AB 330 — Revises provisions governing education. (BDR 34-1087)

(2) shall be suspended or expelled if he or she is at least 8 but less than - 82nd Session (2023) – 3 – years of age;

(3) may be suspended if he or she is at least 6 but less than 8 years of age;

(4) may be suspended if he or she is less than 6 years of age upon review and approval by the superintendent of the school district or his or her designee;

and (5) if the pupil is a pupil with a disability, any removal of the pupil must comply with federal law.

Sections 10 and 11 of this bill:

(1) prohibit the permanent pupil or a pupil in foster care of any age to be suspended or expelled for not more than 5 days if the principal determines that the conduct of the pupil poses an ongoing threat.

Existing law provides that a pupil may not be suspended or expelled unless the pupil is given the opportunity for a hearing.

(3)firearm are selling or distributingother adangerous controlledweapon.controlled substance;

or (4) are in possession of a firearmExisting orlaw otherprovides dangerouscertain weapon.requirements concerning the process for appealing a suspension or expulsion.

Existing(NRS law392.4671) providesSection certain12 requirementsof concerningthis thebill processmakes for these requirements applicable to significant suspensions, expulsions or permanent expulsions.

Existing law requires that, with certain exceptions, a public school must provide a plan of action based on restorative justice to a pupil before removing, suspendingpupil orto expellingbe thetemporarily pupil.removed in certain circumstances without first providinga such a plan.

(NRS 392.472) Section 1313.5 of this bill allowsamends aAssembly pupilBill toNo. be temporarily removed in certain circumstances without first providing such a plan.

285 to resolve a conflict.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- 82nd Session (2023) – 4 – (c) Requirements and methods for restorative disciplinary practices that align with the statewide framework for restorative justice if such a framework is developed pursuant to NRS 388.1333;

and (d) A policy for use by school districts and schools to train members of the governing body and all administrators, teachers and all other personnel employed by the governing body.

- *AB330_R1* – 4 – (1) Training in the appropriate methods to facilitate positive human relations among pupils by eliminating the use of discrimination based on race, bullying and cyber-bullying so that pupils may realize their full academic and personal potential;

388A.495adopt:A.495 1.

A governing body of a charter school shall adopt:(a) Written rules of behavior required of and prohibited for pupils attending the charter school;

(a) Written rules of behavior required of and prohibited for pupils attending the charter school;

Except as otherwise provided in NRS 392.467, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, [before] at the time of 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] are given notice of the charges against him or her, an explanation of - 82nd Session (2023) – 5 – significantly suspended , [or] expelled [,] or permanently expelled, the evidencepupil andor, anif opportunitythe forpupil ais hearing.under 18 years of age, the parent or guardian of the pupil may appeal the significant suspension , expulsion or permanent expulsion in accordance with the provisions of NRS 392.4671.

IfThe charter school shall ensure that a pupil who is significantly suspended , [or] expelled [,] or permanently expelled,expelled theand pupilis or,appealing if the pupilsignificant issuspension under, 18expulsion yearsor ofpermanent age,expulsion the parent or guardiana ofpupil thewho pupilis maybeing appealconsidered thefor significant suspension , expulsion or permanent expulsion incontinues accordanceto withattend school and receives an appropriate education in the provisionsleast ofrestrictive environment possible as required by NRS 392.4671.392.4673.

The charter school shall ensure that a pupil who is significantly suspended , [or] expelled or permanently expelled and is appealing the significant suspension , expulsion or permanent expulsion or a pupil who is being considered for significant suspension , expulsion or permanent expulsion - *AB330_R1* – 5 – continues to attend school and receives an appropriate education in the least restrictive environment possible as required by NRS 392.4673.

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 aang any 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.] 4.

(b) Expelled from school pursuant to this section.

The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions - 82nd Session (2023) – 6 – governing truancy set forth in NRS 392.130 to 392.220, inclusive.

[7.] 6.

