Assembly Bill No. 218–Committee on Education

 

February 28, 2003

____________

 

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; requiring the board of trustees of each school district to adopt a master plan for the progressive discipline of pupils and on-site review of disciplinary decisions; revising provisions governing the plan required of each public school for the progressive discipline of pupils and on-site review of disciplinary decisions; providing that the salary of a principal must be withheld if the principal does not submit a plan within the time prescribed; 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 board of trustees of each school district

1-4  shall adopt a master plan to provide for the progressive discipline

1-5  of pupils enrolled in the school district and the on-site review of

1-6  disciplinary decisions. The master plan must:

1-7  (a) Include a provision for the withholding of a portion of the

1-8  salary or other compensation of a principal pursuant to subsection

1-9  6; and

2-1  (b) Be consistent with the written rules of behavior prescribed

2-2  in accordance with NRS 392.463.

2-3  2.  The board of trustees of each school district shall submit a

2-4  copy of the master plan to the Superintendent of Public

2-5  Instruction.

2-6  3.  The principal of each public school shall establish a plan to

2-7  provide for the progressive discipline of pupils and on-site review of

2-8  disciplinary decisions. The plan must:

2-9  [1.] (a) Be developed with the input and participation of

2-10  teachers and support personnel who are employed at the school

2-11  and the parents and guardians of pupils who are enrolled in the

2-12  school.

2-13      [2.] (b) Be consistent with the written rules of behavior

2-14  prescribed in accordance with NRS 392.463.

2-15      [3.] (c) Include, without limitation, provisions designed to

2-16  address the specific disciplinary needs and concerns of the school.

2-17      [4.] (d) Provide for the temporary removal of a pupil from a

2-18  classroom in accordance with NRS 392.4645.

2-19      (e) Comply with the master plan adopted pursuant to

2-20  subsection 1 by the board of trustees of the school district in which

2-21  the school is located.

2-22      4.  After the input and participation of teachers, support

2-23  personnel, and parents and guardians of pupils is received

2-24  pursuant to paragraph (a) of subsection 3, the principal and the

2-25  teachers and support personnel who are employed at the school

2-26  shall adopt the plan without any further review except as required

2-27  by subsection 5.

2-28      5.  On or before October 1 of each year, the principal of each

2-29  public school shall:

2-30      (a) Review the plan in consultation with the teachers and

2-31  support personnel who are employed at the school;

2-32      (b) Based upon the review, make revisions to the plan, as

2-33  recommended by the teachers and support personnel, if necessary;

2-34      (c) Post a copy of the plan or the revised plan, as applicable, in

2-35  a prominent place at the school for public inspection and

2-36  otherwise make the plan available for public inspection at the

2-37  administrative office of the school; and

2-38      (d) Submit a copy of the plan or the revised plan, as applicable,

2-39  to the superintendent of schools of the school district.

2-40      6.  If a principal fails to submit a copy of the plan or the

2-41  revised plan, as applicable, pursuant to subsection 5 on or before

2-42  October 1, the board of trustees of the school district shall

2-43  withhold a portion of his salary or other compensation, as

2-44  determined by the board of trustees in accordance with the master

2-45  plan adopted pursuant to subsection 1, for each day after

 

3-1  October 1 during which the school’s plan is not submitted to the

3-2  superintendent of schools. The board of trustees shall set aside

3-3  and maintain separately the portion of the principal’s salary or

3-4  other compensation that is withheld until such time as the

3-5  principal submits the plan or the revised plan, as applicable, to the

3-6  superintendent of schools. If the principal of the school submits

3-7  the plan or the revised plan, as applicable, to the superintendent of

3-8  schools, the board of trustees shall immediately pay to the

3-9  principal the salary or other compensation that was withheld.

3-10      7.  On or before November 1 of each year, the superintendent

3-11  of schools of each school district shall submit a report to the board

3-12  of trustees of the school district that includes:

3-13      (a) A compilation of the plans submitted pursuant to this

3-14  section by each school within the school district.

3-15      (b) The name of each principal, if any, who has not complied

3-16  with the reporting requirements of this section.

