Senate Bill No. 305–Senators Rawson and Wiener

 

March 9, 2001

____________

 

Joint Sponsors: Assemblywomen Cegavske and Von Tobel

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Referred to Committee on Human Resources and Facilities

 

SUMMARY—Makes various changes regarding public schools and pupils. (BDR 34‑263)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

CONTAINS UNFUNDED MANDATE (§§ 2, 4-8, 10, 12, 14, 16-21, 23)

(Not Requested by Affected Local Government)

 

~

 

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

 

AN ACT relating to education; requiring boards of trustees of school districts to establish programs of education and counseling for children who use, possess, sell or distribute controlled substances; revising provisions governing the calculation of basic support to include children who are enrolled in such programs; providing that pupils who are suspended or expelled from school for using, possessing, selling or distributing controlled substances are ineligible to attend public school for 1 year but may, under certain circumstances, enroll in a program of education and counseling; requiring the juvenile court to order certain children to enroll in the program; requiring a principal to take certain action if a pupil inflicts bodily injury on another person; requiring schools and school districts to submit evidence of compliance with the Americans with Disabilities Act of 1990; 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 385.347 is hereby amended to read as follows:

   385.347  1.  The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district.

   2.  The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:

   (a) The educational goals and objectives of the school district.

   (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

     (1) The number of pupils who took the examinations;

     (2) An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination; and

     (3) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.

In addition, the board shall also report the results of other examinations of pupil achievement administered to pupils in the school district in grades other than 4, 8, 10 and 11. The results of these examinations for the current school year must be compared with those of previous school years.

   (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, the average class size for each required course of study for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district, and other data concerning licensed and unlicensed employees of the school district.

   (d) The percentage of classes taught by teachers who have been assigned to teach English, mathematics, science or social studies but do not possess a license with an endorsement to teach in that subject area, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

   (e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

   (f) The curriculum used by the school district, including:

     (1) Any special programs for pupils at an individual school; and

     (2) The curriculum used by each charter school in the district.

   (g) Records of the attendance and truancy of pupils in all grades, including, without limitation, the average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

   (h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole, excluding pupils who:

     (1) Provide proof to the school district of successful completion of the examinations of general educational development.

     (2) Are enrolled in courses that are approved by the department as meeting the requirements for an adult standard diploma.

     (3) Withdraw from school to attend another school.

   (i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

   (j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

     (1) Communication with the parents of pupils in the district; and

     (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

   (k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

   (l) Records of incidents involving the use or possession of alcoholic beverages or the use, possession, sale or distribution of controlled substances for each school in the district, including, without limitation, each charter school in the district.

   (m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

   (n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

   (o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.  

   (p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

   (q) Each source of funding for the school district.

   (r) The amount and sources of money received for remedial education for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

   (s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada.

   (t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

   (u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who graduate with:

     (1) A standard high school diploma.

     (2) An adjusted diploma.

     (3) A certificate of attendance.

   (v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

   (w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

   (x) Such other information as is directed by the superintendent of public instruction.

   3.  The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:

   (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

   (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

   4.  The superintendent of public instruction shall:

   (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

   (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.

   (c) Consult with a representative of the:

     (1) Nevada State Education Association;

     (2) Nevada Association of School Boards;

     (3) Nevada Association of School Administrators;

     (4) Nevada Parent Teachers Association;

     (5) Budget division of the department of administration; and

     (6) Legislative counsel bureau,

concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

   5.  The superintendent of public instruction may consult with representatives of parent groups other than the Nevada Parent Teachers Association concerning the program and consider any advice or

recommendations submitted by the representatives with respect to the program.

   6.  On or before April 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

   Sec. 2.  NRS 385.363 is hereby amended to read as follows:

   385.363  1.  The department shall, on or before April 1 of each year:

   [1.] (a) Evaluate the information submitted by each school district pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347; and

   [2.] (b) Except as otherwise provided in subsection [3] 2 and NRS 385.364, based upon its evaluation and in accordance with the criteria set forth in NRS 385.365 and 385.367, designate each public school within each school district as:

   [(a)] (1) Demonstrating exemplary achievement;

   [(b)] (2) Demonstrating high achievement;

   [(c)] (3) Demonstrating adequate achievement; or

   [(d)] (4) Demonstrating need for improvement.

   [3.] 2.  The department shall adopt regulations that set forth the conditions under which the department will not designate a public school pursuant to this section because the school:

   (a) Has too few pupils enrolled in a grade level that is tested pursuant to NRS 389.015;

   (b) Serves only pupils with disabilities;

   (c) Operates only as an alternative program for the education of pupils at risk of dropping out of high school[;] or operates only as a program of education and counseling pursuant to section 6 of this act; or

   (d) Is operated within a:

     (1) Youth training center;

     (2) Youth center;

     (3) Juvenile forestry camp;

     (4) Detention home;

     (5) Youth camp;

     (6) Juvenile correctional institution; or

     (7) Correctional institution.

   Sec. 3.  NRS 386.585 is hereby amended to read as follows:

   386.585  1.  A governing body of a charter school shall adopt:

   (a) Written rules of behavior required of and prohibited for pupils attending the charter school; and

   (b) Appropriate punishments for violations of the rules.

   2.  Except as otherwise provided in subsection 3, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such a hearing must be closed to the public.

   3.  A pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is using,

possessing, selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school immediately upon being given an explanation of the reasons for his removal and pending proceedings, which must be conducted as soon as practicable after removal, for his suspension or expulsion.

   4.  A pupil who is enrolled in a charter school and 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 governing body of the charter school for such matters, be:

   (a) Suspended from the charter school pursuant to this section for not more than 10 days.

   (b) Suspended from the charter school for more than 10 days or permanently expelled from school pursuant to this section only after the governing body 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.[).]

   5.  A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

   (a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.

   (b) Available for public inspection at the charter school.

   6.  The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.  

   Sec. 4.  NRS 387.123 is hereby amended to read as follows:

   387.123  1.  The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district or pupils who reside in the county in which the school district is located and are enrolled in any charter school for:

   (a) Pupils in the kindergarten department.

   (b) Pupils in grades 1 to 12, inclusive.

   (c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.

   (d) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570[.] and children enrolled in a program of education and counseling pursuant to section 6 of this act.

   (e) Pupils who are enrolled in classes pursuant to subsection 4 of NRS 386.560.

   (f) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 392.070.

   (g) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma, excluding those pupils who are included in paragraphs (e) and (f).

   2.  The state board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:

   (a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.

   (b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.

   (c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.

   3.  Except as otherwise provided in subsection 4 and NRS 388.700, the state board shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of this state which is consistent with:

   (a) The maintenance of an acceptable standard of instruction;

   (b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and

   (c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.

If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.

   4.  A charter school is not required to comply with the pupil-teacher ratio prescribed by the state board pursuant to subsection 3.

   Sec. 5.  NRS 387.1233 is hereby amended to read as follows:

   387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

   (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

     (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

     (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

     (3) The count of pupils not included under subparagraph (1) or (2) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of

the school district for the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.

     (4) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school district for the school year.

     (5) The count of children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 and children enrolled in a program of education and counseling pursuant to section 6 of this act on the last day of the first school month of the school district for the school year.

     (6) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 4 of NRS 386.560 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

   (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

   (c) Adding the amounts computed in paragraphs (a) and (b).

   2.  If the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is less than the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for the immediately preceding school year, the larger number must be used for purposes of apportioning money from the state distributive school account to that school district or charter school pursuant to NRS 387.124.

   3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

   4.  Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department of education.