As used in this section:

(1) Except as otherwise provided in subparagraph (2), without the possibility of returning to the school in which the pupil - *AB330_R1* – 6 – is currently enrolled or another public school within the school district;

2.gifted pupils shall only be suspended or expelled in a manneroundly consistent with the requirements for the suspension or expulsion of a pupil enrolled in a public school within a school district as set forth in NRS 392.4601 to 392.472, inclusive.

[If] A pupil enrolled in a university school for profoundly gifted pupils shall only be suspended or expelled in a manner consistent with the requirements for the suspension or expulsion of a pupil enrolled in a public school within a school district as set forth in NRS 392.4601 to 392.472, inclusive.

The university school shall ensure that- a82nd pupilSession who(2023) is– significantly7 suspended– , [or] expelled or permanently expelled and is appealing the significant suspension , expulsion or permanent expulsion or a pupil who is being considered for significant suspension , expulsion or permanent expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by NRS 392.4673.

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 - *AB330_R1* – 7 – 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 NRS4.S 392.4663[A pupil with a disability who is at least 11 years of age and 392.467.]who 4.is enrolled in a university school for profoundly gifted pupils may, in accordance with the procedural policy adopted by the governing body of the university school for such matters and only after the governing body 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 pupil with a disability who is at least 11 years of age and who is enrolled in a university school for profoundly gifted pupils may, in accordance with the procedural policy adopted by the governing body of the university school for such matters and only after the governing body 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) Distributed to each pupil at the beginning of the school year and to each new pupil who enters the university school forforchool year profoundly gifted pupils during the year.

If the governing body adopts - 82nd Session (2023) – 8 – rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

(a) “Expel” or “expulsion” has the meaning ascribed to it in NRSNRS(b) 392.4603.“Permanently expelled” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled:

(b) “Permanently expelled” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled:

- *AB330_R1* – 8 – (c) [“Pupil with a disability” has the meaning ascribed to it in NRS 388.417.] “Significantly suspended” has the meaning ascribed to “significant suspension” in NRS 392.4655.

If a pupil is suspended or expelled from a public school, the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils in which the pupil is enrolled or the designee of the board of trustees or governing body, as applicable, shall provide, on the same day that the pupil is suspended or expelled, a notice of the policy for appealing a suspension or expulsion of a pupil adopted by the board of trustees or governing body, as applicable, pursuant to NRS 392.4671, to the pupil and, if the pupil is less than 18 years of age, the parent or legal guardian of the pupil.

Not later than 5 school days after receiving notification of the suspension or expulsion of the pupil pursuant to - 82nd Session (2023) – 9 – NRS 392.4671, the pupil or, if the pupil is less than 18 years of age, the parent or legal guardian of the pupil may file an appeal pursuant to the policy adopted by the board of trustees of the school district or the governing body of the charter school or universitypursuant schoolto forNRS profoundly392.4671.foundly gifted pupils, as applicable, pursuant3. to NRS 392.4671.

3.

- *AB330_R1* – 9 – (a) May be considered for temporary alternative placement pursuant to NRS 392.4645 if, in the judgment of the principal after consideration of the seriousness of the acts which were the basis for the discipline of the pupil:

5.administrator of a public school, including, without limitation, such an administrator who is referred to by another title.

As used in this section, “principal” means the lead administrator of a public school, including, without limitation, such an administrator who is referred to by another title.

392.4609 The Department shall adopt any regulations necessary to carry out the provisions of NRS 392.4601 to 392.472, inclusive, and section 3.3 of this act, including, without limitation, regulations which establish timelines for the purposes of subsection 1 of NRS 392.4671.

- 82nd Session (2023) – 10 – Sec.

Such data must include, without limitation, the number of expulsions and suspensions of pupils and the number of placements the subgroups of pupils listed in anothersubsection school.2 of NRS 385A.250 and the types of offense.

Such data must be disaggregated into the subgroups of pupils listed in subsection 2 of NRS 385A.250 and the types of offense.

