(REPRINTED WITH ADOPTED AMENDMENTS)

 

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—Revises provisions governing suspension and expulsion of pupils. (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.

 

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:

 

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

1-5  found in possession of a dangerous weapon,] whileon the premises of any

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

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

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

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

1-10  pupil 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 or a dangerous weapon while on the premises of

1-16  any public school, at an activity sponsored by a public school or on any

1-17  school bus must, for the first occurrence, be expelled from the school for a

1-18  period of not less than 1 year, although he may be placed in another kind of

2-1  school for a period not to exceed the period of the expulsion. For a second

2-2  occurrence, the pupil must:

2-3    (a) Be permanently expelled from the school; and

2-4    (b) Receive equivalent instruction authorized by the state board

2-5  pursuant to subsection 1 of NRS 392.070.

2-6  The superintendent of schools of a school district may, for good cause

2-7  shown in a particular case in that school district, allow an exception to the

2-8  expulsion requirement of this subsection.

2-9    3.  Except as otherwise provided in this section, if a pupil is deemed a

2-10  habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be

2-11  suspended or expelled from the school for a period equal to at least one

2-12  semester for that school. For the period of his suspension or expulsion, the

2-13  pupil must 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

2-49  July 1, 1995.

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

 

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