Existing law establishes the process for the principal of a school to determine that a pupil who is 11 years of age or older and enrolled in the school is a habitual disciplinary problem. (NRS 392.4655) Under existing law, if a pupil who is 11 years of age or older is deemed a habitual disciplinary problem and the school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil, the principal is generally authorized to suspend the pupil, or under extraordinary circumstances, expel the pupil from the school. (NRS 392.466) Existing law provides that before a pupil who is homeless or in foster care may be determined to be a habitual disciplinary problem, the principal is required to consult with certain persons. (NRS 392.4655) Section 1.5 of this bill requires the principal to conduct a meeting with those persons rather than consult with those persons. Section 1.5 also requires such a meeting concerning a pupil who is in foster care to additionally include the educational decision maker appointed for the pupil by a court under existing law. (NRS 432B.462) Existing law requires that, to suspend from school a pupil who is homeless or has been placed in foster care for not more than 5 days, a determination must be made, after consultation with certain persons, that homelessness or being in foster care was not a factor in the behavior of the pupil. Under existing law, the person responsible for making such a determination is required to presume that homelessness or being in foster care was not a factor in the behavior and make the determination in consultation with certain persons. (NRS 392.466, 392.467) Sections 2 and 3 of this bill authorize a principal to suspend a homeless pupil or a pupil in foster care for 5 days or less without consideration of whether being homeless or being in foster care was a factor in the behavior of the pupil and to consider such factors when the pupil is suspended for more than 5 days. As soon as practicable and not later than the 10th school day after the pupil is suspended, sections 2 and 3 require the principal to consider whether the behavior was caused by or had a substantial relationship to the pupil being in foster care or being homeless during a meeting with certain persons who have an interest in the education of the pupil. If during such a meeting it is determined that the conduct was caused by or had a substantial relationship to the pupil being in foster care or being homeless, sections 2 and 3 additionally require the principal to either: (1) end the period of suspension and provide the pupil with behavioral and academic support; or (2) assign the pupil to a temporary alternative placement for not more than 45 school days if the pupil is a habitual disciplinary problem or the behavior that led to the suspension consisted of, while at school or a school activity, possessing a dangerous weapon or firearm, engaging in certain actions relating to controlled substances or committing a battery intended to cause bodily injury. Section 1 of this bill authorizes a principal to continue the temporary alternative placement of such a pupil for more than 45 days if the principal determines that the continued temporary placement is necessary for the safety of the pupil or others. Section 1 requires the principal to make such a determination after holding a meeting with the local educational agency liaison for homeless pupils or educational decision maker of the pupil and a contact person at the school. If the principal makes such a determination, section 1 additionally requires the principal to provide targeted intervention to the pupil and notify the educational decision maker appointed for the pupil concerning the right to an evaluation to determine if the pupil is eligible for special education and related services. Additionally, section 1 requires the principal to hold a meeting to create a plan for the transition of the pupil from the temporary alternative placement if the pupil is assigned to a temporary alternative placement for more than 21 days. Sections 1.5-3 additionally require that the school have been given notice that the pupil is homeless or in foster care before the school is required to perform the tasks set forth in those sections.

Statutes affected:
As Introduced: 392.4655, 392.466, 392.467
Reprint 1: 392.4645, 392.4655, 392.466, 392.467
Reprint 2: 392.4645, 392.4655, 392.466, 392.467
As Enrolled: 392.4645, 392.4655, 392.466, 392.467
BDR: 392.4655, 392.466, 392.467