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. Chapter 392 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 A school shall enter into the record of a pupil a suspension of the pupil

1-4 if the school in which the pupil is enrolled:

1-5 1. Prohibits the pupil from attending school for 3 or more

1-6 consecutive days; and

1-7 2. Requires a conference or some other form of communication with

1-8 the parent or legal guardian of the pupil before the pupil is allowed to

1-9 return to school.

1-10 Sec. 2. NRS 392.4655 is hereby amended to read as follows:

1-11 392.4655 [A pupil shall be deemed]

1-13 shall, upon the written request of at least one teacher of a pupil enrolled

2-1 in elementary school or at least two teachers of a pupil enrolled in junior

2-2 high, middle school or high school, deem the pupil a habitual disciplinary

2-3 problem if the school [in which the pupil is enrolled] has written evidence

2-4 which documents that in [one] 1 school year:

2-5 [1.] (a) The pupil has threatened or extorted, or attempted to threaten or

2-6 extort, another pupil or a teacher or other personnel employed by the

2-7 school;

2-8 [2.] (b) The pupil has been suspended for initiating at least two fights on

2-9 school property; or

2-10 [3.] (c) The pupil has a record of five suspensions from the school for

2-11 any reason.

2-12 2. If a pupil is suspended for initiating a fight on school property and

2-13 the fight is the first fight that the pupil has initiated on school property

2-14 during that school year, or if a pupil receives one suspension on his

2-15 record, the school in which the pupil is enrolled shall provide written

2-16 notice to the parent or legal guardian of the pupil that contains:

2-17 (a) A description of the acts committed by the pupil and the dates on

2-18 which those acts were committed;

2-19 (b) An explanation that if the pupil is suspended for initiating one

2-20 additional fight on school property or if the pupil receives five

2-21 suspensions on his record during the current school year, he will be

2-22 deemed a habitual disciplinary problem;

2-23 (c) An explanation that, pursuant to subsection 3 of NRS 392.466, a

2-24 pupil who is deemed a habitual disciplinary problem must be suspended

2-25 or expelled from school for a period equal to at least one school semester;

2-26 (d) If the pupil has a disability and is participating in a program of

2-27 special education pursuant to NRS 388.520, an explanation of the effect

2-28 of subsection 6 of NRS 392.466, including, without limitation, that if it is

2-29 determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior

2-30 is not a manifestation of his disability, he may be suspended or expelled

2-31 from school in the same manner as a pupil without a disability; and

2-32 (e) If applicable, a summary of the provisions of subsection 3.

2-33 A school shall provide the notice required by this subsection for each

2-34 suspension on the record of a pupil during a school year. A school may

2-35 include the notice required by this subsection with notice that is otherwise

2-36 provided to the parent or legal guardian of a pupil which informs the

2-37 parent or legal guardian of the act committed by the pupil.

2-38 3. If a pupil is suspended for initiating a fight on school property and

2-39 the fight is the first fight that the pupil has initiated on school property

2-40 during that school year, or if a pupil receives four suspensions on his

2-41 record within 1 school year, the school in which the pupil is enrolled may

2-42 develop, in consultation with the pupil and the parent or legal guardian of

3-1 the pupil, a contract of behavior for the pupil. Such a contract must be

3-2 designed to prevent the pupil from being deemed a habitual disciplinary

3-3 problem and may include, without limitation, a voluntary agreement by:

3-4 (a) The parent or legal guardian to attend school with his child.

3-5 (b) The pupil and his parent or legal guardian to attend counseling,

3-6 programs or services available in the school district or community.

3-7 (c) The pupil and his parent or legal guardian that the pupil will attend

3-8 summer school, intersession school or school on Saturday, if any of those

3-9 alternatives are offered by the school district.

3-10 If the pupil commits the same act for which notice was provided pursuant

3-11 to subsection 2 after he enters into a contract of behavior, the pupil shall

3-12 be deemed a habitual disciplinary problem.

