Text of NV SB 204 (2015)

S.B. 204 - *SB204* SENATE BILL NO. 204–SENATORS PARKS, WOODHOUSE, MANENDO, ATKINSON, FORD; AND SMITH MARCH 2, 2015 ____________ JOINT SPONSORS: ASSEMBLYWOMEN SPIEGEL AND JOINER ____________ Referred to Committee on Education SUMMARY—Providing for protections from bullying in public schools. (BDR 34-51) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§ 2) (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; revising provisions relating to required actions of the staff and administration of public schools to reports of bullying or cyber-bullying; providing a right of action for an injury resulting from negligence or a violation of the provisions of statute relating to a safe and respectful learning environment; requiring the school safety team at each school to take certain actions relating to the prevention of bullying and cyber-bullying; requiring the Nevada Equal Rights Commission to take certain actions relating to the prevention of bullying and cyber-bullying of pupils enrolled in the public schools of this State based on or motivated by race, color, religion, national origin, disability, sexual orientation, sex or gender identity or expression; authorizing the filing of a complaint with the Nevada Equal Rights Commission regarding the bullying or cyber-bullying of such a pupil based on or motivated by race, color, religion, national origin, disability, sexual orientation, sex or gender identity or expression; and providing other matters properly relating thereto. – 2 – - *SB204* Legislative Counsel’s Digest: Under existing law, if an incident of bullying or cyber-bullying is reported to 1 the principal of a school, the principal or a person designated by the principal must 2 investigate the incident. (NRS 388.1351) Section 8 of this bill requires that if the 3 principal or the designee determines that bullying or cyber-bullying occurred, the 4 principal or the designee must: (1) develop, implement and monitor a safety plan 5 for the pupil who was subjected to bullying or cyber-bullying; (2) either discipline 6 any pupil who committed the bullying or cyber-bullying or recommend discipline 7 to the superintendent of the school district; and (3) require the pupil who committed 8 the bullying or cyber-bullying to undergo an assessment designed to determine 9 whether the pupil should be required to undergo counseling, intervention or other 10 psychological services. Under section 2 of this bill, as part of developing the 11 required safety plan, the principal or the designee must create a record for the pupil 12 who was subjected to bullying or cyber-bullying. The record must include specified 13 information about the pupil and the circumstances of the bullying or cyber- 14 bullying. Section 2 also requires the safety plan to include counseling, intervention 15 or other psychological services for the pupil, increased adult supervision of the 16 pupils involved, a determination of whether the pupils should be relocated to 17 different classrooms or schools and, if it has been determined that the pupil is at 18 risk of suicide, steps that will be taken to prevent any suicide attempt. The principal 19 or the designee must consult with the parent or guardian of the pupil when 20 developing the safety plan. 21 Section 3 of this bill provides a right of action for any person who is injured by 22 a breach of the duty of care established by section 5 of this bill or a violation by a 23 school district or an employee or volunteer of a school district of the provisions of 24 statute relating to a safe and respectful learning environment. 25 Existing law requires the Department of Education to prescribe a policy for all 26 school districts and public schools to provide a safe and respectful learning 27 environment that is free of bullying and cyber-bullying and requires the board of 28 trustees of each school district to adopt the policy. (NRS 388.133, 388.134) Section 29 6 of this bill requires the policy to include guidelines for the imposition of 30 discipline on a pupil who is found to have bullied or cyber-bullied another pupil. 31 Section 6 also requires the Department to determine annually that each school 32 district has adopted the policy. 