   5.  Part-time pupils who are enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department.

   Sec. 6.  Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

1-1    1.  The board of trustees of each school district shall establish a

1-2  program of education and counseling for children who reside within the

1-3  school district and are:

2-1    (a) Placed under the supervision of the juvenile court pursuant to a

2-2  supervision and consent decree in accordance with section 16 of this act;

2-3    (b) Found by the juvenile court to have committed the unlawful act of

2-4  using, possessing, selling or distributing a controlled substance and

2-5  ordered to enroll in the program pursuant to section 17 of this act; or

2-6    (c) Suspended or expelled from school for using, possessing, selling or

2-7  distributing a controlled substance pursuant to subsection 2 of NRS

2-8  392.466.

2-9    2.  The board of trustees of each school district shall ensure that the

2-10  children enrolled in the program established pursuant to subsection 1 are

2-11  generally separated from other children enrolled in public schools of the

2-12  school district. The board of trustees of a school district may satisfy the

2-13  requirements of this subsection by:

2-14    (a) Establishing a separate school for the program; or

2-15    (b) Designating an existing public school within the school district for

2-16  the operation of the program if the program remains in a portion of the

2-17  school that is generally separate from the regular operation of the public

2-18  school.

2-19    3.  A program established pursuant to subsection 1 must include

2-20  substance abuse counseling for each child enrolled in the program.

2-21    4.  A program established pursuant to subsection 1 may include:

2-22    (a) Alternative scheduling.

2-23    (b) Distance education.

2-24    (c) The provision of educational services to combined grades.

2-25    5.  Upon receipt of a notice from the juvenile court pursuant to

2-26  section 16 or 17 of this act concerning a child who is under a supervision

2-27  or consent decree or found by the juvenile court to have committed the

2-28  unlawful act of using, possessing, selling or distributing a controlled

2-29  substance, the board of trustees shall enroll the child in the program

2-30  established pursuant to subsection 1.

2-31    6.  Before a child enrolls in such a program, the board of trustees of

2-32  the school district shall enter into a written agreement with the child that

2-33  includes, without limitation:

2-34    (a) Conditions of behavior with which the child must comply while

2-35  enrolled in the program;

2-36    (b) The child’s agreement to submit to periodic tests, upon the request

2-37  of a teacher or administrator of the program, to determine whether the

2-38  child is consuming a controlled substance; and

2-39    (c) The child’s agreement to complete substance abuse counseling

2-40  offered through the program.

2-41    7.  If a pupil does not enter into or satisfy the conditions of the

2-42  written agreement entered into pursuant to subsection 6, the board of

2-43  trustees of the school district shall:

2-44    (a) Notify the juvenile court if the pupil is enrolled in the program

2-45  pursuant to a supervision and consent decree in accordance with section

2-46  16 of this act or pursuant to an order of disposition in accordance with

2-47  section 17 of this act; and

2-48    (b) Permanently expel the child from public school.

3-1    8.  Except as otherwise provided in subsection 7, a child must

3-2  participate in the program for 1 year. Upon the completion of 1 year, the

3-3  child is eligible to attend a public school within this state if he

3-4  successfully completed the program. If the child does not successfully

3-5  complete the program, the board of trustees of the school district shall:

3-6    (a)  Notify the juvenile court if the child is enrolled in the program

3-7  pursuant to a supervision and consent decree in accordance with section

3-8  16 of this act or pursuant to an order of disposition in accordance with

3-9  section 17 of this act; and

3-10    (b) Permanently expel the child from public school.

3-11    9.  If a child who is enrolled in a program intends to reside in another

3-12  county in this state:

3-13    (a) The board of trustees of the school district in which the child

3-14  currently resides shall provide written notice to the superintendent of

3-15  schools and the board of trustees of the school district in which the child

3-16  intends to reside; and

3-17    (b) The board of trustees of the school district in which the child

3-18  intends to reside shall:

3-19      (1) Except as otherwise provided in subparagraph (2), prohibit the

3-20  child from attending a public school of the school district for the

3-21  duration of the year in which the child must complete a program of

3-22  education and counseling; and

3-23      (2) Enter into a written agreement with the child pursuant to

3-24  subsection 6 and enroll the child in the program of education and

3-25  counseling established by the board of trustees.   

3-26    10.  The board of trustees of a school district may comply with

3-27  applicable federal laws and regulations to receive any federal money that

3-28  may be available for the operation of a program pursuant to this section.

3-29    Sec. 7.  NRS 389.017 is hereby amended to read as follows:

3-30    389.017  1.  The state board shall prescribe regulations requiring that

3-31  each board of trustees of a school district and each governing body of a

3-32  charter school submit to the superintendent of public instruction and the

3-33  department, in the form and manner prescribed by the superintendent, the

3-34  results of achievement and proficiency examinations given in [the 4th, 8th,

3-35  10th and 11th] grades 4, 8, 10 and 11 to public school pupils of the district

3-36  and charter schools. The state board shall not include in the regulations any

3-37  provision which would violate the confidentiality of the test scores of any

3-38  individual pupil.

3-39    2.  The results of examinations must be reported for each school,

3-40  including, without limitation, each charter school, school district and this

3-41  state as follows:

3-42    (a) The average score, as defined by the department, of pupils who took

3-43  the examinations under regular testing conditions; and

3-44    (b) The average score, as defined by the department, of pupils who took

3-45  the examinations with modifications or accommodations approved by the

3-46  private entity that created the examination or, if the department created the

3-47  examination, the department, if such reporting does not violate the

3-48  confidentiality of the test scores of any individual pupil.

4-1    3.  The department shall adopt regulations prescribing the requirements

4-2  for reporting the scores of pupils who:

4-3    (a) Took the examinations under conditions that were not approved by

4-4  the private entity that created the examination or, if the department created

4-5  the examination, by the department;

4-6    (b) Are enrolled in special schools for children with disabilities;

4-7    (c) Are enrolled in an alternative program for the education of pupils at

4-8  risk of dropping out of high school[;] or a program of education and

4-9  counseling pursuant to section 6 of this act; or

4-10    (d) Are detained in a:

4-11      (1) Youth training center;

4-12      (2) Youth center;

4-13      (3) Juvenile forestry camp;

4-14      (4) Detention home;

4-15      (5) Youth camp;

4-16      (6) Juvenile correctional institution; or

4-17      (7) Correctional institution.

4-18  The scores reported pursuant to this subsection must not be included in the

4-19  average scores reported pursuant to subsection 2.

4-20    4.  Not later than 10 days after the department receives the results of

4-21  the achievement and proficiency examinations, the department shall

4-22  transmit a copy of the results of the examinations administered pursuant to

4-23  NRS 389.015 to the legislative bureau of educational accountability and

4-24  program evaluation in a manner that does not violate the confidentiality of

4-25  the test scores of any individual pupil.

4-26    5.  On or before November 1 of each year, each school district and each

4-27  charter school shall report to the department the following information for

4-28  each examination administered in the public schools in the school district

4-29  or charter school:

4-30    (a) The examination administered;

4-31    (b) The grade level or levels of pupils to whom the examination was

4-32  administered;

4-33    (c) The costs incurred by the school district or charter school in

4-34  administering each examination; and

4-35    (d) The purpose, if any, for which the results of the examination are

4-36  used by the school district or charter school.

4-37  On or before December 1 of each year, the department shall transmit to the

4-38  budget division of the department of administration and the fiscal analysis

4-39  division of the legislative counsel bureau the information submitted to the

4-40  department pursuant to this subsection.

4-41    6.  The superintendent of schools of each school district and the

4-42  governing body of each charter school shall certify that the number of

4-43  pupils who took the examinations required pursuant to NRS 389.015 is

4-44  equal to the number of pupils who are enrolled in each school in the school

4-45  district or in the charter school who are required to take the examinations

4-46  except for those pupils who are exempt from taking the examinations. A

4-47  pupil may be exempt from taking the examinations if:

4-48    (a) His primary language is not English and his proficiency in the

4-49  English language is below the level that the state board determines is

5-1  proficient, as measured by an assessment of proficiency in the English

5-2  language prescribed by the state board pursuant to subsection 8; or

5-3    (b) He is enrolled in a program of special education pursuant to NRS

5-4  388.440 to 388.520, inclusive, and his program of special education

5-5  specifies that he is exempt from taking the examinations.