[Except as otherwise provided in subsection 3, a] A pupil enrolled in kindergarten or grades 1 to 8, inclusive, may not - *AB330_R1* – 10 – be disciplined, including, without limitation, pursuant to NRS 392.466, for:

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

Simulating a firearm or dangerous weapon includes, without limitation:

(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 adopted- by82nd theSession (2023) – 11 – simulation: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)Sec. “Firearm” has the meaning ascribed to it in NRS 392.466.

-6.reaNRS *AB330_R1*392.4644 –is 11hereby –amended Sec.to read as follows:

6.

NRS 392.4644 is hereby amended to read as follows:

(c) Include, without limitation, provisions designed to address the specificschool disciplinarydistrict.inary needs and concerns of each school within the(d) schoolProvide district.restorative disciplinary practices which include, without limitation:

(d) Provide restorative disciplinary practices which include, without limitation:

- 82nd Session (2023) – 12 – (e) [Provide for] Include provisions that authorize the temporary removal of a pupil from a classroom or other premises of a public school [in accordance with] pursuant to NRS 392.4645.

(f) Provide for the placement of a pupil in a different school [within[wi(g) Include the schoolnames district]of inany accordancemembers withof a committee to review the temporary alternative placement of pupils required by NRS 392.466.392.4647.

(g) Include the names of any members of a committee to review the temporary alternative placement of pupils required by NRS 392.4647.

- *AB330_R1* – 12 – (a) Review the plan established by subsection 1 in consultation with the teachers, school administrators and other educational personnel and support personnel who are employed at the school , [and] the parents and guardians of pupils and the pupils who are enrolled in the school [;] and, if applicable, the organizational team established pursuant to NRS 388G.700;

(b) Determine whether and to what extent the occurrences of the suspension, expulsion or removal of pupils from school disproportionately affect pupils who belong to a group of pupilspupilsol listed in subsection 2 of NRS 385A.250;

and (c) Based upon the review, recommend to the board[board of trusteestrustees] superintendent of the school district or governingthe bodyadministrative head of the charter school or university school for profoundly gifted pupils, as applicable, 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 [,] and, if applicable, the organizational team established pursuant to NRS 388G.700, if necessary .

and - 82nd Session (2023) – 13 – (e) Distribute to each teacher, school administrator and all educational support personnel who are employed at or assigned to the school a written or electronic copy of the plan or the revised plan, as provided by the school district.] 3.superintendent of each school district and the administrative headhe of each charter school or university school for profoundly gifted pupils shall issue a revised plan that appropriately reflects comments provided by teachers, school administrators, other educational personnel and support personnel and, if applicable, organizational teams pursuant to subsection 2.

On or before September 30 of each year, the board of trustees of each school district and the governing body of each charter school or university school for profoundly gifted pupils shall issue a revised plan that appropriately reflects comments provided by teachers, school administrators, other educational personnel and support personnel and, if applicable, organizational teams pursuant to subsection 2.

- *AB330_R1* – 13 – (a) Submit a written report to the Superintendent of Public Instruction that reports the progress of each school [within the district] in complying with the requirements of this section, including, without limitation, addressing the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250;

If the Superintendent of Public Instruction determines that the data collected pursuant to NRS 392.462 indicates disproportionality in disciplinary actions or is insufficient to determine whether disproportionality exists, the Superintendent shall issue a written notice to the school district, charter school or university school for profoundly gifted pupils, as applicable, listing the specific areas of concern and providing a specific corrective period for the school district, charter school or university school - 82nd Session (2023) – 14 – for profoundly gifted pupils, as applicable, to implement a framework to reduce the disproportionality or correct the insufficiency of the data, as applicable.

The specific corrective period shall be at least 12 months and not more than 36 months, and shall include required monitoring of the progress made by the school district, charter school or university school for profoundly gifted pupils, as applicable.

[Except as otherwise provided in subsection 5, the plan established pursuant to NRS 392.4644 must provide for the temporary removal of a] A pupil may be temporarily removed 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 - *AB330_R1* – 14 – 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] Upon the removal of aar her 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.

