Nevada 2017 Regular Session Status: Enacted

AB 127 — Revises provisions relating to emergencies in schools. (BDR 34-196)

Last action — Approved by the Governor. Chapter 405.

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  1. ✓
    Introduced
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    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2017. Enacted.

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    1 primary, 0 co-sponsors signed on.

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Bill Text

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EXEMPT (Reprinted with amendments adopted on June 1, 2017) SECOND REPRINT A.B.
Assembly Bill No.
127 A SSEMBLY B ILLN O.
127–Assemblywoman Benitez-Thompson CHAPTER..........
127–A SSEMBLYWOMAN BENITEZ -THOMPSON PREFILED FEBRUARY 9, 2017 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to emergencies in schools.
(BDR 34-196) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§ 4) (OT REQUESTED BAFFECTELOCALG OVERNMEN) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law provides for crisis and emergency response in public schools.
Section 5 of this bill requires the board of trustees of each school district and the governing body of each charter school to consult - *AB127_R2* – 2 – with the emergency manager, the chief of school police or his or her designee, or the Division of Emergency Management of the Department of Public Safety, as applicable, before:
Section 5 of this bill requires the board of trustees of each school district and the governing body of each charter school to consult the Division of Emergency Management of the Department of Public Safety, asee, or applicable, before:
Section 6 of this bill requires the Department of Education to coordinate with the Division of Emergency Management, any emergency manager, any chief of conduct an annual conference regarding safety in public schools.
Section 6 of this bill requires the Department of Education to coordinate with police of a school district that has police officers and any school resource officer to conduct an annual conference regarding safety in public schools.
Section 6ce officer to additionally requires the board of trustees of each school district to designate certain persons to attend this conference and authorizes certain other persons to attend the conference.
Section 6 additionally requires the board of trustees of each school district to designate certain persons to attend this conference and authorizes certain other persons to attend the conference.
Section 6 also requires the State Public Charter School Authority to annually discuss safety in charter schools at a designated meeting of the Authority or at a workshop or conference coordinated by the Authority.
Section 6 also requires the State Public Charter School Authority to annually discuss safety in charter schools at a designated meeting of section 6 requires the governing body of each charter school to designate persons to attend such a meeting, workshop or conference.
Finally, section 6 requires the governing body of each charter school to designate persons to attSection 7 of this bill requires the Department of Education, to the extent that money is available for the purpose, to:
Section 7 of this bill requires the Department of Education, to the extent that money is available for the purpose, to:
Existing law requires the Department of Education to develop a model plan for the management of a crisis or emergency in a public school, including a charter include a procedure for carrying out a lockdown at a school.
- 79th Session (2017) – 2 – Existing law requires the Department of Education to develop a model plan for the management of a crisis or emergency in a public school, including a charter school, and a private school.
(NRS 388.253)t Section 2 of this bill defines “lockdown” for these purposes.
Among other requirements, the model plan must include a procedure for carrying out a lockdown at a school.
Existing law also requires the board of trustees of a school district and the governing body of a charter school to establish a development committee to develop a plan to be used by each public school of the school district or the charter school, as applicable, in responding to a crisis or an emergency and requires the development committee to consult with certain persons and entities when developing the plan.
(NRS 388.253) Section 2 of this bill defines “lockdown” for these purposes.
(NRS 388.241, developing the plan, to also consult with an emergency manager, a school resource officer or the chief of school police of the school district, if such a person exists in the school district.
Existing law also requires the board of trustees of a school district and the governing body of a charter school to establish a development committee to develop a plan to be used responding to a crisis or an emergency and requires the development committee toe, in consult with certain persons and entities when developing the plan.
Existing law requires each school district, each charter school and each private school to provide drills for pupils at least once each month during the school year to instruct those pupils in the procedures to be followed in the event of a fire or other emergency.
(NRS 388.241, 388.243) Section 9 of this bill requires each development committee, when developing the plan, to also consult with an emergency manager, a school resource officer or the chief of school police of the school district, if such a person exists in the school district.
(NRS 392.450, 394.170) Sections 13 and 14 of this bill require at least followed in the event of a lockdown, as defined in section 2 of this bill.
Existing law requires each school district, each charter school and each private school to provide drills for pupils at least once each month during the school year to emergency.
(NRS 392.450, 394.170) Sections 13 and 14 of this bill require at leastther one-half of these drills to include instruction in appropriate procedures to be followed in the event of a lockdown, as defined in section 2 of this bill.
(1) any public school located in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) to conduct the drills under the supervision of the person designated for that purpose by school, as applicable;