5-6    7.  In addition to the information required by subsection 5, the

5-7  superintendent of public instruction shall:

5-8    (a) Report the number of pupils who were not exempt from taking the

5-9  examinations but were absent from school on the day that the examinations

5-10  were administered; and

5-11    (b) Reconcile the number of pupils who were required to take the

5-12  examinations with the number of pupils who were exempt from taking the

5-13  examinations or absent from school on the day that the examinations were

5-14  administered.

5-15    8.  The state board shall prescribe an assessment of proficiency in the

5-16  English language for pupils whose primary language is not English to

5-17  determine which pupils are exempt from the examinations pursuant to

5-18  paragraph (a) of subsection 6.

5-19    Sec. 8.  NRS 389.560 is hereby amended to read as follows:

5-20    389.560  1.  The state board shall adopt regulations that require the

5-21  board of trustees of each school district and the governing body of each

5-22  charter school to submit to the superintendent of public instruction, the

5-23  department and the council, in the form and manner prescribed by the

5-24  superintendent, the results of the examinations administered pursuant to

5-25  NRS 389.550. The state board shall not include in the regulations any

5-26  provision that would violate the confidentiality of the test scores of an

5-27  individual pupil.

5-28    2.  The results of the examinations must be reported for each school,

5-29  including, without limitation, each charter school, school district and this

5-30  state, as follows:

5-31    (a) The percentage of pupils who have demonstrated proficiency, as

5-32  defined by the department, and took the examinations under regular testing

5-33  conditions; and

5-34    (b) The percentage of pupils who have demonstrated proficiency, as

5-35  defined by the department, and took the examinations with modifications

5-36  or accommodations approved by the private entity that created the

5-37  examination or, if the department created the examination, the department,

5-38  if such reporting does not violate the confidentiality of the test scores of

5-39  any individual pupil.

5-40    3.  The department shall adopt regulations prescribing the requirements

5-41  for reporting the results of pupils who:

5-42    (a) Took the examinations under conditions that were not approved by

5-43  the private entity that created the examination or, if the department created

5-44  the examination, by the department;

5-45    (b) Are enrolled in special schools for children with disabilities;

5-46    (c) Are enrolled in an alternative program for the education of pupils at

5-47  risk of dropping out of high school[;] or a program of education and

5-48  counseling pursuant to section 6 of this act; or

5-49    (d) Are detained in a:

6-1       (1) Youth training center;

6-2       (2) Youth center;

6-3       (3) Juvenile forestry camp;

6-4       (4) Detention home;

6-5       (5) Youth camp;

6-6       (6) Juvenile correctional institution; or

6-7       (7) Correctional institution.

6-8  The results reported pursuant to this subsection must not be included in the

6-9  percentage of pupils reported pursuant to subsection 2.

6-10    4.  Not later than 10 days after the department receives the results of

6-11  the examinations, the department shall transmit a copy of the results to the

6-12  legislative bureau of educational accountability and program evaluation in

6-13  a manner that does not violate the confidentiality of the test scores of any

6-14  individual pupil.

6-15    5.  On or before November 1 of each year, each school district and each

6-16  charter school shall report to the department the following information for

6-17  each examination administered in the public schools in the school district

6-18  or charter school:

6-19    (a) The examination administered;

6-20    (b) The grade level or levels of pupils to whom the examination was

6-21  administered;

6-22    (c) The costs incurred by the school district or charter school in

6-23  administering each examination; and

6-24    (d) The purpose, if any, for which the results of the examination are

6-25  used by the school district or charter school.

6-26  On or before December 1 of each year, the department shall transmit to the

6-27  budget division of the department of administration and the fiscal analysis

6-28  division of the legislative counsel bureau the information submitted to the

6-29  department pursuant to this subsection.

6-30    6.  The superintendent of schools of each school district and the

6-31  governing body of each charter school shall certify that the number of

6-32  pupils who took the examinations is equal to the number of pupils who are

6-33  enrolled in each school in the school district or in the charter school who

6-34  are required to take the examinations, except for those pupils who are

6-35  exempt from taking the examinations. A pupil may be exempt from taking

6-36  the examinations if:

6-37    (a) His primary language is not English and his proficiency in the

6-38  English language is below the level that the state board determines is

6-39  proficient, as measured by an assessment of proficiency in the English

6-40  language prescribed by the state board pursuant to subsection 8; or

6-41    (b) He is enrolled in a program of special education pursuant to NRS

6-42  388.440 to 388.520, inclusive, and his program of special education

6-43  specifies that he is exempt from taking the examinations.

6-44    7.  In addition to the information required by subsection 5, the

6-45  superintendent of public instruction shall:

6-46    (a) Report the number of pupils who were not exempt from taking the

6-47  examinations but were absent from school on the day that the examinations

6-48  were administered; and

7-1    (b) Reconcile the number of pupils who were required to take the

7-2  examinations with the number of pupils who were exempt from taking the

7-3  examinations or absent from school on the day that the examinations were

7-4  administered.

7-5    8.  The state board shall prescribe an assessment of proficiency in the

7-6  English language for pupils whose primary language is not English to

7-7  determine which pupils are exempt from the examinations pursuant to

7-8  paragraph (a) of subsection 6.

7-9    Sec. 9.  Chapter 392 of NRS is hereby amended by adding thereto a

7-10  new section to read as follows:

7-11    1.  If a report is submitted that a pupil has committed a battery with a

7-12  dangerous weapon that results in bodily injury to another person or

7-13  otherwise inflicts bodily injury on another person with a dangerous

7-14  weapon, while on the premises of any public school, at an activity

7-15  sponsored by a public school, within 1,000 feet of the perimeter of such a

7-16  public school or activity, or on a school bus, the principal of the school in

7-17  which the pupil is enrolled shall take appropriate action against the

7-18  pupil, including, without limitation:

7-19    (a) Suspension or expulsion of the pupil pursuant to NRS 392.466 and

7-20  392.467.

7-21    (b) Removal of the pupil from the classroom and assignment to a

7-22  temporary alternative placement pursuant to NRS 392.4642 to 392.4648,

7-23  inclusive.

7-24    (c) Referral of the incident to the school police or the local law

7-25  enforcement agency.

7-26    2.  In addition to the action required by subsection 1, a principal shall

7-27  make an assessment of the likelihood that the pupil who inflicted bodily

7-28  injury on another person will inflict further bodily injury on that person.

7-29  Based upon the assessment, the principal shall make a good faith effort

7-30  to ensure that the person is adequately protected from further bodily

7-31  injury by the pupil.

7-32    3.  A principal, school district and the board of trustees of a school

7-33  district are not liable for failure to comply with subsection 2 if a good

7-34  faith effort to comply is made.

7-35    4.  As used in this section:

7-36    (a) “Battery” has the meaning ascribed to it in paragraph (a) of

7-37  subsection 1 of NRS 200.481.

7-38    (b) “Dangerous weapon” includes, without limitation, a blackjack,

7-39  slung shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a

7-40  nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a

7-41  butterfly knife or any other knife described in NRS 202.350, or any other

7-42  object which is used, or threatened to be used, in such a manner and

7-43  under such circumstances as to pose a threat of, or cause, bodily injury

7-44  to a person.

7-45    Sec. 10.  NRS 392.464 is hereby amended to read as follows:

7-46    392.464  1.  The board of trustees of each school district shall adopt

7-47  and enforce measures for disciplining any pupil who is found in possession

7-48  of an alcoholic beverage or a controlled substance, while on the premises

8-1  of any public school in its district. The measures must be consistent with

8-2  the requirements of NRS 392.466 and section 6 of this act.

