AB 67 — Revises provisions relating to education. (BDR 34-293)

(d) “Permanent expulsion” has the meaning ascribed to it in section 13 of this act.

(e) “Suspension” has the meaning ascribed to it in section 15 of this act.

The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information- on81st theSession discipline(2021) of– pupils,4 including,– without limitation:

on the discipline of pupils, including, without (a) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

(c) The suspension , expulsion and permanent expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

(e)charter Forschool eachin schoolthe district, including,and withoutfor limitation,this State as a whole:, each charter(1) The number of reported violations of NRS 388.135 occurring at a school inor otherwise involving a pupil enrolled at a school, regardless of the district,outcome andof forthe thisinvestigation Stateconducted aspursuant ato whole: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;

(3) The number of incidents resulting in suspension , expulsion or permanent expulsion for bullying or cyber-bullying;

and - *AB67_R1* – 5 – (4) Any actions taken to reduce the number of incidents of bullying or cyber-bullying, including, without limitation, training that was offered or other policies, practices and programs that were implemented.

(f) For each high school in each school district, including, without limitation, each charter school that operates as a high school, and for the high schools in this State as a whole:

high (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 school were reported to the principal of the high school, reported by the type of violation;

- 81st Session (2021) – 5 – (3) The number of any such violations of a code of honor in a previous school year by a pupil whose violation is reported pursuant to subparagraph (1), reported by the type of violation;

and (4) The process used by the high school to address violations of a2.codAs codeused ofin honorthis whichsection:orted are reported to the principal.

2.

As used in this section:

(d) “Permanent“Suspension” expulsion” has the meaning ascribed to it in section 1315 of this act.

(e) “Suspension” has the meaning ascribed to it in section 15 of this act.

and (c) Include occurrences of suspension , expulsion and permanent expulsion as separate offenses.

(b) Establish standard definitions of an offense for which a pupil maymay(c) beProvideinedtraining disciplinedrelandd sprofessionald development to educational personnel relating to the reporting and anyanalysis relatedof sanctions;data on the discipline of pupils.

and - *AB67_R1* – 6 – (c) Provide training and professional development to educational personnel relating to the reporting and analysis of data on the discipline of pupils.

(b) “Permanent“Suspension” expulsion” has the meaning ascribed to it in section 1315 of this act.

(c) “Suspension” has the meaning ascribed to it in section 15 of this act.

- 81st Session (2021) – 6 – 1.

(a) Improving the academic achievement of pupils;

A resume and background information for each person who serves on the board of the charter management organization or the committee to form a charter school, as applicable, which must include the name, telephone number, electronic mail address, - *AB67_R1* – 7 – background, qualifications, any past or current affiliation with any charter school in this State or any other state, any potential conflicts of interest and any other information required by the sponsor.

The procedure for applying for enrollment in the proposed charter school, which must include, without limitation, the proposed dates for accepting applications for enrollment in each year of operation under the proposed charter contract and a statement of whether the charter school will enroll pupils who are in a particular category of at-risk pupils before enrolling other children who are eligible- to81st attendSession the(2021) charter– school7 pursuant– to NRS 388A.456 and the method for determining eligibility for enrollment in each such category of at-risk pupils served by the charter school.

The manner in which the charter school plans to identify and serve the needs of pupils with disabilities, pupils who are Englishgifted learners,pupils.rs, pupils who are academically behind their peers and gifted11. pupils.

11.

The rules of behavior and punishments that the charter school plans to adopt pursuant to NRS 388A.495, including, without - *AB67_R1* – 8 – limitation, any unique discipline policies for pupils [enrolled in a program of special education.] with disabilities.

A chart that clearly presents the proposed organizational structure of the charter school and a clear description of the roles and responsibilities of the governing body, administrators and any other persons included on the chart and a table summarizing thetheany decision-making responsibilities of the staff and governing body of the charter school and, if applicable, the charter management organization that operates the charter school.

16.- 81st Session (2021) – 8 – role in operating the charter school and the role each suchay a organization will play.

The names of any external organizations that will play a role in operating the charter school and the role each such organization will play.

21.operations or mission of the charter school.ontracts central to the 22.

Explanations of any partnerships or contracts central to the operations or mission of the charter school.

