AB 371 — Enacts provisions governing discrimination based on race. (BDR 34-697)

- *AB371_R1* – 6 – 2.

Sec.- 81st Session (2021) – 6 – 388.077 1.NRS 3Each pupil of a public school, including, without limitation, each pupil of a university school for profoundly gifted pupils, is entitled to express himself or herself in a manner consistent with the rights guaranteed by the First and Fourteenth Amendments to the United States Constitution.

7.

NRS 388.077 is hereby amended to read as follows:

388.077 1.

Each pupil of a public school, including, without limitation, each pupil of a university school for profoundly gifted pupils, is entitled to express himself or herself in a manner consistent with the rights guaranteed by the First and Fourteenth Amendments to the United States Constitution.

(a) Establishes reasonable provisions governing the time, place and manner for the distribution of pupil publications;

time, place (b) Protects the right of expression described in subsection 1 for pupils working on pupil publications as journalists in their determination of the news, opinions, feature content, advertising content and other content of the pupil publications;

(2) Dismissing, suspending, disciplining or retaliating against an employee or other person acting as an adviser for a pupil publication or as an adviser for pupils working as journalists on a pupil publication for acting within the scope of that position, including, without limitation, taking responsible and appropriate action to protect a pupil engaged in conduct protected pursuant to the written policy or refusing to perform an action which violates the written policy;

andandefusing to perform an action which violates (3) Expelling, suspending or otherwise disciplining a pupil for engaging in conduct in accordance with the policy, unless such conduct substantially disrupts the ability of the public school to - *AB371_R1* – 7 – perform its educational mission and the disruption was intentional;

- 81st Session (2021) – 7 – 4.

The board of trustees of each school district, the governing body of each charter school and the governing body of each university school for profoundly gifted pupils shall adopt a policy prescribing procedures for the resolution of a complaint by a pupil of the school district, charter school or university school for profoundly gifted pupils that the rights of the pupil described in subsection 1 or 3 have been violated.

A learning environment that is safe and respectful is essential for the pupils enrolled in the schools in this State and is necessary for those pupils to achieve academic success and meet this State’s high academic standards;

academic success and meet 3.

- *AB371_R1* – 8 – 6.

- 81st Session (2021) – 8 – (a) The schools in this State provide a safe and respectful learning environment in which persons of differing beliefs, races, colors, national origins, ancestries, religions, gender identities or expressions, sexual orientations, physical or mental disabilities, sexesrealize ortheir anyfull otheracademic distinguishingand characteristicspersonal orpotential;r backgrounds can realize(b) theirAll fulladministrators, academicteachers and personalother potential;personnel of the school districts and schools in this State demonstrate appropriate and professional behavior on the premises of any school by treating other persons, including, without limitation, pupils, with civility and respect, by refusing to tolerate discrimination based on race, bullying and cyber-bullying, and by taking immediate action to protect a victim or target of discrimination based on race, bullying or cyber-bullying when witnessing, overhearing or being notified that discrimination based on race, bullying or cyber-bullying is occurring or has occurred;

(b) All administrators, teachers and other personnel of the school districts and schools in this State demonstrate appropriate and professional behavior on the premises of any school by treating other persons, including, without limitation, pupils, with civility and respect, by refusing to tolerate discrimination based on race, bullying and cyber-bullying, and by taking immediate action to protect a victim or target of discrimination based on race, bullying or cyber-bullying when witnessing, overhearing or being notified that discrimination based on race, bullying or cyber-bullying is occurring or has occurred;

and (e) Any teacher, administrator, coach or other staff member or pupil who tolerates or engages in an act of discrimination based on race, bullying or cyber-bullying or violates a provision of NRS 388.121 to 388.1395, inclusive, and sections 4, 5 and 6 of this act regarding a response to discrimination based on race, bullying or cyber-bullying against a pupil will be held accountable;

andandng or 7.

2.- 81st Session (2021) – 9 – competent jurisdiction for a writ of mandamus to compel thet of performance of any duty imposed by the provisions of NRS 388.121 to 388.1395, inclusive [.] , and sections 4, 5 and 6 of this act.