(1) any public school located in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) to the board of trustees of the school district or the governing body of the chartere by school, as applicable;
W HEREAS , The Legislature recognizes that it is of utmost importance that the public schools in this State are built and - *AB127_R2* – 3 – maintained in a manner which provides the greatest protection for pupils and staff against harm;
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
W HEREAS , The Legislature recognizes that it is of utmost importance that the public schools in this State are built and maintained in a manner which provides the greatest protection for pupils and staff against harm;
and W HEREAS , Social workers and other licensed mental health workers who are employed by schools help ensure the safety of pupils, prevent violent and other inappropriate actions by pupils and address the overall well-being of pupils by assessing the needs of pupils and providing pupils with necessary mental health services, counseling and other assistance;
and - 79th Session (2017) – 3 – W HEREAS , Social workers and other licensed mental health workers who are employed by schools help ensure the safety of pupils, prevent violent and other inappropriate actions by pupils and address the overall well-being of pupils by assessing the needs of pupils and providing pupils with necessary mental health services, counseling and other assistance;
and W HEREAS , Each school district must ensure that administrators, teachers and other staff are properly trained regarding the appropriate response to a crisis and crisis management, prevention of violence and emergency response planning so that all schools are prepared to respond appropriately to a crisis or emergency and to quickly mitigate any effects of such a crisis or emergency;
and W HEREAS , Each school district must ensure that administrators, appropriate response to a crisis and crisis management, prevention of violence and emergency response planning so that all schools are prepared to respond appropriately to a crisis or emergency and to quickly mitigate any effects of such a crisis or emergency;
If the school district does not have school police officers, the school resource officer or a person designated by him or her - *AB127_R2* – 4 – or, if the school district does not have school resource officers, a local law enforcement agency.
If the school district does not have school police officers, the school resource officer or a person designated by him or her or, if the school district does not have school resource officers, a local law enforcement agency.
“School resource officer” means a deputy sheriff or other peace officer employed by a local law enforcement agency who is assigned to duty at one or more schools, interacts directly with pupils and whose responsibilities include, without limitation, providing guidance and information to pupils, families and educational personnel concerning the avoidance and prevention of crime.
“School resource officer” means a deputy sheriff or other peace officer employed by a local law enforcement agency who is assigned to duty at one or more schools, interacts directly with pupils and whose responsibilities include, without limitation, providing guidance and information to pupils, families and educational personnel concerning the avoidance and prevention of Sec.
Sec.
Each school district in a county whose population is 100,000 or more shall designate a full-time employee to serve as an emergency manager whose job responsibilities are focused solely on the planning and coordination of available resources for the mitigation of, preparation and training for, response to and recovery from emergencies or crises.
Each school district in a county whose population is 100,000 or more shall designate a full-time employee to serve as an emergency manager whose job responsibilities are focused - 79th Session (2017) – 4 – solely on the planning and coordination of available resources for the mitigation of, preparation and training for, response to and recovery from emergencies or crises.
The board of trustees of each school district and the governing body of each charter school shall consult with the person described in subsection 2 or 3, as applicable, regarding safety in schools before:
The board of trustees of each school district and person described in subsection 2 or 3, as applicable, regardinge safety in schools before:
In a county whose population is 100,000 or more, the board of trustees of a school district or the governing body of a charter school that plans to take an action described in subsection 1 shall consult with the emergency manager designated pursuant to section 4 of this act or, if the school district has school police officers, the chief of school police of the school district or a person designated by him or her.
In a county whose population is 100,000 or more, the board of trustees of a school district or the governing body of a charter school that plans to take an action described in subsection shall consult with the emergency manager designated pursuant to section 4 of this act or, if the school district has school police officers, the chief of school police of the school district or a person designated by him or her.
In a county whose population is less than 100,000, the board of trustees of a school district or the governing body of a charter school that plans to take an action described in subsection 1 shall consult with:
In a county whose population is less than 100,000, the board of trustees of a school district or the governing body of a charter school that plans to take an action described in subsection shall consult with:
or (b) If the county has not designated a full-time employee to serve as an emergency manager and does not have school police officers, the Division of Emergency Management of the Department of Public Safety.
or (b) If the county has not designated a full-time employee to officers, the Division of Emergency Management of thel police Department of Public Safety.
The Department of Education shall, at least once each year, coordinate with the Division of Emergency - *AB127_R2* – 5 – Management of the Department of Public Safety, any emergency manager designated pursuant to section 4 of this act, any chief of police of a school district that has police officers and any school resource officer to conduct a conference regarding safety in public schools.