22.

If the procedure is different from the procedure - *AB67_R1* – 9 – prescribed in NRS 391.680 and 391.725, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.680 and 391.725.391.725.e standards for 24.

24.

If the charter school will not provide food service or participate in the National School Lunch Program, the application must include an explanation of the manner in which the charter school will ensure that- the81st lackSession of(2021) such– food9 service– or participation does not prevent pupils from attending the charter school.school.ticipation does not prevent 25.

25.

Budgets for starting operation at the charter school, the first year of operation of the charter school and the first 5 years of operationbudgets ofclearly thestated.r charter school, with any assumptions inherent in the budgets30. clearly stated.

30.

(a) Monitor and verify the participation in and completion of coursescou(b) byRequire pupils;pupils to participate in assessments and submit course work;

- *AB67_R1* – 10 – (b) Require pupils to participate in assessments and submit course work;

If the charter school will provide a program where a student may earn college credit for courses taken in high school, a draft memorandum of understanding between the charter school and the- college81st orSession university(2021) through– which10 the– credits will be earned and a term sheet, which must set forth:

the credits will be earned (a) The proposed duration of the relationship between the charter school and the college or university and the conditions for renewal and termination of the relationship;

and (f)the Anygoverning employeesbody of the collegecharter orschool.iversity university who will serve on the35. governing body of the charter school.

35.

(1) The proposed duration of the proposed contract between the governing body of the charter school and the educational managem(2) A description of the responsibilities of the governing body of the charter school, employees of the charter school and the educational management organization;organization or other person;

(2)(3) AAll descriptionfees ofthat thewill responsibilitiesbe ofpaid theto governing body of the charter school, employees of the charter school and the educational management organization or other person;

- *AB67_R1* – 11 – (3) All fees that will be paid to the educational management organization or other person;

- 81st Session (2021) – 11 – (5) A disclosure of the investments made by the educational management organization or other person in the proposed charter school;

and (6) The conditions for renewal and termination of the contract;con(c) A disclosure of any conflicts of interest concerning the applicant and the educational management organization or other person, including, without limitation, any past or current employment, business or familial relationship between any prospective employee of the charter school and a member of the committee to form a charter school or the board of directors of the charter management organization, as applicable.

and (c) A disclosure of any conflicts of interest concerning the applicant and the educational management organization or other person, including, without limitation, any past or current employment, business or familial relationship between any prospective employee of the charter school and a member of the committee to form a charter school or the board of directors of the charter management organization, as applicable.

38. As used in this section, “pupil with a disability” has the meaning ascribed to it in NRS 388.417.

As used in this section, “pupil with a disability” has the meaning ascribed to it in NRS 388.417.

(a) Violated any law or regulation relating to the health and safetysaf(b) Violated any law or regulation relating to the civil rights of pupils;pupils, except for a law or regulation described in subsection 1 of NRS 388A.396;

(b)(c) Violated any law or regulation relatingor topolicy of the civilsponsor rights of pupils,the exceptcharter forschool arelating lawto orthe regulationenrollment, describedsuspension inor subsectionexpulsion 1 of NRSpupils; 388A.396;

(c) Violated any law or regulation or policy of the sponsor of the charter school relating to the enrollment, suspension , expulsion or permanent expulsion of pupils;

or (e) Committed academic dishonesty, including, without limitation, engaging in a policy or practice that has the intent or effect of inappropriately increasing the graduation rate or - *AB67_R1* – 12 – inappropriately increasing performance on assessments mandated by this State or the State Public Charter School Authority.

If the State Public Charter School Authority determines that credible evidence exists to support a complaint submitted pursuant - 81st Session (2021) – 12 – to subsection 1, the State Public Charter School Authority shall investigate the complaint and respond to the complaining party in writing.

(a)this “Expulsion”act.xpulsion” has the meaning ascribed to it in section 12 of (b) “Suspension” has the meaning ascribed to it in section 15 of this act.

(b) “Permanent expulsion” has the meaning ascribed to it in section 13 of this act.

(c) “Suspension” has the meaning ascribed to it in section 15 of this act.

If suspension , expulsion or permanent expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, before the suspension , expulsion or permanent 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.

The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section.

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 justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.

