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 a committee to review the placement of

1-10 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. §§ 1400

2-6 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. 6.5. The principal of each public school shall establish a plan

2-14 to provide for progressive discipline of pupils and for on-site review of

2-15 disciplinary decisions. The plan must:

2-16 1. Be developed with the input and participation of teachers and

2-17 support staff of the school and parents of pupils who are enrolled in the

2-18 school.

2-19 2. Be consistent with the written rules of behavior prescribed in

2-20 accordance with NRS 392.463 and the provisions of sections 2 to 12,

2-21 inclusive, of this act.

2-22 3. Include, without limitation, provisions designed to address the

2-23 specific disciplinary needs and concerns of the school.

2-24 Sec. 7. If a pupil is assigned to suspension in school pursuant to

2-25 section 9 or 11 of this act, the suspension must include a program in

2-26 which the pupil:

2-27 1. Spends the school day in a classroom or an area of the school

2-28 other than his regular classroom;

2-29 2. Studies under the supervision of appropriate personnel of the

2-30 school district;

2-31 3. Is separated, to the extent practicable, from pupils who are not

2-32 participating in the program; and

2-33 4. Is prohibited from engaging in any extracurricular activity

2-34 sponsored by the school.

2-35 Sec. 8. 1. The principal of each public school shall establish at

2-36 least one committee to review the placement of pupils. A committee

2-37 established pursuant to this section must consist of the principal and two

2-38 regular members who are teachers, selected for membership by a

2-39 majority of the teachers who are employed at the school. One additional

2-40 teacher must be selected in the same manner to serve as an alternate

2-41 member.

2-42 2. A committee established pursuant to this section shall, in

2-43 accordance with section 11 of this act, conduct reviews of pupils who are

3-1 removed from the classroom and placed in temporary alternative

3-2 placements. If a pupil is removed from the classroom pursuant to section

3-3 9 of this act by a teacher who is a member of a committee established

3-4 pursuant to this section, the teacher shall not participate in the review of

3-5 the placement of the pupil and the alternate member shall serve on the

3-6 committee for that review.

3-7 Sec. 9. 1. A teacher may remove from his classroom a pupil who,

3-8 in the judgment of the teacher, engages in behavior that seriously

3-9 interferes with the ability of the teacher to teach the other pupils in the

3-10 classroom and with the ability of the other pupils to learn. If a teacher

3-11 intends to remove a pupil from the classroom, the teacher shall notify the

3-12 principal of the school on a form provided by the school district.

3-13 2. Except as otherwise provided in subsection 3, upon notice from a

3-14 teacher that the teacher intends to remove a pupil from a classroom

3-15 pursuant to subsection 1, the principal of the school shall notify the

3-16 parent or legal guardian of the pupil within 24 hours and assign the

3-17 pupil to either of the following temporary alternative placements:

3-18 (a) Another appropriate classroom; or

3-19 (b) A period of suspension in school.

3-20 3. If the suspension or expulsion of a pupil who is removed from the

3-21 classroom pursuant to this section is required by NRS 392.466, the

3-22 principal shall not assign the pupil to a temporary alternative placement

3-23 pursuant to subsection 2. If the suspension or expulsion of the pupil is

3-24 authorized by NRS 392.467 and the principal decides to proceed in

3-25 accordance with that section, the principal shall not assign the pupil to a

3-26 temporary alternative placement pursuant to subsection 2. If the

3-27 principal proceeds in accordance with NRS 392.466 or 392.467, the pupil

3-28 must be removed from school in accordance with those sections and the

3-29 provisions of sections 2 to 12, inclusive, of this act do not apply to the

3-30 pupil.

3-31 4. Except as otherwise provided in subsection 4 of section 10 of this

3-32 act and section 11 of this act, a pupil who is removed from a classroom

3-33 pursuant to this section must not be returned to the classroom without

3-34 the consent of the teacher who removed the pupil.

3-35 Sec. 10. 1. Except as otherwise provided in this section, not later

3-36 than 3 school days after a pupil is removed from a classroom pursuant to

3-37 section 9 of this act, a conference must be held with:

3-38 (a) The pupil;

3-39 (b) A parent or legal guardian of the pupil;

3-40 (c) The principal of the school; and

3-41 (d) The teacher who removed the pupil.

3-42 The principal shall give oral or written notice of the conference, as

3-43 appropriate, to each person who is required to participate.

