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 8, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the

1-4 context otherwise requires, "principal" means the principal of a school

1-5 or his designee.

1-6 Sec. 3. The principal of each public school shall establish a plan to

1-7 provide for the progressive discipline of pupils and on-site review of

1-8 disciplinary decisions. The plan must:

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

2-2 parents of pupils who are enrolled in the school.

2-3 2. Be consistent with the written rules of behavior prescribed in

2-4 accordance with NRS 392.463.

2-5 3. Include, without limitation, provisions designed to address the

2-6 specific disciplinary needs and concerns of the school.

2-7 4. Provide for the temporary removal of a pupil from a classroom in

2-8 accordance with section 4 of this act.

2-9 Sec. 4. 1. The plan established pursuant to section 3 of this act

2-10 must provide for the temporary removal of a pupil from a classroom if, in

2-11 the judgment of the teacher, the pupil has engaged in behavior that

2-12 seriously interferes with the ability of the teacher to teach the other pupils

2-13 in the classroom and with the ability of the other pupils to learn. The

2-14 plan must provide that, upon the removal of a pupil from a classroom

2-15 pursuant to this section, the principal of the school shall provide an

2-16 explanation of the reason for the removal of the pupil to the pupil and

2-17 offer the pupil an opportunity to respond to the explanation. Within 24

2-18 hours after the removal of a pupil pursuant to this section, the principal

2-19 of the school shall notify the parent or legal guardian of the pupil of the

2-20 removal.

2-21 2. Except as otherwise provided in subsection 3, a pupil who is

2-22 removed from a classroom pursuant to this section must be assigned to a

2-23 temporary alternative placement pursuant to which the pupil:

2-24 (a) Is separated, to the extent practicable, from pupils who are not

2-25 assigned to a temporary alternative placement;

2-26 (b) Studies under the supervision of appropriate personnel of the

2-27 school district; and

2-28 (c) Is prohibited from engaging in any extracurricular activity

2-29 sponsored by the school.

2-30 3. The principal shall not assign a pupil to a temporary alternative

2-31 placement if the suspension or expulsion of a pupil who is removed from

2-32 the classroom pursuant to this section is:

2-33 (a) Required by NRS 392.466; or

2-34 (b) Authorized by NRS 392.467 and the principal decides to proceed

2-35 in accordance with that section.

2-36 If the principal proceeds in accordance with NRS 392.466 or 392.467,

2-37 the pupil must be removed from school in accordance with those sections

2-38 and the provisions of sections 2 to 8, inclusive, of this act do not apply to

2-39 the pupil.

2-40 Sec. 5. 1. Except as otherwise provided in this section, not later

2-41 than 3 school days after a pupil is removed from a classroom pursuant to

2-42 section 4 of this act, a conference must be held with:

2-43 (a) The pupil;

3-1 (b) A parent or legal guardian of the pupil;

3-2 (c) The principal of the school; and

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

3-4 The principal shall give an oral or written notice of the conference, as

3-5 appropriate, to each person who is required to participate.

3-6 2. After receipt of the notice required pursuant to subsection 1, the

3-7 parent or legal guardian of the pupil may, not later than 3 school days

3-8 after the removal of the pupil, request that the date of the conference be

3-9 postponed. The principal shall accommodate such a request. If the date

3-10 of the conference is postponed pursuant to this subsection, the principal

3-11 shall send written notice to the parent or legal guardian confirming that

3-12 the conference has been postponed at the request of the parent or legal

3-13 guardian.

3-14 3. If a parent or legal guardian of a pupil refuses to attend a

3-15 conference, the principal of the school shall send a written notice to the

3-16 parent or legal guardian confirming that the parent or legal guardian

3-17 has waived the right to a conference provided by this section and

3-18 authorized the principal to recommend the placement of the pupil

3-19 pursuant to subsection 6.