33 Existing law requires the principal of each public school to establish a school 34 safety team that must meet at least two times each year to investigate and discuss 35 issues relating to bullying and cyber-bullying in schools. (NRS 388.1344) Section 7 36 of this bill requires the school safety team to monitor the school to ensure 37 compliance with provisions of law relating to the prevention of bullying and cyber- 38 bullying. The school safety team also must submit an annual report to the board of 39 trustees of the school district that includes information about incidents of bullying 40 or cyber-bullying at the school during the previous school year. Section 7 also 41 requires each school safety team to develop guidelines and procedures regarding 42 counseling, intervention or other psychological services provided to pupils who are 43 involved in bullying or cyber-bullying. 44 Existing law establishes the Nevada Equal Rights Commission, an appointed 45 body given various powers and duties relating to the elimination of discrimination 46 based on race, color, creed, sex, age, disability, sexual orientation, national origin, 47 ancestry, or gender identity or expression. (NRS 233.140, 233.150) A person who 48 believes that he or she has been denied the full and equal enjoyment of any place of 49 public accommodation because of such discrimination may file a complaint to that 50 effect with the Commission, which may investigate the matter, attempt to settle any 51 dispute informally and order the person alleged to be discriminating to cease and 52 desist. (NRS 233.170, 651.110) Section 10 of this bill provides that public schools 53 are places of public accommodation for the purpose of laws prohibiting 54 – 3 – - *SB204* discrimination in such places. Section 9 of this bill requires the Commission and 55 the Administrator of the Commission to take certain actions intended to ensure that 56 pupils are provided a safe and respectful learning environment that is free of 57 bullying or cyber-bullying based on or motivated by race, color, religion, national 58 origin, disability, sex, sexual orientation, or gender identity or expression. Section 59 11 authorizes a pupil who believes he or she has been the victim of such bullying or 60 cyber-bullying and who believes that the administration of the public school has not 61 adequately addressed his or her claims regarding the bullying or cyber-bullying to 62 file a complaint to that effect with the Commission. 63 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 the provisions set forth as sections 2 and 3 of this act. 2 Sec. 2. 1. As part of developing the safety plan required by 3 NRS 388.1351, the principal or his or her designee shall create a 4 record for the pupil who was subjected to bullying or cyber- 5 bullying. The record must include, without limitation: 6 (a) A description of any pattern of bullying or cyber-bullying 7 to which the principal or the designee determines the pupil was 8 subjected; 9 (b) A determination of whether the bullying or cyber-bullying 10 interfered with the education of the pupil; 11 (c) The name of each person who the principal or the designee 12 determines committed the bullying or cyber-bullying, if the names 13 of any such persons are known; 14 (d) A description of the location and frequency of the bullying 15 or cyber-bullying; 16 (e) A summary of any interviews the principal or the designee 17 conducted as part of the investigation, including, without 18 limitation, interviews with the pupil, any person who the principal 19 or the designee determines committed the bullying or cyber- 20 bullying, any person who the principal or the designee determines 21 witnessed or overheard the bullying or cyber-bullying and any 22 family members, teachers, administrators or other personnel of the 23 school; 24 (f) An analysis of whether the pupil is at risk of suicide and, if 25 so, steps that have been taken to prevent any suicide attempt by the 26 pupil; and 27 (g) The schedule of counseling, intervention or other 28 psychological services provided to the pupil or to which the pupil 29 is referred pursuant to paragraph (a) of subsection 2. 30 2. The safety plan required by subsection 1 must be designed 31 to ensure the safety of the pupil who was subjected to bullying or 32 cyber-bullying and must include, without limitation: 33 – 4 – - *SB204* (a) Counseling, intervention or other psychological services 1 provided by the school district, if the board of directors of the 2 school district employs a person licensed or otherwise authorized 3 pursuant to the laws of this State to provide such services, or 4 referrals to counseling, intervention or other psychological 5 services provided outside of the school. 6 (b) Increased adult supervision of the pupil and any other 7 pupil determined to have committed the bullying or cyber-bullying, 8 including, without limitation, arrangements for administrators, 9 teachers or other personnel of the school to regularly meet with 10 the pupils and the parent or guardian of the pupils. 