Text of NV AB 357 (2023)

A.B. 357 - *AB357* ASSEMBLY BILL NO. 357–ASSEMBLYMEN BILBRAY-AXELROD, TORRES, WATTS AND PETERS MARCH 20, 2023 ____________ JOINT SPONSOR: SENATOR D. HARRIS ____________ Referred to Committee on Education SUMMARY—Revises provisions governing sexual education in public schools. (BDR 34-163) 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. AN ACT relating to education; replacing the required course or unit of a course of instruction concerning the human immunodeficiency virus, the human reproductive system, related communicable diseases and sexual responsibility with a required course or unit of a course in sexuality education; revising the membership and duties of the advisory committee established in each school district for such a course; revising provisions governing consent to participate in such a course or unit of a course; requiring the board of trustees of each school district to submit to the Legislature an annual report concerning such a course or unit of a course of instruction; requiring the adoption of statewide standards concerning such a course or unit of a course; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the board of trustees of each school district to establish a 1 course or unit of a course of instruction concerning the human immunodeficiency 2 virus, the human reproductive system, related communicable diseases and sexual 3 responsibility which must be taught by a teacher or school nurse whose 4 qualifications have been approved by the board of trustees. Existing law requires 5 each board of trustees to establish an advisory committee to advise the district 6 concerning the content of and materials to be used in such a course. (NRS 389.036) 7 – 2 – - *AB357* Section 2 of this bill revises these requirements by requiring the board of trustees 8 of a school district to establish a course or unit of a course of instruction in 9 evidence-based, factual instruction in sexuality education. Section 2 also: (1) adds 10 two pupils who attend schools in the district to the membership of the advisory 11 committee; and (2) requires each member of the advisory committee to have one 12 vote on each matter requiring a vote. Section 2 additionally requires the advisory 13 committee to make recommendations on the persons who will provide instruction 14 in a course or unit of a course in sexuality education. Section 3 of this bill requires 15 the standards adopted by the Council to Establish Academic Standards for Public 16 Schools for instruction in health to include standards for sexuality education. 17 Section 2 requires the course or unit of a course of instruction to: (1) comply with 18 such standards of content and performance established by the Council for a course 19 of study in health; and (2) be appropriate for the ages of pupils who receive the 20 instruction. Section 3 also authorizes the Council to include topics related to 21 sexuality education in the standards for other courses where appropriate. 22 Existing law further requires notice to be given to a parent or guardian of a 23 pupil to whom such a course or unit of such a course of instruction will be offered 24 and requires the school district to provide a form for the parent or guardian of a 25 pupil to provide written permission for the pupil to participate in the course or unit 26 of a course. (NRS 389.036) Section 2 replaces this form by requiring the school 27 district to provide a form for the parent or guardian of a pupil to refuse to authorize 28 a pupil’s participation in specific lessons in the course or the entire course. Section 29 2 authorizes a school district to make this form available on a secure Internet 30 website and requires the form to include an option for a parent or guardian of a 31 pupil to refuse permission for the pupil to participate in a course of sexuality 32 education: (1) for that school year only; or (2) for any school year in which the 33 pupil is enrolled in the school district. 34 Section 1 of this bill requires the board of trustees of each school district to 35 submit an annual report on the status of the establishment of such a course or unit 36 of such a course of instruction in the district to the Director of the Legislative 37 Counsel Bureau for transmittal to the Joint Interim Standing Committee on 38 Education. 39 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. On or before July 1 of each year, the board of trustees of 3 each school district shall prepare and submit a report on the status 4 of the establishment of a course or unit of a course of instruction 5 in sexuality education pursuant to NRS 389.036 to the Director of 6 the Legislative Counsel Bureau for transmittal to the Joint Interim 7 Standing Committee on Education. 8 2. The report submitted pursuant to subsection 1 must 9 include, without limitation, the following information relating to 10 the course or unit of a course of instruction, categorized by school 11 and grade level: 12 (a) The number of pupils who participated in the course or 13 unit of a course of instruction; and 14 – 3 – - *AB357* (b) The number of pupils who did not participate in the course 1 or unit of a course of instruction based on the choice of the parent 2 or guardian of the pupil. 