A pupil with a disability who is at least 11 years of age and who is enrolled in a charter school [and participating in a program of special education pursuant to NRS 388.419] may, in accordance with the procedural policy adopted by the governing body of the charter school for such matters and only after the governing body or its designee has reviewed the circumstances and determined that the - *AB67_R1* – 13 – action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

(b)- Expelled81st Session (2021) – 13 – (c) Permanently expelled from school pursuant to this section.

(c) Permanently expelled from school pursuant to this section.

(b)a “Permanentlypupil expel”from or “permanent expulsion” has the meaningschool ascribed to it in sectionwhich 13the ofpupil thisis act.currently enrolled:

(1) Except as otherwise provided in subparagraph (2), without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district;

and (2) With the possibility of enrolling in a program or public school for alternative education for pupils who are expelled or permanently expelled after being permanently expelled.

The Department shall adopt any regulations necessary to carry out the provisions of NRS 388A.462 and 388A.700regulations tofor:.740, 388A.740, inclusive, including, without limitation, regulations[1.] for:(a) The delegation of oversight responsibilities to any subcommittee of the State Public Charter School Authority.

[1.] (a) The delegation of oversight responsibilities to any subcommittee of the State Public Charter School Authority.

- 81st Session (2021) – 14 – [3.] (c) Determining when a pupil enrolled at a charter school for distance education may be suspended , expelled or permanently expelled from such charter school pursuant to NRS 388A.495 for failing to actively participate in the charter school for distance education.

- *AB67_R1* – 14 – 2.

As used in this section:

(b) “Permanently“Suspend” expel” has the meaning ascribed to it in section 1315 of this act.

(c) “Suspend” has the meaning ascribed to it in section 15 of this act.

If suspension , expulsion or permanent expulsion of a pupil is used as a punishment for a violation of the rules, the university school for profoundly gifted pupils shall ensure that, before the suspension , expulsion or permanent expulsion, the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing.

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 on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.

(a)- Suspended81st fromSession the(2021) university– school15 pursuant– to this section for not more than 5 days for each occurrence [.] ofofs proscribed conduct.

- *AB67_R1* – 15 – 5.

If the governing body adopts rules governing truancy, it shall include the rules in the written rules adoptedado7.ed byAs theused governingin bodythis pursuantsection:rsuant to subsection 1.

7.

As used in this section:

(b) “Permanently expel”expelled” ormeans “permanentthe expulsion”disciplinary hasremoval theof meaninga ascribedpupil tofrom itthe school in sectionwhich 13the ofpupil thisis act.currently enrolled:

(1) Except as otherwise provided in subparagraph (2), without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district;

and (2) With the possibility of enrolling in a program or public school for alternative education for pupils who are expelled or permanently expelled after being permanently expelled.

(d) “Suspend” or “suspension” has the meaning ascribed to it in sectionSec. 15 of this act.

Sec.

NRS15NRS 389.155 is hereby amended to read as follows:

or (d) Except as otherwise provided in subsection 4, who has been suspended , expelled or permanently expelled from a public school, - may81st completeSession any(2021) required– or16 elective– course by independent study outside of the normal classroom setting.

A program ofofnt independent study provided pursuant to this section may be offered through a program of distance education pursuant to NRS 388.820 to 388.874, inclusive.

or - *AB67_R1* – 16 – (b) Require that the program of independent study satisfies the requirements of a plan to operate an alternative program of education submitted by the school district and approved pursuant to NRS 388.537.

3.with the regulations adopted pursuant to subsections 1 and 2,rdance provide for independent study by the pupils described in subsection 1.

The board of trustees of a school district may, in accordance with the regulations adopted pursuant to subsections 1 and 2, provide for independent study by the pupils described in subsection 1.

A program of independent study offered pursuant to this section must not allow a pupil who has been suspended , expelled or permanently expelled from a public school to attend that public school during the period of his or her suspension , expulsion or permanent expulsion.

(b) “Permanently“Suspend” expel” or “permanent“suspension” expulsion” has the meaning ascribed to it in section 1315 of this act.

(c) “Suspend” or “suspension” has the meaning ascribed to it in section 15 of this act.

Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 15,15.5, inclusive, of this act.

sections 11 to 15.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 12 to 15, inclusive, of this act have the meanings ascribed to them in those sections.