3-17      8.  On or before November 30 of each year, the board of

3-18  trustees of each school district shall submit a written report to the

3-19  Superintendent of Public Instruction based upon the compilation

3-20  submitted pursuant to subsection 7 that reports the progress of

3-21  each school within the district in complying with the requirements

3-22  of this section.

3-23      9.  On or before December 31 of each year, the

3-24  Superintendent of Public Instruction shall submit a written report

3-25  to the Director of the Legislative Counsel Bureau concerning the

3-26  progress of the schools and school districts throughout this state in

3-27  complying with this section. If the report is submitted during:

3-28      (a) An even-numbered year, the Director of the Legislative

3-29  Counsel Bureau shall transmit it to the next regular session of the

3-30  Legislature.

3-31      (b) An odd-numbered year, the Director of the Legislative

3-32  Counsel Bureau shall transmit it to the Legislative Committee on

3-33  Education.

3-34      Sec. 2.  NRS 392.4645 is hereby amended to read as follows:

3-35      392.4645  1.  The master plan of a board of trustees and the

3-36  plan of a school established pursuant to NRS 392.4644 must

3-37  provide for the temporary removal of a pupil from a classroom if, in

3-38  the judgment of the teacher, the pupil has engaged in behavior that

3-39  seriously interferes with the ability of the teacher to teach the other

3-40  pupils in the classroom and with the ability of the other pupils to

3-41  learn. The master plan of a board of trustees and the plan of a

3-42  schoolmust provide that, upon the removal of a pupil from a

3-43  classroom pursuant to this section, the principal of the school shall

3-44  provide an explanation of the reason for the removal of the pupil to

3-45  the pupil and offer the pupil an opportunity to respond to the

3-46  explanation. Within 24 hours after the removal of a pupil pursuant

3-47  to this section, the principal of the school shall notify the parent or

3-48  legal guardian of the pupil of the removal.

3-49      2.  Except as otherwise provided in subsection 3, a pupil who is

3-50  removed from a classroom pursuant to this section must be assigned

3-51  to a temporary alternative placement pursuant to which the pupil:

3-52      (a) Is separated, to the extent practicable, from pupils who are

3-53  not assigned to a temporary alternative placement;

3-54      (b) Studies under the supervision of appropriate personnel of the

3-55  school district; and

3-56      (c) Is prohibited from engaging in any extracurricular activity

3-57  sponsored by the school.

3-58      3.  The principal shall not assign a pupil to a temporary

3-59  alternative placement if the suspension or expulsion of a pupil who

3-60  is removed from the classroom pursuant to this section is:

3-61      (a) Required by NRS 392.466; or

3-62      (b) Authorized by NRS 392.467 and the principal decides to

3-63  proceed in accordance with that section.

3-64  If the principal proceeds in accordance with NRS 392.466 or

3-65  392.467, the pupil must be removed from school in accordance with

3-66  those sections and the provisions of NRS 392.4642 to 392.4648,

3-67  inclusive, do not apply to the pupil.

3-68      Sec. 3.  NRS 392.4647 is hereby amended to read as follows:

3-69      392.4647  1.  The principal of each public school shall

3-70  establish at least one committee to review the temporary alternative

3-71  placement of pupils. A committee established pursuant to this

3-72  section must consist of the principal and two regular members who

3-73  are teachers selected for membership by a majority of the teachers

3-74  who are employed at the school. One additional teacher must be

3-75  selected in the same manner to serve as an alternate member. The

3-76  term of membership for the teachers who serve on the committee

3-77  is 1 school year.

3-78      2.  If a pupil is removed from the classroom pursuant to NRS

3-79  392.4645 by a teacher who is a member of a committee established

3-80  pursuant to this section, the teacher shall not participate in the

3-81  review of the placement of the pupil and the alternate member shall

3-82  serve on the committee for that review.

3-83      Sec. 4.  On or before September 1, 2003, the board of trustees

3-84  of each school district shall adopt a master plan pursuant to section

3-85  1 of this act.

3-86      Sec. 5. This act becomes effective on July 1, 2003.

 

3-87  H