Assembly Amendment to Assembly Bill No. 521 (BDR 34-1328)
Proposed by: Committee on Ways and Means
Amendment Box: Replaces Amendment No. 1182. Resolves conflict with A.B. No. 14. Makes substantive changes.
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend sec. 4, page 1, line 9, by deleting "
the committee" and inserting "a committee".Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:
"Sec. 6.5.
The principal of each public school shall establish a plan to provide for progressive discipline of pupils and for on-site review of disciplinary decisions. The plan must:1. Be developed with the input and participation of teachers and support staff of the school and parents of pupils who are enrolled in the school.
2. Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463 and the provisions of sections 2 to 12, inclusive, of this act.
3. Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of the school.
".Amend sec. 7, page 2, line 18, by deleting "
a teacher;" and inserting:"
appropriate personnel of the school district;".Amend sec. 8, page 2, line 23, by deleting "
a" and inserting:"
at least one".Amend sec. 8, page 2, line 24, by deleting "
The committee" and inserting:"
A committee established pursuant to this section".Amend sec. 8, page 2, line 29, by deleting "
The committee" and inserting:"
A committee established pursuant to this section".Amend sec. 8, page 2, line 31, after "
in" by inserting "temporary".Amend sec. 8, page 2, line 33, by deleting "
the committee," and inserting:"
a committee established pursuant to this section,".Amend sec. 9, page 2, by deleting lines 36 through 38 and inserting:
"Sec. 9.
1. A teacher may remove from his classroom a pupil who, in the judgment of the teacher, engages in behavior that seriously interferes with the ability".Amend sec. 9, page 2, by deleting lines 41 and 42 and inserting:
"
from the classroom, the teacher shall notify the principal of the school on a form provided by the school district.".Amend sec. 9, page 3, by deleting lines 3 through 10 and inserting:
"
pursuant to subsection 1, the principal of the school shall notify the parent or legal guardian of the pupil within 24 hours and assign the pupil to either of the following temporary alternative placements:(a) Another appropriate classroom; or
(b) A period of suspension in school.
".Amend sec. 9, page 3, line 13, by deleting "
an" and inserting "a temporary".Amend sec. 9, page 3, line 16, by deleting "
an" and inserting "a temporary".Amend sec. 10, pages 3 and 4, by deleting lines 37 through 39 on page 3 and lines 1 and 2 on page 4, and inserting:
"
accommodate such a request. If the date of the conference is postponed pursuant to this subsection, the principal shall send written notice to the parent or legal guardian confirming that the conference has been postponed at the request of the parent or legal guardian.3. If the parent or legal guardian refuses to attend a conference, the principal shall send written notice to the parent or legal guardian confirming that the parent or legal guardian has waived the
".Amend sec. 10, page 4, line 4, by deleting "
determine" and inserting "recommend".Amend sec. 10, page 4, line 27, by deleting "
determine" and inserting "recommend".Amend sec. 10, page 4, line 28, before "
alternative" by inserting "temporary".Amend sec. 11, page 4, by deleting line 31 and inserting:
"
act, the principal recommends that a pupil be returned to the".Amend sec. 11, page 4, by deleting line 33 and inserting:
"
pupil does not agree with the recommendation, the principal shall".Amend sec. 11, page 4, line 34, before "
alternative" by inserting "temporary".Amend sec. 11, page 4, line 35, after "
committee." by inserting:"
The principal shall inform the parent or legal guardian of the pupil that the committee will be conducting a meeting.".Amend sec. 11, page 4, by deleting lines 36 through 38 and inserting:
"
circumstances of the pupil’s removal from the classroom and the pupil’s behavior that caused him to be removed from the classroom. Based upon its review, the committee".Amend sec. 11, page 5, line 10, by deleting "
classroom," and inserting "classroom and".Amend sec. 11, page 5, by deleting line 11 and inserting:
"
classroom. Based upon its".Amend sec. 11, page 5, line 27, by deleting "
classroom," and inserting "classroom and".Amend sec. 11, page 5, by deleting line 28 and inserting:
"
classroom. Based upon its".Amend sec. 11, page 5, line 35, by deleting:
"
subsections 4 and 5" and inserting "subsection 4".Amend sec. 12, page 5, line 37, by deleting "
an" and inserting "a pilot".Amend sec. 12, page 6, line 15, by deleting "
intensive".Amend sec. 12, page 6, line 29, by deleting "
shall," and inserting "shall".Amend sec. 12, page 6, by deleting line 30 and inserting:
"
confirm the placement of the".Amend sec. 12, page 6, by deleting lines 33 through 37.
