Senate Bill No. 115–Committee on Human
Resources and Facilities

(On Behalf of Nevada Association of School Boards)

February 13, 2001

____________

Referred to Committee on Human Resources and Facilities

SUMMARY—Provides exception under certain circumstances to requirement that certain pupils be suspended or expelled. (BDR 34‑381)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

~

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).

AN ACT relating to pupils; providing an exception under certain circumstances to the requirement that certain pupils be suspended or expelled; 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 The superintendent of schools of a school district may, for good cause

1-15 shown in a particular case in that school district, allow an exception to

1-16 the suspension or expulsion requirement of this subsection.

1-17 2. Except as otherwise provided in this section, any pupil who is found

1-18 in possession of a firearm while on the premises of any public school, at an

1-19 activity sponsored by a public school or on any school bus must, for the

2-1 first occurrence, be expelled from the school for a period of not less than 1

2-2 year, although he may be placed in another kind of school for a period not

2-3 to exceed the period of the expulsion. For a second occurrence, the pupil

2-4 must:

2-5 (a) Be permanently expelled from the school; and

2-6 (b) Receive equivalent instruction authorized by the state board

2-7 pursuant to subsection 1 of NRS 392.070.

2-8 The superintendent of schools of a school district may, for good cause

2-9 shown in a particular case in that school district, allow an exception to the

2-10 expulsion requirement of this subsection.

2-11 3. Except as otherwise provided in this section, if a pupil is deemed a

2-12 habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be

2-13 suspended or expelled from the school for a period equal to at least one

2-14 semester for that school. For the period of his suspension or expulsion, the

2-15 pupil must receive equivalent instruction authorized by the state board

2-16 pursuant to subsection 1 of NRS 392.070.

2-17 4. This section does not prohibit a pupil from having in his possession

2-18 a knife or firearm with the approval of the principal of the school. A

2-19 principal may grant such approval only in accordance with the policies or

2-20 regulations adopted by the board of trustees of the school district.

2-21 5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been

2-22 found to have possessed a firearm in violation of subsection 2, may be

2-23 suspended from school or permanently expelled from school pursuant to

2-24 this section only after the board of trustees of the school district has

2-25 reviewed the circumstances and approved this action in accordance with

2-26 the procedural policy adopted by the board for such issues.

2-27 6. A pupil who is participating in a program of special education

2-28 pursuant to NRS 388.520, other than a pupil who is gifted and talented,

2-29 may, in accordance with the procedural policy adopted by the board of

2-30 trustees of the school district for such matters, be:

2-31 (a) Suspended from school pursuant to this section for not more than 10

2-32 days. Such a suspension may be imposed pursuant to this paragraph for

2-33 each occurrence of conduct proscribed by subsection 1.

2-34 (b) Suspended from school for more than 10 days or permanently

2-35 expelled from school pursuant to this section only after the board of

2-36 trustees of the school district has reviewed the circumstances and

2-37 determined that the action is in compliance with the Individuals with

2-38 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

2-39 7. As used in this section:

2-40 (a) “Battery” has the meaning ascribed to it in paragraph (a) of

2-41 subsection 1 of NRS 200.481.

2-42 (b) “Dangerous weapon” includes, without limitation, a blackjack, slung

2-43 shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku,

2-44 switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or

2-45 any other knife described in NRS 202.350, or any other object which is

2-46 used, or threatened to be used, in such a manner and under such

2-47 circumstances as to pose a threat of, or cause, bodily injury to a person.

3-1 (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun,

3-2 explosive substance or device, and any other item included within the

3-3 definition of a “firearm” in 18 U.S.C. § 921, as that section existed on
July 1, 1995.

3-4 Sec. 2. This act becomes effective on July 1, 2001.

3-5 H