Amendment No. 42

 

Assembly Amendment to Assembly Bill No. 218                                                              (BDR 34‑1276)

Proposed by: Committee on Education

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, line 3, after “1.”by inserting:

     “The board of trustees of each school district shall adopt a master plan to provide for the progressive discipline of pupils enrolled in the school district and the on-site review of disciplinary decisions. The master plan must:

     (a) Include a provision for the withholding of a portion of the salary or other compensation of a principal pursuant to subsection 6; and

     (b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.

     2.  The board of trustees of each school district shall submit a copy of the master plan to the Superintendent of Public Instruction.

     3.”.

     Amend section 1, page 1, line 7, after “teachers” by inserting:

and support personnel”.

     Amend section 1, page 2, by deleting lines 3 through 30 and inserting:

     “(e) Comply with the master plan adopted pursuant to subsection 1 by the board of trustees of the school district in which the school is located.

     4.  After the input and participation of teachers, support personnel, and parents and guardians of pupils is received pursuant to paragraph (a) of subsection 3, the principal and the teachers and support personnel who are employed at the school shall adopt the plan without any further review except as required by subsection 5.

     5.  On or before October 1 of each year, the principal of each public school shall:

     (a) Review the plan in consultation with the teachers and support personnel who are employed at the school;

     (b) Based upon the review, make revisions to the plan, as recommended by the teachers and support personnel, if necessary;

     (c) Post a copy of the plan or the revised plan, as applicable, in a prominent place at the school for public inspection and otherwise make the plan available for public inspection at the administrative office of the school; and

     (d) Submit a copy of the plan or the revised plan, as applicable, to the superintendent of schools of the school district.

     6.  If a principal fails to submit a copy of the plan or the revised plan, as applicable, pursuant to subsection 5 on or before October 1, the board of trustees of the school district shall withhold a portion of his salary or other compensation, as determined by the board of trustees in accordance with the master plan adopted pursuant to subsection 1, for each day after October 1 during which the school’s plan is not submitted to the superintendent of schools. The board of trustees shall set aside and maintain separately the portion of the principal’s salary or other compensation that is withheld until such time as the principal submits the plan or the revised plan, as applicable, to the superintendent of schools. If the principal of the school submits the plan or the revised plan, as applicable, to the superintendent of schools, the board of trustees shall immediately pay to the principal the salary or other compensation that was withheld.

     7.  On or before November 1 of each year, the superintendent of schools of each school district shall submit a report to the board of trustees of the school district that includes:

     (a) A compilation of the plans submitted pursuant to this section by each school within the school district.

     (b) The name of each principal, if any, who has not complied with the reporting requirements of this section.

     8.  On or before November 30 of each year, the board of trustees of each school district shall submit a written report to the Superintendent of Public Instruction based upon the compilation submitted pursuant to subsection 7 that reports the progress of each school within the district in complying with the requirements of this section.

     9.  On or before December 31 of each year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau concerning the progress of the schools and school districts throughout this state in complying with this section. If the report is submitted during:

     (a) An even-numbered year, the Director of the Legislative Counsel Bureau shall transmit it to the next regular session of the Legislature.

     (b) An odd-numbered year, the Director of the Legislative Counsel Bureau shall transmit it to the Legislative Committee on Education.”.

     Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:

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

     392.4645  1.  The master plan of a board of trustees and theplan of a school established pursuant to NRS 392.4644 must provide for the temporary removal of a pupil from a classroom if, in the judgment of the teacher, the pupil has engaged in behavior that seriously interferes with the ability of the teacher to teach the other pupils in the classroom and with the ability of the other pupils to learn. The master plan of a board of trustees and the plan of a schoolmust provide that, upon the removal of a pupil from a classroom pursuant to this section, the principal of the school shall provide an explanation of the reason for the removal of the pupil to the pupil and offer the pupil an opportunity to respond to the explanation. Within 24 hours after the removal of a pupil pursuant to this section, the principal of the school shall notify the parent or legal guardian of the pupil of the removal.

     2.  Except as otherwise provided in subsection 3, a pupil who is removed from a classroom pursuant to this section must be assigned to a temporary alternative placement pursuant to which the pupil:

     (a) Is separated, to the extent practicable, from pupils who are not assigned to a temporary alternative placement;

     (b) Studies under the supervision of appropriate personnel of the school district; and

     (c) Is prohibited from engaging in any extracurricular activity sponsored by the school.

     3.  The principal shall not assign a pupil to a temporary alternative placement if the suspension or expulsion of a pupil who is removed from the classroom pursuant to this section is:

     (a) Required by NRS 392.466; or

     (b) Authorized by NRS 392.467 and the principal decides to proceed in accordance with that section.

FLUSH

 
If the principal proceeds in accordance with NRS 392.466 or 392.467, the pupil must be removed from school in accordance with those sections and the provisions of NRS 392.4642 to 392.4648, inclusive, do not apply to the pupil.”.

     Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding a new section designated sec. 4, following sec. 2, to read as follows:

     “Sec. 4.  On or before September 1, 2003, the board of trustees of each school district shall adopt a master plan pursuant to section 1 of this act.”.

     Amend the title of the bill to read as follows:

“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.”.