8-3    2.  As used in this section, “alcoholic beverage” has the meaning

8-4  ascribed to it in NRS 202.015.

8-5    Sec. 11.  NRS 392.4655 is hereby amended to read as follows:

8-6    392.4655  1.  Except as otherwise provided in this section, a principal

8-7  of a school shall deem a pupil enrolled in the school a habitual disciplinary

8-8  problem if the school has written evidence which documents that in 1

8-9  school year:

8-10    (a) The pupil has threatened or extorted, or attempted to threaten or

8-11  extort, another pupil or a teacher or other personnel employed by the

8-12  school;

8-13    (b) The pupil has been suspended for initiating at least two fights on

8-14  school property, at an activity sponsored by a public school, on a school

8-15  bus or, if the fight occurs within 1 hour of the beginning or end of a school

8-16  day, on his way to or from school; or

8-17    (c) The pupil has a record of five suspensions from the school for any

8-18  reason.

8-19    2.  At least one teacher of a pupil who is enrolled in elementary school

8-20  and at least two teachers of a pupil who is enrolled in junior high, middle

8-21  school or high school may request that the principal of the school deem a

8-22  pupil a habitual disciplinary problem. Upon such a request, the principal of

8-23  the school shall meet with each teacher who made the request to review the

8-24  pupil’s record of discipline. If, after the review, the principal of the school

8-25  determines that the provisions of subsection 1 do not apply to the pupil, a

8-26  teacher who submitted a request pursuant to this subsection may appeal

8-27  that determination to the board of trustees of the school district. Upon

8-28  receipt of such a request, the board of trustees shall review the initial

8-29  request and determination pursuant to the procedure established by the

8-30  board of trustees for such matters.

8-31    3.  If a pupil is suspended for initiating a fight described in paragraph

8-32  (b) of subsection 1 and the fight is the first such fight that the pupil has

8-33  initiated during that school year, or if a pupil receives one suspension on

8-34  his record, the school in which the pupil is enrolled shall provide written

8-35  notice to the parent or legal guardian of the pupil that contains: 

8-36    (a) A description of the acts committed by the pupil and the dates on

8-37  which those acts were committed;

8-38    (b) An explanation that if the pupil is suspended for initiating one

8-39  additional fight or if the pupil receives five suspensions on his record

8-40  during the current school year, he will be deemed a habitual disciplinary

8-41  problem;

8-42    (c) An explanation that, pursuant to subsection [3] 4 of NRS 392.466, a

8-43  pupil who is deemed a habitual disciplinary problem must be suspended or

8-44  expelled from school for a period equal to at least one school semester;

8-45    (d) If the pupil has a disability and is participating in a program of

8-46  special education pursuant to NRS 388.520, an explanation of the effect of

8-47  subsection [6] 7 of NRS 392.466, including, without limitation, that if it is

8-48  determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior

9-1  is not a manifestation of his disability, he may be suspended or expelled

9-2  from school in the same manner as a pupil without a disability; and

9-3    (e) If applicable, a summary of the provisions of subsection 4.

9-4  A school shall provide the notice required by this subsection for each

9-5  suspension on the record of a pupil during a school year. A school may

9-6  include the notice required by this subsection with notice that is otherwise

9-7  provided to the parent or legal guardian of a pupil which informs the parent

9-8  or legal guardian of the act committed by the pupil.

9-9    4.  If a pupil is suspended for initiating a fight described in paragraph

9-10  (b) of subsection 1 and the fight is the first such fight that the pupil has

9-11  initiated during that school year, or if a pupil receives four suspensions on

9-12  his record within 1 school year, the school in which the pupil is enrolled

9-13  may develop, in consultation with the pupil and the parent or legal

9-14  guardian of the pupil, a plan of behavior for the pupil. Such a plan must be

9-15  designed to prevent the pupil from being deemed a habitual disciplinary

9-16  problem and may include, without limitation, a voluntary agreement by:

9-17    (a) The parent or legal guardian to attend school with his child.

9-18    (b) The pupil and his parent or legal guardian to attend counseling,

9-19  programs or services available in the school district or community.

9-20    (c) The pupil and his parent or legal guardian that the pupil will attend

9-21  summer school, intersession school or school on Saturday, if any of those

9-22  alternatives are offered by the school district.

9-23  If the pupil commits the same act for which notice was provided pursuant

9-24  to subsection 3 after he enters into a plan of behavior, the pupil shall be

9-25  deemed a habitual disciplinary problem.

9-26    5.  If a pupil commits an act the commission of which qualifies him to

9-27  be deemed a habitual disciplinary problem pursuant to subsection 1, the

9-28  school shall provide written notice to the parent or legal guardian of the

9-29  pupil that contains:

9-30    (a) A description of the qualifying act and any previous such acts

9-31  committed by the pupil and the dates on which those acts were committed;

9-32    (b) An explanation that pursuant to subsection [3] 4 of NRS 392.466, a

9-33  pupil who is a habitual disciplinary problem must be suspended or expelled

9-34  from school for a period equal to at least one school semester;

9-35    (c) If the pupil has a disability and is participating in a program of

9-36  special education pursuant to NRS 388.520, an explanation of the effect of

9-37  subsection [6] 7 of NRS 392.466, including, without limitation, that if it is

9-38  determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior

9-39  is not a manifestation of his disability, he may be suspended or expelled

9-40  from school in the same manner as a pupil without a disability; and

9-41    (d) If applicable, a summary of the provisions of subsection 6.

9-42  The school shall provide the notice at least 7 days before the school deems

9-43  the pupil a habitual disciplinary problem. A school may include the notice

9-44  required by this subsection with notice that is otherwise provided to the

9-45  parent or legal guardian of a pupil which informs the parent or legal

9-46  guardian of the act committed by the pupil.

9-47    6.  Before a school deems a pupil a habitual disciplinary problem and

9-48  suspends or expels the pupil, the school may develop, in consultation with

9-49  the pupil and the parent or legal guardian of the pupil, a plan of behavior

10-1  for the pupil. Such a plan must be designed to prevent the pupil from being

10-2  deemed a habitual disciplinary problem and may include, without

10-3  limitation, a voluntary agreement by:

10-4    (a) The parent or legal guardian to attend school with his child.

10-5    (b) The pupil and his parent or legal guardian to attend counseling,

10-6  programs or services available in the school district or community.

10-7    (c) The pupil and his parent or legal guardian that the pupil will attend

10-8  summer school, intersession school or school on Saturday, if any of those

10-9  alternatives are offered by the school district.

10-10  If the pupil violates the conditions of the plan or commits the same act for

10-11  which notice was provided pursuant to subsection 5 after he enters into a

10-12  plan of behavior, the pupil shall be deemed a habitual disciplinary problem.

10-13  7.  A pupil may, pursuant to the provisions of this section, enter into

10-14  one plan of behavior per school year.

10-15  8.  The parent or legal guardian of a pupil who has entered into a plan

10-16  of behavior with a school pursuant to this section may appeal to the board

10-17  of trustees of the school district a determination made by the school

10-18  concerning the contents of the plan of behavior or action taken by the

10-19  school pursuant to the plan of behavior. Upon receipt of such a request, the

10-20  board of trustees of the school district shall review the determination in

10-21  accordance with the procedure established by the board of trustees for such

10-22  matters.