A parent or guardian of a pupil may petition a court of competent jurisdiction for a writ of mandamus to compel the - *AB371_R1* – 9 – performance of any duty imposed by the provisions of NRS 388.121 to 388.1395, inclusive [.] , and sections 4, 5 and 6 of this act.

The Office for a Safe and Respectful Learning EnvironmentEnv2. is hereby created within the Department.

2.

(1) Training regarding methods, procedures and practice for recognizingbullying discriminationbehaviors;ination based on race, bullying and cyber- (2) Training regarding effective intervention and remediation strategies regarding discrimination based on race, bullying behaviors;and cyber-bullying;

(2) Training regarding effective intervention and remediation strategies regarding discrimination based on race, bullying and cyber-bullying;

and (4) Information on and referral to available resources regarding suicide prevention and the relationship between discrimination based on race, bullying or cyber-bullying and suicide,- including,81st withoutSession limitation,(2021) resources– for10 pupils– who are members of groups at a high risk of suicide.

Such groups include,include,are without limitation, the groups described in subsection 3 of NRS 388.256.

- *AB371_R1* – 10 – 4.

If a complaint alleges criminal conduct or an investigation leads the Director of the Office or his or her designee to suspect criminal conduct, the Director of the Office may request assistance from the Investigation Division of the Department of PublicPubSec. Safety.

Sec.

(a) The establishment of programs to create a school environment that is free from discrimination based on race, bullyingbul(b) The provision of training on the policies adopted by the school district pursuant to NRS 388.134 and cyber-bullying;the provisions of NRS 388.121 to 388.1395, inclusive [;] , and sections 4, 5 and 6 of this act;

(b) The provision of training on the policies adopted by the school district pursuant to NRS 388.134 and the provisions of NRS 388.121 to 388.1395, inclusive [;] , and sections 4, 5 and 6 of this act;

Sec.- 81st Session (2021) – 11 – 388.1327 The State Board shall adopt regulations:s follows:

14.

NRS 388.1327 is hereby amended to read as follows:

388.1327 The State Board shall adopt regulations:

- *AB371_R1* – 11 – 2.

(a) Requirements and methods for reporting violations of NRS 388.135, including, without limitation, violations among teachers and violations between teachers and administrators, coaches and other personnel of a school district or school;

(2) Training in methods to prevent, identify and report incidents of discrimination based on race, bullying andandreport cyber-bullying;

and (7)- Methods81st toSession teach(2021) skills– to12 pupils– so that the pupils are able to replace inappropriate behavior with positive behavior.

are Sec.

The Department, in consultation with persons who possess knowledge and expertise in discrimination based on race, bullying and cyber-bullying, shall, to the extent money is available, develop an informational pamphlet to assist pupils and the - *AB371_R1* – 12 – parents or legal guardians of pupils enrolled in schools in this State in resolving incidents of discrimination based on race, bullying or cyber-bullying.

(b) A description of practices which have proven effective in preventing and resolving violations of NRS 388.135 in schools, which must include, without limitation, methods to identify and assist pupils who are at risk for discrimination based on race, bullying and cyber-bullying;

andandr discrimination based on race, (c) An explanation that the parent or legal guardian of a pupil who is involved in a reported violation of NRS 388.135 may request an appeal of a disciplinary decision made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by a governing body.

To the extent the money is available, the Department shall develop a tutorial which must be made available on the Internet website maintained by the Department that includes, withoutwithoutrnet limitation, the information contained in the pamphlet developed pursuant to subsection 1, if such a pamphlet is developed by the Department.

(a)- On81st methodsSession to(2021) prevent,– identify13 and– report incidents of discrimination based on race, bullying and cyber-bullying forforf members of the State Board.

(c) For school district and school personnel to assist those persons with carrying out their powers and duties pursuant to - *AB371_R1* – 13 – NRS 388.121 to 388.1395, inclusive [.] , and sections 4, 5 and 6 of this act.

(1) Appropriate mental health services at the school and in the community in which the school is located and how and when to refer pupils and their families for such services;

andandnd when to (2) Other persons and organizations in the community in which the school is located, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the response to a suicide.

