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 pupil shall be deemed suspended from school if the school in which

1-4 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 deem a pupil enrolled in the school a habitual disciplinary problem if

2-1 the school [in which the pupil is enrolled] has written evidence which

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

2-3 [1.] (a) The pupil has threatened or extorted, or attempted to threaten or

2-4 extort, another pupil or a teacher or other personnel employed by the

2-5 school;

2-6 [2.] (b) The pupil has been suspended for initiating at least two fights on

2-7 school property [;] , at an activity sponsored by a public school, on a

2-8 school bus or, if the fight occurs within 1 hour of the beginning or end of

2-9 a school day, on his way to or from school; or

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

2-11 any reason.

2-12 2. At least one teacher of a pupil who is enrolled in elementary

2-13 school and at least two teachers of a pupil who is enrolled in junior high,

2-14 middle school or high school may request that the principal of the school

2-15 deem a pupil a habitual disciplinary problem. Upon such a request, the

2-16 principal of the school shall meet with each teacher who made the

2-17 request to review the pupil’s record of discipline. If, after the review, the

2-18 principal of the school determines that the provisions of subsection 1 do

2-19 not apply to the pupil, a teacher who submitted a request pursuant to this

2-20 subsection may appeal that determination to the board of trustees of the

2-21 school district. Upon receipt of such a request, the board of trustees shall

2-22 review the initial request and determination pursuant to the procedure

2-23 established by the board of trustees for such matters.

2-24 3. If a pupil is suspended for initiating a fight described in paragraph

2-25 (b) of subsection 1 and the fight is the first such fight that the pupil has

2-26 initiated during that school year, or if a pupil receives one suspension on

2-27 his record, the school in which the pupil is enrolled shall provide written

2-28 notice to the parent or legal guardian of the pupil that contains:

2-29 (a) A description of the acts committed by the pupil and the dates on

2-30 which those acts were committed;

2-31 (b) An explanation that if the pupil is suspended for initiating one

2-32 additional fight or if the pupil receives five suspensions on his record

2-33 during the current school year, he will be deemed a habitual disciplinary

2-34 problem;

2-35 (c) An explanation that, pursuant to subsection 3 of NRS 392.466, a

2-36 pupil who is deemed a habitual disciplinary problem must be suspended

2-37 or expelled from school for a period equal to at least one school semester;

2-38 (d) If the pupil has a disability and is participating in a program of

2-39 special education pursuant to NRS 388.520, an explanation of the effect

2-40 of subsection 6 of NRS 392.466, including, without limitation, that if it is

2-41 determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior

2-42 is not a manifestation of his disability, he may be suspended or expelled

2-43 from school in the same manner as a pupil without a disability; and

3-1 (e) If applicable, a summary of the provisions of subsection 4.

3-2 A school shall provide the notice required by this subsection for each

3-3 suspension on the record of a pupil during a school year. A school may

3-4 include the notice required by this subsection with notice that is otherwise

3-5 provided to the parent or legal guardian of a pupil which informs the

3-6 parent or legal guardian of the act committed by the pupil.

3-7 4. If a pupil is suspended for initiating a fight described in paragraph

3-8 (b) of subsection 1 and the fight is the first such fight that the pupil has

3-9 initiated during that school year, or if a pupil receives four suspensions

3-10 on his record within 1 school year, the school in which the pupil is

3-11 enrolled may develop, in consultation with the pupil and the parent or

3-12 legal guardian of the pupil, a plan of behavior for the pupil. Such a plan

3-13 must be designed to prevent the pupil from being deemed a habitual

3-14 disciplinary problem and may include, without limitation, a voluntary

3-15 agreement by:

3-16 (a) The parent or legal guardian to attend school with his child.

3-17 (b) The pupil and his parent or legal guardian to attend counseling,

3-18 programs or services available in the school district or community.

3-19 (c) The pupil and his parent or legal guardian that the pupil will attend

3-20 summer school, intersession school or school on Saturday, if any of those

3-21 alternatives are offered by the school district.

3-22 If the pupil commits the same act for which notice was provided pursuant

3-23 to subsection 3 after he enters into a plan of behavior, the pupil shall be

3-24 deemed a habitual disciplinary problem.

3-25 5. If a pupil commits an act the commission of which qualifies him to

3-26 be deemed a habitual disciplinary problem pursuant to subsection 1, the

3-27 school shall provide written notice to the parent or legal guardian of the

3-28 pupil that contains:

3-29 (a) A description of the qualifying act and any previous such acts

3-30 committed by the pupil and the dates on which those acts were committed;

3-31 (b) An explanation that pursuant to subsection 3 of NRS 392.466, a

3-32 pupil who is a habitual disciplinary problem must be suspended or

3-33 expelled from school for a period equal to at least one school semester;

3-34 (c) If the pupil has a disability and is participating in a program of

3-35 special education pursuant to NRS 388.520, an explanation of the effect

3-36 of subsection 6 of NRS 392.466, including, without limitation, that if it is

3-37 determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior

3-38 is not a manifestation of his disability, he may be suspended or expelled

3-39 from school in the same manner as a pupil without a disability; and

3-40 (d) If applicable, a summary of the provisions of subsection 6.

