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- 83rd Session (2025)
Assembly Bill No. 48–Committee on Education
CHAPTER..........
AN ACT relating to education; requiring a school administrator or
his or her designee to conduct an initial screening and
assessment of a report of discrimination based on race,
bullying or cyber -bullying to determine whether to take
certain actions; authorizing the board of trustees of a school
district to assign a pupil who is a perpetrator of
discrimination based on race, bullying or cyber -bullying to
another school if his or her parent or guardian requests such
an assignment; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law: (1) prohibits discrimination based on race, bullying or cyber-
bullying on the premises of a school, at an activity sponsored by a school or on any
school bus; and (2) establishes vari ous provisions governing the protocol for
addressing violations of such prohibitions. (NRS 388.135 -388.137) Under existing
law, after such a violation is reported to an administrator or his or her designee, the
administrator or his or her designee is requi red to begin an investigation into the
reported violation. If the findings of such an investigation show that a violation
occurred, existing law requires the administrator or his or her designee to make
recommendations concerning disciplinary action or oth er measures to be imposed
against the pupil who was the perpetrator of the violation. Additionally, existing
law requires the board of trustees of a school district to assign a pupil who is a
victim of discrimination based on race, bullying or cyber-bullying to another school
in the district if his or her parent or guardian requests the assignment. (NRS
388.1351) Existing law additionally authorizes an administrator to recommend
disciplinary action against a person who submits a report of discrimination bas ed
on race, bullying or cyber -bullying that the administrator determines is false and
made with malice, intentional misconduct, gross negligence, or intentional or
knowing violation of the law. (NRS 388.137)
This bill requires the administrator or his or her designee upon receipt of a
report of discrimination based on race, bullying or cyber -bullying to, in accordance
with any procedures prescribed by the Department of Education for such purposes,
immediately screen and assess the report to determine whether based on the facts
included in the report such discrimination likely occurred. If the administrator or
designee determines that such discrimination has occurred, the administrator or
designee shall take the actions and begin th e investigation required in existing law.
If the administrator or designee determines that the facts included in the report do
not suggest that such discrimination has likely occurred, the administrator or
designee shall, unless such a person determines th at a report is false and submitted
in violation of the law, adhere to any policies prescribed by the Department for
handling such a report. This bill additionally: (1) authorizes the board of trustees of
a school district to assign a pupil who is a perpetr ator of discrimination based on
race, bullying or cyber-bullying to another school in the district at the request of his
or her parent or guardian; and (2) prohibits the victim and perpetrator from being
assigned to the same school if both pupils are assig ned to a new school as a result
of the violation.
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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. NRS 388.1351 is hereby amended to read as
follows:
388.1351 1. Except as otherwise provided in NRS
388.13535, a teacher, administra tor, coach or other staff member
who witnesses a violation of NRS 388.135 or receives information
that a violation of NRS 388.135 has occurred shall report the
violation to the administrator or his or her designee as soon as
practicable, but not later than a time during the same day on which
the teacher, administrator, coach or other staff member witnessed
the violation or received information regarding the occurrence of a
violation.
2. Except as otherwise provided in this subsection, upon
receiving a rep ort required by subsection 1, the administrator or
designee shall immediately , in accordance with any relevant
procedures prescribed by the Department for such purposes,
screen and assess the report to determine whether the facts
included in the report suggest that a violation of NRS 388.135 has
likely occurred. If the administrator or designee determines that:
(a) A violation of NRS 388.135 has likely occurred, the
administrator or designee shall take any necessary action to stop
the discrimination based on race, bullying or cyber -bullying and
ensure the safety and well-being of the reported victim or victims of
the discrimination based on race, bullying or cyber -bullying and
shall begin an investi gation into the report. If the administrator or
designee does not have access to the reported victim of the alleged
violation of NRS 388.135, the administrator or designee may wait
until the next school day when he or she has such access to take the
action required by this subsection.
(b) The facts included in the report do not suggest that a
violation of NRS 388.135 has likely occurred, the administrator or
designee shall adhere to any policies or procedures prescribed by
the Department for handling such a report.
3. The investigation conducted pursuant to paragraph (a) of
subsection 2 must include, without limitation:
(a) Except as otherwise provided in [subsection] subsections 2
and 4, notification provided by telephone, electronic mail or other
electronic means or provided in person, of the parents or guardians
of all pupils directly involved in the reported discrimination based
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on race, bullying or cyber -bullying, as applicable, either as a
reported aggressor or a reported victim of the discriminatio n based
on race, bullying or cyber -bullying. The notification must be
provided:
(1) If the discrimination based on race, bullying or cyber -
bullying is reported before the end of school hours on a school day,
before the school’s administrative office closes on the day on which
the discrimination based on race, bullying or cyber -bullying is
reported; or
(2) If the discrimination based on race, bullying or cyber -
bullying was reported on a day that is not a school day, or after
school hours on a school day, before the school’s administrative
office closes on the school day following the day on which the
discrimination based on race, bullying or cyber-bullying is reported.
