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 various 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 required 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 other 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 based 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 the 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 that 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 perpetrator 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 assigned to a new school as a result of the violation.

Statutes affected:
As Introduced: 388.1351
Reprint 1: 388.1351
As Enrolled: 388.1351
BDR: 388.1351