3-41 The school shall provide the notice at least 7 days before the school deems

3-42 the pupil a habitual disciplinary problem. A school may include the notice

4-1 required by this subsection with notice that is otherwise provided to the

4-2 parent or legal guardian of a pupil which informs the parent or legal

4-3 guardian of the act committed by the pupil.

4-4 6. Before a school deems a pupil a habitual disciplinary problem and

4-5 suspends or expels the pupil, the school may develop, in consultation with

4-6 the pupil and the parent or legal guardian of the pupil, a plan of behavior

4-7 for the pupil. Such a plan must be designed to prevent the pupil from

4-8 being deemed a habitual disciplinary problem and may include, without

4-9 limitation, a voluntary agreement by:

4-10 (a) The parent or legal guardian to attend school with his child.

4-11 (b) The pupil and his parent or legal guardian to attend counseling,

4-12 programs or services available in the school district or community.

4-13 (c) The pupil and his parent or legal guardian that the pupil will attend

4-14 summer school, intersession school or school on Saturday, if any of those

4-15 alternatives are offered by the school district.

4-16 If the pupil violates the conditions of the plan or commits the same act for

4-17 which notice was provided pursuant to subsection 5 after he enters into a

4-18 plan of behavior, the pupil shall be deemed a habitual disciplinary

4-19 problem.

4-20 7. A pupil may, pursuant to the provisions of this section, enter into

4-21 one contract of behavior per school year.

4-22 8. The parent or legal guardian of a pupil who has entered into a

4-23 plan of behavior with a school pursuant to this section may appeal to the

4-24 board of trustees of the school district a determination made by the school

4-25 concerning the contents of the plan of behavior or action taken by the

4-26 school pursuant to the plan of behavior. Upon receipt of such a request,

4-27 the board of trustees of the school district shall review the determination

4-28 in accordance with the procedure established by the board of trustees for

4-29 such matters.

4-30 Sec. 3. NRS 392.466 is hereby amended to read as follows:

4-31 392.466 1. Except as otherwise provided in this section, any pupil

4-42 to NRS 392.070.

5-1 2. Except as otherwise provided in this section, any pupil who is found

5-2 in possession of a firearm while on the premises of any public school, at an

5-3 activity sponsored by a public school or on any school bus must, for the first

5-4 occurrence, be expelled from the school for a period of not less than 1 year,

5-5 although he may be placed in another kind of school for a period not to

5-6 exceed the period of the expulsion. For a second occurrence, the pupil must:

5-7 (a) Be permanently expelled from the school; and

5-8 (b) Receive equivalent instruction authorized by the state board pursuant

5-9 to NRS 392.070.

5-10 The superintendent of schools of a school district may, in a particular case

5-11 in that school district, allow an exception to the expulsion requirement of

5-12 this subsection.

5-13 3. Except as otherwise provided in this section, [any pupil who is] if a

5-14 pupil is deemed a habitual disciplinary problem [as set forth in] pursuant to

5-15 NRS 392.4655 , the pupil must be suspended or expelled from the school

5-16 for a period equal to at least one semester for that school. For the period of

5-17 his suspension or expulsion, the pupil must receive equivalent instruction

5-18 authorized by the state board pursuant to NRS 392.070.

5-19 4. This section does not prohibit a pupil from having in his possession a

5-20 knife or firearm with the approval of the principal of the school. A principal

5-21 may grant such approval only in accordance with the policies or regulations

5-22 adopted by the board of trustees of the school district.

5-23 5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been

5-24 found to have possessed a firearm in violation of subsection 2, may be

5-25 suspended from school or permanently expelled from school pursuant to this

5-26 section only after the board of trustees of the school district has reviewed

5-27 the circumstances and approved this action in accordance with the

5-28 procedural policy adopted by the board for such issues.

5-29 6. A pupil who is participating in a program of special education

5-30 pursuant to NRS 388.520, other than a pupil who is gifted and talented,

5-31 may, in accordance with the procedural policy adopted by the board of

5-32 trustees of the school district for such matters, be:

5-33 (a) Suspended from school pursuant to this section for not more than 10

5-34 days. Such a suspension may be imposed pursuant to this paragraph for each

5-35 occurrence of conduct proscribed by subsection 1.

5-36 (b) Suspended from school for more than 10 days or permanently

5-37 expelled from school pursuant to this section only after the board of trustees

5-38 of the school district has reviewed the circumstances and determined that

5-39 the action is in compliance with the Individuals with Disabilities Education

5-40 Act , [(] 20 U.S.C. §§ 1400 et seq. [).]

5-41 7. As used in this section:

5-42 (a) "Battery" has the meaning ascribed to it in paragraph (a) of

5-43 subsection 1 of NRS 200.481.

6-1 (b) "Dangerous weapon" includes, without limitation, a blackjack, slung

6-2 shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku,

6-3 switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or

6-4 any other knife described in NRS 202.350, or any other object which is

6-5 used, or threatened to be used, in such a manner and under such

6-6 circumstances as to pose a threat of, or cause, bodily injury to a person.

6-7 (c) "Firearm" includes, without limitation, any pistol, revolver, shotgun,

6-8 explosive substance or device, and any other item included within the

6-9 definition of a "firearm" in 18 U.S.C. § 921, as that section existed on
6-10 July 1, 1995.

6-11 Sec. 4. This act becomes effective on July 1, 1999.