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 386.585 is hereby amended to read as follows:

1-2 386.585 1. A governing body of a charter school shall adopt:

1-12 Such a hearing must be closed to the public.

2-1 3. A pupil who poses a continuing danger to persons or property or an

2-2 ongoing threat of disrupting the academic process or who is selling or

2-3 distributing any controlled substance or who is found to be in possession of

2-4 a dangerous weapon as provided in NRS 392.466 may be removed from

2-5 the charter school immediately upon being given an explanation of the

2-6 reasons for his removal and pending proceedings, which must be

2-7 conducted as soon as practicable after removal, for his suspension or

2-8 expulsion.

2-9 4. A pupil who is enrolled in a charter school and participating in a

2-10 program of special education pursuant to NRS 388.520, other than a pupil

2-11 who is gifted and talented, may, in accordance with the procedural policy

2-12 adopted by the governing body of the charter school for such matters, be:

2-13 (a) Suspended from the charter school pursuant to this section for not

2-14 more than 10 days.

2-15 (b) Suspended from the charter school for more than 10 days or

2-16 permanently expelled from school pursuant to this section only after the

2-17 [governing] :

2-18 (1) Pupil’s individualized education program team has conducted a

2-19 review in accordance with 20 U.S.C. § 1415(k) and determined that the

2-20 behavior of the pupil is not a manifestation of his disability. In

2-21 conducting the review, the individualized education program team shall

2-22 not presume that the behavior of the pupil is a manifestation of his

2-23 disability.

2-24 (2) Governing body has reviewed the circumstances and determined

2-25 that the action is in compliance with the Individuals with Disabilities

2-26 Education Act , [(] 20 U.S.C. §§ 1400 et seq. [).]

2-27 5. A copy of the rules of behavior, prescribed punishments and

2-28 procedures to be followed in imposing punishments must be:

2-29 (a) Distributed to each pupil at the beginning of the school year and to

2-30 each new pupil who enters school during the year.

2-31 (b) Available for public inspection at the charter school.

2-32 6. The governing body of a charter school may adopt rules relating to

2-33 the truancy of pupils who are enrolled in the charter school if the rules are

2-34 at least as restrictive as the provisions governing truancy set forth in NRS

2-35 392.130 to 392.220, inclusive. If a governing body adopts rules governing

2-36 truancy, it shall include the rules in the written rules adopted by the

2-37 governing body pursuant to subsection 1.

2-38 7. As used in this section, "individualized education program team"

2-39 has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

2-40 Sec. 2. NRS 388.090 is hereby amended to read as follows:

2-41 388.090 1. Except as otherwise permitted pursuant to this section,

2-43 of [180] 185 days of free school in the districts under their charge.

3-1 2. The superintendent of public instruction may, upon application by a

3-2 board of trustees, authorize a reduction of not more than 15 school days in

3-3 a particular district to establish or maintain a 12-month school program or

3-4 a program involving alternative scheduling, if the board of trustees

3-5 demonstrates that the proposed schedule for the program provides for a

3-6 greater number of minutes of instruction than would be provided under a

3-7 program consisting of [180] 185 school days. Before authorizing a

3-8 reduction in the number of required school days pursuant to this

3-9 subsection, the superintendent of public instruction must find that the

3-10 proposed schedule will be used to alleviate problems associated with a

3-11 growth in enrollment or overcrowding, or to establish and maintain a

3-12 program of alternative schooling.

3-13 3. The superintendent of public instruction may, upon application by a

3-14 board of trustees, authorize the addition of minutes of instruction to any

3-15 scheduled day of free school if days of free school are lost because of any

3-16 interscholastic activity. Not more than 5 days of free school so lost may be

3-17 rescheduled in this manner.

3-18 4. Each school district shall schedule at least 3 contingent days of

3-19 school in addition to the number of days required by this section, which

3-20 must be used if a natural disaster, inclement weather or an accident

3-21 necessitates the closing of a majority of the facilities within the district.

3-22 5. If more than 3 days of free school are lost because a natural disaster,

3-23 inclement weather or an accident necessitates the closing of a majority of

3-24 the facilities within a school district, the superintendent of public

3-25 instruction, upon application by the school district, may permit the

3-26 additional days lost to be counted as school days in session. The

3-27 application must be submitted in the manner prescribed by the

3-28 superintendent of public instruction.

3-29 6. The state board [of education] shall adopt regulations providing

3-30 procedures for changing schedules of instruction to be used if a natural

3-31 disaster, inclement weather or an accident necessitates the closing of a

3-32 particular school within a school district.

