SB 239 — Revises provisions relating to bullying in schools. (BDR 34-641)

(ReprintedSenate withBill amendmentsNo. adopted on April 16, 2019) FIRST REPRINT S.B.

239239–Senator SENATESeevers BILLGansert NOCHAPTER.......... .

239–SENATOR SEEVERS GANSERT FEBRUARY 27, 2019 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to bullying in schools.

(BDR 34-641) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

authorizing the extension of the time required to conduct an investigation into reported cyber-bullyingcyber- bullying in certain circumstances;

LegUponLegislative receivingCounsel’s aDigest: report of bullying or cyber-bullying, existing law requires the administrator of a school or his or her designee to immediately:

Upon receiving a report of bullying or cyber-bullying, existing law requires the administrator of a school or his or her designee to immediately:

Existing law requires such an investigation to be completed not less than 2 school days after the receipt of the report in most circumstances.

If extenuating circumstances exist, 11he Existingadditional lawschool alsoday authorizesmay thebe administratorused or his or her designee to defercomplete such an investigation until after the completioninvestigation. of a criminal investigation of the reported bullying or cyber-bullying by a law enforcement agency.

If(NRS the388.1351) investigationExisting islaw deferred,also authorizes the administrator or designeehis isor requiredher designee to immediatelydefer developsuch aan planinvestigation tountil protectafter the safetycompletion of eacha pupilcriminal directlyinvestigation involvedof in the reported bullying or cyber-bullying.cyber-bullying by a law enforcement agency.

(NRSIf 388.13535)the investigation is deferred, the administrator or designee is required to immediately develop a plan to protect the safety of each pupil directly involved in the reported bullSection 1 of this bill authorizes an administrator or his or her designee, with the consent of each reported victim or perpetrator or their parents or guardians, asthas the applicable, to extend the 2 or 3 school day period for conducting an investigation into cyber-bullying.

(1) taking actions to stop -determination *SB239_R1*concerning –a 2plan –to bullyingprotect orthe cyber-bullyingsafety andof ensurea thepupil safetydirectly involved in an incident of thebullying victim;or cyber-bullying during a criminal investigation.

and (2) making any determination concerning a plan to protect the safety of a pupil directly involved in an incident of bullying or cyber-bullying during a criminal investigation.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Except as otherwise provided in NRS 388.13535, a teacher, administrator, coach or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall report the - 80th Session (2019) – 2 – violation to the administrator or his or her designee as soon as practicable, but not later than a time during the same day on which the teacher, administrator, coach or other staff member witnessed the violation or received information regarding the occurrence of a violation.

Except as otherwise provided in this subsection, upon receiving a report required by subsection 1, the administrator or designee shall immediately take any necessary action to stop the bullying or cyber-bullying and ensure the safety and well-being of the reported victim or victims of the bullying or cyber-bullying and shall begin an investigation into the report.

or (2) If the bullying or cyber-bullying was reported on a day that is not a school day, or after school hours on a school day, before -the *SB239_R1*day –on 3which – the school’sbullying administrativeor officecyber-bullying closesis onreported.following the(b) schoolInterviews daywith followingall thepupils daywhose onparents whichor theguardians bullyingmust orbe cyber-bullyingnotified ispursuant reported.to paragraph (a) and with all such parents and guardians.

(b) Interviews with all pupils whose parents or guardians must be notified pursuant to paragraph (a) and with all such parents and guardians.

If extenuating circumstances - 80th Session (2019) – 3 – prevent the administrator or designee from completing the investigation required by this section within 2 school days after making a good faith effort, 1 additional school day may be used to complete the investigation.

If a violation is found to (a)have Theoccurred report[, mustthe] include: recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the governing body.

(a) The report must include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the governing body.

When necessary, the administrator or his or her designee shall give priority to ensuring the safety and well-being of the victim or victims over any interest of the perpetrator or perpetratorsper7.traIf whena determiningviolation theis actionsfound not to take.have occurred, information concerning the incident must not be included in the record of the reported aggressor.

- *SB239_R1* – 4 – 7.

If a violation is found not to have occurred, information concerning the incident must not be included in the record of the reported aggressor.

To the extent that information is available, the administrator or his or her designee shall provide a list of any resources that may be available in the community to assist a pupil to each parent or guardian of a pupil to whom notice was provided pursuant to this - 80th Session (2019) – 4 – section as soon as practicable.

The parent or guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a disciplinary decision of the administratorresult orof histhe orviolation, herin designee,accordance madewith against the pupilpolicy asgoverninga a disciplinary action adopted by the governing body.

Not later than 30 days after receiving a response provided in accordance with such a policy, the parent or guardian may submit a complaint to the Department.

(b) Times in which a violation of NRS 388.135 is found to have occurred;occ(c) Times in which no violation of NRS 388.135 is found to have occurred.

and13. (c) Times in which no violation of NRS 388.135 is found to have occurred.

- *SB239_R1* – 5 – 13.

- 80th Session (2019) – 5 – 14.

If a law enforcement agency is investigating a potential crime involving an alleged violation of NRS 388.135, the administrator or his or her designee may, after providing the notification required by paragraph (a) of subsection 3 of NRS 388.1351, defer the investigation required by that section until the completion of the criminal investigation by the law enforcement agency.

If the administrator or his or her designee defers anannt investigation pursuant to this subsection, the administrator or designee shall: