2001 REGULAR SESSION (71st)                                                                            A AB459 619

Amendment No. 619

 

Assembly Amendment to Assembly Bill No. 459                                                              (BDR 34‑1286)

Proposed by: Committee on Education

Amendment Box: Replaces Amendment No. 526.

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will MAINTAIN an unfunded mandate not requested by the affected local government to AB459 (§ 4).

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, line 2, by deleting:

“2, 3 and 4” and inserting:

“1.2 to 4, inclusive,”.

     Amend the bill as a whole by adding new sections designated sections 1.2 through 1.8, following section 1, to read as follows:

     Sec. 1.2.  As used in sections 1.2 to 4, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1.4, 1.6 and 1.8 of this act have the meanings ascribed to them in those sections.

     Sec. 1.4.  “Discrimination” means a willful act or course of conduct that is not otherwise authorized by law and is:

     1.  Motivated by the race, color, religion, sex, sexual orientation, age, disability, socioeconomic status or national origin of the person against whom the act is directed;

     2.  Highly offensive to a reasonable person; and

     3.  In violation of:

     (a) Any applicable state law or regulation, including, without limitation, NRS 281.370, 613.310 to 613.435, inclusive, or 651.050 to 651.110, inclusive; or

     (b) Any applicable federal law or regulation, including, without limitation:

          (1) Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e et seq.;

          (2) The Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq.;

          (3) The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.; or

          (4) Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

     Sec. 1.6.  “Harassment” means a willful act or course of conduct that is not otherwise authorized by law and is:

     1.  Motivated by the race, color, religion, sex, sexual orientation, age, disability, socioeconomic status or national origin of the person against whom the act is directed;

     2.  Highly offensive to a reasonable person; and

     3.  Intended to cause and actually causes another person to suffer serious emotional distress.

     Sec. 1.8. “Intimidation” means a willful act or course of conduct that is not otherwise authorized by law and:

     1.  Is motivated by the race, color, religion, sex, sexual orientation, age, disability, socioeconomic status or national origin of the person against whom the act is directed;

     2.  Is highly offensive to a reasonable person; and

     3.  Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person.”.

     Amend sec. 4, page 2, by deleting line 26 and inserting:

     “Sec. 4.  1.  The department shall establish, by regulation, a model policy”.

     Amend sec. 4, page, 2, line 35, by deleting “accept” and inserting:

recognize and consider”.

     Amend sec. 4, page 2, line 42, by deleting “Positive methodsand inserting:

A written plan that sets forth positive methods and resources that school personnel may use”.

     Amend sec. 4, page 2, line 45, by deleting “Methods” and inserting:

Written lesson plans that set forth positive methods that school personnel may use”.

     Amend sec. 4, page 3, lines 1, 3 and 6, by deleting “prescribed” and inserting “established”.

     Amend sec. 4, page 3, by deleting lines 7 through 9 and inserting:

by the department.”.

     Amend sec. 6, page 3, line 20, by deleting “prescribed” and inserting “established”.

     Amend sec. 7, page 3, line 31, by deleting “prescribe” and inserting “establish”.

     Amend sec. 8, page 3, line 34, by deleting “prescribed” and inserting “established”.

     Amend sec. 10, page 3, line 42, by deleting:

“1, 2, 3,” and inserting:

“1 to 3, inclusive,”.

     Amend the title of the bill, second line, by deleting “prescribe a” and inserting:

“establish a model”.