3-33 Sec. 3. NRS 388.450 is hereby amended to read as follows:

3-34 388.450 1. The legislature declares that the basic support guarantee

3-42 and talented pupils.

4-1 3. The board of trustees of a school district shall establish uniform

4-2 criteria governing eligibility for instruction under the special education

4-3 programs provided for by NRS 388.440 to 388.520, inclusive. The criteria

4-4 must prohibit the placement of a pupil in a program for pupils with

4-5 disabilities solely because the pupil has a disciplinary problem in school

4-6 or the pupil has a social maladjustment that is not a serious emotional

4-7 disturbance. The criteria are subject to such standards as may be

4-8 prescribed by the state board . [of education.]

4-9 Sec. 4. NRS 388.470 is hereby amended to read as follows:

4-10 388.470 1. Before any child is placed in a special program for pupils

4-23 that is not a serious emotional disturbance.

4-24 Sec. 5. NRS 388.520 is hereby amended to read as follows:

4-25 388.520 1. The state board shall prescribe minimum standards for

5-1 (l) Developmental delays.

5-2 (m) Gifted and talented abilities.

5-3 3. No apportionment of state money may be made to any school

5-4 district or charter school for the instruction of pupils with disabilities and

5-5 gifted and talented pupils until the program of instruction maintained

5-6 therein for such pupils is approved by the superintendent of public

5-7 instruction as meeting the minimum standards prescribed by the state

5-8 board. The superintendent of public instruction shall not approve, or

5-9 shall revoke his approval of, the program of instruction of a:

5-10 (a) School district if the board of trustees of the school district places a

5-11 pupil or authorizes the placement of a pupil in a program for pupils with

5-12 disabilities solely because the pupil has a disciplinary problem in school

5-13 or the pupil has a social maladjustment that is not a serious emotional

5-14 disturbance.

5-15 (b) Charter school if the governing body of the charter school places a

5-16 pupil or authorizes the placement of a pupil in a program for pupils with

5-17 disabilities solely because the pupil has a disciplinary problem in school

5-18 or the pupil has a social maladjustment that is not a serious emotional

5-19 disturbance.

5-20 Sec. 6. NRS 389.010 is hereby amended to read as follows:

5-21 389.010 1. Except as otherwise provided in NRS [389.170 and]

5-41 of this section.

6-1 Sec. 7. NRS 389.085 is hereby amended to read as follows:

6-2 389.085 1. The automobile driver education program is hereby

6-29 automobile driver education training equipment.

6-30 Sec. 8. NRS 389.090 is hereby amended to read as follows:

6-31 389.090 1. The state board shall adopt regulations governing the

7-1 (b) Pupils enrolled in summer classes conducted in high schools in the

7-2 school district.

7-3 A board of trustees maintaining courses in automobile driver education

7-4 shall insure against any liability arising out of the use of motor vehicles in

7-5 connection with those courses. The cost of the insurance must be paid from

7-6 available school district funds.

7-7 4. A governing body of a charter school may establish and maintain

7-8 automobile driver education classes if the governing body insures against

7-9 any liability arising out of the use of motor vehicles in connection with

7-10 those courses.

7-11 5. Automobile driver education must be provided by boards of trustees

7-12 of school districts and governing bodies of charter schools in accordance

7-13 with the regulations of the state board and may not be duplicated by any

7-14 other agency, department, commission or officer of the State of Nevada.

7-15 6. Each course in automobile driver education provided by a board of

7-16 trustees of a school district or a governing body of a charter school must

7-17 include, without limitation, instruction in:

7-18 (a) Motor vehicle insurance.

7-19 (b) The effect of drugs and alcohol on an operator of a motor vehicle.

7-20 7. Each course in automobile driver education provided by a board of

7-21 trustees of a school district or a governing body of a charter school must be

7-22 restricted to pupils who are sophomores, juniors or seniors in high school.

7-23 Sec. 9. NRS 389.170 is hereby amended to read as follows:

7-24 389.170 1. The state board shall, by regulation, establish a course of

7-43 period during the 6th, 7th and 8th grades.

8-1 4. The board of trustees in each school district shall incorporate into

8-2 the curriculum the course of study [within the limits of money made

8-3 available to the district by the legislature for that purpose.] established by

8-4 the state board pursuant to this section.

