Text of NV AB 261 (2021)

A.B. 261 - *AB261* ASSEMBLY BILL NO. 261–ASSEMBLYWOMEN ANDERSON, BRITTNEY MILLER AND CONSIDINE MARCH 15, 2021 ____________ Referred to Committee on Education SUMMARY—Revises provisions governing education to provide diversity and inclusivity in the academic standards and curriculum. (BDR 34-672) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§ 1) (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 board of trustees of a school district or the governing body of a charter school to ensure that instruction is provided to certain pupils on the history and contributions of certain groups of persons; revising provisions relating to the selection of instructional materials by the State Board of Education; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Council to Establish Academic Standards for Public 1 Schools to establish standards of content and performance for certain courses of 2 study. (NRS 389.520) Section 1 of this bill requires the board of trustees of a 3 school district or the governing body of a charter school to ensure that instruction is 4 provided to pupils enrolled in kindergarten through grade 12 on the history and 5 contributions to science, the arts and humanities of certain groups of persons. 6 Section 1 requires such instruction to be: (1) included in the standards of content 7 and performance established by the Council; (2) age-appropriate; and (3) included 8 in one or more courses of study for which the Council has established relevant 9 standards of content and performance. 10 Under existing law, the State Board of Education is required to make the final 11 decision on the use of all textbooks in the public schools in this State. (NRS 12 389.850) Section 2 of this bill prohibits the State Board from selecting instructional 13 materials, including, without limitation, a textbook, for use in the public 14 schools unless the instructional materials accurately portray the history and 15 – 2 – - *AB261* contributions to science, the arts and humanities of the groups of persons described 16 in section 1. 17 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 389 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. The board of trustees of each school district and the 3 governing body of each charter school shall ensure that 4 instruction is provided to pupils enrolled in kindergarten through 5 grade 12 in each public school within the school district or in the 6 charter school, as applicable, on the history and contributions to 7 science, the arts and humanities of: 8 (a) Native Americans and Native American tribes; 9 (b) Persons of marginalized sexual orientation or gender 10 identity; 11 (c) Persons with disabilities; 12 (d) Persons from various racial and ethnic backgrounds, 13 including, without limitation, persons who are African-American, 14 Basque, Hispanic or Asian or Pacific Islander; 15 (e) Persons from various socioeconomic statuses; 16 (f) Immigrants or refugees; 17 (g) Persons from various religious backgrounds; and 18 (h) Any other group of persons the board of trustees of a 19 school district or the governing body of a charter school deems 20 appropriate. 21 2. The standards of content and performance for the 22 instruction required by subsection 1 must be included in the 23 standards of content and performance established by the Council 24 to Establish Academic Standards for Public Schools pursuant to 25 NRS 389.520. The instruction required by subsection 1 must be: 26 (a) Age-appropriate; and 27 (b) Included within one or more courses of study for which the 28 Council has established the relevant standards of content and 29 performance. 30 Sec. 2. NRS 389.850 is hereby amended to read as follows: 31 389.850 1. The State Board shall make the final selection of 32 all textbooks to be used in the public schools in this State, except for 33 charter schools. If a textbook proposed for selection is in a subject 34 area for which standards of content have been established by the 35 Council to Establish Academic Standards for Public Schools 36 pursuant to NRS 389.520, the State Board shall not select the 37 – 3 – - *AB261* textbook unless the State Board determines that the textbook 1 adequately supports the standards for that subject area. 2 2. A textbook must not be selected by the State Board pursuant 3 to subsection 1 for use in the public schools in classes in literature, 4 history or social sciences unless it accurately portrays the cultural 5 and racial diversity of our society, including lessons on the 6 contributions made to our society by men and women from various 7 racial and ethnic backgrounds. 8 3. Instructional materials, including, without limitation, a 9 textbook, must not be selected by the State Board pursuant to 10 subsection 1 for use in the public schools unless the State Board 11 determines that the instructional materials accurately portray the 12 history and contributions to science, the arts and humanities of 13 the groups of persons described in section 1 of this act. 14 Sec. 3. The provisions of NRS 354.599 do not apply to any 15 additional expenses of a local government that are related to the 16 provisions of this act. 17 Sec. 4. 1. This section becomes effective upon passage and 18 approval. 19 2. Sections 1, 2 and 3 of this act become effective: 20 (a) Upon passage and approval for the purpose of performing 21 any preparatory administrative tasks that are necessary to carry out 22 the provisions of this act; and 23 (b) On July 1, 2022, for all other purposes. 24 H

