AB 168 — Revises provisions governing the discipline of pupils. (BDR 34-539)

thereto the provisions set forth as sections 3.3 and 3.7 of this act.

3.

Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 3.3 and 3.7 of this act.

Sec.

(b) A timeline for implementation of the requirements of this sectionsec(c) andOne sectionor 3.7more models of thisrestorative actjustice byand abest publicpractices school;relating to restorative justice;

(c) One or more models of restorative justice and best practices relating to restorative justice;

- *AB168_R3* – 6 – 5.

- 80th Session (2019) – 6 – (b) “Restorative justice” means nonpunitive intervention and support provided by the school to a pupil to improve the behavior of the pupil and remedy any harm caused by the pupil.

Each public school shall collect data on the disciplinethe number of pupils.expulsions and suspensions of pupils and thetation, number of placements of pupils in another school.

Such data must include, without limitation, the number of expulsions and suspensions of pupils and the number of placements of pupils in another school.

(b) Possessing a toy firearm or toy dangerous weapon that is 2 inchesinc(c) Possessing a toy firearm or lesstoy indangerous length;weapon made of plastic building blocks which snap together;

(c) Possessing a toy firearm or toy dangerous weapon made of plastic building blocks which snap together;

- *AB168_R3* – 7 – (a) Substantially disrupts learning by pupils or substantially disrupts the educational environment at the school;

or - 80th Session (2019) – 7 – (c) Places another person in reasonable fear of bodily harm.

Except as otherwise provided in subsection 5, a school, school district, board of trustees of a school district or other entity shall not adopt any policy, ordinance or regulation which conflicts withwit5. this section.

5.

(2) A designation of the personnel who must receive the training, including, without limitation, personnel who are employed in schools at the grade levels designated pursuant to subparagraph (1).

the grade levels designated pursuant to  The board of trustees of each school district shall ensure that the training is provided to the pupils and personnel designated in the policy.

- *AB168_R3* – 8 – 3.

(a)- Local80th lawSession enforcement(2019) agencies;– 8 – (b) School police officers, if any;

(b) School police officers, if any;

(a) Be developed with the input and participation of teachers , school administrators and other educational personnel and support personnel who are employed [at] by the school [,] district, and the parents and guardians of pupils who are enrolled in [the school.]school.]he schools within the school district.

(g) Be posted on the Internet website maintained by the school district.

posted on the Internet website maintained by the school 2.

- *AB168_R3*80th –Session 9(2019) – (b)9 Based– upon the review, [make] recommend to the board of trustees of the school district revisions to the plan, as recommended by the teachers , school administrators and other educational personnel and support personnel [,] and the parents and guardians of pupils and the pupils who are enrolled in the school, if necessary;

[On or before October 15 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:

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

Except as otherwise provided in this section, a principal of a school shall deem a pupil enrolled in the school a habitual disciplinary problem if the school has written evidenceevidencea which documents that in 1 school year:

2.- 80th Session (2019) – 10 – school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of the school deem a pupil a habitual disciplinary problem.

At least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of - *AB168_R3* – 10 – the school deem a pupil a habitual disciplinary problem.

(a) A description of the act committed by the pupil and the date on which(b) An explanation that if the actpupil wasreceives committed;five suspensions on his or her record during the current school year and has not entered into and participated in a plan of behavior pursuant to subsection 5, the pupil will be deemed a habitual disciplinary problem;

(b) An explanation that if the pupil receives five suspensions on his or her record during the current school year and has not entered into and participated in a plan of behavior pursuant to subsection 5, the pupil will be deemed a habitual disciplinary problem;

(d) If the pupil has a disability and is participating in a program of special education pursuant to NRS 388.419, an explanation of the effect of subsection [8] 10 of NRS 392.466, including, without limitation, that ifthe itpupil’s behavior is determinednot a manifestation of the pupil’s disability, he or she may be suspended or expelled from school in accordancethe withsame 20manner U.S.C.as a pupil without a disability;

§ 1415 that the pupil’s behavior is not a manifestation of the pupil’s disability, he or she may be suspended or expelled from school in the same manner as a pupil without a disability;

5.- 80th Session (2019) – 11 – enrolled [may] shall develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil.

If a pupil is suspended, the school in which the pupil is enrolled [may] shall develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil.