(b)- Studies82nd orSession remains(2023) under– the15 supervision– of appropriate personnel of the school district;

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

(a) Education services to prevent the pupil from losing academic credit or becoming disengaged from school during the period thetheemic pupil is removed from a classroom or any other premises of the public school;

[Before] WhenUpon removing a pupil from a classroom or any other premises of a public school pursuant to this section for more than 1 school day, the principal of the school must contact the local educational agency liaison for homeless pupils designated in - *AB330_R1* – 15 – accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C.

6.ascribed to the term “homeless children and youths” in 42 U.S.C.

As used in this section, “homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C.

- 82nd Session (2023) – 16 – (b) A parent or legal guardian of the pupil, unless the pupil is an unaccompanied pupil;

 The principal shall give an oral and written notice of the conference to each person who is required to participate.participate.the 2.

2.

(a)conference;parent The parent or legal guardian of the pupil refuses to attend the conference;(b) The failure to hold a conference is attributed to the action or inaction of the pupil, including, without limitation, an unaccompanied pupil or a pupil in foster care, or the parent or legal guardian of the pupil;

(b) The failure to hold a conference is attributed to the action or inaction of the pupil, including, without limitation, an - *AB330_R1* – 16 – unaccompanied pupil or a pupil in foster care, or the parent or legal guardian of the pupil;

and (2) The principal has received written authorization from the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, to extend the period for which the pupil is - 82nd Session (2023) – 17 – removed from the classroom or other premises of the public school.

During the conference, the teacher who removed the pupil from the classroom, the staff member who removed the pupil from the other premises of the public school or the principal shall provide the pupil and, if the pupil is not an unaccompanied pupil, the pupil’s parent or legal guardian with an explanation of the reason for the removal of the pupil from the classroom or other premises.

§ 1355.20.135(b) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C.

(b) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C.

- *AB330_R1* – 17 – Sec.

and - 82nd Session (2023) – 18 – (c) The behavior of the pupil was not caused by homelessness, as determined in consultation with the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C.

§§ 11301 et seq., or a contact person at a school, including, without limitation, a school counselor or school social worker.worker.ng, without 2.

2.

Upon receipt of such a request, the [board of trustees] superintendent or administrative head shall review the initial request and determination pursuant to the procedure established by the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable,app4.cabIf fora suchpupil matters.is suspended, the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil that contains:

4.

If a pupil is suspended, the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil that contains:

- *AB330_R1* – 18 – (b) An explanation that if the pupil receives five significant 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 6, the pupil will be deemed a habitual disciplinary problem;

(c) An explanation that, pursuant to subsection 5[5] 8 of NRS 392.466, a pupil who is deemed a habitual disciplinary problem may be:

or (2)- Expelled82nd fromSession school(2023) under– extraordinary19 circumstances– as determined by the principal of the school;school;dinary circumstances (d) If the pupil is a pupil with a disability, an explanation of the effect of subsection [10] 12 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C.

(d)§ Ifthat the pupilpupil’s behavior is anot pupil with a disability,manifestation an explanation of the effectpupil’s ofdisability, subsectionhe 10or ofshe NRSmay 392.466,be including,suspended withoutor limitation,expelled thatfrom ifschool itin isthe determinedsame inmanner accordanceas witha 20pupil U.S.C.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;

The parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil may choose for the pupil not to participate in the plan of behavior.

(c) A voluntary agreement by the parent or legal guardian to attendatt(d) schoolA withvoluntary hisagreement by the pupil and, if the pupil is not an unaccompanied pupil, the pupil’s parent or herlegal child.guardian to attend counseling, programs or services available in the school district or community.

(d) A voluntary agreement by the pupil and, if the pupil is not an unaccompanied pupil, the pupil’s parent or legal guardian to attend - *AB330_R1* – 19 – counseling, programs or services available in the school district or community.