- 81st Session (2021) Assembly Bill No. 261–Assemblywomen Anderson, Brittney Miller and Considine Joint Sponsor: Senator D. Harris CHAPTER.......... AN ACT relating to education; requiring the board of trustees of a school district or the governing body of a charter school to ensure that instruction is provided to certain pupils on the history and contributions of certain groups of persons; revising provisions relating to the selection of instructional materials by the State Board of Education; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Council to Establish Academic Standards for Public 1 Schools to establish standards of content and performance for certain courses of 2 study. (NRS 389.520) Section 1 of this bill requires the board of trustees of a 3 school district or the governing body of a charter school to ensure that instruction is 4 provided to pupils enrolled in kindergarten through grade 12 on the history and 5 contributions to science, the arts and humanities of certain groups of persons. 6 Section 1 requires such instruction to be: (1) included in the standards of content 7 and performance established by the Council; (2) age-appropriate; and (3) included 8 in one or more courses of study for which the Council has established relevant 9 standards of content and performance. 10 Under existing law, the State Board of Education is required to make the final 11 decision on the use of all textbooks in the public schools in this State. 12 (NRS 389.850) Section 2 of this bill prohibits the State Board from selecting 13 instructional materials, including, without limitation, a textbook, for use in the 14 public schools unless the instructional materials accurately portray the history and 15 contributions to science, the arts and humanities of the groups of persons described 16 in section 1. 17 EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows: 1. The board of trustees of each school district and the governing body of each charter school shall ensure that instruction is provided to pupils enrolled in kindergarten through grade 12 in each public school within the school district or in the charter school, as applicable, on the history and contributions to science, the arts and humanities of: (a) Native Americans and Native American tribes; – 2 – - 81st Session (2021) (b) Persons of marginalized sexual orientation or gender identity; (c) Persons with disabilities; (d) Persons from various racial and ethnic backgrounds, including, without limitation, persons who are African-American, Basque, Hispanic or Asian or Pacific Islander; (e) Persons from various socioeconomic statuses; (f) Immigrants or refugees; (g) Persons from various religious backgrounds; and (h) Any other group of persons the board of trustees of a school district or the governing body of a charter school deems appropriate. 2. The standards of content and performance for the instruction required by subsection 1 must be included in the standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520. The instruction required by subsection 1 must be: (a) Age-appropriate; and (b) Included within one or more courses of study for which the Council has established the relevant standards of content and performance. Sec. 2. NRS 389.850 is hereby amended to read as follows: 389.850 1. The State Board shall make the final selection of all textbooks to be used in the public schools in this State, except for charter schools. If a textbook proposed for selection is in a subject area for which standards of content have been established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520, the State Board shall not select the textbook unless the State Board determines that the textbook adequately supports the standards for that subject area. 2. A textbook must not be selected by the State Board pursuant to subsection 1 for use in the public schools in classes in literature, history or social sciences unless it accurately portrays the cultural and racial diversity of our society, including lessons on the contributions made to our society by men and women from various racial and ethnic backgrounds. 3. Instructional materials, including, without limitation, a textbook, must not be selected by the State Board pursuant to subsection 1 for use in the public schools unless the State Board determines that the instructional materials accurately portray the history and contributions to science, the arts and humanities of the groups of persons described in section 1 of this act. – 3 – - 81st Session (2021) Sec. 3. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act. Sec. 4. 1. This section becomes effective upon passage and approval. 2. Sections 1, 2 and 3 of this act become effective: (a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and (b) On July 1, 2022, for all other purposes. 20 ~~~~~ 21