11.

As used in NRS 392.461 to 391.472, inclusive, and sections 11 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 12 to 15, inclusive, of this act have the meanings ascribed to them in those sections.

Sec.

“Expel” or “expulsion” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled for more than one school semester with the possibility ofof: returning to the school in which the pupil is currently enrolled or another public school within the school district after the expulsion.

Sec.- 81st Session (2021) – 17 – 1.

Except as otherwise provided in subsection 2, returning to the school in which the pupil is currently enrolled or another public school within the school district after the expulsion;

and 2.

Enrolling in a program or public school for alternative during the period of expulsion.pelled or permanently expelled Sec.

“Permanently(Deleted expel”by oramendment.) “permanentSec. expulsion” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district.

Sec.

- *AB67_R1* – 17 – Sec.

16.

NRS 392.463 is hereby amended to read as follows:

392.463 1.

Each school district shall adopt a plan to ensure that the public schools within the school district are safe and free of controlled substances.

The plan must comply with the Safe and Drug-Free Schools and Communities Act, 20 U.S.C.

§§ 7101 et seq.

2.

Each school district shall prescribe written rules of behavior required of and prohibited for pupils attending school within their district and shall prescribe appropriate punishments for violations of the rules.

If suspension , expulsion or permanent expulsion is used as a punishment for a violation of the rules, the school district shall follow the procedures in NRS 392.467.

3.

A copy of the plan adopted pursuant to subsection 1 and the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments prescribed pursuant to subsection 2 must be distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.

Copies must also be made available for inspection at each school located in that district in an area on the grounds of the school which is open to the public.

15.5.

The Department shall adopt any regulations necessary to carry out the provisions of NRS 392.461 to 392.472, inclusive, and sections 11 to 15.5, inclusive, of this act.

Sec.

16.

(Deleted by amendment.) Sec.

Simulating a firearm or dangerous weapon includes, without limitation:lim(a) Brandishing a partially consumed pastry or other food item to simulate a firearm or dangerous weapon;

(a) Brandishing a partially consumed pastry or other food item to simulate a firearm or dangerous weapon;

A pupil who simulates a firearm or dangerous weapon may be disciplined when disciplinary action is consistent with a policy - *AB67_R1*81st Session (2021) – 18 – adoptedsimulation:the by the board of trustees of the school district and such simulation:(a) Substantially disrupts learning by pupils or substantially disrupts the educational environment at the school;

(a) Substantially disrupts learning by pupils or substantially disrupts the educational environment at the school;

(b)subsection “Firearm”[11] has12 theof meaningNRS ascribed392.466.scribed to it in paragraph (c) of subsectionSec. [11] 12 of NRS 392.466.

Sec.

NRS(Deleted 392.4635by isamendment.) herebySec. amended to read as follows:

392.4635 1.

The board of trustees of each school district shall establish a policy that prohibits the activities of criminal gangs on school property.

2.

The policy established pursuant to subsection 1 may include, without limitation:

(a) The provision of training for the prevention of the activities of criminal gangs on school property.

(b) If the policy includes training:

(1) A designation of the grade levels of the pupils who must receive the training.

(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 board of trustees of each school district shall ensure that the training is provided to the pupils and personnel designated in the policy.

(c) Provisions which prohibit:

(1) A pupil from wearing any clothing or carrying any symbol on school property that denotes membership in or an affiliation with a criminal gang;

and (2) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang.

- *AB67_R1* – 19 – (d) Provisions which provide for the suspension , expulsion or permanent expulsion pursuant to NRS 392.466 and 392.467 of pupils who violate the policy.

3.

The board of trustees of each school district may develop the policy required pursuant to subsection 1 in consultation with:

(a) Local law enforcement agencies;

(b) School police officers, if any;

(c) Persons who have experience regarding the actions and activities of criminal gangs;

(d) Organizations which are dedicated to alleviating criminal gangs or assisting members of criminal gangs who wish to disassociate from the gang;

and (e) Any other person deemed necessary by the board of trustees.

4.

As used in this section, “criminal gang” has the meaning ascribed to it in NRS 213.1263.

Sec.

§§ 12101 et seq.;

Any other federal law applicable to children with disabilities;dis5.

and 5.

