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2005 SESSION (73rd) A AB202 585
KCR Date: 4/22/2005
A.B. No. 202—Revises provisions governing safe and respectful learning environment in public
schools.
Page 1 of 4 *A_AB202_585*
Amendment No. 585
Assembly Amendment to Assembly Bill No. 202 (BDR 34-561)
Proposed by: Committee on Education
Amendment Box: Replaces Amendment No. 333.
Resolves Conflicts with: N/A
Amends: Summary: No Title: No Preamble: No Joint Sponsorship: No Digest: Yes
ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend sec. 2, page 2, line 16, by deleting:
“model program of education” and inserting “policy”.
Amend sec. 2, page 2, lines 18 and 19, by deleting:
“model program of education” and inserting “policy”.
Amend sec. 2, page 3, by deleting lines 1 through 8.
Amend sec. 3, page 3, line 16, by deleting:
“model program of education” and inserting “policy”.
Amend sec. 3, page 3, by deleting lines 18 through 26 and inserting:
“3. On or before September 1 of each year, submit a report to the Superintendent of Public
Instruction that includes a description of each violation of NRS 388.135 occurring in the
Amendment No. 585 to Assembly Bill No. 202. Page 2
immediately preceding school year that resulted in personnel action against an employee or
suspension or expulsion of a pupil, if any.”.
Amend sec. 4, page 3, by deleting lines 30 through 37 and inserting:
“2. On or before October 1 of each year, submit the written compilation to the Attorney
General.”.
Amend sec. 5, page 3, by deleting lines 39 through 42 and inserting:
“interfere with or prevent the disclosure of”.
Amend sec. 5, page 4, by deleting lines 1 through 13 and inserting:
“2. As used in this section, “school official” means:”.
Amend sec. 5, page 4, line 14, by deleting “(1)” and inserting “(a)”.
Amend sec. 5, page 4, line 16, by deleting “(2)” and inserting “(b)”.
Amend sec. 6, page 4, by deleting lines 19 and 20 and inserting:
“NRS 388.135 unless the person who made the report acted with malice,”.
Amend the bill as a whole by renumbering section 8 as section 9 and adding a new section
designated sec. 8, following sec. 7, to read as follows:
“Sec. 8. NRS 388.132 is hereby amended to read as follows:
388.132 The Legislature declares that:
1. A learning environment that is safe and respectful is essential for the pupils enrolled in the
public schools in this State to achieve academic success and meet this State’s high academic
standards;
2. Any form of harassment or intimidation in public schools seriously interferes with the ability
of teachers to teach in the classroom and the ability of pupils to learn;
Amendment No. 585 to Assembly Bill No. 202. Page 3
3. The intended goal of the Legislature is to ensure that:
(a) The public schools in this State provide a safe and respectful learning environment in which
persons of differing beliefs, characteristics and backgrounds can realize their full academic and
personal potential; [and]
(b) All administrators, principals, teachers and other personnel of the school districts and public
schools in this State demonstrate appropriate behavior on the premises of any public school by
treating other persons, including, without limitation, pupils, with civility and respect and by refusing
to tolerate harassment or intimidation; and
(c) All persons in public schools are entitled to maintain their own beliefs and to respectfully
disagree without resorting to violence, harassment or intimidation; and
4. By declaring its goal that the public schools in this State provide a safe and respectful learning
environment, the Legislature is not advocating or requiring the acceptance of differing beliefs in a
manner that would inhibit the freedom of expression, but is requiring that pupils with differing
beliefs be free from abuse and harassment.”.
Amend the bill as a whole by deleting sec. 9.
Amend sec. 10, page 5, line 17, after “act.” by inserting:
“In prescribing the policy, the Department shall consider policies currently in use in school districts
in this State.”.
Amend sec. 11, page 5, line 24, by deleting:
“5, 6, 7” and inserting:
“5 to 8, inclusive,”.
Amend sec. 11, page 5, line 29, by deleting “4, 8” and inserting “4”.
