AB465 - Revises provisions relating to education. (BDR 34-927)

(Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT A.B. 465 - *AB465_R1* ASSEMBLY BILL NO. 465–ASSEMBLYMEMBER MILLER MARCH 17, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to education. (BDR 34-927) 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; creating immunity from civil liability for a school district, charter school or institution within the Nevada System of Higher Education for certain actions that constitute harassment if the school district, charter school or institution establishes, publishes and enforces a policy containing certain provisions; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law creates county school districts as political subdivisions of this 1 State and provides that each school district has the power to be sued. (NRS 2 386.010) Existing law also establishes provisions relating to the handling of power- 3 based violence at institutions within the Nevada System of Higher Education. (NRS 4 396.125-396.1595) Section 16 of this bill: (1) makes a school district or charter 5 school immune from civil liability for incidents of harassment by pupils or staff if it 6 demonstrates that it established, adequately published and enforced certain policies, 7 procedures and training concerning harassment; and (2) requires such a policy to 8 include certain provisions. Section 29 of this bill sets forth similar provisions for 9 institutions within the System. 10 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 to 18, inclusive, of this 2 act. 3 Sec. 2. (Deleted by amendment.) 4 Sec. 3. (Deleted by amendment.) 5 – 2 – - *AB465_R1* Sec. 4. (Deleted by amendment.) 1 Sec. 5. (Deleted by amendment.) 2 Sec. 6. (Deleted by amendment.) 3 Sec. 7. (Deleted by amendment.) 4 Sec. 8. (Deleted by amendment.) 5 Sec. 9. (Deleted by amendment.) 6 Sec. 10. (Deleted by amendment.) 7 Sec. 11. (Deleted by amendment.) 8 Sec. 12. (Deleted by amendment.) 9 Sec. 13. (Deleted by amendment.) 10 Sec. 14. (Deleted by amendment.) 11 Sec. 15. (Deleted by amendment.) 12 Sec. 16. 1. A school district or charter school is immune 13 from civil liability for any incident of harassment by a pupil, 14 employee or contractor of the school district or charter school if 15 the school district or charter school demonstrates that it 16 established, adequately published and enforced a comprehensive 17 policy to prevent harassment that includes, without limitation: 18 (a) Protocols that describe specific measures that must be 19 adhered to in responding to a complaint of an alleged incident of 20 harassment by a pupil or staff member; 21 (b) Procedures to address a complaint of an alleged incident of 22 harassment without exposing the complainant to further harm or 23 to unreasonable effort or expense; 24 (c) Regardless of whether the complainant requests an 25 investigation, a plan to deliver supportive measures to a 26 complainant not later than 3 days after receiving the complaint of 27 an alleged incident of harassment; and 28 (d) Any corrective action that is necessary, appropriate, 29 delivered promptly and designed to, for an alleged incident of 30 harassment: 31 (1) Stop any such incident; 32 (2) Prevent the recurrence of any such incident; and 33 (3) Remedy the effects of any such incident. 34 2. As used in this section, “supportive measures” includes, 35 without limitation: 36 (a) Adjusting the schedule of courses of a pupil; 37 (b) Providing a pupil with accommodations for assignments 38 and examinations; 39 (c) Complying with a court order prohibiting contact; 40 (d) Providing counseling services; 41 (e) Adjusting participation in school activities or the duties of 42 an employee or contractor; 43 (f) Providing a list of providers of counseling or legal services 44 in the community; 45 – 3 – - *AB465_R1* (g) Regardless of any requirements concerning the attendance 1 or grade point average of a pupil, preserving the ability of the 2 pupil to serve in leadership positions and participate in activities 3 and educational programs; 4 (h) As appropriate, excusing any absences of a pupil or 5 providing a leave of absence to an employee or contractor; and 6 (i) Increasing the monitoring or supervision of locations or 7 during activities where an incident of harassment is alleged to 8 have occurred. 9 Sec. 17. (Deleted by amendment.) 10 Sec. 18. (Deleted by amendment.) 11 Sec. 19. Chapter 396 of NRS is hereby amended by adding 12 thereto the provisions set forth as sections 20 to 30, inclusive, of this 13 act. 14 Sec. 20. (Deleted by amendment.) 15 Sec. 21. (Deleted by amendment.) 16 Sec. 22. (Deleted by amendment.) 17 Sec. 23. (Deleted by amendment.) 18 Sec. 24. (Deleted by amendment.) 19 Sec. 25. (Deleted by amendment.) 20 Sec. 26. (Deleted by amendment.) 21 Sec. 27. (Deleted by amendment.) 22 Sec. 28. (Deleted by amendment.) 23 Sec. 29. 1. An institution within the System is immune 24 from civil liability for any incident of harassment by a student, 25 employee or contractor of the institution if the institution 26 demonstrates that it established, adequately published and 27 enforced a comprehensive policy to prevent harassment that 28 includes, without limitation: 29 (a) Protocols that describe specific measures that must be 30 adhered to in responding to a complaint of an alleged incident of 31 harassment by a student or staff member; 32 (b) Procedures to address a complaint of an alleged incident of 33 harassment without exposing the complainant to further harm or 34 to unreasonable effort or expense; 35 (c) Regardless of whether the complainant requests an 36 investigation, a plan to deliver supportive measures to a 37 complainant not later than 3 days after receiving the complaint of 38 an alleged incident of harassment; and 39 (d) Any corrective action that is necessary, appropriate, 40 delivered promptly and designed to, for an alleged incident of 41 harassment: 42 (1) Stop any such incident; 43 (2) Prevent the recurrence of any such incident; and 44 (3) Remedy the effects of any such incident. 45 – 4 – - *AB465_R1* 2. As used in this section, “supportive measures” includes, 1 without limitation: 2 (a) Adjusting the schedule of courses of a student; 3 (b) Providing a student with accommodations for assignments 4 and examinations; 5 (c) Complying with a court order prohibiting contact; 6 (d) Providing counseling services; 7 (e) Adjusting participation in school activities or the duties of 8 an employee or contractor; 9 (f) Providing a list of providers of counseling or legal services 10 in the community; 11 (g) Regardless of any requirements concerning the attendance 12 or grade point average of a student, preserving the ability of the 13 student to serve in leadership positions and participate in activities 14 and educational programs; 15 (h) As appropriate, excusing any absences of a student or 16 providing a leave of absence to an employee or contractor; and 17 (i) Increasing the monitoring or supervision of locations or 18 during activities where an incident of harassment is alleged to 19 have occurred. 20 Sec. 30. (Deleted by amendment.) 21 Sec. 31. (Deleted by amendment.) 22 Sec. 32. (Deleted by amendment.) 23 Sec. 33. (Deleted by amendment.) 24 Sec. 34. (Deleted by amendment.) 25 Sec. 35. (Deleted by amendment.) 26 Sec. 36. (Deleted by amendment.) 27 Sec. 37. (Deleted by amendment.) 28 Sec. 38. (Deleted by amendment.) 29 Sec. 39. (Deleted by amendment.) 30 Sec. 40. (Deleted by amendment.) 31 Sec. 41. (Deleted by amendment.) 32 Sec. 42. This act becomes effective on July 1, 2025. 33 H