10-23  Sec. 12.  NRS 392.466 is hereby amended to read as follows:

10-24  392.466  1.  Except as otherwise provided in this section, any pupil

10-25  who commits a battery which results in the bodily injury of an employee of

10-26  the school[, sells or distributes any controlled substance] or is found in

10-27  possession of a dangerous weapon, while on the premises of any public

10-28  school, at an activity sponsored by a public school or on any school bus

10-29  must, for the first occurrence, be suspended or expelled from that school,

10-30  although he may be placed in another kind of school, for at least a period

10-31  equal to one semester for that school. For a second occurrence, the pupil

10-32  must:

10-33  (a) Be permanently expelled from that school; and

10-34  (b) Receive equivalent instruction authorized by the state board

10-35  pursuant to subsection 1 of NRS 392.070.

10-36  2.  Except as otherwise provided in this section, a pupil who uses,

10-37  possesses, sells or distributes a controlled substance while on the

10-38  premises of any public school, at an activity sponsored by a public school

10-39  or on any school bus must, for the first occurrence, be suspended or

10-40  expelled from school for a period of 1 year. The pupil may be placed in a

10-41  program of education and counseling established pursuant to section 6

10-42  of this act if the pupil signs a written agreement pursuant to subsection 6

10-43  of that section. For a second occurrence or if the pupil refuses to sign a

10-44  written agreement pursuant to subsection 6 of section 6 of this act, the

10-45  pupil must:

10-46  (a) Be permanently expelled from school; and

10-47  (b) Receive equivalent instruction authorized by the state board

10-48  pursuant to subsection 1 of NRS 392.070.

11-1    3.  Except as otherwise provided in this section, any pupil who is found

11-2  in possession of a firearm while on the premises of any public school, at an

11-3  activity sponsored by a public school or on any school bus must, for the

11-4  first occurrence, be expelled from the school for a period of not less than 1

11-5  year, although he may be placed in another kind of school for a period not

11-6  to exceed the period of the expulsion. For a second occurrence, the pupil

11-7  must:

11-8    (a) Be permanently expelled from the school; and

11-9    (b) Receive equivalent instruction authorized by the state board

11-10  pursuant to subsection 1 of NRS 392.070.

11-11  The superintendent of schools of a school district may, in a particular case

11-12  in that school district, allow an exception to the expulsion requirement of

11-13  this subsection.

11-14  [3.] 4.  Except as otherwise provided in this section, if a pupil is

11-15  deemed a habitual disciplinary problem pursuant to NRS 392.4655, the

11-16  pupil must be suspended or expelled from the school for a period equal to

11-17  at least one semester for that school. For the period of his suspension or

11-18  expulsion, the pupil must receive equivalent instruction authorized by the

11-19  state board pursuant to subsection 1 of NRS 392.070.

11-20  [4.] 5.  This section does not prohibit a pupil from having in his

11-21  possession a knife or firearm with the approval of the principal of the

11-22  school. A principal may grant such approval only in accordance with the

11-23  policies or regulations adopted by the board of trustees of the school

11-24  district.

11-25  [5.] 6.  Any pupil in grades 1 to 6, inclusive, except a pupil who has

11-26  been found to have possessed a firearm in violation of subsection [2,] 3,

11-27  may be suspended from school or permanently expelled from school

11-28  pursuant to this section only after the board of trustees of the school district

11-29  has reviewed the circumstances and approved this action in accordance

11-30  with the procedural policy adopted by the board for such issues.

11-31  [6.] 7.  A pupil who is participating in a program of special education

11-32  pursuant to NRS 388.520, other than a pupil who is gifted and talented,

11-33  may, in accordance with the procedural policy adopted by the board of

11-34  trustees of the school district for such matters, be:

11-35  (a) Suspended from school pursuant to this section for not more than 10

11-36  days. Such a suspension may be imposed pursuant to this paragraph for

11-37  each occurrence of conduct proscribed by [subsection 1.] subsections 1

11-38  and 2.

11-39  (b) Suspended from school for more than 10 days or permanently

11-40  expelled from school pursuant to this section only after the board of

11-41  trustees of the school district has reviewed the circumstances and

11-42  determined that the action is in compliance with the Individuals with

11-43  Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

11-44  [7.] 8.  As used in this section:

11-45  (a) “Battery” has the meaning ascribed to it in paragraph (a) of

11-46  subsection 1 of NRS 200.481.

11-47  (b) “Dangerous weapon” includes, without limitation, a blackjack, slung

11-48  shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku,

11-49  switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or

12-1  any other knife described in NRS 202.350, or any other object which is

12-2  used, or threatened to be used, in such a manner and under such

12-3  circumstances as to pose a threat of, or cause, bodily injury to a person.

12-4    (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun,

12-5  explosive substance or device, and any other item included within the

12-6  definition of a “firearm” in 18 U.S.C. § 921, as that section existed on
July 1, 1995.

12-7    Sec. 13.  NRS 392.467 is hereby amended to read as follows:

12-8    392.467  1.  Except as otherwise provided in subsections 4 and 5, the

12-9  board of trustees of a school district may authorize the suspension or

12-10  expulsion of any pupil from any public school within the school district.

12-11  2.  Except as otherwise provided in subsection 5, no pupil may be

12-12  suspended or expelled until he has been given notice of the charges against

12-13  him, an explanation of the evidence and an opportunity for a hearing,

12-14  except that a pupil who poses a continuing danger to persons or property or

12-15  an ongoing threat of disrupting the academic process or who is using,

12-16  possessing, selling or distributing any controlled substance or is found to

12-17  be in possession of a dangerous weapon as provided in NRS 392.466 may

12-18  be removed from the school immediately upon being given an explanation

12-19  of the reasons for his removal, and pending proceedings, to be conducted

12-20  as soon as practicable after removal, for his suspension or expulsion.

12-21  3.  The provisions of chapter 241 of NRS do not apply to any hearing

12-22  conducted pursuant to this section. Such hearings must be closed to the

12-23  public.

12-24  4.  The board of trustees of a school district shall not authorize the

12-25  expulsion, suspension or removal of any pupil from the public school

12-26  system solely because the pupil is declared a truant or habitual truant in

12-27  accordance with NRS 392.130 or 392.140.

12-28  5.  A pupil who is participating in a program of special education

12-29  pursuant to NRS 388.520, other than a pupil who is gifted and talented,

12-30  may, in accordance with the procedural policy adopted by the board of

12-31  trustees of the school district for such matters, be:

12-32  (a) Suspended from school pursuant to this section for not more than 10

12-33  days.

12-34  (b) Suspended from school for more than 10 days or permanently

12-35  expelled from school pursuant to this section only after the board of

12-36  trustees of the school district has reviewed the circumstances and

12-37  determined that the action is in compliance with the Individuals with

12-38  Disabilities Education Act , [(]20 U.S.C. §§ 1400 et seq.[).]

12-39  Sec. 14.  NRS 392.4675 is hereby amended to read as follows:

12-40  392.4675  1.  Except as otherwise provided in this section, a pupil

12-41  who is suspended or expelled from:

12-42  (a) Any public school in this state pursuant to NRS 392.466; or

12-43  (b) Any school outside of this state for the commission of any act

12-44  which, if committed within this state, would be a ground for suspension or

12-45  expulsion from public school pursuant to NRS 392.466,

12-46  is ineligible to attend any public school in this state during the period of

12-47  that suspension or expulsion.

13-1    2.  Except as otherwise provided in [subsection 3,] subsections 3 and 4,

13-2  a school district may allow a pupil who is ineligible to attend a public

13-3  school pursuant to this section to enroll in:

13-4    (a) An alternative program for the education of pupils at risk of

13-5  dropping out of high school; or

13-6    (b) Any program of instruction offered pursuant to the provisions of

13-7  NRS 388.550.

13-8  A school district may conduct an investigation of the background of any

13-9  such pupil to determine if the educational needs of the pupil may be

13-10  satisfied without undue disruption to the program. If an investigation is

13-11  conducted, the board of trustees of the school district shall, based on the

13-12  results of the investigation, determine if the pupil will be allowed to enroll

13-13  in such a program.

