A.B. 217
- *AB217*
ASSEMBLY BILL NO. 217–ASSEMBLYMEMBER GONZÁLEZ
PREFILED FEBRUARY 3, 2025
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Referred to Committee on Education
SUMMARY—Revises provisions relating to law enforcement on
school property. (BDR 34-201)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to education; prohibiting school districts, public
schools and their employees from providing permission to
access school district facilities to certain federal officials
investigating or enforcing immigration laws; prohibiting
school districts, public schools and their employees from
providing information concerning pupils to certain
federal, state or local officials investigating or enforcing
immigration laws; prohibiting a school police officer or
employee of certain school districts from using a chemical
agent or electronic stun device against pupils or minors in
certain settings; requiring certain entities to prepare and
submit a report to the board of trustees of a school district
after such prohibited instruments are used; requiring the
board of trustees of the school district to conduct an
investigation and make certain determinations after
receiving such a report; providing penalties; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Attorney General to publish model policies for 1
limiting, to the fullest extent possible and consistent with any applicable law, 2
immigration enforcement at certain public places, including public schools. (NRS 3
228.208) Section 1 of this bill prohibits a school district, public school or any 4
employee of a school district or public school, except pursuant to a lawful court 5
order or warrant, from providing a United States Immigration and Customs 6
Enforcement officer, or other federal official engaging in the investigation or 7
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enforcement of immigration laws: (1) permission to access the grounds, buildings 8
or facilities of a school district or public school; or (2) the education records of or 9
information about a pupil or the family or household of a pupil. Section 1 10
additionally applies the prohibition on the provision of the education records of or 11
information about a pupil or the family or household of a pupil to a state or local 12
law enforcement officer engaged in the investigation or enforcement of 13
immigration laws. Section 1 makes a violation of this prohibition punishable as a 14
misdemeanor. 15
Existing law authorizes: (1) the board of trustees of a school district to employ, 16
appoint or contract for the provision of school police officers; and (2) the governing 17
body of a charter school to contract with the board of trustees of the school district 18
in which the charter school is located to provide school police officers. (NRS 19
388A.384, 391.281) Section 2 of this bill makes it a misdemeanor for a school 20
police officer or employee of a school district in a county whose population is 21
700,000 or more (currently only Clark County) to use a chemical agent or 22
electronic stun device on a pupil or minor while: (1) on or in school grounds, 23
property, buildings or any other school district facilities; (2) on or in the grounds, 24
property, buildings or any other facilities in which a charter school is located, if the 25
board of trustees of the school district has entered into a contract with the charter 26
school for the provision of school police officers; or (3) at activities or events 27
sponsored by the school district or charter school that are not located on school 28
property. Section 2 additionally requires that, if a school police officer or employee 29
of a school district uses or orders the use of a chemical agent or electronic stun 30
device against a pupil or minor, the school in which he or she is assigned or the 31
metropolitan police department or sheriff’s office that is his or her employer, as 32
applicable, must prepare and submit a report to the board of trustees of the school 33
district in which the incident occurred. Section 2 further requires: (1) certain 34
information to be included in the report; (2) the board of trustees of the school 35
district to conduct an independent investigation of the incident; (3) the board of 36
trustees of the school district to determine whether the incident was justified; and 37
(4) the board of trustees of the school district to determine whether to change 38
certain policies and procedures of the school district or make recommendations for 39
the adoption or modification of certain policies to the metropolitan police 40
department or sheriff’s department. 41
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 a new section to read as follows: 2
1. A school district or public school, and any employee of a 3
school district or public school, shall not grant a United States 4
Immigration and Customs Enforcement officer, or other federal 5
official engaging in the investigation or enforcement of 6
immigration laws, permission to access the grounds, buildings or 7
facilities of a school district or public school without a lawful 8
