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

 

CHAPTER..........

 

AN ACT relating to pupils; revising provisions governing the suspension and expulsion of pupils for possession of a dangerous weapon; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

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

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

the school [,]or who sells or distributes any controlled substance [or is

found in possession of a dangerous weapon,] whileon the premises of any

public school, at an activity sponsored by a public school or on any school

bus must, for the first occurrence, be suspended or expelled from that

school, although he may be placed in another kind of school, for at least a

period equal to one semester for that school. For a second occurrence, the

pupil must:

   (a) Be permanently expelled from that school; and

   (b) Receive equivalent instruction authorized by the state board

pursuant to subsection 1 of NRS 392.070.

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

in possession of a firearm or a dangerous weapon while on the premises of

any public school, at an activity sponsored by a public school or on any

school bus must, for the first occurrence, be expelled from the school for a

period of not less than 1 year, although he may be placed in another kind of

school for a period not to exceed the period of the expulsion. For a second

occurrence, the pupil must:

   (a) Be permanently expelled from the school; and

   (b) Receive equivalent instruction authorized by the state board

pursuant to subsection 1 of NRS 392.070.

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

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

expulsion requirement of this subsection.

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

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

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

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

pupil must receive equivalent instruction authorized by the state board

pursuant to subsection 1 of NRS 392.070.

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

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

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

regulations adopted by the board of trustees of the school district.

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

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

suspended from school or permanently expelled from school pursuant to

this section only after the board of trustees of the school district has

reviewed the circumstances and approved this action in accordance with

the procedural policy adopted by the board for such issues.

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

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

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

trustees of the school district for such matters, be:

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

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

each occurrence of conduct proscribed by subsection 1.

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

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

trustees of the school district has reviewed the circumstances and

determined that the action is in compliance with the Individuals with

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

   7.  As used in this section:

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

subsection 1 of NRS 200.481.

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

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

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

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

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

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

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

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

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

July 1, 1995.

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

 

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