Existing law requires the board of trustees of each school district to establish a plan to provide for the restorative discipline of pupils, developed: (1) in accordance with the statewide framework for restorative justice developed by the Department of Education; and (2) with input from certain school personnel and the parents and guardians of pupils. (NRS 392.4644) Existing law: (1) to the extent that money is available, requires the Department to develop a statewide framework for restorative justice; and (2) sets forth requirements for that framework. (NRS 388.1333) Section 5 of this bill removes the requirement to establish such a plan, instead requiring that 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 establish a plan of progressive discipline. Section 5 also requires such entities to include within such a plan: (1) disciplinary practices based on restorative justice; (2) methods of alternative conflict resolution and interventions based on social and emotional learning; and (3) provisions for the placement of a pupil in a more restrictive educational environment at the school or at a different school. Sections 1 and 2 of this bill make conforming changes relating to the removal of this requirement. Section 2.5 of this bill: (1) requires the Department to develop the statewide framework for restorative justice regardless of funding; and (2) requires the framework developed by the Department to include certain training on school climate for teachers, administrators and other school staff. Existing law requires, in general, that a public school provide a plan of action based on restorative justice before removing a pupil from a classroom or the premises of the school or suspending or expelling the pupil. Existing law requires the Department to develop one or more examples of such a plan of action, with certain required elements. (NRS 392.472) Section 9 of this bill requires a public school to instead provide a progressive discipline plan based on restorative justice: (1) to a pupil who has been suspended for at least 5 cumulative days during a school year; and (2) within 2 days after removing a pupil. Section 9 additionally requires an example of a progressive discipline plan developed by the Department to include certain determinations concerning an individualized education program. Further, section 9 requires the plan to be made available to certain personnel. Sections 3 and 4 of this bill provide similar requirements concerning the provision of progressive discipline plans based on restorative justice for charter schools and university schools for profoundly gifted pupils. Existing law requires a public school to offer certain education services to a pupil who is removed from a classroom or the premises of a public school for more than 2 days. (NRS 392.4645) Section 5.5 of this bill requires the public school to, on or before August 1 of each year, develop or review and revise a plan to offer such services to, without limitation, pupils who are less than 11 years of age and requires the plan to include: (1) an option to provide such services in an in-person setting; (2) the location of such services; and (3) a plan for the pupil to complete certain assignments. Section 5.5 requires each public school to, on or before August 1 of each year, submit such a plan to: (1) the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable; (2) the State Board of Education; and (3) the Joint Interim Standing Committee on Education. Section 5.5 also requires each school district to, on or before August 1 of each year, collect a representative sample of the plans developed and submit a copy of the sampled plans to the: (1) Joint Interim Standing Committee on Education; (2) Department of Education; and (3) State Board. Section 1 requires the plan developed pursuant to section 5.5 to be included in the annual report of accountability for the quality of schools and the educational achievement of pupils. Existing law authorizes, under certain circumstances, the suspension, expulsion or permanent expulsion of a pupil who attends a public school, charter school or university school for profoundly gifted pupils and who is at least 11 years of age. (NRS 388A.495, 388C.150, 392.466, 392.467) Existing law further provides that a pupil who is less than 11 years of age may be suspended, expelled or permanently expelled by the public school in which the pupil is enrolled if such a punishment is approved by the board of trustees of the school district. (NRS 392.466) Section 7 of this bill provides for the suspension, expulsion or permanent expulsion of certain pupils who are at least 11 years of age. Section 7: (1) provides that pupils who are less than 11 years of age may, following review and approval by certain school officials, be suspended in certain situations; and (2) prohibits, in general, the expulsion or permanent expulsion of a pupil who is less than 11 years of age. Sections 3 and 4 apply these provisions to the discipline of certain pupils in charter schools and university schools for profoundly gifted pupils, respectively. Under existing law, a public school is prohibited, in general, from permanently expelling a pupil who is less than 11 years of age, except for certain situations in which such a punishment is authorized by the board of trustees of a school district. (NRS 392.466, 392.467) Section 8 of this bill additionally prohibits a public school, in general, from expelling such a pupil. Section 7 provides that, for a pupil who sells or distributes a controlled substance in certain situations or commits a