order or warrant issued by a court of competent jurisdiction. 9
2. A school district or public school, and any employee of a 10
school district or public school, shall not disclose or provide in 11
writing, verbally or in any other manner, the education records of 12
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or any information about a pupil, or the family or household of a 1
pupil, to a United States Immigration and Customs Enforcement 2
officer or other federal official, or a state or local law enforcement 3
officer, engaging in the investigation or enforcement of 4
immigration laws, except pursuant to a lawful order or warrant 5
issued by a court of competent jurisdiction. 6
3. Any person who knowingly and willfully violates the 7
provisions of this section is guilty of a misdemeanor. 8
4. As used in this section, “public school” includes, without 9
limitation, a charter school or university school for profoundly 10
gifted pupils. 11
Sec. 2. Chapter 391 of NRS is hereby amended by adding 12
thereto a new section to read as follows: 13
1. A school police officer or employee of a school district in a 14
county whose population is 700,000 or more shall not use a 15
chemical agent or electronic stun device against any pupil or 16
minor while: 17
(a) On or in school grounds, property, buildings or any other 18
school district facilities; 19
(b) If the board of trustees has entered into a contract with a 20
charter school for the provision of school police officers pursuant 21
to NRS 388A.384, on or in the grounds, property, buildings or any 22
other facilities in which the charter school is located; or 23
(c) At activities or events sponsored by the school district or 24
charter school that are in a location other than the school 25
grounds, property, buildings or facilities within the school district 26
or charter school. 27
2. If a school police officer or employee of a school district in 28
a county whose population is 700,000 or more uses or orders the 29
use of a chemical agent or electronic stun device against a pupil or 30
minor in a manner prohibited by subsection 1, the school in which 31
he or she is assigned or, if the board of trustees of the school 32
district has contracted with a metropolitan police department 33
created pursuant to chapter 280 of NRS or with the sheriff of that 34
county for the provision of school police officers, the metropolitan 35
police department or sheriff’s office that employs the school police 36
officer must prepare and submit a report to the school district in 37
which the incident occurred describing: 38
(a) Measures that the school police officer or employee of a 39
school district took before the incident occurred to reduce the 40
probability for disorder and disruption; and 41
(b) Actions taken before the incident occurred to de-escalate or 42
stabilize the situation to avoid using a chemical agent or electronic 43
stun device against a pupil or minor. 44
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3. The board of trustees of a school district that receives a 1
report prepared pursuant to subsection 2 shall: 2
(a) Review the report; 3
(b) Conduct an independent investigation of the incident; and 4
(c) Determine whether: 5
(1) The measures or actions described in the report were 6
consistent with any policies or procedures of the school district 7
regarding de-escalation or the use of force; 8
(2) The use of the chemical agent or electronic stun device 9
was justified; and 10
(3) To revise the policies and procedures of the school 11
district regarding de-escalation and the use of force or, if the 12
school district contracts with a metropolitan police department 13
created pursuant to chapter 280 of NRS or with the sheriff of that 14
county for the provision of school police officers, make 15
recommendations to the metropolitan police department or sheriff 16
for the modification or adoption of policies and training 17
procedures to prevent future violations of subsection 1. 18
4. Any person who violates the provisions of subsection 1 is 19
guilty of a misdemeanor. 20
5. As used in this section: 21
(a) “Chemical agent” means any chemical which can rapidly 22
produce sensory irritation or disabling physical effects in humans, 23
which disappear within a short time following termination of 24
exposure. The term includes, without limitation, items commonly 25
referred to as tear gas, pepper spray, pepper balls and oleoresin 26
capsicum. 27
(b) “Electronic stun device” means a device that: 28
(1) Emits an electrical charge or current that is transmitted 29
by projectile, physical contact or other means; and 30
(2) Is designed to disable a person or animal temporarily or 31
permanently. 32
(c) “School police officer” includes a peace officer who is 33
employed by a metropolitan police department created pursuant to 34
chapter 280 of NRS or a sheriff’s office that has contracted with a 35
school district to provide police services in public schools pursuant 36
to NRS 391.281. 37
Sec. 3. This act becomes effective on July 1, 2025. 38
H