3-13 4. If a pupil commits an act the commission of which qualifies him to

3-14 be deemed a habitual disciplinary problem pursuant to subsection 1, the

3-15 school shall provide written notice to the parent or legal guardian of the

3-16 pupil that contains:

3-17 (a) A description of the qualifying act and any previous such acts

3-18 committed by the pupil and the dates on which those acts were committed;

3-19 (b) An explanation that pursuant to subsection 3 of NRS 392.466, a

3-20 pupil who is a habitual disciplinary problem must be suspended or

3-21 expelled from school for a period equal to at least one school semester;

3-22 (c) If the pupil has a disability and is participating in a program of

3-23 special education pursuant to NRS 388.520, an explanation of the effect

3-24 of subsection 6 of NRS 392.466, including, without limitation, that if it is

3-25 determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior

3-26 is not a manifestation of his disability, he may be suspended or expelled

3-27 from school in the same manner as a pupil without a disability; and

3-28 (d) If applicable, a summary of the provisions of subsection 5.

3-29 The school shall provide the notice at least 7 days before the school deems

3-30 the pupil a habitual disciplinary problem. A school may include the notice

3-31 required by this subsection with notice that is otherwise provided to the

3-32 parent or legal guardian of a pupil which informs the parent or legal

3-33 guardian of the act committed by the pupil.

3-34 5. Before a school deems a pupil a habitual disciplinary problem and

3-35 suspends or expels the pupil, the school may develop, in consultation with

3-36 the pupil and the parent or legal guardian of the pupil, a contract of

3-37 behavior for the pupil. Such a contract must be designed to prevent the

3-38 pupil from being deemed a habitual disciplinary problem and may

3-39 include, without limitation, a voluntary agreement by:

3-40 (a) The parent or legal guardian to attend school with his child.

3-41 (b) The pupil and his parent or legal guardian to attend counseling,

3-42 programs or services available in the school district or community.

4-1 (c) The pupil and his parent or legal guardian that the pupil will attend

4-2 summer school, intersession school or school on Saturday, if any of those

4-3 alternatives are offered by the school district.

4-4 If the pupil violates the conditions of the contract or commits the same act

4-5 for which notice was provided pursuant to subsection 4 after he enters

4-6 into a contract of behavior, the pupil shall be deemed a habitual

4-7 disciplinary problem.

4-8 6. A pupil may, pursuant to the provisions of this section, enter into

4-9 one contract of behavior per school year.

4-10 Sec. 3. NRS 392.466 is hereby amended to read as follows:

4-11 392.466 1. Except as otherwise provided in this section, any pupil

4-42 knife or firearm with the approval of the principal of the school. A principal

5-1 may grant such approval only in accordance with the policies or regulations

5-2 adopted by the board of trustees of the school district.

5-3 5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been

5-4 found to have possessed a firearm in violation of subsection 2, may be

5-5 suspended from school or permanently expelled from school pursuant to this

5-6 section only after the board of trustees of the school district has reviewed

5-7 the circumstances and approved this action in accordance with the

5-8 procedural policy adopted by the board for such issues.

5-9 6. A pupil who is participating in a program of special education

5-10 pursuant to NRS 388.520, other than a pupil who is gifted and talented,

5-11 may, in accordance with the procedural policy adopted by the board of

5-12 trustees of the school district for such matters, be:

5-13 (a) Suspended from school pursuant to this section for not more than 10

5-14 days. Such a suspension may be imposed pursuant to this paragraph for each

5-15 occurrence of conduct proscribed by subsection 1.

5-16 (b) Suspended from school for more than 10 days or permanently

5-17 expelled from school pursuant to this section only after the board of trustees

5-18 of the school district has reviewed the circumstances and determined that

5-19 the action is in compliance with the Individuals with Disabilities Education

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

5-21 7. As used in this section:

5-22 (a) "Battery" has the meaning ascribed to it in paragraph (a) of

5-23 subsection 1 of NRS 200.481.

5-24 (b) "Dangerous weapon" includes, without limitation, a blackjack, slung

5-25 shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku,

5-26 switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or

5-27 any other knife described in NRS 202.350, or any other object which is

5-28 used, or threatened to be used, in such a manner and under such

5-29 circumstances as to pose a threat of, or cause, bodily injury to a person.

5-30 (c) "Firearm" includes, without limitation, any pistol, revolver, shotgun,

5-31 explosive substance or device, and any other item included within the

5-32 definition of a "firearm" in 18 U.S.C. § 921, as that section existed on July

5-33 1, 1995.

5-34 Sec. 4. This act becomes effective on July 1, 1999.