EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 392.4655 is hereby amended to read as follows:

1-2 392.4655 [A pupil shall be deemed]

1-13 any reason.

2-1 2. If a pupil is suspended for initiating a fight on school property and

2-2 the fight is the first fight that the pupil has initiated on school property

2-3 during that school year, or if a pupil receives four suspensions on his

2-4 record within 1 school year, the school in which the pupil is enrolled shall

2-5 provide written notice to the parent or legal guardian of the pupil that

2-6 contains:

2-7 (a) A description of the acts committed by the pupil and the dates on

2-8 which those acts were committed;

2-9 (b) An explanation that if the pupil commits the same act an additional

2-10 time during the current school year, he will be deemed a habitual

2-11 disciplinary problem;

2-12 (c) An explanation that, pursuant to subsection 3 of NRS 392.466, a

2-13 pupil who is deemed a habitual disciplinary problem must be suspended

2-14 or expelled from school for a period equal to at least one school semester;

2-15 (d) If the pupil has a disability and is participating in a program of

2-16 special education pursuant to NRS 388.520, an explanation of the effect

2-17 of subsection 6 of NRS 392.466, including, without limitation, that if it is

2-18 determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior

2-19 is not a manifestation of his disability, he may be suspended or expelled

2-20 from school in the same manner as a pupil without a disability; and

2-21 (e) If applicable, a summary of the provisions of subsection 3.

2-22 3. If a pupil is suspended for initiating a fight on school property and

2-23 the fight is the first fight that the pupil has initiated on school property

2-24 during that school year, or if a pupil receives four suspensions on his

2-25 record within 1 school year, the school in which the pupil is enrolled may

2-26 develop, in consultation with the pupil and the parent or legal guardian of

2-27 the pupil, a contract of behavior for the pupil. Such a contract must be

2-28 designed to prevent the pupil from being deemed a habitual disciplinary

2-29 problem and may include, without limitation, a voluntary agreement by:

2-30 (a) The parent or legal guardian to attend school with his child.

2-31 (b) The pupil and his parent or legal guardian to attend counseling,

2-32 programs or services available in the school district or community.

2-33 (c) The pupil and his parent or legal guardian to pay a contractual

2-34 penalty of $100 if they fail to abide by the conditions set forth in the

2-35 contract.

2-36 If the pupil commits the same act for which notice was provided pursuant

2-37 to subsection 2 after he enters into a contract of behavior, the pupil shall

2-38 be deemed a habitual disciplinary problem.

2-39 4. If a pupil commits an act the commission of which qualifies him to

2-40 be deemed a habitual disciplinary problem pursuant to subsection 1, the

2-41 school shall provide written notice to the parent or legal guardian of the

2-42 pupil that contains:

3-1 (a) A description of the qualifying act and any previous such acts

3-2 committed by the pupil and the dates on which those acts were committed;

3-3 (b) An explanation that pursuant to subsection 3 of NRS 392.466, a

3-4 pupil who is a habitual disciplinary problem must be suspended or

3-5 expelled from school for a period equal to at least one school semester;

3-6 (c) If the pupil has a disability and is participating in a program of

3-7 special education pursuant to NRS 388.520, an explanation of the effect

3-8 of subsection 6 of NRS 392.466, including, without limitation, that if it is

3-9 determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior

3-10 is not a manifestation of his disability, he may be suspended or expelled

3-11 from school in the same manner as a pupil without a disability; and

3-12 (d) If applicable, a summary of the provisions of subsection 5.

3-13 The school shall provide the notice at least 7 days before the school deems

3-14 the pupil a habitual disciplinary problem.

3-15 5. Before a school deems a pupil a habitual disciplinary problem and

3-16 suspends or expels the pupil, the school may develop, in consultation with

3-17 the pupil and the parent or legal guardian of the pupil, a contract of

3-18 behavior for the pupil. Such a contract must be designed to prevent the

3-19 pupil from being deemed a habitual disciplinary problem and may

3-20 include, without limitation, a voluntary agreement by:

3-21 (a) The parent or legal guardian to attend school with his child.

3-22 (b) The pupil and his parent or legal guardian to attend counseling,

3-23 programs or services available in the school district or community.

3-24 (c) The pupil and his parent or legal guardian to pay a contractual

3-25 penalty of $100 if they fail to abide by the conditions set forth in the

3-26 contract.

3-27 If the pupil violates the conditions of the contract or commits the same act

3-28 for which notice was provided pursuant to subsection 4 after he enters

3-29 into a contract of behavior, the pupil shall be deemed a habitual

3-30 disciplinary problem.

