Nevada § 388.077 - Right of pupils to constitutional expression; limitation; adoption of policy for pupil publications; resolution of complaint by pupil of violation of right

§ 388.077. Right of pupils to constitutional expression; limitation; adoption of policy for pupil publications; resolution of complaint by pupil of violation of right

1. Each pupil of a public school, including, without limitation, each pupil of a university

school for profoundly gifted pupils, is entitled to express himself or herself in

a manner consistent with the rights guaranteed by the First and Fourteenth Amendments

to the United States Constitution. 2. Any expression described in subsection 1 must not be disruptive of instruction

at a public school, including, without limitation, a university school for profoundly

gifted pupils, must not be used to engage in discrimination based on race, bullying

or cyber-bullying or intimidate any person and must not be organized, broadcast or

endorsed by a public school, including, without limitation, a university school for

profoundly gifted pupils. 3. The board of trustees of each school district, the governing body of each charter

school and the governing body of each university school for profoundly gifted pupils

shall adopt a written policy for pupil publications which: (a) Establishes reasonable provisions governing the time, place and manner for the

distribution of pupil publications; (b) Protects the right of expression described in subsection 1 for pupils working

on pupil publications as journalists in their determination of the news, opinions,

feature content, advertising content and other content of the pupil publications; (c) Prohibits, without limitation, the following: (1) Restricting the publication of any content in pupil publications unless the content

would substantially disrupt the ability of the public school to perform its educational

mission; (2) Dismissing, suspending, disciplining or retaliating against an employee or other

person acting as an adviser for a pupil publication or as an adviser for pupils working

as journalists on a pupil publication for acting within the scope of that position,

including, without limitation, taking responsible and appropriate action to protect

a pupil engaged in conduct protected pursuant to the written policy or refusing to

perform an action which violates the written policy; and (3) Expelling, suspending or otherwise disciplining a pupil for engaging in conduct

in accordance with the policy, unless such conduct substantially disrupts the ability

of the public school to perform its educational mission and the disruption was intentional;

and (d) Includes a disclaimer indicating that any content published in a pupil publication

is not endorsed by the public school. 4. The board of trustees of each school district, the governing body of each charter

school and the governing body of each university school for profoundly gifted pupils

shall adopt a policy prescribing procedures for the resolution of a complaint by a

pupil of the school district, charter school or university school for profoundly gifted

pupils that the rights of the pupil described in subsection 1 or 3 have been violated. The policy required by this subsection may be part of a comprehensive discrimination

grievance policy of the school district, charter school or university school for profoundly

gifted pupils or may be a separate policy. 5. As used in this section: (a) “ Bullying ” has the meaning ascribed to it in NRS 388.122 . (b) “ Cyber-bullying ” has the meaning ascribed to it in NRS 388.123 . (c) “ Discrimination based on race ” has the meaning ascribed to it in NRS 388.1235 .