(b) Interviews with all pupils whose parents or guardians must
be notified pursuant to paragraph (a) and with all such parents and
guardians.
4. If the contact information for the parent or guardian of a
pupil in the records of the school is not correct, a good faith effort to
notify the parent or guardian shall be deemed sufficient to me et the
requirement for notification pursuant to paragraph (a) of
subsection 3.
5. Except as otherwise provided in this subsection, an
investigation required by this section must be completed, to the
greatest extent practicable, within 5 school days afte r the
administrator or designee receives a report required by subsection 1.
If extenuating circumstances prevent the administrator or designee
from completing the investigation required by this section within 5
school days after making a good faith effort, 2 additional school
days may be used to complete the investigation.
6. An administrator or designee who conducts an investigation
required by this section shall complete a written report of the
findings and conclusions of the investigation. [If] Except as
otherwise provided in paragraph (b) of subsection 11, if a violation
is found to have occurred:
(a) The report must include recommendations concerning the
imposition of disciplinary action or other measures to be imposed as
a result of the viola tion, in accordance with the policy governing
disciplinary action adopted by the governing body. Subject to the
provisions of the Family Educational Rights and Privacy Act of
1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant
thereto, the report must be made available, not later than 24 hours
after the completion of the written report, to all parents or guardians
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who must be notified pursuant to paragraph (a) of subsection 3 as
part of the investigation; and
(b) Any action taken after the compl etion of the investigation to
address the discrimination based on race, bullying or cyber -bullying
must be based on restorative disciplinary practices and carried out in
a manner that causes the least possible disruption for the victim or
victims. When nec essary, the administrator or designee shall give
priority to ensuring the safety and well -being of the victim or
victims over any interest of the perpetrator or perpetrators when
determining the actions to take.
7. If a violation is found not to have occ urred, information
concerning the incident must not be included in the record of the
reported aggressor.
8. Not later than 10 school days after receiving a report
required by subsection 1, the administrator or designee shall meet
with each reported victi m of the discrimination based on race,
bullying or cyber -bullying to inquire about the well -being of the
reported victim and to ensure that the reported discrimination based
on race, bullying or cyber-bullying, as applicable, is not continuing.
9. To the extent that information is available, the administrator
or designee shall provide a list of any resources that may be
available in the community to assist a pupil to each parent or
guardian of a pupil to whom notice was provided pursuant to this
section a s soon as practicable. Such a list may include, without
limitation, resources available at no charge or at a reduced cost and
may be provided in person or by electronic or regular mail. If such a
list is provided, the administrator or designee, or any empl oyee of
the school or the school district is not responsible for providing such
resources to the pupil or ensuring the pupil receives such resources.
10. The parent or guardian of a pupil involved in the reported
violation of NRS 388.135 may appeal a dis ciplinary decision of the
administrator or designee, made against the pupil as a result of the
violation, in accordance with the policy governing disciplinary
action adopted by the governing body. Not later than 30 days after
receiving a response provided in accordance with such a policy, the
parent or guardian may submit a complaint to the Department. The
Department shall consider and respond to the complaint pursuant to
procedures and standards prescribed in regulations adopted by the
Department.
11. If a violation of NRS 388.135 is found to have occurred,
the parent or guardian of a pupil who is a victim or perpetrator of
discrimination based on race, bullying or cyber -bullying may
request that the board of trustees of the school district in which the
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pupil is enrolled [to] assign the pupil to a different school in the
school district. Upon receiving such a request, the board of trustees
[shall,] :
(a) Shall, if the pupil is a victim of discrimination based on
race, bullying or cyber -bullying, in consultation with the parent or
guardian of the pupil, assign the pupil to a different school [.] ; or
(b) May, if the pupil is a perpetrator of discrimination based
on race, bullying or cyber-bullying, in consultation with the parent
or guardian of the pupil, assign the pupil to a different school as a
component of the disciplinary action or other measures taken in
response to the violation.
12. If both the victim and perpetrator of a violation of NRS
388.135 are assigned to a different school pursuant to subsection
11, the perpetrator must not be assigned to the same school as the
victim.
13. A principal or his or her designee shall submit a monthly
report to the direct supervisor of the principal that includes for the
school the number of:
(a) Reports received pursuant to subsection 1 concerning
incidents of bullying or cyber-bullying;
(b) Reports received pursuant to subsection 1 concerning
incidents of discrimination based on race;
(c) Times in which a violation of NRS 388.135 is found to have
occurred; and
(d) Times in which no violation of NRS 388.135 is found to
have occurred.
[13.] 14. School hours and school days are determined for the
purposes of this section by the schedule established by the
governing body for the school.
[14.] 15. The provisions of this section must not be construed
to place any limit on the time within which an investigation
concerning any alleged act that constitutes sexual assault must be
completed.
Sec. 2. This act becomes effective on July 1, 2025.
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