4-1 2. After receipt of notice pursuant to subsection 1, the parent or legal

4-2 guardian may, not later than 3 school days after the removal of the pupil,

4-3 request that the date of the conference be postponed. The principal shall

4-4 accommodate such a request. If the date of the conference is postponed

4-5 pursuant to this subsection, the principal shall send written notice to the

4-6 parent or legal guardian confirming that the conference has been

4-7 postponed at the request of the parent or legal guardian.

4-8 3. If the parent or legal guardian refuses to attend a conference, the

4-9 principal shall send written notice to the parent or legal guardian

4-10 confirming that the parent or legal guardian has waived the right to a

4-11 conference provided by this section and authorizes the principal to

4-12 recommend the placement of the pupil pursuant to subsection 6.

4-13 4. Except as otherwise provided in this subsection, a pupil must not

4-14 return to the classroom from which he was removed before the

4-15 conference is held. If the conference is not held within 3 school days

4-16 after the removal of the pupil, the pupil must be allowed to return to the

4-17 classroom unless:

4-18 (a) The parent or legal guardian of the pupil refuses to attend the

4-19 conference;

4-20 (b) The failure to hold a conference is attributed to the action or

4-21 inaction of the pupil or the parent or legal guardian of the pupil; or

4-22 (c) The parent or legal guardian requested that the date of the

4-23 conference be postponed.

4-24 5. During the conference, the teacher who removed the pupil from

4-25 the classroom or the principal shall provide the pupil and his parent or

4-26 legal guardian with an explanation of the reason for the removal of the

4-27 pupil from the classroom. The pupil and his parent or legal guardian

4-28 must be granted an opportunity to respond to the explanation of the

4-29 pupil’s behavior and to indicate whether the removal of the pupil from

4-30 the classroom was appropriate in their opinion based upon the behavior

4-31 of the pupil.

4-32 6. Upon conclusion of the conference or, if a conference is not held

4-33 pursuant to subsection 3, not later than 3 school days after removal of a

4-34 pupil from a classroom, the principal shall recommended whether to

4-35 return the pupil to the classroom or continue the temporary alternative

4-36 placement of the pupil.

4-37 Sec. 11. 1. If, in accordance with subsection 6 of section 10 of this

4-38 act, the principal recommends that a pupil be returned to the classroom

4-39 from which he was removed and the teacher who removed the pupil does

4-40 not agree with the recommendation, the principal shall continue the

4-41 temporary alternative placement of the pupil and shall immediately

4-42 convene a meeting of the committee. The principal shall inform the

4-43 parent or legal guardian of the pupil that the committee will be

5-1 conducting a meeting. The committee shall review the circumstances of

5-2 the pupil’s removal from the classroom and the pupil’s behavior that

5-3 caused him to be removed from the classroom. Based upon its review, the

5-4 committee shall assess the best placement available for the pupil and

5-5 shall:

5-6 (a) Direct that the pupil be returned to the classroom from which he

5-7 was removed;

5-8 (b) Assign the pupil to another appropriate classroom;

5-9 (c) Assign the pupil to a period of suspension in school;

5-10 (d) Assign the pupil to an alternative program of education; or

5-11 (e) If the pupil is enrolled in high school, assign the pupil to an

5-12 alternative program for the education of pupils at risk of dropping out of

5-13 high school operated by the board of trustees pursuant to NRS 388.537.

5-14 2. If a principal assigns a pupil to a period of suspension in school

5-15 pursuant to subsection 2 of section 9 of this act, the assignment may

5-16 continue for not more than 30 days. Before the end of the assignment,

5-17 the principal of the school shall convene a meeting of the committee. The

5-18 committee shall review the circumstances of the pupil’s removal from the

5-19 classroom and the pupil’s behavior that caused him to be removed from

5-20 the classroom. Based upon its review, the committee shall assess the best

5-21 placement available for the pupil and shall:

5-22 (a) Direct that the pupil be returned to the classroom from which he

5-23 was removed;

5-24 (b) Assign the pupil to another appropriate classroom;

5-25 (c) Assign the pupil to an alternative program of education; or

5-26 (d) If the pupil is enrolled in high school, assign the pupil to an

5-27 alternative program for the education of pupils at risk of dropping out of

5-28 high school operated by the board of trustees pursuant to NRS 388.537.