Sec.Secs.

20.20 and 21.

NRS(Deleted 392.4645by isamendment.) herebySec. amended to read as follows:

392.4645 1.

The plan established pursuant to NRS 392.4644 must provide for the temporary removal of a pupil from a classroom or other premises of a public school if, in the judgment of the teacher or other staff member responsible for the classroom or other premises, as applicable, 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 or with the ability of the staff member to discharge his or her duties.

The plan must provide that, upon the removal of a pupil from a classroom or any other premises of a public school 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 - *AB67_R1* – 20 – 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 or any other premises of a public school pursuant to this section may 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 or remains 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 , expulsion or permanent 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.

 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.

Sec.

21.

NRS 392.4648 is hereby amended to read as follows:

392.4648 1.

If the teacher or other staff member who removed a pupil from the classroom or other premises of a public school does not agree with the recommendation of the principal pursuant to subsection 6 of NRS 392.4646, the principal shall continue the temporary alternative placement of the pupil and shall immediately convene a meeting of the committee created pursuant to NRS 392.4647.

The principal shall inform the parent or legal guardian of the pupil that the committee will be conducting a meeting.

The committee shall review the circumstances of the pupil’s removal from the classroom or other premises of the public school and the pupil’s behavior that caused the pupil to be removed from the classroom or other premises.

Based upon its review, the committee shall assess the best placement available for the pupil and shall, without limitation:

(a) Direct that the pupil be returned to the classroom or other premises from which he or she was removed;

(b) Assign the pupil to another appropriate classroom or other premises;

(c) Assign the pupil to an alternative program of education, if available;

- *AB67_R1* – 21 – (d) Recommend the suspension , expulsion or permanent expulsion of the pupil in accordance with NRS 392.467;

or (e) Take any other appropriate disciplinary action against the pupil that the committee deems necessary.

2.

A principal shall report to the school district each time a committee created pursuant to NRS 392.4647 is convened and, upon the conclusion of the committee’s review of a placement, shall supplement the report with the result of the assessment of the committee.

3.

Each school district shall compile the reports submitted to the school district pursuant to subsection 2 and, on or before July 1 of each year, submit an annual report to the Legislative Committee on Education containing such information for all schools located in the school district.

Sec.

(a)- The81st pupilSession has(2021) threatened– or19 extorted,– or attempted to threaten or extort, another pupil or a teacher or other personnel employed bybyn the school two or more times or the pupil has a record of five significant suspensions from the school for any reason;

Upon receipt of such a request, the board of trustees shall review the initial request and determination pursuant to the procedure established by the board of trustees for such matters.matters.he procedure established by 3.

3.

(b) An explanation that if the pupil receives five significant suspensions on his or her record during the current school year and - *AB67_R1* – 22 – has not entered into and participated in a plan of behavior pursuant to subsection 5, the pupil will be deemed a habitual disciplinary problem;

[for a period not to exceed one schoolwere semesterthe asbasis determinedfor by the seriousnessdiscipline;] oreriousness of the acts which were(2) Expelled from school under extraordinary circumstances as determined by the basisprincipal forof the discipline;school;

or] (2) Expelled from school under extraordinary circumstances as determined by the principal of the school;

or (3) Permanently expelled from the school under extraordinary circumstances as determined by the principal of the school;

§ 1415 that the pupil’s behavior is not a manifestation of the pupil’s disability, he or she may be suspended ,- expelled81st orSession permanently(2021) – 20 – or expelled from school in the same manner as a pupil without a disability;

A school shall provide the notice required by subsection 3 forSuch eachnotice suspensionmust onbe theprovided recordat ofleast a7 pupildays duringbefore athe schoolschoolear. year.

Such notice must be provided at least 7 days before the school deems the pupil a habitual disciplinary problem.

(1) [ExpelledExpelled or suspended]suspended Suspended, expelled or permanently expelled from a public school, including, without limitation, a charter school;

or - *AB67_R1* – 23 – (2) Deemed to be a habitual disciplinary problem pursuant to this section.

(d) A voluntary agreement by the pupil and the pupil’s parent or legal guardian to attend counseling, programs or services available in the school district or community.