Amend sec. 12, page 6, line 38, by deleting "
6." and inserting "5.".Amend sec. 12, page 6, by deleting line 43 and inserting:
"
pupil has access to all course work and requirements necessary for the pupil to graduate from high school; and".Amend sec. 12, page 7, between lines 3 and 4, by inserting:
"
6. On or before each regular session of the legislature, the department shall conduct an evaluation of alternative programs of education that are established pursuant to this section and submit a report concerning the evaluation to the director of the legislative counsel bureau for distribution to the legislature.".Amend sec. 13, page 7, line 18, after "
report" by inserting:"
within 1 school day".Amend sec. 13, page 7, by deleting lines 20 through 22 and inserting:
"
of the report to the parent or legal guardian of the pupil.".Amend sec. 14, page 7, by deleting lines 24 through 35 and inserting:
"392.4655 1. Except as otherwise provided in this section, a principal of a school shall deem a pupil enrolled in the school a habitual disciplinary problem if the school has written evidence which documents that in 1 school year:
(a) The pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or other personnel employed by the school;
(b) The pupil has been suspended for initiating at least two fights on school property, at an activity sponsored by a public school, on a school bus or, if the fight occurs within 1 hour of the beginning or end of a school day, on his way to or from school;
(c)
The pupil has been removed from the classroom pursuant to section 9 of this act at least four times; or(d)
The pupil has a record of2. At least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of the school deem a pupil a habitual disciplinary problem. Upon such a request, the principal of the school shall meet with each teacher who made the request to review the pupil’s record of discipline. If, after the review, the principal of the school determines that the provisions of subsection 1 do not apply to the pupil, a teacher who submitted a request pursuant to this subsection may appeal that determination to the board of trustees of the school district. Upon receipt of such a request, the board of trustees shall review the initial request and determination pursuant to the procedure established by the board of trustees for such matters.
3. If a pupil is suspended for initiating a fight described in paragraph (b) of subsection 1 and the fight is the first such fight that the pupil has initiated during that school year, or if a pupil receives one suspension on his record, the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil that contains:
(a) A description of the acts committed by the pupil and the dates on which those acts were committed;
(b) An explanation that if the pupil is suspended for initiating one additional fight or if the pupil receives five suspensions on his record during the current school year, he will be deemed a habitual disciplinary problem;
(c) An explanation that, pursuant to subsection 3 of NRS 392.466, a pupil who is deemed a habitual disciplinary problem must be suspended or expelled from school for a period equal to at least one school semester;
(d) If the pupil has a disability and is participating in a program of special education pursuant to NRS 388.520, an explanation of the effect of subsection 6 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is not a manifestation of his disability, he may be suspended or expelled from school in the same manner as a pupil without a disability; and
(e) If applicable, a summary of the provisions of subsection 4.
A school shall provide the notice required by this subsection for each suspension on the record of a pupil during a school year. A school may include the notice required by this subsection with notice that is otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of the act committed by the pupil.
4. If a pupil is suspended for initiating a fight described in paragraph (b) of subsection 1 and the fight is the first such fight that the pupil has initiated during that school year, or if a pupil receives four suspensions on his record within 1 school year, the school in which the pupil is enrolled may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation, a voluntary agreement by:
(a) The parent or legal guardian to attend school with his child.
(b) The pupil and his parent or legal guardian to attend counseling, programs or services available in the school district or community.
(c) The pupil and his parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.
If the pupil commits the same act for which notice was provided pursuant to subsection 3 after he enters into a plan of behavior, the pupil shall be deemed a habitual disciplinary problem.
5. If a pupil commits an act the commission of which qualifies him to be deemed a habitual disciplinary problem pursuant to subsection 1, the school shall provide written notice to the parent or legal guardian of the pupil that contains:
(a) A description of the qualifying act and any previous such acts committed by the pupil and the dates on which those acts were committed;
(b) An explanation that pursuant to subsection 3 of NRS 392.466, a pupil who is a habitual disciplinary problem must be suspended or expelled from school for a period equal to at least one school semester;
(c) If the pupil has a disability and is participating in a program of special education pursuant to NRS 388.520, an explanation of the effect of subsection 6 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is not a manifestation of his disability, he may be suspended or expelled from school in the same manner as a pupil without a disability; and
(d) If applicable, a summary of the provisions of subsection 6.
The school shall provide the notice at least 7 days before the school deems the pupil a habitual disciplinary problem. A school may include the notice required by this subsection with notice that is otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of the act committed by the pupil.
6. Before a school deems a pupil a habitual disciplinary problem and suspends or expels the pupil, the school may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation, a voluntary agreement by:
(a) The parent or legal guardian to attend school with his child.
(b) The pupil and his parent or legal guardian to attend counseling, programs or services available in the school district or community.
(c) The pupil and his parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.
If the pupil violates the conditions of the plan or commits the same act for which notice was provided pursuant to subsection 5 after he enters into a plan of behavior, the pupil shall be deemed a habitual disciplinary problem.
7. A pupil may, pursuant to the provisions of this section, enter into one contract of behavior per school year.
8. The parent or legal guardian of a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal to the board of trustees of the school district a determination made by the school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.".
Amend sec. 15, pages 7 and 8, by deleting lines 40 through 43 on page 7 and lines 1 through 19 on page 8, and inserting:
"2. The department shall apportion and allocate the money appropriated pursuant to subsection 1 to each school district in proportion to the total number of pupils enrolled in public schools within the school district.
3. The board of trustees of each school district shall use the money allocated to the school district pursuant to subsection 2 to carry out the provisions of sections 2 to 12, inclusive, of this act. The money allocated to the school district pursuant to subsection 2 must not be used to:".
Amend sec. 15, page 8, line 25, by deleting "7." and inserting "4.".
Amend sec. 17, page 8, by deleting lines 34 and 35 and inserting:
"2. Sections 1 to 13, inclusive, and 16 of this act become effective on July 1, 1999.
3. Section 14 of this act becomes effective at 12:01 a.m. on July 1, 1999.".