Text of NV AB 375 (2015)

A.B. 375 - *AB375* ASSEMBLY BILL NO. 375–ASSEMBLYWOMAN DOOLING MARCH 17, 2015 ____________ JOINT SPONSOR: SENATOR HAMMOND ____________ Referred to Committee on Education SUMMARY—Revises certain provisions concerning public schools. (BDR 34-806) 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; providing certain requirements for school facilities that are designated for use by persons of one biological sex; revising certain provisions governing courses on acquired immune deficiency syndrome and the human reproductive system; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Section 1 of this bill requires that any school facility in a public school, 1 including a restroom, locker room or shower which is designated for use by persons 2 of one biological sex must only be used by persons of that biological sex, as 3 determined at birth. Section 1 also requires a public school to provide separate, 4 private areas designated for use by pupils based on their biological sex for any 5 school facility where pupils may be in a state of undress in the presence of other 6 pupils. For the purposes of section 1, section 3 of this bill provides an exception 7 from the provisions of existing law that otherwise make it unlawful to deny equal 8 access to places of public accommodation on the ground of gender identity or 9 expression. (NRS 651.070) 10 Existing law requires the board of trustees of a school district to establish a 11 course of instruction concerning acquired immune deficiency syndrome and the 12 human reproductive system which may be taught only by a teacher or nurse whose 13 qualifications have been previously approved by the board of trustees. (NRS 14 389.065) Section 2 of this bill provides that such a course may not be offered to 15 pupils in kindergarten to grade 6, inclusive. Section 2 also requires that such a 16 course may be taught only by a teacher or nurse employed full-time by the school 17 district and no other person or entity may assist in teaching the course. Section 2 18 – 2 – - *AB375* further requires that any instructional material used in such a course may not 19 contain explicit depictions of sexual activity. 20 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 388 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. Any school facility in a public school, including, without 3 limitation, a restroom, locker room or shower which is designated 4 for use by persons of one biological sex must only be used by 5 persons of that biological sex. 6 2. In any school facility or setting where a pupil may be in a 7 state of undress in the presence of other pupils, a public school 8 shall provide separate, private areas designated for use by pupils 9 based on their biological sex. 10 3. For any pupil who asserts at school a gender that is 11 different than the pupil’s biological sex, a public school shall 12 provide the best available accommodation that meets the needs of 13 the pupil, but such accommodation must not include access to a 14 school restroom, locker room or shower designated for use by 15 persons whose biological sex is different from the pupil’s 16 biological sex. Such accommodation may include, without 17 limitation, access to a single-stall restroom, access to a unisex 18 restroom or controlled use of a faculty restroom, locker room or 19 shower. 20 4. As used in this section, “biological sex” means the 21 biological condition of being male or female as determined at birth 22 based on physical differences or, if necessary, at the chromosomal 23 level. 24 Sec. 2. NRS 389.065 is hereby amended to read as follows: 25 389.065 1. The board of trustees of a school district shall 26 establish a course or unit of a course of: 27 (a) Factual instruction concerning acquired immune deficiency 28 syndrome; and 29 (b) Instruction on the human reproductive system, related 30 communicable diseases and sexual responsibility. 31 2. A course or unit of a course of instruction established 32 pursuant to subsection 1 may not be offered to pupils enrolled in 33 kindergarten to grade 6, inclusive. 34 3. Each board of trustees shall appoint an advisory committee 35 consisting of: 36 (a) Five parents of children who attend schools in the district; 37 and 38 – 3 – - *AB375* (b) Four representatives, one from each of four of the following 1 professions or occupations: 2 (1) Medicine or nursing; 3 (2) Counseling; 4 (3) Religion; 5 (4) Pupils who attend schools in the district; or 6 (5) Teaching. 7 ¬ This committee shall advise the district concerning the content of 8 and materials to be used in a course of instruction established 9 pursuant to this section, and the recommended ages of the pupils to 10 whom the course is offered. The final decision on these matters 11 must be that of the board of trustees. 12 [3.] 4. The subjects of the courses may be taught only by a 13 teacher or school nurse [whose] : 14 (a) Whose qualifications have been previously approved by the 15 board of trustees [. 16 4.] ; and 17 (b) Who is a permanent, full-time employee of the school 18 district. 19 ¬ No other person or entity may assist in teaching the subjects of 20 the courses. 21 5. The parent or guardian of each pupil to whom a course is 22 offered must first be furnished written notice that the course will be 23 offered. The notice must be given in the usual manner used by the 24 local district to transmit written material to parents, and must 25 contain a form for the signature of the parent or guardian of 26 the pupil consenting to the pupil’s attendance. Upon receipt of the 27 written consent of the parent or guardian, the pupil may attend the 28 course. If the written consent of the parent or guardian is not 29 received, the pupil must be excused from such attendance without 30 any penalty as to credits or academic standing. Any course offered 31 pursuant to this section is not a requirement for graduation. 32 [5.] 6. All instructional materials to be used in a course 33 [must] : 34 (a) Must be available for inspection by parents or guardians of 35 pupils at reasonable times and locations before the course is taught, 36 and appropriate written notice of the availability of the material 37 must be furnished to all parents and guardians [.] ; and 38 (b) May not contain explicit depictions of sexual activity. 39 Sec. 3. NRS 651.070 is hereby amended to read as follows: 40 651.070 [All] Except as otherwise provided in section 1 of 41 this act, all persons are entitled to the full and equal enjoyment of 42 the goods, services, facilities, privileges, advantages and 43 accommodations of any place of public accommodation, without 44 discrimination or segregation on the ground of race, color, religion, 45 – 4 – - *AB375* national origin, disability, sexual orientation, sex, gender identity or 1 expression. 2 Sec. 4. This act becomes effective upon passage and approval 3 for the purpose of adopting any regulations and performing any 4 other preparatory administrative tasks to carry out the provisions of 5 this act, and on January 1, 2016, for all other purposes. 6 H