11 (c) If, as a result of the analysis required by paragraph (f) of 12 subsection 1, it is determined that the pupil is at risk of suicide, the 13 steps that will be taken to prevent any suicide attempt by the pupil. 14 (d) A determination of whether a safe and respectful learning 15 environment that is free of bullying and cyber-bullying can best be 16 provided by relocating the pupil or any other pupil determined to 17 have committed the bullying or cyber-bullying to a different 18 classroom or school. 19 3. In developing the safety plan required by subsection 1, the 20 principal or the designee shall consult with the parent or guardian 21 of the pupil who was subjected to bullying or cyber-bullying and, 22 to the extent practicable, with the pupil. 23 4. No information or records may be released as part of the 24 development, implementation or monitoring of a safety plan in a 25 manner that would prevent the receipt of federal money or 26 otherwise result in sanctions against this State pursuant to any 27 federal law. 28 Sec. 3. 1. Any person who is injured by a breach of the duty 29 of care described in subsection 2 of NRS 388.132 or a violation of 30 any provision of NRS 388.121 to 388.145, inclusive, and sections 2 31 and 3 of this act by a school district or an employee or volunteer of 32 the board of trustees of a school district may bring an action for 33 damages and injunctive relief against the school district and any 34 other person responsible for the breach or the violation. 35 2. A plaintiff who prevails in such an action is entitled to 36 recover treble damages and reasonable attorney’s fees and costs. 37 Sec. 4. NRS 388.121 is hereby amended to read as follows: 38 388.121 As used in NRS 388.121 to 388.145, inclusive, and 39 sections 2 and 3 of this act, unless the context otherwise requires, 40 the words and terms defined in NRS 388.122, 388.123 and 388.124 41 have the meanings ascribed to them in those sections. 42 Sec. 5. NRS 388.132 is hereby amended to read as follows: 43 388.132 The Legislature declares that: 44 – 5 – - *SB204* 1. A learning environment that is safe and respectful is 1 essential for the pupils enrolled in the public schools in this State to 2 achieve academic success and meet this State’s high academic 3 standards; 4 2. The board of trustees of a school district and the employees 5 and volunteers of the board of trustees have a special relationship 6 with the pupils of the school district and owe the pupils a special 7 duty of care that includes, without limitation, the duty to use 8 reasonable measures to protect pupils from foreseeable injury 9 caused by negligence or by an intentional act, including, without 10 limitation, injury caused by other pupils; 11 3. Any form of bullying or cyber-bullying seriously interferes 12 with the ability of teachers to teach in the classroom and the ability 13 of pupils to learn; 14 [3.] 4. The use of the Internet by pupils in a manner that is 15 ethical, safe and secure is essential to a safe and respectful learning 16 environment and is essential for the successful use of technology; 17 [4.] 5. The intended goal of the Legislature is to ensure that: 18 (a) The public schools in this State provide a safe and respectful 19 learning environment in which persons of differing beliefs, 20 characteristics and backgrounds can realize their full academic and 21 personal potential; 22 (b) All administrators, principals, teachers and other personnel 23 of the school districts and public schools in this State demonstrate 24 appropriate behavior on the premises of any public school by 25 treating other persons, including, without limitation, pupils, with 26 civility and respect and by refusing to tolerate bullying and cyber- 27 bullying; and 28 (c) All persons in public schools are entitled to maintain their 29 own beliefs and to respectfully disagree without resorting to 30 bullying, cyber-bullying or violence; and 31 [5.] 6. By declaring its goal that the public schools in this State 32 provide a safe and respectful learning environment, the Legislature 33 is not advocating or requiring the acceptance of differing beliefs in a 34 manner that would inhibit the freedom of expression, but is 35 requiring that pupils with differing beliefs be free from abuse. 