Assembly Bill No. 218–Committee on Education

 

February 28, 2003

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Referred to Committee on Education

 

SUMMARY—Revises provisions governing temporary alternative placement of disruptive pupils. (BDR 34‑1276)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to education; revising provisions governing the plan required of each public school for the progressive discipline and on-site review of disciplinary decisions regarding pupils; providing that the salary of a principal may be withheld under certain circumstances if the principal does not comply with provisions governing the establishment, review and implementation of a plan; specifying the terms of certain members on a committee to review the temporary alternative placement of pupils; 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 392.4644 is hereby amended to read as

1-2  follows:

1-3  392.4644  1.  The principal of each public school shall

1-4  establish a plan to provide for the progressive discipline of pupils

1-5  and on-site review of disciplinary decisions. The plan must:

1-6  [1.] (a) Be developed with the input and participation of

1-7  teachers who are employed at the school and the parents and

1-8  guardians of pupils who are enrolled in the school.

1-9  [2.] (b) Be consistent with the written rules of behavior

1-10  prescribed in accordance with NRS 392.463.

1-11      [3.] (c) Include, without limitation, provisions designed to

1-12  address the specific disciplinary needs and concerns of the school.

2-1  [4.] (d) Provide for the temporary removal of a pupil from a

2-2  classroom in accordance with NRS 392.4645.

2-3  2.  After the input and participation of teachers and parents

2-4  and guardians of pupils is received pursuant to paragraph (a) of

2-5  subsection 1, the principal and the teachers who are employed at

2-6  the school shall adopt the plan without any further review except

2-7  as required by subsection 3.

2-8  3.  On or before October 1 of each year, the principal of each

2-9  public school shall review the plan in consultation with the

2-10  teachers who are employed at the school. Based upon the review,

2-11  the principal shall make revisions to the plan, if necessary.

2-12      4.  Except as otherwise provided in this subsection, if a

2-13  principal fails to establish, review and carry out a plan pursuant to

2-14  this section on or before October 1, the board of trustees of the

2-15  school district that employs the principal shall withhold his salary

2-16  or other compensation for each day after October 1 during which

2-17  the plan is not established, reviewed and carried out. The principal

2-18  of a school may request that the teachers employed at the school

2-19  grant him additional time, not to exceed 30 days, to comply with

2-20  this section. If a majority of the teachers agree to grant the

2-21  principal additional time, the principal shall notify the board of

2-22  trustees of the school district in which he is employed. Regardless

2-23  of whether a majority of the teachers employed at the school agree

2-24  to grant additional time, the board of trustees of a school district

2-25  may, for good cause shown, grant a principal additional time, not

2-26  to exceed 30 days, to comply with the requirements of this section.

2-27  If the majority of the teachers employed at a school or the board of

2-28  trustees grant additional time, the board of trustees shall not

2-29  withhold the salary or other compensation of the principal during

2-30  that period.

2-31      Sec. 2.  NRS 392.4647 is hereby amended to read as follows:

2-32      392.4647  1.  The principal of each public school shall

2-33  establish at least one committee to review the temporary alternative

2-34  placement of pupils. A committee established pursuant to this

2-35  section must consist of the principal and two regular members who

2-36  are teachers selected for membership by a majority of the teachers

2-37  who are employed at the school. One additional teacher must be

2-38  selected in the same manner to serve as an alternate member. The

2-39  term of membership for the teachers who serve on the committee

2-40  is 1 school year.

2-41      2.  If a pupil is removed from the classroom pursuant to NRS

2-42  392.4645 by a teacher who is a member of a committee established

2-43  pursuant to this section, the teacher shall not participate in the

2-44  review of the placement of the pupil and the alternate member shall

2-45  serve on the committee for that review.

3-1  Sec. 3. This act becomes effective on July 1, 2003.

 

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