Amendment No. 585 to Assembly Bill No. 202. Page 4
If this amendment is adopted, the Legislative
Counsel’s Digest will be changed to read as follows:
Legislative Counsel’s Digest:
Existing law includes a declaration by the Legislature that a safe and respectful learning
environment is essential for pupils in public schools. (NRS 388.132) Existing law prohibits a
member of the board of trustees of a school district, an employee of a school district or a pupil from
engaging in harassment or intimidation on the premises of any public school, at an activity
sponsored by a public school or on a school bus. (NRS 388.135)
This bill requires the Department of Education to adopt a policy for all school districts and public
schools to provide a safe and respectful learning environment. The policy must include requirements
and methods for reporting harassment or intimidation, as well as a policy for training school
personnel.
This bill requires each school district to adopt the policy prescribed by the Department or to adopt
an expanded policy that complies with the Department’s policy. Each school district must provide
training to school personnel in accordance with the policy.
This bill prohibits a member of the board of trustees of a school district or an employee of a
school district from using his official authority or influence to interfere with or prevent the
disclosure of harassment or intimidation. In addition, this bill limits the authority of a person to bring
a cause of action against a pupil, school employee or school volunteer who reports harassment or
intimidation.










Assembly Bill No. 202–Assemblymen Parks, Hardy, Parnell, Pierce,
Horne, Smith, Anderson, Arberry Jr., Atkinson, Buckley,
Claborn, Conklin, Gerhardt, Giunchigliani, Grady, Hogan,
Kirkpatrick, Koivisto, Leslie, Manendo, McClain, Munford,
Oceguera, Perkins and Sherer
Joint Sponsors: Senators Carlton and Titus
CHAPTER..........
AN ACT relating to education; requiring the Department of
Education to prescribe a policy for public schools to provide
a safe and respectful learning environment; prohibiting a
school official from interfering with or preventing the
disclosure of information concerning harassment or
intimidation in public schools; providing that certain causes
of action may not be brought against a pupil or an employee
or volunteer of a school who reports an incident of
harassment or intimidation; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law includes a declaration by the Legislature that a safe and respectful
learning environment is essential for pupils in public schools. (NRS 388.132)
Existing law prohibits a member of the board of trustees of a school district, an
employee of a school district or a pupil from engaging in harassment or
intimidation on the premises of any public school, at an activity sponsored by a
public school or on a school bus. (NRS 388.135)
This bill requires the Department of Education to adopt a policy for all school
districts and public schools to provide a safe and respectful learning environment.
The policy must include requirements and methods for reporting harassment or
intimidation, as well as a policy for training school personnel.
This bill requires each school district to adopt the policy prescribed by the
Department or to adopt an expanded policy that complies with the Department’s
policy. Each school district must provide training to school personnel in accordance
with the policy.
This bill prohibits a member of the board of trustees of a school district or an
employee of a school district from using his official authority or influence to
interfere with or prevent the disclosure of harassment or intimidation. In addition,
this bill limits the authority of a person to bring a cause of action against a pupil,
school employee or school volunteer who reports harassment or intimidation.
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
thereto the provisions set forth as sections 2 to 6, inclusive, of this
act.
Sec. 2. 1. The Department shall, in consultation with the
boards of trustees of school districts, educational personnel, local
associations and organizations of parents whose children are
enrolled in public schools throughout this State, and individual
– 2 –
parents and legal guardians whose children are enrolled in public
schools throughout this State, prescribe by regulation a policy for
all school districts and public schools to provide a safe and
respectful learning environment that is free of harassment and
intimidation.
2. The policy must include, without limitation:
(a) Requirements and methods for reporting violations of NRS
388.135; and
(b) A policy for use by school districts to train administrators,
principals, teachers and all other personnel employed by the board
of trustees of a school district. The policy must include, without
limitation:
(1) Training in the appropriate methods to facilitate
positive human relations among pupils without the use of
harassment and intimidation so that pupils may realize their full
academic and personal potential;
(2) Methods to improve the school environment in a
manner that will facilitate positive human relations among pupils;
and
(3) Methods to teach skills to pupils so that the pupils are
able to replace inappropriate behavior with positive behavior.
Sec. 3. The board of trustees of each school district shall:
1. Adopt the policy prescribed by the Department pursuant to
section 2 of this act. The board of trustees may adopt an expanded
policy if the expanded policy complies with the policy prescribed
by the Department.
