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

1-2 the provisions set forth as sections 2 to 12, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the

1-4 context otherwise requires, the words and terms defined in sections 3, 4

1-5 and 5 of this act have the meanings ascribed to them in those sections.

1-6 Sec. 3. "Alternative program of education" means a program of

1-7 education established by the board of trustees of a school district

1-8 pursuant to section 12 of this act.

1-9 Sec. 4. "Committee" means the committee to review the placement

1-10 of pupils established by the principal of a school pursuant to section 8 of

1-11 this act.

1-12 Sec. 5. "Principal" means the principal of a school or his designee.

2-1 Sec. 6. An action must not be taken pursuant to the provisions of

2-2 sections 2 to 12, inclusive, of this act against a pupil with a disability who

2-3 is participating in a program of special education pursuant to NRS

2-4 388.440 to 388.520, inclusive, unless the action complies with:

2-5 1. The Individuals with Disabilities Education Act, 20 U.S.C. §§

2-6 1400 et seq.;

2-7 2. The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101

2-8 et seq.;

2-9 3. Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq.;

2-10 4. Any other federal law applicable to children with disabilities; and

2-11 5. The procedural policy adopted by the board of trustees of the

2-12 school district for such matters.

2-13 Sec. 7. If a pupil is assigned to suspension in school pursuant to

2-14 section 9 or 11 of this act, the suspension must include a program in

2-15 which the pupil:

2-16 1. Spends the school day in a classroom or an area of the school

2-17 other than his regular classroom;

2-18 2. Studies under the supervision of a teacher;

2-19 3. Is separated, to the extent practicable, from pupils who are not

2-20 participating in the program; and

2-21 4. Is prohibited from engaging in any extracurricular activity

2-22 sponsored by the school.

2-23 Sec. 8. 1. The principal of each public school shall establish a

2-24 committee to review the placement of pupils. The committee must consist

2-25 of the principal and two regular members who are teachers, selected for

2-26 membership by a majority of the teachers who are employed at the

2-27 school. One additional teacher must be selected in the same manner to

2-28 serve as an alternate member.

2-29 2. The committee shall, in accordance with section 11 of this act,

2-30 conduct reviews of pupils who are removed from the classroom and

2-31 placed in alternative placements. If a pupil is removed from the

2-32 classroom pursuant to section 9 of this act by a teacher who is a member

2-33 of the committee, the teacher shall not participate in the review of the

2-34 placement of the pupil and the alternate member shall serve on the

2-35 committee for that review.

2-36 Sec. 9. 1. A teacher may remove from his classroom a pupil who

2-37 engages in unruly, disruptive or abusive behavior if, in the judgment of

2-38 the teacher, the behavior of the pupil seriously interferes with the ability

2-39 of the teacher to teach the other pupils in the classroom and with the

2-40 ability of the other pupils to learn. If a teacher intends to remove a pupil

2-41 from the classroom, the teacher shall notify the principal of the school to

2-42 take appropriate action pursuant to subsection 2.

3-1 2. Except as otherwise provided in subsection 3, upon notice from a

3-2 teacher that the teacher intends to remove a pupil from a classroom

3-3 pursuant to subsection 1, the principal of the school shall immediately

3-4 assign the pupil to one of the following alternative placements:

3-5 (a) Another appropriate classroom;

3-6 (b) A period of suspension in school;

3-7 (c) An alternative program of education; or

3-8 (d) If the pupil is enrolled in high school, an alternative program for

3-9 the education of pupils at risk of dropping out of high school operated by

3-10 the board of trustees pursuant to NRS 388.537.

3-11 3. If the suspension or expulsion of a pupil who is removed from the

3-12 classroom pursuant to this section is required by NRS 392.466, the

3-13 principal shall not assign the pupil to an alternative placement pursuant

3-14 to subsection 2. If the suspension or expulsion of the pupil is authorized

3-15 by NRS 392.467 and the principal decides to proceed in accordance with

3-16 that section, the principal shall not assign the pupil to an alternative

3-17 placement pursuant to subsection 2. If the principal proceeds in

3-18 accordance with NRS 392.466 or 392.467, the pupil must be removed

3-19 from school in accordance with those sections and the provisions of

3-20 sections 2 to 12, inclusive, of this act do not apply to the pupil.