The Department of Education shall, at least once each year, coordinate with the Division of Emergency Management of the Department of Public Safety, any emergency manager designated pursuant to section 4 of this act, any chief of police of a school district that has police officers and any school resource officer to conduct a conference regarding safety in public schools.
(b) If the school district has school resource officers, a school resource officer or a person designated by him or her;
- 79th Session (2017) – 5 – (b) If the school district has school resource officers, a school resource officer or a person designated by him or her;
(c) If the school district has school police officers, the chief of school police of the school district or a person designated by him or her;
(c) If the school district has school police officers, the chief of school police of the school district or a person designated by him or (d) If the school district has an emergency manager designated pursuant to section 4 of this act, the emergency manager.
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and (d) If the school district has an emergency manager designated pursuant to section 4 of this act, the emergency manager.
Make and administer block grants to school districts and charter schools to employ or contract with social workers and other mental health workers in schools with identified needs.
Make and administer block grants to school districts and charter schools to employ or contract with social workers and othSec.
Sec.
8.al NRS 388.229 is hereby amended to read as follows:
8.
NRS 388.229 is hereby amended to read as follows:
- *AB127_R2* – 6 – Sec.
Sec.
Each development committee established by the governing body of a charter school shall develop a plan to be used by the charter school in responding to a crisis or an emergency.
Each development committee established by the governing body of a charter school shall develop a plan to be used by the charter school - 79th Session (2017) – 6 – in responding to a crisis or an emergency.
(a) The local social service agencies and local public safety agencies in the county in which its school district or charter school is located.
(a) The local social service agencies and local public safety agencies in the county in which its school district or charter school is (b) If the school district has an emergency manager designated pursuant to section 4 of this act, the emergency manager.
(b) If the school district has an emergency manager designated pursuant to section 4 of this act, the emergency manager.
and (c) A procedure for enforcing discipline within a school in the school district or the charter school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency.
and (c) A procedure for enforcing discipline within a school in the school district or the charter school and for obtaining and emergency.g a safe and orderly environment during a crisis or an 3.
3.
- *AB127_R2* – 7 – Sec.
Sec.
In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.
In reviewing and updating the plan, the development committee shall consult with the director of - 79th Session (2017) – 7 – the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.
2.
of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.
Each development committee shall provide an updated copy of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.
and (3) The local organization for emergency management, if any;
and (3) The local organization for emergency management, if any(f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;
(f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;
- *AB127_R2* – 8 – (4) The local organization for emergency management, if any;
(4) The local organization for emergency management, if any;
and (6) An employee of a school who is included in the plan;
and - 79th Session (2017) – 8 – (6) An employee of a school who is included in the plan;
and (h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.
and (h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without schools.on, training concerning drills for evacuating and securing 4.
4.
(d) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of such a school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;
(d) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons pupils and relatives of employees of such a school, the news mediaes of and persons from local, state or federal agencies that are responding to a crisis or an emergency;
[in which persons are not allowed to enter or exit the school;] - *AB127_R2* – 9 – (j) Providing shelter in specific areas of a school;
[in which persons are not allowed to enter or exit the school;] (j) Providing shelter in specific areas of a school;
and (k) Providing specific information relating to managing a crisis or an emergency that is a result of:
and - 79th Session (2017) – 9 – (k) Providing specific information relating to managing a crisis or an emergency that is a result of:
(3) An incident involving an active shooter;
(4) An outbreak of disease;n active shooter;
(4) An outbreak of disease;
388.259 A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245, a deviation and any information submitted to a development committee pursuant to NRS 388.249, a deviation approved pursuant to NRS 388.251 and the model plan developed pursuant to NRS 388.253 are confidential and, except as otherwise provided in NRS 239.0115 and NRS 388.229 to 388.261, inclusive, and sections 2 to 7, inclusive, of this act, must not be disclosed to any person or government, governmental agency or political subdivision of a government.
388.259 A plan developed pursuant to NRS 388.243 or submitted to a development committee pursuant to NRS 388.249, an deviation approved pursuant to NRS 388.251 and the model plan developed pursuant to NRS 388.253 are confidential and, except as otherwise provided in NRS 239.0115 and NRS 388.229 to 388.261, inclusive, and sections 2 to 7, inclusive, of this act, must not be disclosed to any person or government, governmental agency or political subdivision of a government.
[, except a crisis governed by NRS 388.229 to 388.261, inclusive.] Not more than three of [those] - *AB127_R2* – 10 – the drills provided pursuant to this subsection may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters.