3 3. The report must also include the total number of hours of 4 instruction and the content of the curriculum of the course or unit 5 of a course of instruction established by the school district 6 pursuant to NRS 389.036 for each grade level in the school district 7 in which the instruction was taught. 8 4. If only a portion of the curriculum of the school district 9 relating to the course or unit of a course of instruction was taught 10 or if fewer hours of instruction were taught than the number of 11 hours of instruction reported pursuant to subsection 3, the report 12 must indicate which portion of the curriculum was not taught, if 13 any, and the reason for its exclusion. 14 Sec. 2. NRS 389.036 is hereby amended to read as follows: 15 389.036 1. The board of trustees of a school district shall 16 [establish] : 17 (a) Establish a course or unit of a course of [: 18 (a) Factual] evidence-based, factual instruction [concerning the 19 human immunodeficiency virus; and 20 (b) Instruction on the human reproductive system, related 21 communicable diseases and sexual responsibility. 22 2.] in sexuality education. The course or unit of a course of 23 instruction must comply with the standards of content and 24 performance for a course of study in health established by the 25 Council to Establish Academic Standards for Public Schools 26 pursuant to NRS 389.520 and must be appropriate for the ages of 27 the pupils who receive the instruction. The course must include, 28 without limitation, instruction concerning: 29 (1) Reproductive and sexual anatomy and physiology, 30 including, without limitation, biological, psychological and 31 emotional changes that accompany maturation; 32 (2) Puberty, pregnancy, parenting, body image and gender 33 stereotypes; 34 (3) Sexually transmitted infections and related 35 communicable diseases; 36 (4) The benefits, potential side effects and proper use of 37 methods approved by the United States Food and Drug 38 Administration for preventing pregnancy and sexually transmitted 39 infections; 40 (5) The ways in which the use of alcohol and drugs affect 41 responsible decision making; 42 (6) The impact of media and peers on the thoughts, feelings 43 and behaviors of pupils related to sexuality; 44 – 4 – - *AB357* (7) How to identify, prevent and respond to domestic 1 violence, sexual abuse and sexual assault, including, without 2 limitation, medical and legal resources and counseling for 3 survivors of such crimes; 4 (8) Statutes related to age of consent and statutory rape, 5 including, without limitation, NRS 200.366, 200.727, 201.230, 6 201.540 and 201.550, and preventing statutory rape; 7 (9) Statutes related to the transmission and possession of 8 sexually explicit images, including, without limitation, NRS 9 200.604, 200.727, 200.730 and 200.780, and avoiding participation 10 in such acts and the exploitation of others through the creation 11 and transmission of such images over the Internet or in any other 12 manner; and 13 (10) The manner in which to locate and access reproductive 14 health services, including, without limitation, obtaining 15 contraceptives, barrier methods, cancer screenings and testing for 16 and the treatment of sexually transmitted infections; and 17 (b) Periodically revise the content of the course or unit of a 18 course of instruction established pursuant to paragraph (a) as 19 necessary to ensure that the content is current, appropriate for the 20 ages of the pupils and, as applicable, medically accurate. 21 2. The course or unit of a course established pursuant to 22 subsection 1 must: 23 (a) Use instructional methods and materials that promote the 24 inclusion and acceptance of pupils regardless of race, gender, 25 gender identity or expression, religion, sexual orientation, ethnic 26 or cultural background or disability; 27 (b) Promote the development of skills, including, without 28 limitation, setting goals that are needed to make responsible 29 decisions about sexuality and sexual behavior throughout life; 30 (c) Be designed to provide equally meaningful instruction to 31 pupils regardless of their level of sexual experience or whether 32 they are currently engaging in sexual activity; 33 (d) Emphasize that abstaining from sexual activity is the only 34 way to ensure the avoidance of pregnancy and sexually 35 transmitted infections; 36 (e) Emphasize the use of interpersonal skills to develop healthy 37 relationships, including, without limitation, friendships, marriage 38 and romantic and familial relationships; and 39 (f) Involve the parents or guardians of pupils in the instruction 40 provided and encourage pupils to communicate with their families 41 concerning issues related to sexuality. 42 3. Each board of trustees shall appoint an advisory committee 43 consisting of: 44 – 5 – - *AB357* (a) Five parents of children who attend schools in the district; 1 [and] 2 (b) Two pupils who attend schools in the district; and 3 (c) Four representatives, one from each of [four of] the 4 following professions or occupations: 5 (1) Medicine or nursing; 6 (2) Counseling; 7 (3) Religion; and 8 (4) [Pupils who attend schools in the district; or 9 (5)] Teaching. 