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Nevada Youth Legislature selects BDR 3 to create state-guided school policy for suspected student drug and tobacco use

Nevada Youth Legislature · November 20, 2024
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Summary

The Nevada Youth Legislature voted to advance BDR 3, a youth-sponsored measure directing the State Board of Education to adopt a model policy for schools to follow when staff suspect a pupil is using drugs, tobacco or similar substances. The body also approved three enhancements including counselor/trusted-adult inclusion, evidence-based screening, and annual stat tracking.

The Nevada Youth Legislature voted to adopt BDR 3 as its bill to present to the 2025 Legislature, selecting a youth-drafted policy that would require the State Board of Education to develop a model procedure for schools when staff observe behavior consistent with drug or tobacco use.

Youth Legislator Eutelsha McCarthy, sponsor of BDR 3, said the draft was amended from a mandatory-reporting scheme to a mandated school policy so teachers would have a standard process without being exposed to criminal or civil liability. “Changing it to a mandated policy at all schools means that the same procedures…are in place, but teachers are not, by law, required to use it,” McCarthy said in her presentation.

McCarthy described a recent classroom incident and cited national and state statistics to underscore the issue, drawing on CDC figures and local reporting. “With trend increases like that, there's a huge need for more proactive solutions to drug use,” she said.

Deputy Superintendent Kristin McGill of the Nevada Department of Education testified that the proposed four steps—administrator notification of parents, a school report, resources for the family, and a follow-up meeting—are consistent with practices used in many districts. McGill recommended aligning the draft with evidence-based systems such as multi-tiered systems of support and suggested considering a universal mental-health screener as a broad first step.

Defense attorneys from the Clark County Public Defender’s Office welcomed the change away from mandatory reporting. “I think if y'all take Deputy Superintendent McGill's suggestions, I think this bill could become quite a powerful bill that can make a difference,” John Puro said.

Witnesses from public safety and first-responder groups urged practical supports and early intervention. Ryan Tyler of Clark County Firefighters Local 1908 said his department responded to thousands of overdose-related calls last year and described the operational benefits of earlier information and family engagement.

The body debated implementation details including training expectations, how schools would avoid creating school-to-prison pathways, how data would be handled, and whether follow-up meetings should be mandatory. After a structured recommendation process, the Nevada Youth Legislature voted to include three enhancements in the NYL draft language: (1) add counselors or trusted adults to the list of personnel who may participate in outreach/meetings, (2) add evidence-based screening as an additional option for identifying concerns, and (3) require schools to generate annual stat reports to help evaluate the law's efficacy.

By roll-call the body selected BDR 3 over BDR 6; the chair designated Youth Legislator McCarthy as the contact person for legal-division questions during drafting. The Youth Legislature will receive a draft bill from the Legal Division and will reconvene in January 2025 to review and finalize language.

The NYL indicated the process intends to prioritize supportive, school-based intervention and to preserve parental notification while minimizing automatic law-enforcement involvement. The final legislative text and any fiscal impacts will be determined during the drafting process and subsequent NYL review in January.