13-14  3.  The provisions of subsection 2 do not authorize the enrollment in

13-15  such a program of a pupil who is:

13-16  (a) Expelled for a second occurrence of a violation pursuant to

13-17  [subsections] subsection 1 or [2] 3 of NRS 392.466; or

13-18  (b) Suspended or expelled pursuant to subsection [3] 4 of NRS 392.466.

13-19  4.  A pupil who is:

13-20  (a) Placed under the supervision of the juvenile court pursuant to a

13-21  supervision and consent decree in accordance with  section 16 of this act;

13-22  (b) Found by the juvenile court to have committed the unlawful act of

13-23  using, possessing, selling or distributing a controlled substance and

13-24  ordered to enroll in a program of education and counseling pursuant to

13-25  section 17 of this act; or

13-26  (c) Suspended or expelled for a first occurrence pursuant to

13-27  subsection 2 of NRS 392.466 for using, possessing, selling or distributing

13-28  a controlled substance,

13-29  is eligible for enrollment in a program established by the board of

13-30  trustees of the school district pursuant to section 6 of this act subject to

13-31  any terms and conditions of the juvenile court or board of trustees, as

13-32  applicable.

13-33  Sec. 15.  Chapter 62 of NRS is hereby amended by adding thereto the

13-34  provisions set forth as sections 16 and 17 of this act.

13-35  Sec. 16.  1.  If a complaint is filed alleging that a child committed

13-36  the unlawful act of using, possessing, selling or distributing a controlled

13-37  substance, the district attorney shall file a petition pursuant to NRS

13-38  62.130 alleging that the child is delinquent for committing the unlawful

13-39  act of using, possessing, selling or distributing a controlled substance if,

13-40  in the judgment of the district attorney, such an unlawful act can be

13-41  proved at an adjudicatory hearing conducted pursuant to NRS 62.193.

13-42  2.  If a petition is filed in accordance with subsection 1, the child

13-43  named in the petition may not be referred, for that unlawful act, to a

13-44  probation officer for informal supervision pursuant to NRS 62.128.

13-45  3.  If a petition is filed in accordance with subsection 1 and the child

13-46  named in the petition has never been found within the purview of this

13-47  chapter other than for a minor traffic offense, the judge or the master

13-48  shall, in addition to his other powers under this chapter:

14-1    (a) Except as otherwise provided in subsection 7, place the child under

14-2  the supervision of the court pursuant to a supervision and consent decree

14-3  without a formal adjudication of delinquency upon the written consent

14-4  and approval of the child and his parents or guardian, under the terms

14-5  and conditions provided for in the decree;

14-6    (b) Except as otherwise provided in subsection 4, prohibit the child

14-7  from attending a public school;

14-8    (c) Inform the parents or guardian of the child of the requirements of

14-9  section 6 of this act; and

14-10  (d) If the child intends to reside in another county in this state, order

14-11  the parents or guardian of the child to provide notification of that fact to:

14-12     (1) The juvenile court;

14-13     (2) The superintendent of schools and the board of trustees of the

14-14  school district in which the child currently resides; and

14-15     (3) The superintendent of schools and the board of trustees of the

14-16  school district in which the child intends to reside.

14-17  If a child or his parent or guardian refuses to give consent for a

14-18  supervision and consent decree, the district attorney shall proceed with

14-19  prosecution of the child.

14-20  4.  A supervision and consent decree required by subsection 3 must

14-21  include, without limitation, the following terms and conditions:

14-22  (a) The child will enroll in a program of education and counseling

14-23  established by the board of trustees of the school district in which the

14-24  child resides pursuant to section 6 of this act for 1 year;

14-25  (b) The child will abide by all terms and conditions required of the

14-26  board of trustees of the school district that operates the program,

14-27  including, without limitation, entering into a written agreement with the

14-28  board of trustees pursuant to subsection 6 of section 6 of this act; and

14-29  (c) The child will submit to periodic tests, upon the request of a

14-30  teacher or administrator of the program, to determine whether the child

14-31  is consuming a controlled substance.

14-32  5.  If a child and his parents or guardian give their consent for a

14-33  supervision and consent decree pursuant to this section, the court shall

14-34  provide notification of the decree to the superintendent of schools and

14-35  the board of trustees of the school district in which the child resides.

14-36  6.  A petition filed in accordance with subsection 1 may be dismissed

14-37  upon successful completion of the terms and conditions of the

14-38  supervision and consent decree, and the child may respond to any

14-39  inquiry concerning the proceedings and events which brought about the

14-40  proceedings as if they had not occurred. The records concerning a

14-41  supervision and consent decree may be considered in a subsequent

14-42  proceeding before the court regarding that child.

14-43  7.  If a petition is filed in accordance with subsection 1 and the child

14-44  named in the petition:

14-45  (a) Has been previously enrolled in a program of education and

14-46  counseling established by the board of trustees of a school district

14-47  pursuant to section 6 of this act; or

 

15-1    (b) Has been found within the purview of this chapter other than for a

15-2  minor traffic offense,

15-3  the district attorney shall proceed with prosecution of the child.

15-4    Sec. 17.  1.  In addition to the options and other requirements set

15-5  forth in this chapter, if a child is found by the juvenile court to have

15-6  committed the unlawful act of using, possessing, selling or distributing a

15-7  controlled substance, the court shall, except as otherwise provided in

15-8  subsection 2, prohibit the child from attending a public school.

15-9    2.  Except as otherwise provided in subsections 4 and 5, the order of

15-10  disposition made by the juvenile court for a child who is found to have

15-11  committed the unlawful act of using, possessing, selling or distributing a

15-12  controlled substance, must include, without limitation, the following

15-13  terms and conditions:

15-14  (a) The child will enroll in a program of education and counseling

15-15  established by the board of trustees of the school district in which the

15-16  child resides pursuant to section 6 of this act for 1 year;

15-17  (b) The child will abide by all terms and conditions required of the

15-18  board of trustees of the school district that operates the program,

15-19  including, without limitation, entering into a written agreement with the

15-20  board of trustees pursuant to subsection 6 of section 6 of this act;

15-21  (c) The child will submit to periodic tests, upon the request of a

15-22  teacher or administrator of the program, to determine whether the child

15-23  is consuming a controlled substance; and

15-24  (d) If the child intends to reside in another county in this state, the

15-25  parents or guardian of the child will provide notification of that fact to:

15-26     (1) The juvenile court;

15-27     (2) The superintendent of schools and the board of trustees of the

15-28  school district in which the child currently resides; and

15-29     (3) The superintendent of schools and the board of trustees of the

15-30  school district in which the child intends to reside.

15-31  3.  The juvenile court shall provide notification of the order of

15-32  disposition to the superintendent of schools and the board of trustees of

15-33  the school district in which the child resides.

15-34  4.  If a parent or guardian of a child refuses to consent to the child’s

15-35  enrollment in a program of education and counseling pursuant to section

15-36  6 of this act:

15-37  (a) The child must receive equivalent instruction authorized by the

15-38  state board of education pursuant to subsection 1 of NRS 392.070; and

15-39  (b) The juvenile court shall, in addition to any other requirements and

15-40  options set forth in this chapter, proceed in accordance with NRS

15-41  62.2275. 

15-42  5.  If a child is found by the juvenile court to have committed the

15-43  unlawful act of using, possessing, selling or distributing a controlled

15-44  substance and the child has been previously enrolled in a program of

15-45  education and counseling established by the board of trustees of a school

15-46  district pursuant to section 6 of this act:

15-47  (a) The child must receive equivalent instruction authorized by the

15-48  state board of education pursuant to subsection 1 of NRS 392.070; and

16-1    (b) In addition to any other requirements and options set forth in this

16-2  chapter, the court shall proceed for that child in accordance with NRS

16-3  62.2275.

