Revises provisions governing the suspension and expulsion of pupils. (BDR 34-176)
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AB 194 — Revises provisions governing the suspension and expulsion of pupils. (BDR 34-176)
Last action — Approved by the Governor. Chapter 196.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 04, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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14 sponsors
3 primary, 11 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (7 D · 1 R) — cross-party backing.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
573 added · 614 removed573 line(s) added, 614 removed.
EXEMPTAssembly (ReprintedBill withNo. amendments adopted on April 19, 2021) FIRST REPRINT A.B.
194194–Assemblymen ATorres, SSEMBLYFlores, BILLGonzález; NO .
194–AConsidine, SSEMBLYMENDuran, TORRESGorelow, ,Krasner, FLORESMartinez, ,Marzola, GC.H. ONZÁLEZ ;
CONSIDINEMiller, ,Peters, DURANSummers-Armstrong ,and GThomas ORELOWJoint ,Sponsor: K RASNER , M ARTINEZ , MARZOLA , C.H.
MSenator ILLE,Donate PETERSCHAPTER.......... , UMMERS - A RMSTRONG AND T HOMAS M ARCH 4, 2021 ____________ JOINT SPONSOR :
ENATOR DONATE ____________ Referred to Committee on Education SUMMARY—Revises provisions governing the suspension and expulsion of pupils.
(BDR 34-176) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
(NOTREQUESTED AFFECTELOCALGOVERNMEN)) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegUnderLegiUnder existing law, certain pupils may be suspended or expelled from school for various reasons.
(NRS 392.467) Section 5 of this bill requires the board of trustees of each school district and the governing body of each charter -school *AB194_R1*and –university 2school –for allowsprofoundly agifted pupilpupils or,to ifadopt thea pupilpolicy isthat under 18 years of age, the parent or legal guardian of the pupil to appeal the suspension or expulsion of the pupil.
Under section 5, thethen policy must provide, without limitation, that (1) the board of trustees of the school district or the governing body of the charter school or university school, or a designee, as applicable, may authorize the suspension or expulsion of a pupil within the timeline established by the Department of Education;
(2) the board of trustees of the school district or the governing body of the charter school or university school,guardian orof athe designee,pupil, as applicable, shallof notify the pupilsuspension andor expulsion, the parentright ortoal legal appeal the suspension or expulsion and information on the appeal policy;
(3) thetothe pupil, parent or legal guardian of the pupil, as applicable, may appeal the suspension or expulsion within the timeline established by the Department;
and (5) the board of trustees of the school district or the governing body of the charter school or university school, or a designee, as applicable, may not increase the initialinitialr suspension or expulsion of a pupil after conducting a hearing.
Section 5 also requires the board of trustees of a school district or the governing body of the charter school or university school, or a designee, as applicable, to post the appeal policy on the Internet website of the school district and each school within the district or the charter school or university school, as applicable.
- 81st Session (2021) – 2 – Under existing law, certain hearings conducted by public bodies must be open to the public.
Section 6 of this bill provides that a pupil who is suspended or expelled or who is being considered for suspension or expulsion is entitled to receive an educationeducationo in the least restrictive environment possible.
Sections 2 and 3 of this bill authorize a pupil of a charter school or university school or the parent or guardian of a pupil of a charter school or university school to appeal a suspension or expulsion in accordance with the policy adopted by the governing body of the charter school or university school, as applicable, pursuant to section 5.
Section 7 of this bill requires the Department to provide to the board of trustees sectionof 5a inschool asdistrict manyguidance languagesregarding as possible for the benefitappeal ofpolicy pupilsadopted andpursuant theirto families.
in as many languages as possible for the benefit of pupils and their Existing law requires the Department to adopt regulations relating to restorative justice in disciplining pupils.
Section 10 of this bill makes a conforming change related to the role of the Office in providing consultation to the DepExistingDepartment lawrelating requires the board of trustees of each school district and the sponsor of each charter school to submitrestorative anjustice. annual report of accountability that includes, without limitation, certain information on the discipline of pupils.