[, except a crisis governed by - 79th Session (2017) – 10 – NRS 388.229 to 388.261, inclusive.] Not more than three of [those] the drills provided pursuant to this subsection may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural subsection must include instruction in appropriate procedures tothis be followed in the event of a lockdown.
At least one-half of the drills provided pursuant to this subsection must include instruction in appropriate procedures to be followed in the event of a lockdown.
The principal, teacher or other person in charge of each school building shall cause the provisions of this section to be enforced.
The principal, teacher or other person in charge of each school building shall cause the provisions of this section to be enf5.cedAny violation of the provisions of this section is a misdemeanor.
5.
Any violation of the provisions of this section is a misdemeanor.
[, except a crisis governed by NRS 394.168 to 394.1699, inclusive.] Not more than two of [those] the drills provided pursuant to this subsection may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters.
[, except a crisis governed by NRS 394.168 to 394.1699, inclusive.] Not more than two of [those] the drills provided pursuant to this subsection may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural - 79th Session (2017) – 11 – disasters.
- *AB127_R2* – 11 – 2.
2.
In all cities or towns , [which have regularly organized, paid fire departments or voluntary fire departments,] the drills required by subsection 1 must be [conducted under the supervision of] approved by the chief of the fire department of the city or town [.] , if the city or town has a regularly organized, paid fire department or voluntary fire department.
In all cities or towns , [which have regularly organized, paid by subsection 1 must be [conducted under the supervision of]required approved by the chief of the fire department of the city or town [.] , if the city or town has a regularly organized, paid fire department or voluntary fire department.
Beginning with the fiscal year that begins on July 1, 1999, the State Controller shall, at the end of each fiscal year, transfer the interest earned during the previous fiscal year on the money in the Disaster Relief Account created pursuant to NRS 353.2735 to the Emergency Assistance Account in an amount not to exceed $500,000.
Beginning with the fiscal year that begins on July 1, 1999, the State Controller shall, at the end of fiscal year on the money in the Disaster Relief Account createdous pursuant to NRS 353.2735 to the Emergency Assistance Account in an amount not to exceed $500,000.
(a) To provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely affected by a natural, technological or man-made emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy;
(a) To provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely - 79th Session (2017) – 12 – affected by a natural, technological or man-made emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy;
- *AB127_R2* – 12 – (b) To pay any actual expenses incurred by the Division for administration during a natural, technological or man-made emergency or disaster;
(b) To pay any actual expenses incurred by the Division for administration during a natural, technological or man-made emergency or disaster;
Beginning with the fiscal year that begins on July 1, 1999, if any balance remains in the Emergency Assistance Account at the end of a fiscal year and the balance has not otherwise been committed for expenditure, the Division may, with the approval of the Interim Finance Committee, allocate all or any portion of the remaining balance, not to exceed $250,000, to this state or to a local government to:
Beginning with the fiscal year that begins on July 1, 1999, if any balance remains in the Emergency Assistance Account at the end of a fiscal year and the balance has not otherwise been the Interim Finance Committee, allocate all or any portion of the remaining balance, not to exceed $250,000, to this state or to a local government to:
If the Division requires such reimbursement, the Attorney General shall take such action as is necessary to rate determined pursuant to NRS 17.130, computed from the date on which the money was removed from the Disaster Relief Account, upon request by the Division.
If the Division requires such reimbursement, the Attorney General shall take such action as is necessary to recover the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130, computed from the date on which the money was removed from the Disaster Relief Account, upon request by the Division.
H - *AB127_R2*
17 ~~~~~ - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 405.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 1063 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. Preamble adopted. (Yeas: 21, Nays: None.) To Assembly.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint .

  7. Read second time. Amended. (Amend. No. 1063.) To printer.

  8. Placed on Second Reading File.

  9. From committee: Amend, and do pass as amended.

  10. Read first time. Referred to Committee on Education. To committee.

  11. In Senate.

  12. Read third time. Passed, as amended. Title approved. Preamble adopted. (Yeas: 40, Nays: None, Excused: 2.) To Senate.

  13. Placed on General File.

  14. From committee: Do pass, as amended.

  15. From printer. To engrossment. Engrossed. First reprint . To committee.

  16. Read second time. Amended. (Amend. No. 151.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  17. From committee: Amend, and do pass as amended.

  18. Notice of eligibility for exemption.

  19. From printer. To committee.

  20. Read first time. Referred to Committee on Education. To printer.

  21. Prefiled pursuant to JSR 14.2.1(d).

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Co-sponsors (0)

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Not signed on (66)

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Frequently asked questions

Who sponsors AB 127?
AB 127 is sponsored by Teresa Benitez-Thompson.
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This bill has been enacted into law. Introduced February 09, 2017. Enacted.
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