3-21 4. Except as otherwise provided in subsection 4 of section 10 of this

3-22 act and section 11 of this act, a pupil who is removed from a classroom

3-23 pursuant to this section must not be returned to the classroom without

3-24 the consent of the teacher who removed the pupil.

3-25 Sec. 10. 1. Except as otherwise provided in this section, not later

3-26 than 3 school days after a pupil is removed from a classroom pursuant to

3-27 section 9 of this act, a conference must be held with:

3-28 (a) The pupil;

3-29 (b) A parent or legal guardian of the pupil;

3-30 (c) The principal of the school; and

3-31 (d) The teacher who removed the pupil.

3-32 The principal shall give oral or written notice of the conference, as

3-33 appropriate, to each person who is required to participate.

3-34 2. After receipt of notice pursuant to subsection 1, the parent or legal

3-35 guardian may, not later than 3 school days after the removal of the pupil,

3-36 request that the date of the conference be postponed. The principal shall

3-37 accommodate such a request. If the date of the conference is postponed,

3-38 the parent or legal guardian shall sign a written statement indicating that

3-39 he requested the postponement.

4-1 3. If a parent or legal guardian refuses to attend a conference, the

4-2 parent or legal guardian shall sign a written statement that waives the

4-3 right to a conference provided by this section and authorizes the

4-4 principal to determine the placement of the pupil pursuant to subsection

4-5 6.

4-6 4. Except as otherwise provided in this subsection, a pupil must not

4-7 return to the classroom from which he was removed before the

4-8 conference is held. If the conference is not held within 3 school days

4-9 after the removal of the pupil, the pupil must be allowed to return to the

4-10 classroom unless:

4-11 (a) The parent or legal guardian of the pupil refuses to attend the

4-12 conference;

4-13 (b) The failure to hold a conference is attributed to the action or

4-14 inaction of the pupil or the parent or legal guardian of the pupil; or

4-15 (c) The parent or legal guardian requested that the date of the

4-16 conference be postponed.

4-17 5. During the conference, the teacher who removed the pupil from

4-18 the classroom or the principal shall provide the pupil and his parent or

4-19 legal guardian with an explanation of the reason for the removal of the

4-20 pupil from the classroom. The pupil and his parent or legal guardian

4-21 must be granted an opportunity to respond to the explanation of the

4-22 pupil’s behavior and to indicate whether the removal of the pupil from

4-23 the classroom was appropriate in their opinion based upon the behavior

4-24 of the pupil.

4-25 6. Upon conclusion of the conference or, if a conference is not held

4-26 pursuant to subsection 3, not later than 3 school days after removal of a

4-27 pupil from a classroom, the principal shall determine whether to return

4-28 the pupil to the classroom or continue the alternative placement of the

4-29 pupil.

4-30 Sec. 11. 1. If, in accordance with subsection 6 of section 10 of this

4-31 act, the principal determines that a pupil must be returned to the

4-32 classroom from which he was removed and the teacher who removed the

4-33 pupil refuses to consent to the return of the pupil, the principal shall

4-34 continue the alternative placement of the pupil and shall immediately

4-35 convene a meeting of the committee. The committee shall review the

4-36 circumstances of the pupil’s removal from the classroom, the pupil’s

4-37 behavior that caused him to be removed from the classroom and any acts

4-38 of prior misbehavior by the pupil. Based upon its review, the committee

4-39 shall assess the best placement available for the pupil and shall:

4-40 (a) Direct that the pupil be returned to the classroom from which he

4-41 was removed;

4-42 (b) Assign the pupil to another appropriate classroom;

4-43 (c) Assign the pupil to a period of suspension in school;

5-1 (d) Assign the pupil to an alternative program of education; or

5-2 (e) If the pupil is enrolled in high school, assign the pupil to an

5-3 alternative program for the education of pupils at risk of dropping out of

5-4 high school operated by the board of trustees pursuant to NRS 388.537.

