Existing law establishes certain provisions relating to the behavior and discipline of pupils. (NRS 392.4601-392.472) Sections 2 and 3 of this bill apply these provisions to charter schools and university schools for profoundly gifted pupils. Section 3.3 of this bill establishes: (1) requirements for proper notification to a pupil and the parent or legal guardian of the pupil, if the pupil is less than 18 years of age, of the policy to appeal a suspension or expulsion; (2) a 5-day timeline for a pupil or, if the pupil is less than 18 years of age, the parent or guardian of the pupil to appeal the suspension or expulsion; (3) a 5-day timeline for a hearing to be scheduled upon receipt of such an appeal; (4) the method for determining whether a pupil who is suspended or expelled or is being considered for suspension or expulsion may be considered for temporary alternative placement; and (5) that education services are required to be provided to the pupil to prevent the pupil from losing academic credit or being disengaged from school during the period the pupil is suspended or expelled. Sections 3.5 and 3.7 of this bill make conforming changes to indicate the proper placement of section 3.3 in the Nevada Revised Statutes. Under existing law, the board of trustees of each school district is required to establish a plan to provide for the restorative discipline of pupils, which must be developed with the input of certain school personnel and the parents and guardians of pupils. (NRS 392.4644) Existing law also requires each public school to collect and submit data on the discipline of pupils and categorize such data by various subgroups of pupils. (NRS 392.462) Section 4 of this bill requires that the data be reported to the superintendent of the school district or to the administrative head of a charter school. Section 6 also requires the Superintendent of Public Instruction to review data on the disproportionality of punishments and provide a corrective period for any deficient schools to make progress in addressing any disproportionalities or any insufficiency in such data. Existing law requires a plan to provide for the restorative discipline of pupils to provide for the temporary removal of a pupil from a classroom or other premises of a public school under certain circumstances. (NRS 392.4645) Section 7 instead authorizes the temporary removal of a pupil from a classroom or other premises of a public school under such circumstances, and section 6 requires a plan to provide for the restorative discipline of pupils to include provisions for such a temporary removal. Existing law requires that a pupil who has been removed from the classroom or other premises of a public school must have a conference within 3 days after removal, with certain exceptions. If such a conference is not held within 3 days, the pupil is required to be allowed to return to the classroom or other premises, with certain exceptions. (NRS 392.4646) Section 8 of this bill removes the requirement if, in the judgment of the principal, the pupil continues to pose a threat and the superintendent has authorized an extension of the removal. Existing law provides certain requirements concerning the determination that a pupil is deemed a habitual disciplinary problem. (NRS 392.4655) Section 9 of this bill revises the persons to whom a pupil or parent or legal guardian of a pupil may appeal such a determination. 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 10 of this bill provides for the suspension, expulsion or permanent expulsion of certain pupils who are at least 11 years of age. Section 10: (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. 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 10 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 10 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 10 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 10 and 11 of this bill: (1) prohibit the permanent expulsion of a pupil who is less than 6 years of age; and (2) authorize a homeless pupil or a pupil in foster care of any age to be suspended or expelled for not more than 5 days if the principal determines that the conduct of the pupil poses an ongoing threat. Existing law provides that a pupil may not be suspended or expelled unless the pupil is given the opportunity for a hearing. (NRS 392.467) Section 11 removes the hearing requirement before suspension or expulsion for certain pupils who: (1) pose a danger to other persons or property; (2) threaten to disrupt the academic process; (3) are selling or distributing a controlled substance; or (4) are in possession of a firearm or other dangerous weapon. Existing law provides certain requirements concerning the process for appealing a suspension or expulsion. (NRS 392.4671) Section 12 of this bill makes these requirements applicable to significant suspensions, expulsions or permanent expulsions. Existing law requires that, with certain exceptions, a public school must provide a plan of action based on restorative justice to a pupil before removing, suspending or expelling the pupil. (NRS 392.472) Section 13 of this bill allows a pupil to be temporarily removed in certain circumstances without first providing such a plan. Section 13.5 of this bill amends Assembly Bill No. 285 to resolve a conflict.

Statutes affected:
As Introduced: 388.133, 388A.495, 388C.150, 392.462, 392.4634, 392.4644, 392.4645, 392.4646, 392.4655, 392.466, 392.467, 392.4671, 392.472, 388.1333
Reprint 1: 388.133, 388A.495, 388C.150, 392.4601, 392.4609, 392.462, 392.4634, 392.4644, 392.4645, 392.4646, 392.4655, 392.466, 392.467, 392.4671, 392.472
Reprint 2: 388.133, 388A.495, 388C.150, 392.4601, 392.4609, 392.462, 392.4634, 392.4644, 392.4645, 392.4646, 392.4655, 392.466, 392.467, 392.4671, 392.472
As Enrolled: 388.133, 388A.495, 388C.150, 392.4601, 392.4609, 392.462, 392.4634, 392.4644, 392.4645, 392.4646, 392.4655, 392.466, 392.467, 392.4671, 392.472
BDR: 388.133, 388A.495, 388C.150, 392.462, 392.4634, 392.4644, 392.4645, 392.4646, 392.4655, 392.466, 392.467, 392.4671, 392.472, 388.1333