3.of a governing body shall, within 1 year after the member begins his or her service on the governing body, complete the program of training on discrimination based on race, bullying and cyber- bullying established pursuant to paragraph (b) of subsection 1 and undergo the training at least one additional time while the person is a member of the governing body.

Except as otherwise provided in NRS 388.134, each member of a governing body shall, within 1 year after the member begins his or her service on the governing body, complete the program of training on discrimination based on race, bullying and cyber- bullying established pursuant to paragraph (b) of subsection 1 and undergo the training at least one additional time while the person is a member of the governing body.

- 81st Session (2021) – 14 – (a) Within 90 days after becoming an administrator;

and (c) At least once during any school year within which the pro5.am Each program of training established pursuant to subsection must, to the extent money is revisedavailable, be made available on the Internet website maintained by the Department or updated.through another provider on the Internet.

5.6.

Each program of training established pursuant to subsection 1 must, to the extent money is available, be made available on the Internet website maintained by the Department or through another provider on the Internet.

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388.1344NRS 1.388.1343 must consist of the administrator of the school or his or her designee and the following persons appointed by the administrator:

Each school safety team established pursuant to NRS 388.1343 must consist of the administrator of the school or his or her designee and the following persons appointed by the administrator:

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(c) Review and strengthen school policies to prevent and address discrimination based on race, bullying or cyber-bullying;

and - *AB371_R1* – 15 – (f) To the extent money is available, participate in any training conducted by the school district or school regarding bullying and cyber-bullying.

388.1351388.13535, 1.a teacher, administrator, coach or other staff memberRS who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall report the 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 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 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.

If the administrator or designee- does81st notSession have(2021) access– to16 the– reported victim of the alleged violation of NRS 388.135, the administrator or designee may waitwaitged until the next school day when he or she has such access to take the action required by this subsection.

- *AB371_R1* – 16 – (1) If the discrimination based on race, bullying or cyber- bullying is reported before the end of school hours on a school day, before the school’s administrative office closes on the day on which the discrimination based on race, bullying or cyber-bullying is reported;reporte(2) If the discrimination based on race, 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 school’s administrative office closes on the school day following the day on which the discrimination based on race, bullying or cyber-bullying is reported.

or (2) If the discrimination based on race, 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 school’s administrative office closes on the school day following the day on which the discrimination based on race, bullying or cyber-bullying is reported.

Except as otherwise provided in this subsection, an investigation required by this section must be completed not later than 2 school days after the administrator or designee receives aar report required by subsection 1.

The time for completing an investigation into a report of cyber-bullying may also be extended to not more than 5 school days after the report is received with the consent of each reported victim of the cyber-bullying or, if a reported victim is under- 1881st yearsSession (2021) – 17 – of agethe andreported victim.nd is not emancipated, the parent or guardian of6. the reported victim.

6.

§ 1232g, and any regulations adopted pursuant thereto, the report must be made available, not later than 24 hours after the completion of the written report, to all parents or guardians - *AB371_R1* – 17 – who must be notified pursuant to paragraph (a) of subsection 3 as part of the investigation;

and (b) Any action taken after the completion of the investigation to address the discrimination based on race, bullying or cyber- bullying must be based on restorative disciplinary practices and carried out in a manner that causes the least possible disruption for the victim or victims.

9.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 section as soon as practicable.

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 section as soon as practicable.

If such a list is provided, the administrator, his or her designee, or any employee of the school or the school district is not responsible for providing- 81st Session (2021) – 18 – such resourcesresources.resources to the pupil or ensuring the pupil receives such10. resources.

10.

Upon - *AB371_R1* – 18 – receiving such a request, the board of trustees shall, in consultation with the parent or guardian of the pupil, assign the pupil to aaltation different school.

A direct supervisor who receives a monthly report pursuant to subsection 12 shall, each calendar quarter, submit a report to the Office for a Safe and Respectful Learning Environment that includes, for the schools for which the direct supervisor has received a monthly report in the calendar quarter [,] and categorized by types of incidents and the demographics identified in subsection 1 of section 4 of this act, the:

(c)- Number81st ofSession times(2021) in– which19 a– violation of NRS 388.135 is found to have occurred;

andandhich a violation of NRS 388.135 is [(c)] (d) Number of times in which no violation of NRS 388.135 is found to have occurred.

