Nevada § 388.1351 - Staff member required to report violation to administrator; required actions and investigation; notification to parent or guardian; written report of findings and conclusions of investigation; follow-up with victim; list of resources to be provided to parent or guardian; appeal of disciplinary action; reassignment of pupil who is victim; reports

§ 388.1351. Staff member required to report violation to administrator; required actions and investigation; notification to parent or guardian; written report of findings and conclusions of investigation; follow-up with victim; list of resources to be provided to parent or guardian; appeal of disciplinary action; reassignment of pupil who is victim; reports

1. Except as otherwise provided in NRS 388.13535 , a teacher, administrator, 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 report required

by subsection 1, the administrator or designee shall immediately 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 investigation 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. 3. The investigation conducted pursuant to subsection 2 must include, without limitation: (a) Except as otherwise provided in subsection 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 on

race, bullying or cyber-bullying, as applicable, either as a reported aggressor or

a reported victim of the discrimination 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 meet 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

after 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 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 violation, 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 who must be notified pursuant to paragraph (a) of subsection 3 as part

of the investigation; and (b) Any action taken after the completion 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 necessary, 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 occurred, 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 victim 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 as 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 employee 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 disciplinary 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 of discrimination

based on race, bullying or cyber-bullying may request that the board of trustees of

the school district in which the 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, in consultation with

the parent or guardian of the pupil, assign the pupil to a different school. 12. 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. 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. 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.