5-29 3. If a pupil is placed in an alternative program of education or an

5-30 alternative program for the education of pupils at risk of dropping out of

5-31 high school pursuant to this section or subsection 2 of section 9 of this

5-32 act for more than 60 days, the committee shall review the placement of

5-33 the pupil in the alternative program at least every 60 days. The committee

5-34 shall review the circumstances of the pupil’s removal from the classroom

5-35 and the pupil’s behavior that caused him to be removed from the

5-36 classroom. Based upon its review, the committee shall assess the best

5-37 placement available for the pupil and shall:

5-38 (a) Direct that the pupil be returned to the classroom from which he

5-39 was removed;

5-40 (b) Assign the pupil to another appropriate classroom; or

5-41 (c) Maintain the pupil in the alternative program, subject to the

5-42 limitations of subsection 4 of section 12 of this act.

6-1 Sec. 12. 1. The board of trustees of each school district shall

6-2 establish and operate a pilot alternative program of education for pupils

6-3 who are enrolled in public schools in the school district. For pupils who

6-4 are enrolled in high schools in the school district, the board of trustees

6-5 shall be deemed to satisfy the requirements of this section if the board of

6-6 trustees operates an alternative program for the education of pupils at

6-7 risk of dropping out of high school pursuant to NRS 388.537.

6-8 2. The board of trustees of a school district with a total enrollment of

6-9 less than 10,000 pupils, calculated pursuant to NRS 387.1233, may

6-10 operate an alternative program of education with one or more school

6-11 districts that adjoin the school district. A pupil assigned to such a

6-12 program must be included in the school district of his residence for

6-13 purposes of calculating the average daily attendance of pupils and

6-14 making apportionments and allowances pursuant to NRS 387.121 to

6-15 387.126, inclusive.

6-16 3. The alternative program of education established pursuant to this

6-17 section may be located on or off the grounds of a public school. The

6-18 program must:

6-19 (a) Be provided in a setting outside the pupil’s regular classroom;

6-20 (b) Ensure the separation of pupils who are participating in the

6-21 program from pupils who are not participating in the program;

6-22 (c) Provide supervision and counseling for pupils participating in the

6-23 program;

6-24 (d) Provide and emphasize instruction in language arts, mathematics,

6-25 science and history, as appropriate to the grade level of the pupils

6-26 participating in the program; and

6-27 (e) Emphasize training in self-discipline.

6-28 4. If the placement of a pupil in an alternative program of education

6-29 or an alternative program for the education of pupils at risk of dropping

6-30 out of high school pursuant to section 9 or 11 of this act continues for

6-31 more than 120 days or is scheduled to continue after the completion of

6-32 one school semester, or the equivalent, the board of trustees of the school

6-33 district shall notify the parent or legal guardian of the pupil and provide

6-34 an opportunity for the parent or legal guardian to appear before the

6-35 board to object to the placement of the pupil in the program. If a parent

6-36 or legal guardian objects to the placement, the board of trustees shall

6-37 confirm the placement of the pupil in the alternative program or modify

6-38 the alternative placement of the pupil as the board of trustees determines

6-39 necessary.

6-40 5. If a pupil who is enrolled in high school is assigned to an

6-41 alternative program of education or an alternative program for the

6-42 education of pupils at risk of dropping out of high school pursuant to

6-43 section 9 or 11 of this act, the:

7-1 (a) Principal of the school shall establish a plan to ensure that the

7-2 pupil has access to all course work and requirements necessary for the

7-3 pupil to graduate from high school; and

7-4 (b) Periodic review required by subsection 3 of section 11 of this act

7-5 must include consideration of the progress of the pupil in satisfying the

7-6 requirements for graduation from high school.

7-7 6. On or before each regular session of the legislature, the

7-8 department shall conduct an evaluation of alternative programs of

7-9 education that are established pursuant to this section and submit a

7-10 report concerning the evaluation to the director of the legislative counsel

7-11 bureau for distribution to the legislature.

7-12 Sec. 13. NRS 392.463 is hereby amended to read as follows:

7-13 392.463 1. Each school district shall prescribe written rules of

7-28 shall mail a copy of the report to the parent or legal guardian of the

7-29 pupil.

