Amendment No. 1229

Senate Amendment to Assembly Bill No. 521 Second Reprint (BDR 34-1328)

Proposed by: Committee on Finance

Amendment Box: Resolves conflict with A.B. No. 14.

Resolves Conflicts with: AB14

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by deleting sections 1 through 17 and adding new sections designated sections 1 through 12, following the enacting clause, to read as follows:

"Section 1. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, "principal" means the principal of a school or his designee.

Sec. 3. The principal of each public school shall establish a plan to provide for the progressive discipline of pupils and on-site review of disciplinary decisions. The plan must:

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

3. Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of the school.

4. Provide for the temporary removal of a pupil from a classroom in accordance with section 4 of this act.

Sec. 4. 1. The plan established pursuant to section 3 of this act must provide for the temporary removal of a pupil from a classroom if, in the judgment of the teacher, the pupil has engaged in behavior that seriously interferes with the ability of the teacher to teach the other pupils in the classroom and with the ability of the other pupils to learn. The plan must provide that, upon the removal of a pupil from a classroom pursuant to this section, the principal of the school shall provide an explanation of the reason for the removal of the pupil to the pupil and offer the pupil an opportunity to respond to the explanation. Within 24 hours after the removal of a pupil pursuant to this section, the principal of the school shall notify the parent or legal guardian of the pupil of the removal.

2. Except as otherwise provided in subsection 3, a pupil who is removed from a classroom pursuant to this section must be assigned to a temporary alternative placement pursuant to which the pupil:

(a) Is separated, to the extent practicable, from pupils who are not assigned to a temporary alternative placement;

(b) Studies under the supervision of appropriate personnel of the school district; and

(c) Is prohibited from engaging in any extracurricular activity sponsored by the school.

3. The principal shall not assign a pupil to a temporary alternative placement if the suspension or expulsion of a pupil who is removed from the classroom pursuant to this section is:

(a) Required by NRS 392.466; or

(b) Authorized by NRS 392.467 and the principal decides to proceed in accordance with that section.

If the principal proceeds in accordance with NRS 392.466 or 392.467, the pupil must be removed from school in accordance with those sections and the provisions of sections 2 to 8, inclusive, of this act do not apply to the pupil.

Sec. 5. 1. Except as otherwise provided in this section, not later than 3 school days after a pupil is removed from a classroom pursuant to section 4 of this act, a conference must be held with:

(a) The pupil;

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

(c) The principal of the school; and

(d) The teacher who removed the pupil.

The principal shall give an oral or written notice of the conference, as appropriate, to each person who is required to participate.

2. After receipt of the notice required pursuant to subsection 1, the parent or legal guardian of the pupil may, not later than 3 school days after the removal of the pupil, request that the date of the conference be postponed. The principal shall 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 a parent or legal guardian of a pupil refuses to attend a conference, the principal of the school shall send a written notice to the parent or legal guardian confirming that the parent or legal guardian has waived the right to a conference provided by this section and authorized the principal to recommend the placement of the pupil pursuant to subsection 6.

4. Except as otherwise provided in this subsection, a pupil must not return to the classroom from which he was removed before the conference is held. If the conference is not held within 3 school days after the removal of the pupil, the pupil must be allowed to return to the classroom unless:

(a) The parent or legal guardian of the pupil refuses to attend the conference;

(b) The failure to hold a conference is attributed to the action or inaction of the pupil or the parent or legal guardian of the pupil; or

(c) The parent or legal guardian requested that the date of the conference be postponed.

5. During the conference, the teacher who removed the pupil from the classroom or the principal shall provide the pupil and his parent or legal guardian with an explanation of the reason for the removal of the pupil from the classroom. The pupil and his parent or legal guardian must be granted an opportunity to respond to the explanation of the pupil’s behavior and to indicate whether the removal of the pupil from the classroom was appropriate in their opinion based upon the behavior of the pupil.

6. Upon conclusion of the conference or, if a conference is not held pursuant to subsection 3 not later than 3 school days after the removal of a pupil from a classroom, the principal shall recommend whether to return the pupil to the classroom or continue the temporary alternative placement of the pupil.

Sec. 6. 1. The principal of each public school shall establish at least one committee to review the temporary alternative placement of pupils. A committee established pursuant to this section must consist of the principal and two regular members who are teachers selected for membership by a majority of the teachers who are employed at the school. One additional teacher must be selected in the same manner to serve as an alternate member.

2. If a pupil is removed from the classroom pursuant to section 4 of this act by a teacher who is a member of a committee established pursuant to this section, the teacher shall not participate in the review of the placement of the pupil and the alternate member shall serve on the committee for that review.