16-4    Sec. 18.  NRS 62.128 is hereby amended to read as follows:

16-5    62.128  1.  [A] Except as otherwise provided in section 16 of this act,

16-6  a complaint alleging that a child is delinquent or in need of supervision

16-7  must be referred to the probation officer of the appropriate county. The

16-8  probation officer shall conduct a preliminary inquiry to determine whether

16-9  the best interests of the child or of the public require that a petition be filed

16-10  or would better be served by placing the child under informal supervision

16-11  pursuant to NRS 62.129. If judicial action appears necessary, the probation

16-12  officer may recommend the filing of a petition, but any petition must be

16-13  prepared and signed by the district attorney before it is filed with the court.

16-14  The decision of the district attorney on whether to file a petition is final.

16-15  2.  If the probation officer refuses to place the child under informal

16-16  supervision or recommend the filing of a petition, the complainant must be

16-17  notified by the probation officer of his right to a review of his complaint by

16-18  the district attorney. The district attorney, upon request of the complainant,

16-19  shall review the facts presented by the complainant and after consultation

16-20  with the probation officer shall prepare, sign and file the petition with the

16-21  court when he believes the action is necessary to protect the community or

16-22  the interests of the child.

16-23  3.  Except as otherwise provided in NRS 62.172, if a child is in

16-24  detention or shelter care, the child must be immediately released if a

16-25  petition alleging delinquency or need of supervision is not:

16-26  (a) Approved by the district attorney; or

16-27  (b) Filed within 8 days after the date the complaint was referred to the

16-28  probation officer.

16-29  4.  [Upon] Except as otherwise provided in section 16 of this act, upon

16-30  the filing of the petition, the judge or the master may, in addition to his

16-31  other powers under this chapter:

16-32  (a) Dismiss the petition without prejudice and refer a child to the

16-33  probation officer for informal supervision pursuant to NRS 62.129; or

16-34  (b) Place a child under the supervision of the court pursuant to a

16-35  supervision and consent decree without a formal adjudication of

16-36  delinquency, upon the recommendation of the probation officer, the written

16-37  approval of the district attorney and the written consent and approval of the

16-38  child and his parents or guardian, under the terms and conditions provided

16-39  for in the decree. The petition may be dismissed upon successful

16-40  completion of the terms and conditions of the supervision and consent

16-41  decree, and the child may respond to any inquiry concerning the

16-42  proceedings and events which brought about the proceedings as if they had

16-43  not occurred. The records concerning a supervision and consent decree

16-44  may be considered in a subsequent proceeding before the court regarding

16-45  that child.

16-46  Sec. 19.  NRS 62.129 is hereby amended to read as follows:

16-47  62.129  1.  [A] Except as otherwise provided in section 16 of this act,

16-48  a child alleged to be delinquent or in need of supervision may be placed

16-49  under the informal supervision of a probation officer if the child

17-1  voluntarily admits his participation in the acts for which he was referred to

17-2  the probation officer. If any of the acts would constitute a gross

17-3  misdemeanor or felony if committed by an adult, the child may not be

17-4  placed under informal supervision unless the district attorney approves of

17-5  the placement in writing. The probation officer must advise the child and

17-6  his parent, guardian or custodian that they may refuse informal supervision.

17-7    2.  An agreement for informal supervision must be entered into

17-8  voluntarily and intelligently by the child with the advice of his attorney, or

17-9  by the child with the consent of a parent, guardian or custodian if the child

17-10  is not represented by counsel. The period of informal supervision must not

17-11  exceed 180 days. The terms of the agreement must be clearly stated in

17-12  writing and signed by all parties. A copy of the agreement must be given to

17-13  the child, the attorney for the child, if any, the child’s parent, guardian or

17-14  custodian, and the probation officer, who shall retain a copy in his file for

17-15  the case. The child and his parent, guardian or custodian may terminate the

17-16  agreement at any time and request the filing of a petition for formal

17-17  adjudication.

17-18  3.  An agreement for informal supervision may require a child to:

17-19  (a) Perform public service or provide restitution to any victim of the

17-20  acts for which the child was referred to the probation officer;

17-21  (b) Participate in a program of restitution through work that is

17-22  established pursuant to NRS 62.2185 if the child:

17-23     (1) Is 14 years of age or older;

17-24     (2) Has never been found to be within the purview of this chapter for

17-25  an unlawful act that involved the use or threatened use of force or violence

17-26  against a victim and has never been found to have committed such an

17-27  unlawful act in any other jurisdiction;

17-28     (3) Is required to provide restitution to a victim; and

17-29     (4) Voluntarily agrees to participate in the program of restitution

17-30  through work;

17-31  (c) Complete a program of cognitive training and human development

17-32  pursuant to NRS 62.2195 if:

17-33     (1) The child has never been found to be within the purview of this

17-34  chapter; and

17-35     (2) The unlawful act for which the child is found to be within the

17-36  purview of this chapter did not involve the use or threatened use of force or

17-37  violence against a victim; or

17-38  (d) Engage in any combination of the activities set forth in paragraphs

17-39  (a), (b) and (c).

17-40  4.  If an agreement for informal supervision requires a child to

17-41  participate in a program of restitution through work as set forth in

17-42  paragraph (b) of subsection 3 or complete a program of cognitive training

17-43  and human development as set forth in paragraph (c) of subsection 3, the

17-44  agreement may also require any or all of the following, in the following

17-45  order of priority if practicable:

17-46  (a) The child or the parent or guardian of the child, to the extent of his

17-47  financial ability, to pay the costs associated with the participation of the

17-48  child in the program, including, without limitation, a reasonable sum of

17-49  money to pay for the cost of policies of insurance against liability for

18-1  personal injury and damage to property during those periods in which the

18-2  child participates in the program or performs work, and in the case of a

18-3  program of restitution through work, for industrial insurance, unless the

18-4  industrial insurance is provided by the employer for which the child

18-5  performs the work; or

18-6    (b) The child to work on projects or perform public service pursuant to

18-7  paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the

18-8  costs associated with the participation of the child in the program.

18-9    5.  If a child is placed under informal supervision, a petition based upon

18-10  the events out of which the original complaint arose may be filed only

18-11  within 180 days after entry into the agreement for informal supervision. If

18-12  a petition is filed within that period, the child may withdraw the admission

18-13  he made pursuant to subsection 1. The child’s compliance with all proper

18-14  and reasonable terms of the agreement constitute grounds for the court to

18-15  dismiss the petition.

18-16  6.  A probation officer shall file annually with the court a report of the

18-17  number of children placed under informal supervision during the previous

18-18  year, the conditions imposed in each case and the number of cases that

18-19  were successfully completed without the filing of a petition.

18-20  Sec. 20.  NRS 62.206 is hereby amended to read as follows:

18-21  62.206  1.  A court clerk may allow any of the following documents to

18-22  be filed electronically:

18-23  (a) A petition prepared and signed by the district attorney pursuant to

18-24  NRS 62.128 or 62.130[;] or section 16 of this act;

18-25  (b) A document relating to proceedings conducted pursuant to NRS

18-26  62.193; or

18-27  (c) A study and report prepared pursuant to NRS 62.197.

18-28  2.  Any document that is filed electronically pursuant to this section

18-29  must contain an image of the signature of the person who is filing the

18-30  document.

18-31  Sec. 21.  NRS 62.2275 is hereby amended to read as follows:

18-32  62.2275  1.  [If] Except as otherwise provided in subsection 7, if a

18-33  child within the jurisdiction of the juvenile court is found by the juvenile

18-34  court to have committed:

18-35  (a) An unlawful act in violation of NRS 484.379 or 484.3795;

18-36  (b) The unlawful act of using, possessing, selling or distributing a

18-37  controlled substance; or

18-38  (c) The unlawful act of purchasing, consuming or possessing an

18-39  alcoholic beverage in violation of NRS 202.020,

18-40  the judge, or his authorized representative, shall require the child to

18-41  undergo an evaluation to determine if the child is an abuser of alcohol or

18-42  other drugs.