5-5 2. If a principal assigns a pupil to a period of suspension in school

5-6 pursuant to subsection 2 of section 9 of this act, the assignment may

5-7 continue for not more than 30 days. Before the end of the assignment,

5-8 the principal of the school shall convene a meeting of the committee. The

5-9 committee shall review the circumstances of the pupil’s removal from the

5-10 classroom, the pupil’s behavior that caused him to be removed from the

5-11 classroom and any acts of prior misbehavior by the pupil. Based upon its

5-12 review, the committee shall assess the best placement available for the

5-13 pupil and shall:

5-14 (a) Direct that the pupil be returned to the classroom from which he

5-15 was removed;

5-16 (b) Assign the pupil to another appropriate classroom;

5-17 (c) Assign the pupil to an alternative program of education; or

5-18 (d) If the pupil is enrolled in high school, assign the pupil to an

5-19 alternative program for the education of pupils at risk of dropping out of

5-20 high school operated by the board of trustees pursuant to NRS 388.537.

5-21 3. If a pupil is placed in an alternative program of education or an

5-22 alternative program for the education of pupils at risk of dropping out of

5-23 high school pursuant to this section or subsection 2 of section 9 of this

5-24 act for more than 60 days, the committee shall review the placement of

5-25 the pupil in the alternative program at least every 60 days. The committee

5-26 shall review the circumstances of the pupil’s removal from the

5-27 classroom, the pupil’s behavior that caused him to be removed from the

5-28 classroom and any acts of prior misbehavior by the pupil. Based upon its

5-29 review, the committee shall assess the best placement available for the

5-30 pupil and shall:

5-31 (a) Direct that the pupil be returned to the classroom from which he

5-32 was removed;

5-33 (b) Assign the pupil to another appropriate classroom; or

5-34 (c) Maintain the pupil in the alternative program, subject to the

5-35 limitations of subsections 4 and 5 of section 12 of this act.

5-36 Sec. 12. 1. The board of trustees of each school district shall

5-37 establish and operate an alternative program of education for pupils who

5-38 are enrolled in public schools in the school district. For pupils who are

5-39 enrolled in high schools in the school district, the board of trustees shall

5-40 be deemed to satisfy the requirements of this section if the board of

5-41 trustees operates an alternative program for the education of pupils at

5-42 risk of dropping out of high school pursuant to NRS 388.537.

6-1 2. The board of trustees of a school district with a total enrollment of

6-2 less than 10,000 pupils, calculated pursuant to NRS 387.1233, may

6-3 operate an alternative program of education with one or more school

6-4 districts that adjoin the school district. A pupil assigned to such a

6-5 program must be included in the school district of his residence for

6-6 purposes of calculating the average daily attendance of pupils and

6-7 making apportionments and allowances pursuant to NRS 387.121 to

6-8 387.126, inclusive.

6-9 3. The alternative program of education established pursuant to this

6-10 section may be located on or off the grounds of a public school. The

6-11 program must:

6-12 (a) Be provided in a setting outside the pupil’s regular classroom;

6-13 (b) Ensure the separation of pupils who are participating in the

6-14 program from pupils who are not participating in the program;

6-15 (c) Provide intensive supervision and counseling for pupils

6-16 participating in the program;

6-17 (d) Provide and emphasize instruction in language arts, mathematics,

6-18 science and history, as appropriate to the grade level of the pupils

6-19 participating in the program; and

6-20 (e) Emphasize training in self-discipline.

6-21 4. If the placement of a pupil in an alternative program of education

6-22 or an alternative program for the education of pupils at risk of dropping

6-23 out of high school pursuant to section 9 or 11 of this act continues for

6-24 more than 120 days or is scheduled to continue after the completion of

6-25 one school semester, or the equivalent, the board of trustees of the school

6-26 district shall notify the parent or legal guardian of the pupil and provide

6-27 an opportunity for the parent or legal guardian to appear before the

6-28 board to object to the placement of the pupil in the program. If a parent

6-29 or legal guardian objects to the placement, the board of trustees shall,

6-30 subject to the limitations of subsection 5, confirm the placement of the

6-31 pupil in the alternative program or modify the alternative placement of

6-32 the pupil as the board of trustees determines necessary.