The provisions of this section must not be construed to place any limit on the time within which an investigation concerning any alleged act that constitutes sexual assault must be completed.

-any *AB371_R1*alleged –act 19that –constitutes sexual assault must be Sec.

and (b) To the extent that the law enforcement agency has provided the administrator or designee with information about the projected date for completion of its investigation, provide the parents or guardians of each pupil directly involved in the alleged violation of NRS 388.135 with that information.

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When necessary, the administrator or his or her designee shall give priority to protecting the reported victim or victims over any interest of the reported perpetrator or perpetrators when determining how to carry out the plan.

- *AB371_R1* – 20 – (c) An adult who is not a pupil or employee of a school or school district against another such adult.

388.139 Each school district shall include the text of the provisions of NRS 388.121 to 388.1395, inclusive, and sections 4, 5 and 6 of this act and the policies adopted by the board of trustees of the school district pursuant to NRS 388.134 under the headingheadingustees of [“Bullying] “Discrimination Based on Race, Bullying and Cyber- Bullying 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.

and - 81st Session (2021) – 21 – 3.

391.465recommendations 1.of the Teachers and Leaders Council of Nevadan the submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance.

The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance.

- *AB371_R1* – 21 – (1) The ability of the employee to carry out his or her professional responsibilities;

(c) Except as otherwise provided in subsections 2 and 3 of NRS 391.695 and subsections 2 and 3 of NRS 391.715, require that pupil growth, as determined pursuant to NRS 391.480, account for 15 percent of the evaluation of a teacher or administrator who provides direct instructional services to pupils at a school in a school district.

- 81st Session (2021) – 22 – (e) Include a process for peer observations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching.

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62C.400that 1.a child who is currently enrolled in school unlawfully engaged in discrimination based on race, bullying or cyber-bullying, the department shall provide the information specified in subsection 2 to the juvenile court in the judicial district in which the child resides and to the school district in which the child is currently enrolled.

If a department of juvenile services determines that a child who is currently enrolled in school unlawfully engaged in discrimination based on race, bullying or cyber-bullying, the department shall provide the information specified in subsection 2 to the juvenile court in the judicial district in which the child resides and to the school district in which the child is currently enrolled.

(b)- “Cyber-bullying”81st Session (2021) – 23 – NRS 388.123.r-bullying” has the meaning ascribed to it in NRS(c) 388.123.“Discrimination based on race” has the meaning ascribed to it in section 4 of this act.

(c) “Discrimination based on race” has the meaning ascribed to it in section 4 of this act.

and (d) A description of any threats made by the child against the other person before, during or after the incident in which the child injuredinj3.ed If a court determines that a child who is currently enrolled in school unlawfully engaged in discrimination based on race, bullying or attemptedcyber-bullying, the court shall provide the information specified in subsection 4 to injurethe school district in which the person.child is currently enrolled.

3.

If a court determines that a child who is currently enrolled in school unlawfully engaged in discrimination based on race, bullying or cyber-bullying, the court shall provide the information specified in subsection 4 to the school district in which the child is currently enrolled.

and - *AB371_R1* – 23 – (c) A description of any discrimination based on race, bullying or cyber-bullying committed by the child against the other person.

(b) “Cyber-bullying” has the meaning ascribed to it in NRSNRS(c) 388.123.“Discrimination based on race” has the meaning ascribed to it in section 4 of this act.

(c) “Discrimination based on race” has the meaning ascribed to it in section 4 of this act.

(a) News media, educators and appropriate government offices to bring to the attention of the residents of Nevada factual - 81st Session (2021) – 24 – information regarding discrimination based on race, bullying and cyber-bullying, including, without limitation:

(1) Statistical information regarding the number of pupils who experience discrimination based on race or are bullied or cyber-bulliedcyber-b(2) eachThe year;methods to identify and assist pupils who are at risk of discrimination based on race, bullying or cyber-bullying;

(2) The methods to identify and assist pupils who are at risk of discrimination based on race, bullying or cyber-bullying;

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