2. Provide for the appropriate training of all administrators,
principals, teachers and all other personnel employed by the board
of trustees in accordance with the policy prescribed by the
Department pursuant to section 2 of this act.
3. On or before September 1 of each year, submit a report to
the Superintendent of Public Instruction that includes a
description of each violation of NRS 388.135 occurring in the
immediately preceding school year that resulted in personnel
action against an employee or suspension or expulsion of a pupil,
if any.
Sec. 4. The Superintendent of Public Instruction shall:
1. Compile the reports submitted pursuant to section 3 of this
act and prepare a written report of the compilation.
2. On or before October 1 of each year, submit the written
compilation to the Attorney General.
Sec. 5. 1. A school official shall not directly or indirectly
interfere with or prevent the disclosure of information concerning
a violation of NRS 388.135.
2. As used in this section, “school official” means:
(a) A member of the board of trustees of a school district; or
– 3 –
(b) A licensed or unlicensed employee of a school district.
Sec. 6. No cause of action may be brought against a pupil or
an employee or volunteer of a school who reports a violation of
NRS 388.135 unless the person who made the report acted with
malice, intentional misconduct, gross negligence, or intentional or
knowing violation of the law.
Sec. 7. NRS 388.121 is hereby amended to read as follows:
388.121 As used in NRS 388.121 to 388.139, inclusive, and
sections 2 to 6, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in NRS 388.125 and 388.129
have the meanings ascribed to them in those sections.
Sec. 8. NRS 388.132 is hereby amended to read as follows:
388.132 The Legislature declares that:
1. A learning environment that is safe and respectful is
essential for the pupils enrolled in the public schools in this State to
achieve academic success and meet this State’s high academic
standards;
2. Any form of harassment or intimidation in public schools
seriously interferes with the ability of teachers to teach in the
classroom and the ability of pupils to learn;
3. The intended goal of the Legislature is to ensure that:
(a) The public schools in this State provide a safe and respectful
learning environment in which persons of differing beliefs,
characteristics and backgrounds can realize their full academic and
personal potential; [and]
(b) All administrators, principals, teachers and other personnel
of the school districts and public schools in this State demonstrate
appropriate behavior on the premises of any public school by
treating other persons, including, without limitation, pupils, with
civility and respect and by refusing to tolerate harassment or
intimidation; and
(c) All persons in public schools are entitled to maintain their
own beliefs and to respectfully disagree without resorting to
violence, harassment or intimidation; and
4. By declaring its goal that the public schools in this State
provide a safe and respectful learning environment, the Legislature
is not advocating or requiring the acceptance of differing beliefs in a
manner that would inhibit the freedom of expression, but is
requiring that pupils with differing beliefs be free from abuse and
harassment.
Sec. 9. NRS 388.139 is hereby amended to read as follows:
388.139 Each school district shall include the text of the
provisions of NRS 388.125 to 388.135, inclusive, and the policy
adopted by the board of trustees of the school district pursuant to
section 3 of this act under the heading “Harassment and
Intimidation Is Prohibited in Public Schools,” within each copy of
– 4 –
the rules of behavior for pupils that the school district provides to
pupils pursuant to NRS 392.463.
Sec. 10. 1. On or before January 1, 2006, the Department of
Education shall prescribe a policy for all school districts and public
schools to provide a safe and respectful learning environment
pursuant to section 2 of this act. In prescribing the policy, the
Department shall consider policies currently in use in school
districts in this State.
2. On or before July 1, 2006, the board of trustees of each
school district shall adopt the policy prescribed by the Department
of Education, or an expanded policy, to provide a safe and respectful
learning environment pursuant to section 3 of this act. The board of
trustees of each school district shall ensure that the policy is
effective commencing with the 2006-2007 school year.
Sec. 11. 1. This section and sections 1, 2, 5 to 8, inclusive,
and 10 of this act become effective on July 1, 2005.
2. Section 3 of this act becomes effective on July 1, 2005, for
the purpose of adopting policies and on July 1, 2006, for all other
purposes.
3. Sections 4 and 9 of this act become effective on July 1,
2006.
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