in this state provide a
safe and respectful learning environment, the legislature is not
advocating or requiring the acceptance of differing beliefs in a manner
that would inhibit the freedom of expression, but is requiring that pupils
with differing beliefs be free from abuse and harassment.
Sec. 6. A member of the board of trustees of a school district, any
employee of the board of trustees, including, without limitation, an
administrator, principal, teacher or other staff member, or any pupil
shall not engage in harassment or intimidation on the premises of any
public school, at an activity sponsored by a public school or on any
school bus.
Sec. 7. Each school district shall include the text of the provisions of
sections 3 to 6, inclusive, of this act under the heading “Harassment and
Intimidation is Prohibited in Public Schools,” within each copy of the
rules of behavior for pupils that the school district provides to pupils
pursuant to NRS 392.463.
Sec. 8. The provisions of subsection 1 of NRS 354.599 do not apply
to any additional expenses of a local government that are related to the
provisions of this act.
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