10 [ This] 11 4. Each member of the advisory committee appointed 12 pursuant to subsection 3 is entitled to one vote on each matter 13 requiring a vote. 14 5. The advisory committee appointed pursuant to subsection 3 15 shall advise the district concerning the content of and materials to be 16 used in a course or unit of a course of instruction established 17 pursuant to this section, [and] the recommended ages of the pupils 18 to whom the course or unit is offered [.] and the persons who will 19 provide instruction in such a course. The advisory committee shall 20 ensure that each person recommended to provide such instruction 21 meets the requirements of subsection 6. The final decision on these 22 matters must be that of the board of trustees. 23 [3.] 6. The subjects of the [courses] course or unit of a course 24 of instruction may be taught only by a teacher , [or] school nurse 25 [whose qualifications have] , provider of health care or other 26 person who has been [previously] approved by the board of 27 trustees. The board of trustees may approve a person for the 28 purposes of this subsection if it determines that the person has 29 demonstrated competency in the applicable subject and the use of 30 the required instructional materials. 31 [4.] 7. The parent or guardian of each pupil to whom a course 32 or unit of a course of instruction established pursuant to this 33 section is offered must first be furnished written notice that the 34 course or unit of a course of instruction will be offered. [The] 35 Except as otherwise provided in subsection 8, the notice must be 36 given in the usual manner used by the local district to transmit 37 written material to parents, and must contain a form for the 38 signature of the parent or guardian of the pupil [consenting to] 39 refusing to authorize the pupil’s attendance. The form must allow 40 the parent to refuse authorization for the pupil to attend specific 41 lessons or the entirety of the course or unit of a course. Upon 42 receipt of the written [consent] refusal of the parent or guardian, the 43 pupil [may attend the course. If the written consent of the parent or 44 guardian is not received, the pupil] must be excused from [such 45 – 6 – - *AB357* attendance] attending the course or unit of a course or the specific 1 lesson for which authorization was refused, as applicable, without 2 any penalty as to credits or academic standing. If the written refusal 3 of the parent or guardian is not received, the pupil must attend 4 each lesson of the course or unit of a course. Any course or unit of 5 a course offered pursuant to this section is not a requirement for 6 graduation. 7 [5.] 8. The form required to be provided to a parent or 8 guardian of a pupil pursuant to subsection 7: 9 (a) May be made available on the secure Internet website of 10 the school district for the electronic signature of the parent or 11 guardian and may be included with any online registration to 12 register a child with a school. 13 (b) Must allow the parent or guardian of a pupil to refuse to 14 authorize the pupil to attend a course or unit of a course of 15 instruction established pursuant to this section during: 16 (1) The school year in which the authorization is refused; 17 or 18 (2) Any school year in which the pupil is enrolled in the 19 school district. 20 (c) Must include a notification that authorization may be 21 refused at any time and, regardless of how authorization is 22 refused, the parent or guardian will receive written notice 23 pursuant to subsection 7 when a course or unit of a course of 24 instruction established pursuant to subsection 1 will be offered. 25 9. All instructional materials to be used in a course or unit of a 26 course of instruction established pursuant to this section must be 27 available for inspection by parents or guardians of pupils at 28 reasonable times and locations before the course is taught, and 29 appropriate written notice of the availability of the material must be 30 furnished to all parents and guardians. 31 10. As used in this section, “provider of health care” has the 32 meaning ascribed to it in NRS 629.031. 33 Sec. 3. NRS 389.520 is hereby amended to read as follows: 34 389.520 1. The Council shall: 35 (a) Establish standards of content and performance, including, 36 without limitation, a prescription of the resulting level of 37 achievement, for the grade levels set forth in subsection 5, based 38 upon the content of each course, that is expected of pupils for the 39 following courses of study: 40 (1) English language arts; 41 (2) Mathematics; 42 (3) Science; 43 – 7 – - *AB357* (4) Social studies, which includes only the subjects of 1 history, geography, economics, civics, financial literacy and 2 multicultural education; 3 (5) The arts; 4 (6) Computer education and technology, which includes 5 computer science and computational thinking; 6 (7) Health; 7 (8) Physical education; and 8 (9) A foreign or world language. 9 (b) Establish a schedule for the periodic review and, if 10 necessary, revision of the standards of content and performance. The 11 review must include, without limitation, the review required 12 pursuant to NRS 390.115 of the results of pupils on the 13 examinations administered pursuant to NRS 390.105. 