battery other than a battery intended to result in the bodily injury of an employee of the school in various school settings: (1) the pupil may be suspended if he or she is less than 11 years of age and may also be expelled or permanently expelled if he or she is at least 11 years of age; (2) the suspension of a pupil who is less than 6 years of age must be reviewed by the superintendent of the school district or his or her designee; and (3) if the removal is of a pupil with a disability, such removal must comply with federal law. Additionally, section 7 provides that, for a pupil who commits a battery which is intended to result in the bodily injury of an employee of the school: (1) the pupil shall be suspended or expelled if he or she is at least 8 years of age; (2) the suspension of a pupil who is less than 6 years of age must be reviewed and approved by the superintendent of the school district or his or her designee; and (3) if the removal is of a pupil with a disability, such removal must comply with federal law. Finally section 7 provides that a pupil who is found in possession of a firearm at a public school or an activity or school bus of a public school: (1) shall be suspended, expelled or permanently expelled if he or she is at least 11 years of age; (2) shall be suspended or expelled if he or she is at least 8 but less than 11 years of age; (3) may be suspended if he or she is at least 6 but less than 8 years of age; (4) may be suspended if he or she is less than 6 years of age upon review and approval by the superintendent of the school district or his or her designee; and (5) if the pupil is a pupil with a disability, any removal of the pupil must comply with federal law. Sections 3 and 4 apply similar provisions to charter schools and university schools for profoundly gifted pupils, respectively. Existing law provides the process for the principal of a school to deem a pupil a habitual disciplinary problem. (NRS 392.4655) Existing law additionally provides the process by which, after a principal determines a pupil is not a habitual disciplinary problem, a teacher may appeal the decision to the board of trustees of the school district. Section 6 of this bill provides that a pupil must be at least 11 years of age to be deemed a habitual disciplinary problem. Section 6 additionally requires that the pupil be deemed a habitual disciplinary problem if the school has written evidence showing that the pupil did not make efforts to enter into or participate in a plan of behavior. Section 6 revises the persons to whom a pupil or legal guardian of a pupil may appeal a determination that the pupil is a habitual disciplinary problem. Existing law requires, in general, that the principal of a school deem a pupil a habitual disciplinary problem following a determination that homelessness is not the cause of the behavior of the pupil. (NRS 392.4655) Existing law also requires that, to suspend or expel a pupil in certain situations, a determination be made that the behavior of a pupil is not caused by homelessness or being in foster care. (NRS 392.466, 392.467) Section 6 removes the requirement that a principal presume the behavior of a pupil is due to homelessness unless evidence indicates otherwise. Additionally, section 6 requires that, before deeming a pupil to be a habitual disciplinary problem, a determination be made that: (1) homelessness is not a factor in the behavior of the pupil; and (2) the placement of the pupil in foster care is not a factor in his or her behavior. Similar requirements are prescribed by sections 7 and 8. Existing law requires each public school to collect data on the discipline of pupils. (NRS 392.462) Section 4.5 of this bill requires such data collection to occur quarterly. Section 4.5 also requires the data collection to include data on: (1) the implementation of a plan for progressive discipline; (2) the training that teachers and administrators have received regarding the plan; (3) the number of staff positions in the school that are vacant; (4) the average class size for each grade in the school; and (5) the ratio of pupils to school counselors, psychologists and social workers. Section 4.5 additionally requires the principal of each school to, before August 1 of each year, report the data to: (1) the board of trustees of the school district; (2) the Joint Interim Standing Committee on Education; (3) the Superintendent of Public Instruction; and (4) the Department of Education. Existing law requires the Department to include in the statewide system of accountability for public schools data to recognize public schools that reduce the frequency of suspension, expulsion or removal of pupils from school. (NRS 385A.605) Section 1.5 of this bill requires certain data collected pursuant to section 4.5 to be included in the statewide system of accountability.

Statutes affected:
As Introduced: 385A.250, 388.133, 388A.495, 388C.150, 392.4644, 392.4655, 392.466, 392.467, 392.472
Reprint 1: 385A.250, 388.133, 388.1333, 388A.495, 388C.150, 392.462, 392.4644, 392.4645, 392.4655, 392.466, 392.467, 392.472
Reprint 2: 385A.250, 385A.605, 388.133, 388.1333, 388A.495, 388C.150, 392.462, 392.4644, 392.4645, 392.4655, 392.466, 392.467, 392.472
Reprint 3: 385A.250, 385A.605, 388.133, 388.1333, 388A.495, 388C.150, 392.462, 392.4644, 392.4645, 392.4655, 392.466, 392.467, 392.472
As Enrolled: 385A.250, 385A.605, 388.133, 388.1333, 388A.495, 388C.150, 392.462, 392.4644, 392.4645, 392.4655, 392.466, 392.467, 392.472
BDR: 385A.250, 388.133, 388A.495, 388C.150, 392.4644, 392.4655, 392.466, 392.467, 392.472