36 Sec. 6. NRS 388.133 is hereby amended to read as follows: 37 388.133 1. The Department shall, in consultation with the 38 boards of trustees of school districts, educational personnel, local 39 associations and organizations of parents whose children are 40 enrolled in public schools throughout this State, and individual 41 parents and legal guardians whose children are enrolled in public 42 schools throughout this State, prescribe by regulation a policy for all 43 school districts and public schools to provide a safe and respectful 44 learning environment that is free of bullying and cyber-bullying. 45 – 6 – - *SB204* 2. The policy must include, without limitation: 1 (a) Requirements and methods for reporting violations of NRS 2 388.135; [and] 3 (b) Guidelines for the imposition of discipline on a pupil who 4 violates NRS 388.135; and 5 (c) A policy for use by school districts to train members of the 6 board of trustees and all administrators, principals, teachers and all 7 other personnel employed by the board of trustees of a school 8 district. The policy must include, without limitation: 9 (1) Training in the appropriate methods to facilitate positive 10 human relations among pupils by eliminating the use of bullying 11 and cyber-bullying so that pupils may realize their full academic and 12 personal potential; 13 (2) Training in methods to prevent, identify and report 14 incidents of bullying and cyber-bullying; 15 (3) Methods to improve the school environment in a manner 16 that will facilitate positive human relations among pupils; and 17 (4) Methods to teach skills to pupils so that the pupils are 18 able to replace inappropriate behavior with positive behavior. 19 3. On or before August 1 immediately preceding each school 20 year, the Department shall review each school district for 21 compliance with the requirements of NRS 388.134. 22 Sec. 7. NRS 388.1344 is hereby amended to read as follows: 23 388.1344 1. Each school safety team established pursuant to 24 NRS 388.1343 must consist of the principal or his or her designee 25 and the following persons appointed by the principal: 26 (a) A school counselor; 27 (b) At least one teacher who teaches at the school; 28 (c) At least one parent or legal guardian of a pupil enrolled in 29 the school; and 30 (d) Any other persons appointed by the principal. 31 2. The principal or his or her designee shall serve as the chair 32 of the school safety team. 33 3. The school safety team shall: 34 (a) Meet at least two times each year; 35 (b) Identify and address patterns of bullying or cyber-bullying; 36 (c) Review and strengthen school policies to prevent and 37 address bullying or cyber-bullying; 38 (d) Provide information to school personnel, pupils enrolled in 39 the school and parents and legal guardians of pupils enrolled in the 40 school on methods to address bullying and cyber-bullying; [and] 41 (e) To the extent money is available [, participate] : 42 (1) Participate in any training conducted by the school 43 district regarding bullying and cyber-bullying [.] ; and 44 – 7 – - *SB204* (2) Monitor the school for the purpose of ensuring 1 compliance at the school with the provisions of NRS 388.133 to 2 388.145, inclusive, and sections 2 and 3 of this act; 3 (f) On or before August 1 immediately preceding each school 4 year, submit a report to the board of trustees of the school district 5 which includes the number of violations of NRS 388.135 reported 6 at the school during the previous school year and the number of 7 safety plans developed and implemented at the school pursuant to 8 NRS 388.1351 during the previous school year; and 9 (g) Develop: 10 (1) Guidelines for providing counseling, intervention or 11 other psychological services to a pupil who has been subjected to 12 bullying or cyber-bullying or for referring such a pupil to a person 13 who provides counseling, intervention or other psychological 14 services, as required by section 2 of this act; and 15 (2) Procedures for determining whether a pupil who has 16 violated NRS 388.135 should be required pursuant to NRS 17 388.1351 to undergo counseling, intervention or other 18 psychological services. 19 Sec. 8. NRS 388.1351 is hereby amended to read as follows: 20 388.1351 1. A teacher or other paid or volunteer staff 21 member who witnesses a violation of NRS 388.135 or receives 22 information that a violation of NRS 388.135 has occurred shall 23 verbally report the violation to the principal or his or her designee 24 on the day on which the teacher or other staff member witnessed the 25 violation or received information regarding the occurrence of a 26 violation. 