The parent or legal guardian of a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal - 81st Session (2021) – 21 – to the board of trustees of the school district a determination made by the school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan of behavior.

Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.matters.procedure 9.

9.

The pupil may be suspended,suspended expelled or permanently expelled from the schoolschool, .in which case the pupil shall:

[,(a) Enroll in whicha caseprivate theschool pupilpursuant shall:to chapter 394 of NRS or be homeschooled;

-or *AB67_R1*(b) –Enroll 24in –a (a)program Enrollof inindependent astudy privateprovided pursuant from public school or a program of distance education provided pursuant to chapterNRS 394388.820 ofto NRS388.874, orinclusive, beif homeschooled;the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

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.] 2.

3.- 81st Session (2021) – 22 – any age, including, without limitation, a pupil with a disability, who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than year, although the pupil may be placed in another kind of school for a period not to exceed the period of the expulsion.

Except as otherwise provided in this section, any pupil of any age, including, without limitation, a pupil with a disability, who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although the pupil may be placed in another kind of school for a period not to exceed the period of the expulsion.

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 requirementsreq4.remIf 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 applicablebest program.]interest 4.of the pupil, the pupil may be suspended, expelled or placed in another school.

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 may be suspended, expelled , permanently expelled or placed in another school.

The school - *AB67_R1* – 25 – 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.

Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil is at least 11 years of age and the school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil, based on the seriousness of the acts which were the basis for the discipline, the pupil may be:

or] (b) Expelled from the school under extraordinary circumstances as determined by the principal of the schoolschool. [.] ;

or- (c)81st PermanentlySession expelled(2021) from– the23 school– undersuspension extraordinaryis circumstancesfor asone determinedschool bysemester, the principalpupil ofmust: the school.

6.pupil’s (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled;

Ifor the(b) pupilEnroll isin expelleda [,]program orof permanentlyindependent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or thea periodprogram of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil’spupil suspensionqualifies for enrollment and is accepted for oneenrollment schoolin semester,accordance with the pupilrequirements must:of the applicable program.

(a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled;

or (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended , expelled or permanently 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 a modification to a suspension , expulsion or permanent expulsion pursuant to subsections 1 to 5, inclusive, if such modification is set forth in writing.

8.her possession a knife or firearm with the approval of the principal of the school.

This section does not prohibit a pupil from having in his or her possession a knife or firearm with the approval of the principal of the school.

In extraordinary circumstances, a school may request an exception to - *AB67_R1* – 26 – this subsection from the board of trustees of the school district.

10.with a disability who is at least 11 years of age [and who ispil participating in a program of special education pursuant to NRS 388.419] 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 or its designee has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

[A] Except as otherwise provided in subsection 3, a pupil with a disability who is at least 11 years of age [and who is participating in a program of special education pursuant to NRS 388.419] 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 or its designee has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

(a)- Suspended81st fromSession school(2021) pursuant– to24 this– section for not more than 5 days.

Such a suspension may be imposed pursuant to not more this paragraph for each occurrence of conduct proscribed by subsection 1.

(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.

(d) “Restorative“Permanently justice”expelled” hasmeans the meaningdisciplinary ascribedremoval toof ita pupil from the school in subsectionwhich 6the ofpupil NRSis 392.472.currently enrolled:

[12.](1) 13.Except as otherwise provided in subparagraph (2), without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district;

Theand provisions(2) ofWith thisthe sectionpossibility doof notenrolling prohibitin a pupilprogram who is suspended , expelled or permanentlypublic expelled from enrolling in a charter school thatfor isalternative designededucation exclusively for the enrollment of - *AB67_R1* – 27 – pupils withwho disciplinaryare problemsexpelled ifor thepermanently pupilexpelled isafter acceptedbeing forpermanently enrollmentexpelled. by the charter school pursuant to NRS 388A.453 or 388A.456.

Uponsubsection request,[6] the5 governing body of aNRS charter392.472. school must be provided with access to the records of the pupil relating to the pupil’s suspension , expulsion or permanent expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

Sec.the meaning ascribed to it in [12.] 13.

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.

Upon request, the 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 - 81st Session (2021) – 25 – the pupil.ing body makes a decision concerning the enrollment of Sec.