3-20 4. Except as otherwise provided in this subsection, a pupil must not

3-21 return to the classroom from which he was removed before the

3-22 conference is held. If the conference is not held within 3 school days

3-23 after the removal of the pupil, the pupil must be allowed to return to the

3-24 classroom unless:

3-25 (a) The parent or legal guardian of the pupil refuses to attend the

3-26 conference;

3-27 (b) The failure to hold a conference is attributed to the action or

3-28 inaction of the pupil or the parent or legal guardian of the pupil; or

3-29 (c) The parent or legal guardian requested that the date of the

3-30 conference be postponed.

3-31 5. During the conference, the teacher who removed the pupil from

3-32 the classroom or the principal shall provide the pupil and his parent or

3-33 legal guardian with an explanation of the reason for the removal of the

3-34 pupil from the classroom. The pupil and his parent or legal guardian

3-35 must be granted an opportunity to respond to the explanation of the

3-36 pupil’s behavior and to indicate whether the removal of the pupil from

3-37 the classroom was appropriate in their opinion based upon the behavior

3-38 of the pupil.

3-39 6. Upon conclusion of the conference or, if a conference is not held

3-40 pursuant to subsection 3 not later than 3 school days after the removal of

3-41 a pupil from a classroom, the principal shall recommend whether to

3-42 return the pupil to the classroom or continue the temporary alternative

3-43 placement of the pupil.

4-1 Sec. 6. 1. The principal of each public school shall establish at

4-2 least one committee to review the temporary alternative placement of

4-3 pupils. A committee established pursuant to this section must consist of

4-4 the principal and two regular members who are teachers selected for

4-5 membership by a majority of the teachers who are employed at the

4-6 school. One additional teacher must be selected in the same manner to

4-7 serve as an alternate member.

4-8 2. If a pupil is removed from the classroom pursuant to section 4 of

4-9 this act by a teacher who is a member of a committee established

4-10 pursuant to this section, the teacher shall not participate in the review of

4-11 the placement of the pupil and the alternate member shall serve on the

4-12 committee for that review.

4-13 Sec. 7. If, in accordance with subsection 6 of section 5 of this act,

4-14 the principal recommends that a pupil be returned to the classroom from

4-15 which he was removed and the teacher who removed the pupil does not

4-16 agree with the recommendation, the principal shall continue the

4-17 temporary alternative placement of the pupil and shall immediately

4-18 convene a meeting of the committee created pursuant to section 6 of this

4-19 act. The principal shall inform the parent or legal guardian of the pupil

4-20 that the committee will be conducting a meeting. The committee shall

4-21 review the circumstances of the pupil’s removal from the classroom and

4-22 the pupil’s behavior that caused him to be removed from the classroom.

4-23 Based upon its review, the committee shall assess the best placement

4-24 available for the pupil and shall, without limitation:

4-25 1. Direct that the pupil be returned to the classroom from which he

4-26 was removed;

4-27 2. Assign the pupil to another appropriate classroom;

4-28 3. Assign the pupil to an alternative program of education, if

4-29 available;

4-30 4. Recommend the suspension or expulsion of the pupil in

4-31 accordance with NRS 392.467; or

4-32 5. Take any other appropriate disciplinary action against the pupil

4-33 that the committee deems necessary.

4-34 Sec. 8. An action must not be taken pursuant to the provisions of

4-35 sections 2 to 8, inclusive, of this act against a pupil with a disability who

4-36 is participating in a program of special education pursuant to NRS

4-37 388.440 to 388.520, inclusive, unless the action complies with:

4-38 1. The Individuals with Disabilities Education Act, 20 U.S.C. §§

4-39 1400 et seq.;

4-40 2. The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101

4-41 et seq.;

4-42 3. Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq.;

4-43 4. Any other federal law applicable to children with disabilities; and

5-1 5. The procedural policy adopted by the board of trustees of the

5-2 school district for such matters.

5-3 Sec. 9. 1. The superintendent of public instruction shall establish a

5-4 pilot project for alternative programs of education for disruptive pupils.

5-5 2. The superintendent of public instruction shall select eight schools to

5-6 participate in the pilot project, which must include:

5-7 (a) One elementary school located in a rural area;

5-8 (b) One secondary school located in a rural area;

5-9 (c) Two elementary schools located in an urban area;

5-10 (d) Two middle schools located in an urban area; and

5-11 (e) Two high schools located in an urban area.