(NRSExisting 385A.070,law 385A.250)requires Sectionthe 1board of thistrustees billof requireseach thatschool district and the sponsor of each charter school to submit an annual report alsoof includeaccountability that includes, without limitation, certain information on:on the discipline of pupils.
(1)(NRS the385A.070, plan385A.250) forSection restorative1 justiceof andthis thebill processrequires forthat progressivethe -report *AB194_R1*also –include 3 – discipline used by the school;
and (2) the manner in which the school trainstrainsgressive employees on restorative justice and progressive discipline.
Existing law requires the principal of each school, in consultation with the employees of the school, to prepare a plan to improve the achievement of pupils enrolled in the school.
THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sectionmatter 1.between brackets [omitted material] is material to be omitted.
- 81st Session (2021) – 3 – THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
(e) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district:distri(1) The number of reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school, regardless of the outcome of the investigation conducted pursuant to NRS 388.1351;
(1) The number of reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school, regardless of the outcome of the investigation conducted pursuant to NRS 388.1351;
and (4) Any actions taken to reduce the number of incidents of bullying or cyber-bullying including, without limitation, training - *AB194_R1* – 4 – that was offered or other policies, practices and programs that were implemented.
(1) The number and percentage of pupils whose violations of the code of honor relating to cheating prescribed pursuant to NRS 392.461 or any other code of honor applicable to pupils enrolled in high- school81st wereSession (2021) – 4 – reported toby the principaltype of violation;rincipal of the high school, (2) The consequences, if any, to the pupil whose violation is reported pursuant to subparagraph (1), reported by the type of violation;consequence;
(2) The consequences, if any, to the pupil whose violation is reported pursuant to subparagraph (1), reported by the type of consequence;
2.allow such information to be disaggregated by:section 1 must (a) Pupils who are economically disadvantaged;
The information included pursuant to subsection 1 must allow such information to be disaggregated by:
Show all 102 changed lines (62 more)
(a) Pupils who are economically disadvantaged;
(b) “Cyber-bullying” has the meaning ascribed to it in NRS(c) “Restorative justice” has the meaning ascribed to it in NRS 388.123.392.472.
(c)Sec. “Restorative justice” has the meaning ascribed to it in NRS 392.472.
- *AB194_R1* – 5 – Sec.
- 81st Session (2021) – 5 – (a) Include any information prescribed by regulation of the State Board;
(c) Include, without limitation, methods for evaluating and improving the school climate in the school;
and evaluating and [(c)] (d) Comply with the provisions of 20 U.S.C.
As used in this section, “school climate” means the basis of which to measure the relationships between pupils and the parents or legal guardians of pupils and educational personnel, the cultural and linguistic competence of instructional materials and educational personnel, the emotional and physical safety of pupils and educational personnel and the social, emotional and academic development of pupils and educational personnel.
If suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, - *AB194_R1* – 6 – before the suspension or expulsion, the pupil and, if the pupil is under 18 years of age, the parent or guardian of the pupil, has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing.
If a pupil is suspended or expelled, the pupil or, if the pupil is under 18 years of age, the parent- or81st guardianSession of(2021) the– pupil6 may– appeal the suspension or expulsion in accordance with the provisions of section 5 of this act.
The charter school shall ensure that a pupil who is suspended or expelled and is appealing the suspension or expulsion or a pupil who is being considered for suspension or expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by section 6 of this act.
A pupil who is at least 11 years of age and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, who is 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 only after the charter school has made a reasonable effort to complete a plan of action based on restorative justice392.466 withand the392.467.il pupil in accordance with the provisions of NRS 392.4664. and 392.467.
4.
(a) Distributed to each pupil at the beginning of the school year andand(b) toAvailable eachfor newpublic pupilinspection whoat enters school during the year.charter school.
(b) Available for public inspection at the charter school.