Except as otherwise provided in subsections 5 and 6 and NRS 392.466, the board of trustees of a school district or its designee may authorize the suspension , expulsion or permanent expulsion of any pupil who is at least 11 years of age from any public school within the school district.

Except as otherwise provided in subsection 6, no pupil may be suspended , expelled or permanently 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 is found to be in possession of a firearm or a dangerous weapon as provided in NRSNRSe in 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]suspension expulsion or permanent expulsion.

The board of trustees of a school district or its designee may authorize the expulsion, permanent expulsion, suspension or removal of a pupil who has been charged with a crime from the school at which the pupil is enrolled regardless of the outcome of any criminal or delinquency proceedings brought against the pupil only if the school:

The provisions of chapter 241 of NRS do not apply to any hearinghearings or proceedingproceedings conductedmust pursuantbe closed to thisthe section.public.ion.

Such hearings5. or proceedings must be closed to the public.

-The *AB67_R1*board –of 28trustees –of 5.a school district or its designee shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely for offenses related to attendance or because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.

The board of trustees of a school district or its designee shall not authorize the expulsion, permanent expulsion, suspension or removal of any pupil from the public school system solely for offenses related to attendance or because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.

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,] with a disability may, in accordance with- the81st proceduralSession policy(2021) adopted– by26 the– board of trustees of the school district for such matters and only after the board of trustees of the school district or its designee has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

Sec.7.

As used in this section, “permanently expelled” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled:

(a) Except as otherwise provided in paragraph (b), without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district;

and (b) With the possibility of enrolling in a program or public permanently expelled after being permanently expelled.pelled or Sec.

NRS(Deleted 392.4675by isamendment.) herebySec. amended to read as follows:

392.4675 1.

Except as otherwise provided in this section, a pupil who is suspended , expelled or permanently expelled from:

(a) Any public school in this State pursuant to NRS 392.466;

or (b) Any school outside of this State for the commission of any act which, if committed within this State, would be a ground for suspension , expulsion or permanent expulsion from public school pursuant to NRS 392.466,  is ineligible to attend any public school in this State during the period of that suspension , expulsion or permanent expulsion.

2.

A school district or a charter school, if the charter school offers the applicable program, may allow a pupil who is ineligible to attend a public school pursuant to this section to enroll in:

(a) An alternative program for the education of pupils at risk of dropping out of school provided pursuant to NRS 388.537;

(b) A program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended , expelled or permanently expelled from public school;

(c) A program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive;

(d) Any program of instruction offered pursuant to the provisions of NRS 388.550;

or (e) A challenge school,  if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable school or program.

A school district or charter school may conduct an investigation of the background of any such pupil to determine if - *AB67_R1* – 29 – the educational needs of the pupil may be satisfied without undue disruption to the school or program.

If an investigation is conducted, the board of trustees of the school district or the governing body of the charter school shall, based on the results of the investigation, determine if the pupil will be allowed to enroll in such a school or program.

3.

The provisions of subsections 1 and 2 do not prohibit a pupil 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.

Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupil’s suspension , expulsion or permanent expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

Sec.

Except as otherwise provided in NRS 392.466 and to the extent practicable, a public school shall provide a plan of action based on restorative justice before expelling or permanently expelling a pupil from school.

and (f) A conference with the principal of the school or his or her designeedes3. and any other appropriate personnel.

3.

- 81st Session (2021) – 27 – (c) One or more models of restorative justice and best practices relating to restorative justice;

(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;

andandtional -information *AB67_R1*or –training 30 – (e) One or more examples of a plan of action based on restorative justice developed pursuant to subsection 2.

The[The Department shall adopt regulations necessary to carry out the provisions of this section.

6.6.] As used in this section:

As used in this section:

(c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.prisoner.soner or 3.

3.

- 81st Session (2021) – 28 – 4.

-~~~~~ *AB67_R1*21 –- 3181st –Session TEXT(2021) OF REPEALED SECTION 392.4657 Conditions under which pupil deemed suspended.

A pupil shall be deemed suspended from school if the school in which the pupil is enrolled:

consecutive days;

andpupil from attending school for 3 or more 2.

Requires a conference or some other form of communication with the parent or legal guardian of the pupil before the pupil is allowed to return to school.

H - *AB67_R1*