If the parent or legal guardian of the pupil chooses for the pupil not to participate, - *AB168_R3* – 11 – the school shall inform the parent or legal guardian of the consequences of not participating in the plan of behavior.

or (2) Deemed to be a habitual disciplinary problem pursuant to thisthi(c) section.A voluntary agreement by the parent or legal guardian to attend school with his or her child.

(c) A voluntary agreement by the parent or legal guardian to attend school with his or her child.

A pupil may, pursuant to the provisions of this section, enter intoint8. one plan of behavior per school year.

8.

- 80th Session (2019) – 12 – Sec.

Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus [must, for thethevity first occurrence, be suspended or expelled from that school, although the pupil may be placed in another kind of school, for at least a period equal to one semester for that school.

For a second - *AB168_R3* – 12 – occurrence, the pupil must be permanently expelled from that school and:] and who is at least 11 years of age shall meet with the school and his or her parent or legal guardian.

(a) The employee feels any actions taken pursuant to such planpla(b) areFor inappropriate;a pupil who committed the battery and is participating in a program of special education pursuant to NRS 388.419, the board of trustees of the school district has reviewed the circumstances and determined that such an appeal is in compliance with the Individuals with Disabilities Education Act, U.S.C.

and (b) For a pupil who committed the battery and is participating in a program of special education pursuant to NRS 388.419, the board of trustees of the school district has reviewed the circumstances and determined that such an appeal is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

(a)- Enroll80th inSession a(2019) private– school13 pursuant– to chapter 394 of NRS, become an opt-in child or be homeschooled;

or chapter 394 of NRS, (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

If a school is unable to retain a pupil in the school pursuant to subsection 1 for the safety of any person or because doing so would not be in the best interest of the pupil, the pupil - *AB168_R3* – 13 – may be suspended, expelled or placed in another school.

The school district of the current school of the pupil shall coordinate with the new school or the board of trustees of the school district of the new school to create a plan of action based on restorative justice for the pupil and to ensure that any resources required to execute the plan of action based on restorative justice are available at the new school.

(a) Enroll in a private school pursuant to chapter 394 of NRS, become an opt-in child or be homeschooled;

or chapter 394 of NRS, (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow- a80th modificationSession to(2019) [the]– a14 suspension– or expulsion [requirement, as applicable, of subsection 1, 2 or 3] pursuant to subsections 1 to 5, inclusive, if such modification is set forth in writing.

- *AB168_R3* – 14 – [7.

In extraordinary circumstances, a school may request an exception to this subsection from the board of trustees of the school district.

§§ 1400 et seq., be:

(a) Suspended from school pursuant to this section for not more than [10] 5 days.

Such a suspension may be imposed pursuant totomore this paragraph for each occurrence of conduct proscribed by subsection 1.

9.]- 11.80th Session (2019) – 15 – (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

As used in this section:

(a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

(c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included - *AB168_R3* – 15 – within the definition of a “firearm” in 18 U.S.C.

[10.]who 12.is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456.

The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456.

Except as otherwise provided in NRS 392.466, a pupil who isfrom notschool.than more than 10 years of age must not be permanently expelled from2. school.

2.Except as otherwise provided in subsection [5,] 6, no pupil may be suspended or expelled until the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing, except that a pupil who [poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or] is found to be in possession of a firearm or a dangerous weapon as provided in NRS 392.466 may be removed - 80th Session (2019) – 16 – from the school immediately upon being given an explanation of the reasons for his or her removal and pending proceedings, to be conducted as soon as practicable after removal, for the pupil’s suspension or expulsion.

Except as otherwise provided in subsection [5,] 6, no pupil may be suspended or expelled until the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing, except that a pupil who [poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or] is found to be in possession of a firearm or a dangerous weapon as provided in NRS 392.466 may be removed from the school immediately upon being given an explanation of the reasons for his or her removal and pending proceedings, to be conducted as soon as practicable after removal, for the pupil’s suspension or expulsion.

and (b)school Givesto noticethe ofpupil.of the charges brought against the pupil by the school4. to the pupil.

- *AB168_R3* – 16 – 4.

A pupil who is participating in a program of special education pursuant to NRS 388.419, other than a pupil who receives early intervening services, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters [,] and only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

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