3-31 6. A pupil may, pursuant to the provisions of this section, enter into

3-32 one contract of behavior per school year.

3-33 7. If a school collects money for a contractual penalty pursuant to

3-34 subsection 3 or 5, the school shall cause the money to be deposited for use

3-35 in the programs, if any, of the county school district that are designed to

3-36 reduce the number of the pupils who are deemed habitual disciplinary

3-37 problems. If the county school district does not have such programs, the

3-38 school shall cause the money to be deposited for use by the advisory board

3-39 to review school attendance created in that county pursuant to NRS

3-40 392.126.

3-41 Sec. 2. NRS 392.466 is hereby amended to read as follows:

3-42 392.466 1. Except as otherwise provided in this section, any pupil

3-43 who commits a battery which results in the bodily injury of an employee of

4-1 the school, sells or distributes any controlled substance or is found in

4-2 possession of a dangerous weapon, while on the premises of any public

4-3 school, at an activity sponsored by a public school or on any school bus

4-4 must, for the first occurrence, be suspended or expelled from that school,

4-5 although he may be placed in another kind of school, for at least a period

4-6 equal to one semester for that school. For a second occurrence, the pupil

4-7 must:

4-8 (a) Be permanently expelled from that school; and

4-9 (b) Receive equivalent instruction authorized by the state board pursuant

4-10 to NRS 392.070.

4-11 2. Except as otherwise provided in this section, any pupil who is found

4-12 in possession of a firearm while on the premises of any public school, at an

4-13 activity sponsored by a public school or on any school bus must, for the

4-14 first occurrence, be expelled from the school for a period of not less than 1

4-15 year, although he may be placed in another kind of school for a period not

4-16 to exceed the period of the expulsion. For a second occurrence, the pupil

4-17 must:

4-18 (a) Be permanently expelled from the school; and

4-19 (b) Receive equivalent instruction authorized by the state board pursuant

4-20 to NRS 392.070.

4-21 The superintendent of schools of a school district may, in a particular case

4-22 in that school district, allow an exception to the expulsion requirement of

4-23 this subsection.

4-24 3. Except as otherwise provided in this section, [any pupil who is] if a

4-25 pupil is deemed a habitual disciplinary problem [as set forth in] pursuant

4-26 to NRS 392.4655 , the pupil must be suspended or expelled from the school

4-27 for a period equal to at least one semester for that school. For the period of

4-28 his suspension or expulsion, the pupil must receive equivalent instruction

4-29 authorized by the state board pursuant to NRS 392.070.

4-30 4. This section does not prohibit a pupil from having in his possession

4-31 a knife or firearm with the approval of the principal of the school. A

4-32 principal may grant such approval only in accordance with the policies or

4-33 regulations adopted by the board of trustees of the school district.

4-34 5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been

4-35 found to have possessed a firearm in violation of subsection 2, may be

4-36 suspended from school or permanently expelled from school pursuant to

4-37 this section only after the board of trustees of the school district has

4-38 reviewed the circumstances and approved this action in accordance with the

4-39 procedural policy adopted by the board for such issues.

4-40 6. A pupil who is participating in a program of special education

4-41 pursuant to NRS 388.520, other than a pupil who is gifted and talented,

4-42 may, in accordance with the procedural policy adopted by the board of

4-43 trustees of the school district for such matters, be:

5-1 (a) Suspended from school pursuant to this section for not more than 10

5-2 days. Such a suspension may be imposed pursuant to this paragraph for

5-3 each occurrence of conduct proscribed by subsection 1.

5-4 (b) Suspended from school for more than 10 days or permanently

5-5 expelled from school pursuant to this section only after the board of trustees

5-6 of the school district has reviewed the circumstances and determined that

5-7 the action is in compliance with the Individuals with Disabilities Education

5-8 Act , [(] 20 U.S.C. §§ 1400 et seq. [).]

5-9 7. As used in this section:

5-10 (a) "Battery" has the meaning ascribed to it in paragraph (a) of

5-11 subsection 1 of NRS 200.481.

5-12 (b) "Dangerous weapon" includes, without limitation, a blackjack, slung

5-13 shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku,

5-14 switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or

5-15 any other knife described in NRS 202.350, or any other object which is

5-16 used, or threatened to be used, in such a manner and under such

5-17 circumstances as to pose a threat of, or cause, bodily injury to a person.

5-18 (c) "Firearm" includes, without limitation, any pistol, revolver, shotgun,

5-19 explosive substance or device, and any other item included within the

5-20 definition of a "firearm" in 18 U.S.C. § 921, as that section existed on July

5-21 1, 1995.

5-22 Sec. 3. This act becomes effective on July 1, 1999.