7-30 Sec. 14. NRS 392.4655 is hereby amended to read as follows:

7-31 392.4655 1. Except as otherwise provided in this section, a principal

7-32 of a school shall deem a pupil enrolled in the school a habitual disciplinary

7-33 problem if the school has written evidence which documents that in 1 school

7-34 year:

7-35 (a) The pupil has threatened or extorted, or attempted to threaten or

7-36 extort, another pupil or a teacher or other personnel employed by the

7-37 school;

7-38 (b) The pupil has been suspended for initiating at least two fights on

7-39 school property, at an activity sponsored by a public school, on a school bus

7-40 or, if the fight occurs within 1 hour of the beginning or end of a school day,

7-41 on his way to or from school; [or]

7-42 (c) The pupil has been removed from the classroom pursuant to

7-43 section 9 of this act at least four times; or

8-1 (d) The pupil has a record of [five] three suspensions from the school

8-2 for any reason.

8-3 2. At least one teacher of a pupil who is enrolled in elementary school

8-4 and at least two teachers of a pupil who is enrolled in junior high, middle

8-5 school or high school may request that the principal of the school deem a

8-6 pupil a habitual disciplinary problem. Upon such a request, the principal of

8-7 the school shall meet with each teacher who made the request to review the

8-8 pupil’s record of discipline. If, after the review, the principal of the school

8-9 determines that the provisions of subsection 1 do not apply to the pupil, a

8-10 teacher who submitted a request pursuant to this subsection may appeal that

8-11 determination to the board of trustees of the school district. Upon receipt of

8-12 such a request, the board of trustees shall review the initial request and

8-13 determination pursuant to the procedure established by the board of trustees

8-14 for such matters.

8-15 3. If a pupil is suspended for initiating a fight described in paragraph

8-16 (b) of subsection 1 and the fight is the first such fight that the pupil has

8-17 initiated during that school year, or if a pupil receives one suspension on his

8-18 record, the school in which the pupil is enrolled shall provide written notice

8-19 to the parent or legal guardian of the pupil that contains:

8-20 (a) A description of the acts committed by the pupil and the dates on

8-21 which those acts were committed;

8-22 (b) An explanation that if the pupil is suspended for initiating one

8-23 additional fight or if the pupil receives five suspensions on his record during

8-24 the current school year, he will be deemed a habitual disciplinary problem;

8-25 (c) An explanation that, pursuant to subsection 3 of NRS 392.466, a

8-26 pupil who is deemed a habitual disciplinary problem must be suspended or

8-27 expelled from school for a period equal to at least one school semester;

8-28 (d) If the pupil has a disability and is participating in a program of

8-29 special education pursuant to NRS 388.520, an explanation of the effect of

8-30 subsection 6 of NRS 392.466, including, without limitation, that if it is

8-31 determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is

8-32 not a manifestation of his disability, he may be suspended or expelled from

8-33 school in the same manner as a pupil without a disability; and

8-34 (e) If applicable, a summary of the provisions of subsection 4.

8-35 A school shall provide the notice required by this subsection for each

8-36 suspension on the record of a pupil during a school year. A school may

8-37 include the notice required by this subsection with notice that is otherwise

8-38 provided to the parent or legal guardian of a pupil which informs the parent

8-39 or legal guardian of the act committed by the pupil.

8-40 4. If a pupil is suspended for initiating a fight described in paragraph

8-41 (b) of subsection 1 and the fight is the first such fight that the pupil has

8-42 initiated during that school year, or if a pupil receives four suspensions on

8-43 his record within 1 school year, the school in which the pupil is enrolled

9-1 may develop, in consultation with the pupil and the parent or legal guardian

9-2 of the pupil, a plan of behavior for the pupil. Such a plan must be designed

9-3 to prevent the pupil from being deemed a habitual disciplinary problem and

9-4 may include, without limitation, a voluntary agreement by:

9-5 (a) The parent or legal guardian to attend school with his child.

9-6 (b) The pupil and his parent or legal guardian to attend counseling,

9-7 programs or services available in the school district or community.

9-8 (c) The pupil and his parent or legal guardian that the pupil will attend

9-9 summer school, intersession school or school on Saturday, if any of those

9-10 alternatives are offered by the school district.

9-11 If the pupil commits the same act for which notice was provided pursuant to

9-12 subsection 3 after he enters into a plan of behavior, the pupil shall be

9-13 deemed a habitual disciplinary problem.