8-5 Sec. 10. Chapter 391 of NRS is hereby amended by adding thereto a

8-43 the meaning ascribed to it in 20 U.S.C. § 1401(11).

9-1 Sec. 11. NRS 392.466 is hereby amended to read as follows:

9-2 392.466 1. Except as otherwise provided in this section, any pupil

9-42 the procedural policy adopted by the board for such issues.

10-1 6. A pupil who is participating in a program of special education

10-2 pursuant to NRS 388.520, other than a pupil who is gifted and talented,

10-3 may, in accordance with the procedural policy adopted by the board of

10-4 trustees of the school district for such matters, be:

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

10-6 days. Such a suspension may be imposed pursuant to this paragraph for

10-7 each occurrence of conduct proscribed by subsection 1.

10-8 (b) Suspended from school for more than 10 days or permanently

10-9 expelled from school pursuant to this section only after the [board] :

10-10 (1) Pupil’s individualized education program team has conducted a

10-11 review in accordance with 20 U.S.C. § 1415(k) and determined that the

10-12 behavior of the pupil is not a manifestation of his disability. In

10-13 conducting the review, the individualized education program team shall

10-14 not presume that the behavior of the pupil is a manifestation of his

10-15 disability.

10-16 (2) Board of trustees of the school district has reviewed the

10-17 circumstances and determined that the action is in compliance with the

10-18 Individuals with Disabilities Education Act , [(] 20 U.S.C. §§ 1400 et seq.

10-19 [).]

10-20 7. As used in this section:

10-21 (a) "Battery" has the meaning ascribed to it in paragraph (a) of

10-22 subsection 1 of NRS 200.481.

10-23 (b) "Dangerous weapon" includes, without limitation, a blackjack,

10-24 slung shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a

10-25 nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a

10-26 butterfly knife or any other knife described in NRS 202.350, or any other

10-27 object which is used, or threatened to be used, in such a manner and under

10-28 such circumstances as to pose a threat of, or cause, bodily injury to a

10-29 person.

10-30 (c) "Firearm" includes, without limitation, any pistol, revolver, shotgun,

10-31 explosive substance or device, and any other item included within the

10-32 definition of a "firearm" in 18 U.S.C. § 921, as that section existed on July

10-33 1, 1995.

10-34 (d) "Individualized education program team" has the meaning

10-35 ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

10-36 Sec. 12. NRS 392.467 is hereby amended to read as follows:

10-37 392.467 1. Except as otherwise provided in subsections 4 and 5, the

10-43 except that a pupil who poses a continuing danger to persons or property or

11-1 an ongoing threat of disrupting the academic process or who is selling or

11-2 distributing any controlled substance or is found to be in possession of a

11-3 dangerous weapon as provided in NRS 392.466 may be removed from the

11-4 school immediately upon being given an explanation of the reasons for his

11-5 removal, and pending proceedings, to be conducted as soon as practicable

11-6 after removal, for his suspension or expulsion.

11-7 3. The provisions of chapter 241 of NRS do not apply to any hearing

11-8 conducted pursuant to this section. Such hearings must be closed to the

11-9 public.

11-10 4. The board of trustees of a school district shall not authorize the

11-11 expulsion, suspension or removal of any pupil from the public school

11-12 system solely because the pupil is declared a truant or habitual truant in

11-13 accordance with NRS 392.130 or 392.140.

11-14 5. A pupil who is participating in a program of special education

11-15 pursuant to NRS 388.520, other than a pupil who is gifted and talented,

11-16 may, in accordance with the procedural policy adopted by the board of

11-17 trustees of the school district for such matters, be:

11-18 (a) Suspended from school pursuant to this section for not more than 10

11-19 days.

11-20 (b) Suspended from school for more than 10 days or permanently

11-21 expelled from school pursuant to this section only after the [board] :

11-22 (1) Pupil’s individualized education program team has conducted a

11-23 review in accordance with 20 U.S.C. § 1415(k) and determined that the

11-24 behavior of the pupil is not a manifestation of his disability. In

11-25 conducting the review, the individualized education program team shall

11-26 not presume that the behavior of the pupil is a manifestation of his

11-27 disability.

11-28 (2) Board of trustees of the school district has reviewed the

11-29 circumstances and determined that the action is in compliance with the

11-30 Individuals with Disabilities Education Act , [(] 20 U.S.C. §§ 1400 et seq.

11-31 [).]

11-32 6. As used in this section, "individualized education program team"

11-33 has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

11-34 Sec. 13. This act becomes effective on July 1, 1999.