27 2. The principal or his or her designee shall initiate an 28 investigation not later than 1 day after receiving notice of the 29 violation pursuant to subsection 1. The principal or the designee 30 shall provide written notice of a reported violation of NRS 388.135 31 to the parent or legal guardian of each pupil involved in the reported 32 violation. The notice must include, without limitation, a statement 33 that the principal or the designee will be conducting an investigation 34 into the reported violation and that the parent or legal guardian may 35 discuss with the principal or the designee any counseling and 36 intervention services that are available to the pupil. The 37 investigation must be completed within 10 days after the date on 38 which the investigation is initiated . [and, if] If a violation is found 39 to have occurred, [include recommendations concerning the 40 imposition of disciplinary action or other measures to be imposed as 41 a result of the violation, in] the principal or the designee shall: 42 (a) Subject to the provisions of section 2 of this act, develop, 43 implement and monitor a safety plan for any pupil who was 44 subjected to the bullying or cyber-bullying; 45 – 8 – - *SB204* (b) In accordance with the policy governing disciplinary action 1 adopted by the board of trustees of the school district [.] , and 2 considering the guidelines for disciplinary action included in the 3 policy required by NRS 388.133, impose disciplinary action on any 4 pupil who the principal or the designee determines violated NRS 5 388.135 or make a recommendation to the superintendent of 6 schools of the school district regarding such disciplinary action; 7 and 8 (c) Require any pupil who the principal or the designee 9 determines violated NRS 388.135 to undergo an assessment by a 10 person licensed or otherwise authorized by the laws of this State to 11 provide counseling, intervention or other psychological services, 12 who shall recommend whether the pupil should be required to 13 undergo counseling, intervention or other psychological services. 14 3. The parent or legal guardian of a pupil involved in the 15 reported violation of NRS 388.135 may appeal a disciplinary 16 decision of the principal or his or her designee [,] or the 17 superintendent of schools of the school district made against the 18 pupil as a result of the violation, in accordance with the policy 19 governing disciplinary action adopted by the board of trustees of the 20 school district. 21 Sec. 9. NRS 233.140 is hereby amended to read as follows: 22 233.140 The Commission shall: 23 1. Foster mutual understanding and respect among all racial, 24 religious, disabled and ethnic groups and between the sexes in the 25 State. 26 2. Aid in securing equal health and welfare services and 27 facilities for all the residents of the State without regard to race, 28 religion, sex, age, disability or nationality. 29 3. Study problems arising between groups within the State 30 which may result in tensions, discrimination or prejudice because of 31 race, color, creed, sex, age, disability, national origin or ancestry, 32 and formulate and carry out programs of education and disseminate 33 information with the object of discouraging and eliminating any 34 such tensions, prejudices or discrimination. 35 4. Secure the cooperation of various racial, religious, disabled, 36 nationality and ethnic groups, veterans’ organizations, labor 37 organizations, business and industry organizations and fraternal, 38 benevolent and service groups, in educational campaigns devoted to 39 the need for eliminating group prejudice, racial or area tensions, 40 intolerance or discrimination. 41 5. Cooperate with and seek the cooperation of federal and state 42 agencies and departments in carrying out projects within their 43 respective authorities to eliminate intergroup tensions and to 44 promote intergroup harmony. 45 – 9 – - *SB204* 6. Establish policies, procedures and practices intended to 1 ensure that pupils enrolled in the public schools of this State are 2 provided a safe and respectful learning environment that is free of 3 bullying and cyber-bullying based on or motivated by race, color, 4 religion, national origin, disability, sex, sexual orientation, or 5 gender identity or expression. 6 7. Order the Administrator to offer, at least four times each 7 year, training and other educational, outreach or service programs 8 to pupils, teachers, administrators and other staff of the public 9 schools of this State intended to ensure that pupils of the public 10 schools of this State are provided a safe and respectful learning 11 environment that is free of bullying and cyber-bullying based on 12 or motivated by race, color, religion, national origin, disability, 13 sex, sexual orientation, or gender identity or expression. 