Nevada SB 166: Establishes a pilot program to survey pupils enrolled in public schools concerning the use and abuse of tobacco, alcohol, prescription drugs and controlled substances. (BDR S-795)

Bill Text

S.B. 166
- *SB166*

SENATE BILL NO. 166–SENATOR FARLEY

PREFILED FEBRUARY 13, 2017
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Referred to Committee on Education

SUMMARY—Establishes a program to survey pupils enrolled in
public schools concerning the use and abuse of
alcohol and drugs. (BDR 34-795)

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.

CONTAINS UNFUNDED MANDATE (§ 1)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to education; requiring the Department of
Education to establish a program to survey pupils enrolled
in public schools concerning the use and abuse of alcohol
and drugs; prescribing the requirements for such a survey;
authorizing the Department to contract with a qualified
person or entity to administer the program; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing federal and state law requires a public school to obtain the written 1
consent of a pupil who is an adult or emancipated minor or the parent or guardian 2
of a pupil who is an unemancipated minor before requiring the pupil to participate 3
in any survey designed to elicit certain potentially sensitive information. (20 U.S.C. 4
§ 1232h; NRS 392.029) This bill requires the Department of Education to establish 5
a program to survey certain pupils enrolled in public middle schools, junior high 6
schools and high schools concerning the use and abuse of alcohol and drugs. This 7
bill prescribes the requirements for such a survey and authorizes the Department to 8
contract with a qualified person or entity to administer the program. This bill also 9
requires the Department to: (1) select certain school districts or schools in which 10
surveys will be administered; (2) aggregate the data collected and make the data 11
available to those school districts or schools; and (3) annually submit a report that 12
summarizes the data collected for the immediately preceding school year. 13

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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 392 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. The Department shall establish and administer a program 3
to conduct an annual survey of pupils enrolled in public middle 4
schools, junior high schools and high schools in this State 5
concerning the use and abuse of alcohol and drugs by adolescents. 6
The identity of any pupil to whom a survey is administered must 7
remain anonymous. 8
2. A survey administered pursuant to this section must be 9
administered electronically and must be designed to: 10
(a) Elicit information concerning: 11
(1) The attitude of pupils regarding the use and abuse of 12
alcohol and drugs; 13
(2) The motivations of pupils in abstaining from the use of 14
alcohol and drugs or engaging in the use and abuse of alcohol or 15
drugs; and 16
(3) The perceptions of pupils relating to the risks associated 17
with the use and abuse of alcohol and drugs; and 18
(b) Tailor the questions posed to each pupil based upon his or 19
her previous answers. 20
3. Each school year, the Department shall provide to the 21
parent or guardian of each pupil to whom it wishes to administer a 22
survey pursuant to this section a form that allows the parent or 23
guardian to refuse or revoke consent to participate in the survey 24
by the pupil. The principal of each public school must also make 25
the form available to the parent or guardian of a pupil upon 26
request. 27
4. At any time: 28
(a) The parent or guardian of a pupil who is an 29
unemancipated minor may refuse to allow the administration of a 30
survey pursuant to this section by submitting a revocation or 31
refusal to the Department. 32
(b) A pupil may refuse to participate in a survey administered 33
pursuant to this section. 34
5. The Department may administer a survey described in this 35
section or allow such a survey to be administered to a pupil who is 36
an unemancipated minor without the consent of the parent or 37
guardian of the pupil if: 38
(a) The information is elicited in a manner that allows the 39
pupil to remain anonymous; 40
(b) The pupil has not refused to participate in the survey; and 41

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(c) The parent or guardian of the pupil has not submitted the 1
form described in this section to refuse or revoke consent to the 2
survey. 3
6. The Department shall select at random the school districts 4
or schools in which each survey will be administered. A school 5
district or school selected by the Department shall administer the 6
survey. 7
7. A school district or school not selected to participate in a 8
survey may request that the survey be administered in the school 9
district or school. The Department shall grant such a request to 10
the extent that money is available for that purpose. 11
8. The Department may