Assembly Bill No. 213–Committee on Education

 

(On Behalf of Legislative Committee on Education)

 

February 22, 2001

____________

 

Referred to Committee on Education

 

SUMMARY—Revises provisions governing discipline of pupils. (BDR 34‑217)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to pupils; authorizing school districts to enroll pupils who are deemed habitual disciplinary problems in alternative programs of instruction; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 392.466 is hereby amended to read as follows:

1-2    392.466  1.  Except as otherwise provided in this section, any pupil

1-3  who commits a battery which results in the bodily injury of an employee of

1-4  the school, sells or distributes any controlled substance or is found in

1-5  possession of a dangerous weapon, while on the premises of any public

1-6  school, at an activity sponsored by a public school or on any school bus

1-7  must, for the first occurrence, be suspended or expelled from that school,

1-8  although he may be placed in another kind of school, for at least a period

1-9  equal to one semester for that school. For a second occurrence, the pupil

1-10  must:

1-11    (a) Be permanently expelled from that school; and

1-12    (b) Receive equivalent instruction authorized by the state board

1-13  pursuant to subsection 1 of NRS 392.070.

1-14    2.  Except as otherwise provided in this section, any pupil who is found

1-15  in possession of a firearm while on the premises of any public school, at an

1-16  activity sponsored by a public school or on any school bus must, for the

1-17  first occurrence, be expelled from the school for a period of not less than 1

1-18  year, although he may be placed in another kind of school for a period not

1-19  to exceed the period of the expulsion. For a second occurrence, the pupil

1-20  must:

1-21    (a) Be permanently expelled from the school; and

2-1    (b) Receive equivalent instruction authorized by the state board

2-2  pursuant to subsection 1 of NRS 392.070.

2-3  The superintendent of schools of a school district may, in a particular case

2-4  in that school district, allow an exception to the expulsion requirement of

2-5  this subsection.

2-6    3.  Except as otherwise provided in this section, if a pupil is deemed a

2-7  habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be

2-8  suspended or expelled from the school for a period equal to at least one

2-9  semester for that school. For the period of his suspension or expulsion, the

2-10  pupil must [receive] :

2-11    (a) Upon the approval of the school district, enroll in a program

2-12  pursuant to subsection 2 of NRS 392.4675; or

2-13    (b) Receive equivalent instruction authorized by the state board

2-14  pursuant to subsection 1 of NRS 392.070.

2-15    4.  This section does not prohibit a pupil from having in his possession

2-16  a knife or firearm with the approval of the principal of the school. A

2-17  principal may grant such approval only in accordance with the policies or

2-18  regulations adopted by the board of trustees of the school district.

2-19    5.  Any pupil in grades 1 to 6, inclusive, except a pupil who has been

2-20  found to have possessed a firearm in violation of subsection 2, may be

2-21  suspended from school or permanently expelled from school pursuant to

2-22  this section only after the board of trustees of the school district has

2-23  reviewed the circumstances and approved this action in accordance with

2-24  the procedural policy adopted by the board for such issues.

2-25    6.  A pupil who is participating in a program of special education

2-26  pursuant to NRS 388.520, other than a pupil who is gifted and talented,

2-27  may, in accordance with the procedural policy adopted by the board of

2-28  trustees of the school district for such matters, be:

2-29    (a) Suspended from school pursuant to this section for not more than 10

2-30  days. Such a suspension may be imposed pursuant to this paragraph for

2-31  each occurrence of conduct proscribed by subsection 1.

2-32    (b) Suspended from school for more than 10 days or permanently

2-33  expelled from school pursuant to this section only after the board of

2-34  trustees of the school district has reviewed the circumstances and

2-35  determined that the action is in compliance with the Individuals with

2-36  Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

2-37    7.  As used in this section:

2-38    (a) “Battery” has the meaning ascribed to it in paragraph (a) of

2-39  subsection 1 of NRS 200.481.

2-40    (b) “Dangerous weapon” includes, without limitation, a blackjack, slung

2-41  shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku,

2-42  switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or

2-43  any other knife described in NRS 202.350, or any other object which is

2-44  used, or threatened to be used, in such a manner and under such

2-45  circumstances as to pose a threat of, or cause, bodily injury to a person.

2-46    (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun,

2-47  explosive substance or device, and any other item included within the

2-48  definition of a “firearm” in 18 U.S.C. § 921, as that section existed on
July 1, 1995.

3-1    Sec. 2. NRS 392.4675 is hereby amended to read as follows:

3-2    392.4675  1.  Except as otherwise provided in this section, a pupil

3-3  who is suspended or expelled from:

3-4    (a) Any public school in this state pursuant to NRS 392.466; or

3-5    (b) Any school outside of this state for the commission of any act

3-6  which, if committed within this state, would be a ground for suspension or

3-7  expulsion from public school pursuant to NRS 392.466,

3-8  is ineligible to attend any public school in this state during the period of

3-9  that suspension or expulsion.

3-10    2.  Except as otherwise provided in subsection 3, a school district may

3-11  allow a pupil who is ineligible to attend a public school pursuant to this

3-12  section to enroll in:

3-13    (a) An alternative program for the education of pupils at risk of

3-14  dropping out of high school; or

3-15    (b) Any program of instruction offered pursuant to the provisions of

3-16  NRS 388.550.

3-17  A school district may conduct an investigation of the background of any

3-18  such pupil to determine if the educational needs of the pupil may be

3-19  satisfied without undue disruption to the program. If an investigation is

3-20  conducted, the board of trustees of the school district shall, based on the

3-21  results of the investigation, determine if the pupil will be allowed to enroll

3-22  in such a program.

3-23    3.  The provisions of subsection 2 do not authorize the enrollment in

3-24  such a program of a pupil who is[:

3-25    (a) Expelled] expelled for a second occurrence of a violation pursuant to

3-26  subsections 1 or 2 of NRS 392.466 . [; or

3-27    (b) Suspended or expelled pursuant to subsection 3 of NRS 392.466.]

3-28    Sec. 3.  This act becomes effective on July 1, 2001.

 

3-29  H