Sec. 7. If, in accordance with subsection 6 of section 5 of this act, the principal recommends that a pupil be returned to the classroom from which he was removed and the teacher who removed the pupil does not agree with the recommendation, the principal shall continue the temporary alternative placement of the pupil and shall immediately convene a meeting of the committee created pursuant to section 6 of this act. The principal shall inform the parent or legal guardian of the pupil that the committee will be conducting a meeting. The committee shall review the 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 shall assess the best placement available for the pupil and shall, without limitation:

1. Direct that the pupil be returned to the classroom from which he was removed;

2. Assign the pupil to another appropriate classroom;

3. Assign the pupil to an alternative program of education, if available;

4. Recommend the suspension or expulsion of the pupil in accordance with NRS 392.467; or

5. Take any other appropriate disciplinary action against the pupil that the committee deems necessary.

Sec. 8. An action must not be taken pursuant to the provisions of sections 2 to 8, inclusive, of this act against a pupil with a disability who is participating in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, unless the action complies with:

1. The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;

2. The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.;

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

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

5. The procedural policy adopted by the board of trustees of the school district for such matters.

Sec. 9. 1. The superintendent of public instruction shall establish a pilot project for alternative programs of education for disruptive pupils.

2. The superintendent of public instruction shall select eight schools to participate in the pilot project, which must include:

(a) One elementary school located in a rural area;

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

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

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

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

3. Each school selected pursuant to subsection 2 shall establish an alternative program of education for disruptive pupils, which may be located on the grounds of the school or at another location. The alternative program must:

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

(b) Ensure that pupils who are participating in the program are separated from pupils who are not participating in the program;

(c) Provide supervision of and counseling to pupils who participate in the program;

(d) Provide and emphasize instruction in language arts, mathematics, science and history, as appropriate to the grade level of the pupils participating in the program; and

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

Sec. 10. 1. There is hereby appropriated from the state general fund to the department of education for the pilot project established pursuant to section 9 of this act:

For the fiscal year 1999-2000 $500,000

For the fiscal year 2000-2001 $500,000

2. The department shall allocate the money appropriated pursuant to subsection 1 to the schools selected pursuant to section 9 of this act.

3. The money allocated to the schools selected pursuant to section 9 of this act must not be used by those schools to:

(a) Settle or arbitrate disputes or negotiate settlements between an organization that represents licensed employees of the school district and the school district; or

(b) Adjust the schedules of salaries and benefits of the employees of the school district.

4. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon all payments of money committed have been made.

Sec. 11. 1. On or before October 1, 2000, the schools selected pursuant to section 9 of this act shall report to the department of education for the period ending September 1, 2000:

(a) The manner in which the alternative program that the school established pursuant to section 9 of this act was carried out;

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

(c) The number of pupils who were removed temporarily from the classroom pursuant to section 4 of this act and the number of those pupils who were permanently removed from the classroom;

(d) The reasons for which pupils were removed from the classroom pursuant to section 4 of this act;

(e) The average length of time during which pupils who were removed from the classroom pursuant to section 4 of this act remained out of the classroom;

(f) The number of disciplinary referrals, suspensions and expulsions that occurred at the school before and after the establishment of the alternative program; and

(g) An analysis of the academic achievement and performance of the pupils before and after the pupils participated in the alternative program.

2. The department of education shall evaluate the effectiveness of the pilot project for alternative programs of education for disruptive pupils established pursuant to section 9 of this act based on the reports submitted by the schools pursuant to subsection 1. In addition, the department shall solicit and analyze data from schools that were not included in the pilot project but have established alternative programs of education for disruptive pupils. The department may spend not more than $10,000 of the amount appropriated pursuant to section 10 of this act during the fiscal years 1999-2001 to hire a contractor to assist with the evaluation.

3. After conducting an evaluation pursuant to subsection 2, the department of education shall submit a report of its findings to the legislative committee on education created pursuant to NRS 218.5352 on or before November 1, 2000, and shall submit a final report to the director of the legislative counsel bureau for transmission to the next regular session of the legislature on or before February 15, 2001.

Sec. 12. 1. This section and section 10 of this act become effective upon passage and approval.

2. Sections 1 to 9, inclusive, and 11 of this act become effective on July 1, 1999.".

Amend the title of the bill by deleting the second line and inserting:

"requiring the superintendent of public instruction to establish a pilot project for alternative programs of education for disruptive pupils; requiring certain selected schools to participate in the pilot project and establish alternative programs of education for disruptive pupils; making an appropriation; and providing other matters properly relating thereto.".