6-33 5. A pupil must not be placed in an alternative program of education

6-34 or an alternative program for the education of pupils at risk of dropping

6-35 out of high school pursuant to section 9 or 11 of this act for more than 1

6-36 school year. If a pupil is placed in an alternative program during a

6-37 school year, the placement must not extend beyond that school year.

6-38 6. If a pupil who is enrolled in high school is assigned to an

6-39 alternative program of education or an alternative program for the

6-40 education of pupils at risk of dropping out of high school pursuant to

6-41 section 9 or 11 of this act, the:

6-42 (a) Principal of the school shall establish a plan to ensure that the

6-43 pupil graduates from high school; and

7-1 (b) Periodic review required by subsection 3 of section 11 of this act

7-2 must include consideration of the progress of the pupil in satisfying the

7-3 requirements for graduation from high school.

7-4 Sec. 13. NRS 392.463 is hereby amended to read as follows:

7-5 392.463 1. Each school district shall prescribe written rules of

7-22 unfounded.

7-23 Sec. 14. NRS 392.4655 is hereby amended to read as follows:

7-24 392.4655 A pupil shall be deemed a habitual disciplinary problem if

7-35 for any reason.

7-36 Sec. 15. 1. There is hereby appropriated from the state general fund

7-37 to the department of education:

7-38 For the fiscal year 1999-2000 $900,000

7-39 For the fiscal year 2000-2001 $900,000

7-40 2. The board of trustees of a school district may submit an application

7-41 to the department of education for an allocation from the appropriation

7-42 made by subsection 1. Such an application must:

7-43 (a) Be on a form provided by the department of education;

8-1 (b) Include a written plan of the board of trustees to carry out the

8-2 provisions of sections 2 to 12, inclusive, of this act; and

8-3 (c) Identify the financial needs of the school district to carry out the

8-4 provisions of sections 2 to 12, inclusive, of this act.

8-5 3. Upon receipt of such an application, the department of education

8-6 shall review the application to determine whether the written plan

8-7 submitted by the board of trustees complies with sections 2 to 12,

8-8 inclusive, of this act. If the department determines that the written plan

8-9 complies with sections 2 to 12, inclusive, of this act, the department shall

8-10 approve the application.

8-11 4. The department of education shall apportion the money available

8-12 for each fiscal year among the school districts whose applications have

8-13 been approved based upon the financial needs of the school districts, as

8-14 determined by the department.

8-15 5. The board of trustees of a school district that receives an allocation

8-16 of money pursuant to subsection 4 shall use the money to carry out the

8-17 provisions of sections 2 to 12, inclusive, of this act.

8-18 6. The board of trustees of a school district that receives an allocation

8-19 of money pursuant to subsection 4 shall not use the money to:

8-20 (a) Settle or arbitrate disputes or negotiate settlements between an

8-21 organization that represents licensed employees of the school district and

8-22 the school district.

8-23 (b) Adjust the schedules of salaries and benefits of the employees of the

8-24 school district.

8-25 7. Any balance of the sums appropriated by subsection 1 remaining at

8-26 the end of the respective fiscal years must not be committed for

8-27 expenditure after June 30 of the respective fiscal years and reverts to the

8-28 state general fund as soon as all payments of money committed have been

8-29 made.

8-30 Sec. 16. A pupil shall not be deemed a habitual disciplinary problem

8-31 pursuant to the amendatory provisions of section 14 of this act for any acts

8-32 committed by the pupil before July 1, 1999.

8-33 Sec. 17. 1. This section and section 15 of this act become effective

8-34 upon passage and approval.

8-35 2. Sections 1 to 14, inclusive, and 16 of this act become effective on

8-36 July 1, 1999.