18-43  2.  The evaluation of a child pursuant to this section:

18-44  (a) Must be conducted by:

18-45     (1) An alcohol and drug abuse counselor who is licensed or certified

18-46  or an alcohol and drug abuse counselor intern who is certified pursuant to

18-47  chapter 641C of NRS to make that classification; or

18-48     (2) A physician who is certified to make that classification by the

18-49  board of medical examiners,

19-1  who shall report to the judge the results of the evaluation and make a

19-2  recommendation to the judge concerning the length and type of treatment

19-3  required by the child.

19-4    (b) May be conducted at an evaluation center.

19-5    3.  [The] Except as otherwise provided in subsection 7, the judge

19-6  shall:

19-7    (a) Order the child to undergo a program of treatment as recommended

19-8  by the person who conducted the evaluation pursuant to subsection 2.

19-9    (b) Require the treatment facility to submit monthly reports on the

19-10  treatment of the child pursuant to this section.

19-11  (c) Order the child, if he is at least 18 years of age or an emancipated

19-12  minor, or the parent or legal guardian of the child, to the extent of the

19-13  financial resources of the child or his parent or legal guardian, to pay any

19-14  charges relating to the evaluation and treatment of the child pursuant to this

19-15  section. If the child, or his parent or legal guardian, does not have the

19-16  financial resources to pay all those charges:

19-17     (1) The judge shall, to the extent possible, arrange for the child to

19-18  receive treatment from a treatment facility which receives a sufficient

19-19  amount of federal or state money to offset the remainder of the costs; and

19-20     (2) The judge may order the child to perform supervised work for the

19-21  benefit of the community in lieu of paying the charges relating to his

19-22  evaluation and treatment. The work must be performed for and under the

19-23  supervising authority of a county, city, town or other political subdivision

19-24  or agency of the State of Nevada or a charitable organization that renders

19-25  service to the community or its residents. The court may require the child

19-26  or his parent or legal guardian to deposit with the court a reasonable sum of

19-27  money to pay for the cost of policies of insurance against liability for

19-28  personal injury and damage to property or for industrial insurance, or both,

19-29  during those periods in which the child performs the work, unless, in the

19-30  case of industrial insurance, it is provided by the authority for which he

19-31  performs the work.

19-32  4.  A treatment facility is not liable for any damages to person or

19-33  property caused by a child who:

19-34  (a) Drives, operates or is in actual physical control of a vehicle or a

19-35  vessel under power or sail while under the influence of intoxicating liquor

19-36  or a controlled substance; or

19-37  (b) Engages in any other conduct prohibited by NRS 484.379,

19-38  484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law

19-39  of any other jurisdiction that prohibits the same or similar conduct,

19-40  after the treatment facility has certified to his successful completion of a

19-41  program of treatment ordered pursuant to this section.

19-42  5.  The provisions of this section do not prohibit a judge from:

19-43  (a) Requiring an evaluation to be conducted by a person who is

19-44  employed by a private company if the company meets the standards of the

19-45  bureau of alcohol and drug abuse. The evaluation may be conducted at an

19-46  evaluation center pursuant to paragraph (b) of subsection 2.

19-47  (b) Ordering the child to attend a program of treatment which is

19-48  administered by a private company.

20-1    6.  All information relating to the evaluation or treatment of a child

20-2  pursuant to this section is confidential and, except as otherwise authorized

20-3  by the provisions of this chapter or the juvenile court, must not be

20-4  disclosed to any person other than the juvenile court, the child and his

20-5  attorney, if any, his parents or guardian, the prosecuting attorney and any

20-6  other person for whom the communication of that information is necessary

20-7  to effectuate the evaluation or treatment of the child. A record of any

20-8  finding that a child has violated the provisions of NRS 484.379 or

20-9  484.3795 must be included in the driver’s record of that child for 7 years

20-10  after the date of the offense.

20-11  7.  The provisions of this section do not apply to a child who is:

20-12  (a) Placed under the supervision of the juvenile court pursuant to a

20-13  supervision and consent decree in accordance with section 16 of this act.

20-14  (b) Found by the juvenile court to have committed the unlawful act of

20-15  using, possessing, selling or distributing a controlled substance and

20-16  ordered to enroll in a program of education and counseling pursuant to

20-17  section 17 of this act.

20-18  8.  As used in this section:

20-19  (a) “Bureau of alcohol and drug abuse” means the bureau of alcohol and

20-20  drug abuse in the department of human resources.

20-21  (b) “Evaluation center” has the meaning ascribed to it in NRS 484.3793.

20-22  (c) “Treatment facility” has the meaning ascribed to it in NRS

20-23  484.3793.

20-24  Sec. 22.  1.  On or before July 1, 2002, each public school shall:

20-25  (a) In the operation and provision of each service, program and activity

20-26  at the school, ensure that the service, program or activity is readily

20-27  accessible to and usable by individuals with disabilities in full compliance

20-28  with the applicable requirements of the Americans with Disabilities Act of

20-29  1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant

20-30  thereto.

20-31  (b) Submit written evidence of such compliance to the board of trustees

20-32  of the school district in which the school is located.

20-33  2.  On or before August 1, 2002, the board of trustees of each school

20-34  district shall submit to the department of education a written report that

20-35  indicates whether each service, program and activity operated or provided

20-36  by each public school of the school district is readily accessible to and

20-37  usable by individuals with disabilities in full compliance with the

20-38  applicable requirements of the Americans with Disabilities Act of 1990, 42

20-39  U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto.

20-40  3.  If a service, program or activity of a public school of a school

20-41  district is not in full compliance with the Americans with Disabilities Act

20-42  of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant

20-43  thereto, the board of trustees of the school district in which the school is

20-44  located shall, on or before July 1, 2002, submit a separate written report to

20-45  the department of education for each such school within the school district

20-46  that includes, without limitation:

20-47  (a) The name of the school;

21-1    (b) The reasons why the school is not in full compliance with the

21-2  Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and

21-3  the regulations adopted pursuant thereto; and

21-4    (c) A plan for compliance that includes a timeline by which full

21-5  compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. §§

21-6  12101 et seq., and the regulations adopted pursuant thereto, will be

21-7  achieved by the school.

21-8    4.  On or before November 1, 2002, the department of education shall

21-9  submit a written report to the legislative committee on education that

21-10  includes, without limitation:

21-11  (a) An evaluation for each school district and each public school of the

21-12  school district that assesses the compliance of the school district and school

21-13  with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et

21-14  seq., and the regulations adopted pursuant thereto; and

21-15  (b) Any recommendations for legislation.

21-16  Sec. 23.  On or before July 1, 2002, the board of trustees of each

21-17  school district shall establish a program of education and counseling

21-18  pursuant to section 6 of this act. Each board of trustees shall operate such a

21-19  program commencing with the 2002-2003 school year.

21-20  Sec. 24.  The provisions of subsection 1 of NRS 354.599 do not apply

21-21  to any additional expenses of a local government that are related to the

21-22  provisions of this act.

21-23  Sec. 25.  The amendatory provisions of this act do not apply to

21-24  offenses committed before July 1, 2002.

21-25  Sec. 26.  1.  This section and sections 22, 23 and 24 of this act

21-26  become effective on July 1, 2001.

21-27  2.  Section 6 of this act becomes effective on July 1, 2001, for the

21-28  purpose of establishing a program of education and counseling and on
July 1, 2002, for all other purposes.

21-29  3.  Sections 1 to 5, inclusive, 7 to 21, inclusive, and 25 of this act

21-30  become effective on July 1, 2002.

 

21-31  H