If a governing body adopts rules governing truancy, it shall include the - *AB194_R1* – 7 – rules in the written rules adopted by the governing body pursuant to subsection 1.
- 81st Session (2021) – 7 – Sec.
(a) Written rules of behavior for pupils enrolled in the university school,sch(b) including,Appropriate withoutpunishments limitation,for prohibitedviolations acts;of the rules.
and (b) Appropriate punishments for violations of the rules.
A pupil who is at least 11 years of age and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, who is 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 only after the university school for profoundly gifted pupils has made a reasonable effort to complete a plan of action based ononhas restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.
- *AB194_R1*81st Session (2021) – 8 – 5.procedures to be followed in imposing punishments must be:ments and (a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters the university school for profoundly gifted pupils during the year.
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 the university school for profoundly gifted pupils during the year.
The board of trustees of each school district and the governing body of each charter school or university school for profoundly gifted pupils, as applicable, shall adopt a policy forforr appealing the suspension or expulsion of a pupil enrolled in the school district, charter school or university school, as applicable.
(b) Within the timeline established by the Department pursuant to section 8 of this act, the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, shall notify the pupil and, if the pupil is under 18 years of age, the parent or legal guardian of the pupil who is suspended or expelled of:
or legal (1) The suspension or expulsion;
(c) A pupil or, if the pupil is under 18 years of age, the parent or legal guardian of the pupil, who is suspended or expelled may file an appeal with the board of trustees of the school district, the - 81st Session (2021) – 9 – governing body of the charter school or university school for profoundly gifted pupils or the designee of the board of trustees or - *AB194_R1* – 9 – governing body, as applicable, within the timeline established by the Department pursuant to section 8 of this act;
(d) The board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, shall schedule a hearing on an appeal of a suspension or expulsion of a pupil within the timeline established by the Department pursuant to section 8 of this act;
A pupil who is suspended or expelled or is being considered for suspension or expulsion is entitled to receive an appropriateappSec. education in the least restrictive environment possible.
7.e eThe Department shall, to the extent practicable,ssible.
provide guidance to the board of trustees of each school district on the appeal policy adopted by the board of trustees of each school district pursuant to section 5 of this act in as many languages as possible for the benefit of pupils and parents or legal guardians of pupils.
7.
The Department shall, to the extent practicable, provide guidance to the board of trustees of each school district on the appeal policy adopted by the board of trustees of each school district pursuant to section 5 of this act in as many languages as possible for the benefit of pupils and parents or legal guardians of pupils.
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- while81st onSession the(2021) premises– of10 any– public school, at an activity sponsored by a public school or on any school bus and who is atativity least 11 years of age shall meet with the school and his or her parent or legal guardian.
The school shall provide a plan of action based on - *AB194_R1* – 10 – restorative justice to the parent or legal guardian of the pupil.
(a) The employee feels any actions taken pursuant to such plan are inappropriate;
andandels any actions taken pursuant to such plan (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) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled;
orprivate school pursuant to chapter 394 of NRS or (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- not81st beSession in(2021) the– best11 interest– of the pupil, the pupil may be suspended, expelled or placed in another school.
The school district of the current school of - *AB194_R1* – 11 – 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) Suspended from the school for a period not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline;
ororseriousness of the acts which (b) Expelled from the school under extraordinary circumstances as determined by the principal of the school.
The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to a suspension or expulsion pursuant to subsections 1 to 5, inclusive, if such modification is set forth in writing.
TheThe1 superintendent shall allow such a modification if the superintendent determines that a plan of action based on restorative justice may be used successfully.
9.- 81st Session (2021) – 12 – not more than 10 years of age must not be permanently expelledwho is from school.
Except as otherwise provided in this section, a pupil who is not more than 10 years of age must not be permanently expelled from school.
A pupil who is at least 11 years of age may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in - *AB194_R1* – 12 – accordance with the procedural policy adopted by the board for such issues.
§§ 1400 et seq.,(a) be:Suspended from school pursuant to this section for not more than 5 days.