14 Sec. 10. NRS 651.050 is hereby amended to read as follows: 15 651.050 As used in NRS 651.050 to 651.110, inclusive, unless 16 the context otherwise requires: 17 1. “Disability” means, with respect to a person: 18 (a) A physical or mental impairment that substantially limits one 19 or more of the major life activities of the person; 20 (b) A record of such an impairment; or 21 (c) Being regarded as having such an impairment. 22 2. “Gender identity or expression” means a gender-related 23 identity, appearance, expression or behavior of a person, regardless 24 of the person’s assigned sex at birth. 25 3. “Place of public accommodation” means: 26 (a) Any inn, hotel, motel or other establishment which provides 27 lodging to transient guests, except an establishment located within a 28 building which contains not more than five rooms for rent or hire 29 and which is actually occupied by the proprietor of the 30 establishment as the proprietor’s residence; 31 (b) Any restaurant, bar, cafeteria, lunchroom, lunch counter, 32 soda fountain, casino or any other facility where food or spirituous 33 or malt liquors are sold, including any such facility located on the 34 premises of any retail establishment; 35 (c) Any gasoline station; 36 (d) Any motion picture house, theater, concert hall, sports arena 37 or other place of exhibition or entertainment; 38 (e) Any auditorium, convention center, lecture hall, stadium or 39 other place of public gathering; 40 (f) Any bakery, grocery store, clothing store, hardware store, 41 shopping center or other sales or rental establishment; 42 (g) Any laundromat, dry cleaner, bank, barber shop, beauty 43 shop, travel service, shoe repair service, funeral parlor, office of an 44 – 10 – - *SB204* accountant or lawyer, pharmacy, insurance office, office of a 1 provider of health care, hospital or other service establishment; 2 (h) Any terminal, depot or other station used for specified public 3 transportation; 4 (i) Any museum, library, gallery or other place of public display 5 or collection; 6 (j) Any park, zoo, amusement park or other place of recreation; 7 (k) Any nursery, public school, private school or university or 8 other place of education; 9 (l) Any day care center, senior citizen center, homeless shelter, 10 food bank, adoption agency or other social service establishment; 11 (m) Any gymnasium, health spa, bowling alley, golf course or 12 other place of exercise or recreation; 13 (n) Any other establishment or place to which the public is 14 invited or which is intended for public use; and 15 (o) Any establishment physically containing or contained within 16 any of the establishments described in paragraphs (a) to (n), 17 inclusive, which holds itself out as serving patrons of the described 18 establishment. 19 4. “Sexual orientation” means having or being perceived as 20 having an orientation for heterosexuality, homosexuality or 21 bisexuality. 22 Sec. 11. NRS 651.110 is hereby amended to read as follows: 23 651.110 1. Any person who believes he or she has been 24 denied full and equal enjoyment of the goods, services, facilities, 25 privileges, advantages and accommodations of any place of public 26 accommodation because of discrimination or segregation based on 27 race, color, religion, national origin, disability, sexual orientation, 28 sex or gender identity or expression may file a complaint to that 29 effect with the Nevada Equal Rights Commission. 30 2. If a pupil of a public school believes that: 31 (a) He or she has been a victim of bullying or cyber-bullying 32 based on or motivated by his or her race, color, religion, national 33 origin, disability, sexual orientation, sex or gender identity or 34 expression; and 35 (b) The administration of the public school has not adequately 36 addressed his or her claims regarding the bullying or 37 cyber-bullying, 38 ¬ the pupil, or a parent or guardian of the pupil, may file a 39 complaint to that effect with the Nevada Equal Rights 40 Commission. 41 3. As used in this section: 42 (a) “Bullying” has the meaning ascribed to it in NRS 388.122. 43 (b) “Cyber-bullying” has the meaning ascribed to it in 44 NRS 388.123. 45 – 11 – - *SB204* Sec. 12. The provisions of NRS 354.599 do not apply to any 1 additional expenses of a local government that are related to the 2 provisions of this act. 3 Sec. 13. This act becomes effective on July 1, 2015. 4 H