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 accept differing

2-21  beliefs, characteristics and backgrounds so that school personnel

2-22  are able to serve as positive role models to pupils;

2-23          (2) Training in the appropriate methods to facilitate

2-24  positive human relations among pupils without the use of

2-25  harassment and intimidation so that pupils may realize their full

2-26  academic and personal potential;

2-27          (3) Positive methods to modify the school environment in a

2-28  manner that will facilitate positive human relations among pupils;

2-29  and

2-30          (4) Methods to teach skills to pupils so that the pupils are

2-31  able to replace inappropriate behavior with positive behavior.

2-32      3.  The Department shall, in consultation with the boards of

2-33  trustees of school districts, educational personnel, local

2-34  associations and organizations of parents whose children are

2-35  enrolled in public schools throughout this state, and individual

2-36  parents and legal guardians whose children are enrolled in public

2-37  schools throughout this state, review the policy and the model

2-38  program on an annual basis and make such revisions to the policy

2-39  and model program as it determines necessary.

2-40      Sec. 3.  The board of trustees of each school district shall:

2-41      1.  Adopt the policy prescribed by the Department pursuant to

2-42  section 2 of this act. The board of trustees may adopt an expanded

2-43  policy if the expanded policy complies with the policy prescribed

2-44  by the Department.

3-1  2.  Provide for the appropriate training of all administrators,

3-2  principals, teachers and all other personnel employed by the board

3-3  of trustees in accordance with the model program of education

3-4  prescribed by the Department pursuant to section 2 of this act.

3-5  3.  On or before July 1 of each year, submit a report to the

3-6  Superintendent of Public Instruction that includes a description

3-7  of:

3-8  (a) The progress of the schools within the school district in

3-9  providing a safe and respectful learning environment in

3-10  accordance with NRS 388.121 to 388.139, inclusive, and sections 2

3-11  to 6, inclusive, of this act; and

3-12      (b) Each violation of NRS 388.135, if any, occurring in the

3-13  immediately preceding school year.

3-14      Sec. 4.  The Superintendent of Public Instruction shall:

3-15      1.  Compile the reports submitted pursuant to section 3 of this

3-16  act and prepare a written report of the compilation.

3-17      2.  On or before September 1 of each year, submit the written

3-18  compilation to the Director of the Legislative Counsel Bureau for

3-19  transmission to:

3-20      (a) If the written compilation is submitted during an even-

3-21  numbered year, the next regular session of the Legislature.

3-22      (b) If the written compilation is submitted during an odd-

3-23  numbered year, the Legislative Committee on Education.

3-24      Sec. 5.  1.  A school official shall not directly or indirectly

3-25  use or attempt to use his official authority or influence to

3-26  intimidate, threaten, coerce, command, influence or attempt to

3-27  intimidate, threaten, coerce, command or influence another school

3-28  official in an effort to interfere with or prevent the disclosure of

3-29  information concerning a violation of NRS 388.135.

3-30      2.  A school official shall not directly or indirectly intimidate,

3-31  threaten, coerce, command, influence or attempt to intimidate,

3-32  threaten, coerce, command or influence a pupil who is a victim of

3-33  or a witness to a violation of NRS 388.135 in an effort to interfere

3-34  with or prevent the disclosure of information concerning the

3-35  violation.

3-36      3.  As used in this section:

3-37      (a) “Official authority or influence” includes taking, directing

3-38  others to take, recommending, processing or approving personnel

3-39  action such as an appointment, promotion, transfer, assignment,

3-40  reassignment, reinstatement, restoration, reemployment,

3-41  evaluation or other disciplinary action.

3-42      (b) “School official” means:

3-43          (1) A member of the board of trustees of a school district;

3-44  or

3-45          (2) A licensed or unlicensed employee of a school district.

4-1  Sec. 6.  No cause of action may be brought against a pupil or

4-2  an employee or volunteer of a school who reports a violation of

4-3  NRS 388.135 for any damages that result for failure to remedy the

4-4  violation unless the person who made the report acted with malice,

4-5  intentional misconduct, gross negligence, or intentional or

4-6  knowing violation of the law.

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

4-8  388.121  As used in NRS 388.121 to 388.139, inclusive, and

4-9  sections 2 to 6, inclusive, of this act, unless the context otherwise

4-10  requires, the words and terms defined in NRS 388.125 and 388.129

4-11  have the meanings ascribed to them in those sections.

4-12      Sec. 8.  NRS 388.139 is hereby amended to read as follows:

4-13      388.139  Each school district shall include the text of the

4-14  provisions of NRS 388.125 to 388.135, inclusive, and the policy

4-15  adopted by the board of trustees of the school district pursuant to

4-16  section 3 of this act under the heading “Harassment and

4-17  Intimidation Is Prohibited in Public Schools,” within each copy of

4-18  the rules of behavior for pupils that the school district provides to

4-19  pupils pursuant to NRS 392.463.

4-20      Sec. 9.  NRS 392.463 is hereby amended to read as follows:

4-21      392.463  1.  Each school district shall prescribe written rules

4-22  of behavior required of and prohibited for pupils attending school

4-23  within their district and shall prescribe appropriate punishments for

4-24  violations of the rules. The written rules of behavior must be

4-25  consistent with the policy adopted by the Department pursuant to

4-26  section 2 of this act and the policy adopted by the board of trustees

4-27  of the school district pursuant to section 3 of this act. If suspension

4-28  or expulsion is used as a punishment for a violation of the rules, the

4-29  school district shall follow the procedures in NRS 392.467.

4-30      2.  A copy of the rules of behavior, prescribed punishments and

4-31  procedures to be followed in imposing punishments must be

4-32  distributed to each pupil at the beginning of the school year and to

4-33  each new pupil who enters school during the year. Copies must also

4-34  be made available for inspection at each school located in that

4-35  district in an area on the grounds of the school which is open to the

4-36  public.

4-37      Sec. 10.  1.  On or before January 1, 2004, the Department of

4-38  Education shall prescribe a policy for all school districts and public

4-39  schools to provide a safe and respectful learning environment

4-40  pursuant to section 2 of this act.

4-41      2.  On or before July 1, 2004, the board of trustees of each

4-42  school district shall adopt the policy prescribed by the Department

4-43  of Education, or an expanded policy, to provide a safe and respectful

4-44  learning environment pursuant to section 3 of this act. The board of

5-1  trustees of each school district shall ensure that the policy is

5-2  effective commencing with the 2004-2005 school year.

5-3  Sec. 11.  The provisions of NRS 354.599 do not apply to any

5-4  additional expenses of a local government that are related to the

5-5  provisions of this act.

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

5-7  of this act become effective on July 1, 2003.

5-8  2.  Section 3 of this act becomes effective on July 1, 2003, for

5-9  the purpose of adopting policies and on July 1, 2004, for all other

5-10  purposes.

5-11      3.  Sections 4, 8 and 9 of this act become effective on July 1,

5-12  2004.

 

5-13  H