5-12 3. Each school selected pursuant to subsection 2 shall establish an

5-13 alternative program of education for disruptive pupils, which may be

5-14 located on the grounds of the school or at another location. The alternative

5-15 program must:

5-16 (a) Be provided in a setting outside the regular classroom of the pupil;

5-17 (b) Ensure that pupils who are participating in the program are separated

5-18 from pupils who are not participating in the program;

5-19 (c) Provide supervision of and counseling to pupils who participate in

5-20 the program;

5-21 (d) Provide and emphasize instruction in language arts, mathematics,

5-22 science and history, as appropriate to the grade level of the pupils

5-23 participating in the program; and

5-24 (e) Provide and emphasize training in self-discipline.

5-25 Sec. 10. 1. There is hereby appropriated from the state general fund

5-26 to the department of education for the pilot project established pursuant to

5-27 section 9 of this act:

5-28 For the fiscal year 1999-2000 $500,000

5-29 For the fiscal year 2000-2001 $500,000

5-30 2. The department shall allocate the money appropriated pursuant to

5-31 subsection 1 to the schools selected pursuant to section 9 of this act.

5-32 3. The money allocated to the schools selected pursuant to section 9 of

5-33 this act must not be used by those schools to:

5-34 (a) Settle or arbitrate disputes or negotiate settlements between an

5-35 organization that represents licensed employees of the school district and

5-36 the school district; or

5-37 (b) Adjust the schedules of salaries and benefits of the employees of the

5-38 school district.

5-39 4. Any balance of the sums appropriated by subsection 1 remaining at

5-40 the end of the respective fiscal years must not be committed for expenditure

5-41 after June 30 of the respective fiscal years and reverts to the state general

5-42 fund as soon all payments of money committed have been made.

6-1 Sec. 11. 1. On or before October 1, 2000, the schools selected

6-2 pursuant to section 9 of this act shall report to the department of education

6-3 for the period ending September 1, 2000:

6-4 (a) The manner in which the alternative program that the school

6-5 established pursuant to section 9 of this act was carried out;

6-6 (b) The expenditures made by the school for the alternative program;

6-7 (c) The number of pupils who were removed temporarily from the

6-8 classroom pursuant to section 4 of this act and the number of those pupils

6-9 who were permanently removed from the classroom;

6-10 (d) The reasons for which pupils were removed from the classroom

6-11 pursuant to section 4 of this act;

6-12 (e) The average length of time during which pupils who were removed

6-13 from the classroom pursuant to section 4 of this act remained out of the

6-14 classroom;

6-15 (f) The number of disciplinary referrals, suspensions and expulsions that

6-16 occurred at the school before and after the establishment of the alternative

6-17 program; and

6-18 (g) An analysis of the academic achievement and performance of the

6-19 pupils before and after the pupils participated in the alternative program.

6-20 2. The department of education shall evaluate the effectiveness of the

6-21 pilot project for alternative programs of education for disruptive pupils

6-22 established pursuant to section 9 of this act based on the reports submitted

6-23 by the schools pursuant to subsection 1. In addition, the department shall

6-24 solicit and analyze data from schools that were not included in the pilot

6-25 project but have established alternative programs of education for

6-26 disruptive pupils. The department may spend not more than $10,000 of the

6-27 amount appropriated pursuant to section 10 of this act during the fiscal

6-28 years 1999-2001 to hire a contractor to assist with the evaluation.

6-29 3. After conducting an evaluation pursuant to subsection 2, the

6-30 department of education shall submit a report of its findings to the

6-31 legislative committee on education created pursuant to NRS 218.5352 on

6-32 or before November 1, 2000, and shall submit a final report to the director

6-33 of the legislative counsel bureau for transmission to the next regular session

6-34 of the legislature on or before February 15, 2001.

6-35 Sec. 12. 1. This section and section 10 of this act become effective

6-36 upon passage and approval.

6-37 2. Sections 1 to 9, inclusive, and 11 of this act become effective on

6-38 July 1, 1999.