14 (c) Assign priorities to the standards of content and performance 15 relative to importance and degree of emphasis and revise the 16 standards, if necessary, based upon the priorities. 17 2. The standards for computer education and technology must 18 include a policy for the ethical, safe and secure use of computers 19 and other electronic devices. The policy must include, without 20 limitation: 21 (a) The ethical use of computers and other electronic devices, 22 including, without limitation: 23 (1) Rules of conduct for the acceptable use of the Internet 24 and other electronic devices; and 25 (2) Methods to ensure the prevention of: 26 (I) Cyber-bullying; 27 (II) Plagiarism; and 28 (III) The theft of information or data in an electronic 29 form; 30 (b) The safe use of computers and other electronic devices, 31 including, without limitation, methods to: 32 (1) Avoid cyber-bullying and other unwanted electronic 33 communication, including, without limitation, communication with 34 on-line predators; 35 (2) Recognize when an on-line electronic communication is 36 dangerous or potentially dangerous; and 37 (3) Report a dangerous or potentially dangerous on-line 38 electronic communication to the appropriate school personnel; 39 (c) The secure use of computers and other electronic devices, 40 including, without limitation: 41 (1) Methods to maintain the security of personal identifying 42 information and financial information, including, without limitation, 43 identifying unsolicited electronic communication which is sent for 44 – 8 – - *AB357* the purpose of obtaining such personal and financial information for 1 an unlawful purpose; 2 (2) The necessity for secure passwords or other unique 3 identifiers; 4 (3) The effects of a computer contaminant; 5 (4) Methods to identify unsolicited commercial material; and 6 (5) The dangers associated with social networking Internet 7 sites; and 8 (d) A designation of the level of detail of instruction as 9 appropriate for the grade level of pupils who receive the instruction. 10 3. The standards for social studies must include multicultural 11 education, including, without limitation, information relating to 12 contributions made by men and women from various racial and 13 ethnic backgrounds. The Council shall consult with members of the 14 community who represent the racial and ethnic diversity of this 15 State in developing such standards. 16 4. The standards for health must include [mental] : 17 (a) Mental health and the relationship between mental health 18 and physical health [.] ; and 19 (b) Standards for sexuality education. The standards for other 20 courses may include topics relating to sexuality education where 21 appropriate. 22 5. The Council shall establish standards of content and 23 performance for each grade level in kindergarten and grades 1 to 8, 24 inclusive, for English language arts and mathematics. The Council 25 shall establish standards of content and performance for the grade 26 levels selected by the Council for the other courses of study 27 prescribed in subsection 1. 28 6. The Council shall forward to the State Board the standards 29 of content and performance established by the Council for each 30 course of study. The State Board shall: 31 (a) Adopt the standards for each course of study, as submitted 32 by the Council; or 33 (b) If the State Board objects to the standards for a course of 34 study or a particular grade level for a course of study, return those 35 standards to the Council with a written explanation setting forth the 36 reason for the objection. 37 7. If the State Board returns to the Council the standards of 38 content and performance for a course of study or a grade level, the 39 Council shall: 40 (a) Consider the objection provided by the State Board and 41 determine whether to revise the standards based upon the objection; 42 and 43 (b) Return the standards or the revised standards, as applicable, 44 to the State Board. 45 – 9 – - *AB357*  The State Board shall adopt the standards of content and 1 performance or the revised standards, as applicable. 2 8. The Council shall work in cooperation with the State Board 3 to prescribe the examinations required by NRS 390.105. 4 9. As used in this section: 5 (a) “Computer contaminant” has the meaning ascribed to it in 6 NRS 205.4737. 7 (b) “Cyber-bullying” has the meaning ascribed to it in 8 NRS 388.123. 9 (c) “Electronic communication” has the meaning ascribed to it 10 in NRS 388.124. 11 Sec. 4. The report of the board of trustees of a school district 12 required pursuant to section 1 of this act for the 2022-2023 school 13 year must: 14 1. Consist of information concerning the course or unit of a 15 course of instruction concerning human immunodeficiency virus, 16 the human reproductive system, related communicable diseases and 17 sexual responsibility established pursuant to NRS 389.036, as that 18 section existed on June 30, 2023. 19 2. Be submitted to the Director of the Legislative Counsel 20 Bureau on or before October 1, 2023. 21 Sec. 5. The provisions of subsection 1 of NRS 218D.380 do 22 not apply to any provision of this act which adds or revises a 23 requirement to submit a report to the Legislature. 24 Sec. 6. This act becomes effective on July 1, 2023. 25 H