9-14 5. If a pupil commits an act the commission of which qualifies him to

9-15 be deemed a habitual disciplinary problem pursuant to subsection 1, the

9-16 school shall provide written notice to the parent or legal guardian of the

9-17 pupil that contains:

9-18 (a) A description of the qualifying act and any previous such acts

9-19 committed by the pupil and the dates on which those acts were committed;

9-20 (b) An explanation that pursuant to subsection 3 of NRS 392.466, a pupil

9-21 who is a habitual disciplinary problem must be suspended or expelled from

9-22 school for a period equal to at least one school semester;

9-23 (c) If the pupil has a disability and is participating in a program of

9-24 special education pursuant to NRS 388.520, an explanation of the effect of

9-25 subsection 6 of NRS 392.466, including, without limitation, that if it is

9-26 determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is

9-27 not a manifestation of his disability, he may be suspended or expelled from

9-28 school in the same manner as a pupil without a disability; and

9-29 (d) If applicable, a summary of the provisions of subsection 6.

9-30 The school shall provide the notice at least 7 days before the school deems

9-31 the pupil a habitual disciplinary problem. A school may include the notice

9-32 required by this subsection with notice that is otherwise provided to the

9-33 parent or legal guardian of a pupil which informs the parent or legal

9-34 guardian of the act committed by the pupil.

9-35 6. Before a school deems a pupil a habitual disciplinary problem and

9-36 suspends or expels the pupil, the school may develop, in consultation with

9-37 the pupil and the parent or legal guardian of the pupil, a plan of behavior for

9-38 the pupil. Such a plan must be designed to prevent the pupil from being

9-39 deemed a habitual disciplinary problem and may include, without limitation,

9-40 a voluntary agreement by:

9-41 (a) The parent or legal guardian to attend school with his child.

9-42 (b) The pupil and his parent or legal guardian to attend counseling,

9-43 programs or services available in the school district or community.

10-1 (c) The pupil and his parent or legal guardian that the pupil will attend

10-2 summer school, intersession school or school on Saturday, if any of those

10-3 alternatives are offered by the school district.

10-4 If the pupil violates the conditions of the plan or commits the same act for

10-5 which notice was provided pursuant to subsection 5 after he enters into a

10-6 plan of behavior, the pupil shall be deemed a habitual disciplinary problem.

10-7 7. A pupil may, pursuant to the provisions of this section, enter into one

10-8 contract of behavior per school year.

10-9 8. The parent or legal guardian of a pupil who has entered into a plan

10-10 of behavior with a school pursuant to this section may appeal to the board

10-11 of trustees of the school district a determination made by the school

10-12 concerning the contents of the plan of behavior or action taken by the

10-13 school pursuant to the plan of behavior. Upon receipt of such a request, the

10-14 board of trustees of the school district shall review the determination in

10-15 accordance with the procedure established by the board of trustees for such

10-16 matters.

10-17 Sec. 15. 1. There is hereby appropriated from the state general fund

10-18 to the department of education:

10-19 For the fiscal year 1999-2000 $900,000

10-20 For the fiscal year 2000-2001 $900,000

10-21 2. The department shall apportion and allocate the money appropriated

10-22 pursuant to subsection 1 to each school district in proportion to the total

10-23 number of pupils enrolled in public schools within the school district.

10-24 3. The board of trustees of each school district shall use the money

10-25 allocated to the school district pursuant to subsection 2 to carry out the

10-26 provisions of sections 2 to 12, inclusive, of this act. The money allocated to

10-27 the school district pursuant to subsection 2 must not be used to:

10-28 (a) Settle or arbitrate disputes or negotiate settlements between an

10-29 organization that represents licensed employees of the school district and

10-30 the school district.

10-31 (b) Adjust the schedules of salaries and benefits of the employees of the

10-32 school district.

10-33 4. Any balance of the sums appropriated by subsection 1 remaining at

10-34 the end of the respective fiscal years must not be committed for expenditure

10-35 after June 30 of the respective fiscal years and reverts to the state general

10-36 fund as soon as all payments of money committed have been made.

10-37 Sec. 16. A pupil shall not be deemed a habitual disciplinary problem

10-38 pursuant to the amendatory provisions of section 14 of this act for any acts

10-39 committed by the pupil before July 1, 1999.

10-40 Sec. 17. 1. This section and section 15 of this act become effective

10-41 upon passage and approval.

11-1 2. Sections 1 to 13, inclusive, and 16 of this act become effective on

11-2 July 1, 1999.

11-3 3. Section 14 of this act becomes effective at 12:01 a.m. on July 1,

11-4 1999.