(a) Suspended from school pursuant to this section for not more than 5 days.
(b) “Dangerous weapon” includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, a switchblade knife as defined in NRS 202.265, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.per(c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C.
(c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C.
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- if81st theSession pupil(2021) is– accepted13 for– enrollment by the charter school pursuant to NRS 388A.453 or 388A.456.
Upon request, thether governing body of a charter school must be provided with access to the records of the pupil relating to the pupil’s suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.
Except as otherwise provided in NRS 392.466 and to the extent practicable, a public school shall provide a plan of - *AB194_R1* – 13 – action based on restorative justice before expelling a pupil from school.
(d) A referral to an individualized education program team;
(d) A curriculum for professional development relating to restorative justice and references for one or more consultants or presenters qualified to provide additional information or training relating to restorative justice;
- 81st Session (2021) – 14 – (a) “Individualized education program team” has the meaning ascribed to it in 20 U.S.C.
(b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and,and,mitation, - *AB194_R1* – 14 – except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.
Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 239C.420, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 295.121, 360.247, 388.261, 388A.495, 388C.150, 388D.355, 388G.710, 388G.730, 392.147, 392.467, 394.1699, 396.3295, 414.270, 422.405, 433.534, 435.610, 442.774, 463.110, 480.545, 622.320, 622.340, 630.311, 630.336, 44631.3635,3.1639.050,54642.518,20,642.557,,631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725 [,] and section 5 of this act, which:
H~~~~~ 21 - *AB194_R1*81st Session (2021)
Show all 102 changed rows (62 more)
View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 196.
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Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 19, Nays: 1, Excused: 1.) To Assembly.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Read second time.
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From committee: Do pass.
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In Senate. Read first time. Referred to Committee on Education. To committee.
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Read third time. Passed, as amended. Title approved, as amended. (Yeas: 36, Nays: 6.) To Senate.
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From committee: Do pass, as amended.
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From printer. To engrossment. Engrossed. First reprint. To committee.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 117.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Education. To printer.
Sponsors
- Lisa Krasner · Cosponsor
- Susie Martinez · Cosponsor
- Elaine H. Marzola · Cosponsor
- Clara Thomas · Cosponsor
- Fabian Doñate · Cosponsor
- Selena Torres-Fossett · Primary
- Edgar Flores · Primary
- Cecelia González · Primary
- Venicia Considine · Cosponsor
- Brittney M. Miller · Cosponsor
- Bea Duran · Cosponsor
- Shondra Summers-Armstrong · Cosponsor
- Sarah Peters · Cosponsor
- Michelle Gorelow · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 11 co-sponsors · 53 not signed on
Sponsors (3)
- Torres-Fossett, Selena Democratic
- Flores, Edgar Democratic
- González, Cecelia Democratic
Co-sponsors (11)
- Krasner, Lisa Republican
- Susie Martinez
- Marzola, Elaine H. Democratic
- Clara Thomas
- Doñate, Fabian Democratic
- Considine, Venicia Democratic
- Miller, Brittney M. Democratic
- Duran, Bea
- Summers-Armstrong, Shondra
- Peters, Sarah
- Gorelow, Michelle
Not signed on (53)
53 members have not signed on to this bill.
Show all 53 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 194?
- AB 194 is sponsored by Krasner, Lisa (Republican), Susie Martinez, Marzola, Elaine H. (Democratic), Clara Thomas, Doñate, Fabian (Democratic), Torres-Fossett, Selena (Democratic), Flores, Edgar (Democratic), González, Cecelia (Democratic), Considine, Venicia (Democratic), Miller, Brittney M. (Democratic), Duran, Bea, Summers-Armstrong, Shondra, Peters, Sarah, and Gorelow, Michelle.
- What is the current status of AB 194?
- This bill has been enacted into law. Introduced March 04, 2021. Enacted.
- Where can I track AB 194?
- Track AB 194 free on One Click Politics — get push/email alerts when it moves.
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