- 82nd Session (2023) – 20 – 7.

If a pupil commits the same act for which notice was provided pursuant to subsection 4 after he or she enters into a plan of behavior pursuant to subsection 6, the pupil shall be deemed to have not successfully completed the plan of behavior and may be deemeddee8.d aaA habitualpupil disciplinarymay, problem.pursuant to the provisions of this section, enter into one plan of behavior per school year.

8.

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

and (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.

Except as otherwise provided in this section, any pupil who commits[commits a battery which results in the bodily injury of an employee of the school or whowho] 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 [and who is at - *AB330_R1* – 20 – least 11 years of ageage] shall meet with the school and his or her parent or legal guardian.

The school]school shall [provideprovide a plan of action based on restorative justice to the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil.

The pupil may]- be82nd [suspendedSession or](2023) expelled– from21 the– schoolschool, [,[in in which case the pupil shall:] orexcept bethat:led assignedfrom tothe a(a) temporary[Enroll alternativein placementa private school pursuant to subsectionchapter 2394 of NRS 392.4645.or be homeschooled;

Followingor] suchA a removal, the school must develop a reentry plan for the pupil thatwho is basedless onthan restorative11 justiceyears practicesof and,age ifmay the pupil is not anbe unaccompaniedexpelled pupil,or providepermanently suchexpelled apursuant plan to thethis parentsubsection. or legal guardian of the pupil.

For(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 secondpupil occurrence,qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.] A pupil shallwho is less than 6 years of age may be permanentlysuspended expelledpursuant fromto this subsection, and the suspension must be reviewed and approved by the superintendent of the school and:district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, or his or her designee.

(a)expelled Enrollpursuant into athis privatesubsection, the school pursuantin which the pupil is enrolled shall make available to chapterthe 394pupil ofa NRSfree orappropriate bepublic homeschooled;education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

or§§ (b)1400 Enrollet inseq., afor programeach ofschool independentday studythe providedpupil pursuantis to NRS 389.155 for pupils who have been suspended or expelled fromafter public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifieshas forbeen enrollmentremoved and is accepted for enrollment10 incumulative accordancedays. with the requirements of the applicable program.

AnExcept employeeas whootherwise isprovided ain victimthis ofsection, any pupil who commits a battery whichagainst resultsan inemployee of the bodilyschool injurywhile on the premises of any public school, at an employeeactivity ofsponsored theby schoola maypublic appealschool toor theon any school bus shall meet with the planschool ofand actionhis providedor pursuanther toparent subsectionor 1legal if:guardian.

(a) The employeeschool feelsshall anyprovide actionsa takenplan pursuantof action based on restorative justice to suchthe planparent areor inappropriate;legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil.

andThe (b) For a pupil withmay abe disabilitysuspended, whoexpelled committed the battery, the board of trustees of the school district or governingpermanently bodyexpelled offrom the charterschool, schoolexcept orthat: university school for profoundly gifted pupils, as applicable, or its designee has reviewed the circumstances and determined that such an appeal is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

§§or 1400permanently etexpelled seq.pursuant to this subsection.ot be expelled (b) A pupil who is less than 6 years of age may be suspended pursuant to this subsection, and the suspension must be reviewed and approved by the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, or his or her designee.

(c) For a pupil with a disability who has been suspended or expelled pursuant to this subsection, the school in which the pupil is enrolled shall make available to the pupil a free appropriate - 82nd Session (2023) – 22 – Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq., for each school day the pupil is suspended or expelled after the pupil has been removed for 10 cumulative days.

Except as otherwise provided in this section, any pupil ofwho anycommits age, including, without limitation, a pupilbattery withwhich ais disability,intended whoto isresult found in possessionthe ofbodily ainjury firearmof oran aemployee dangerousof weaponthe school while on the premises of any public school, at an activity sponsored by a public school or on any school bus must,shall formeet thewith first occurrence, be expelled from the school forand ahis periodor ofher notparent lessor thanlegal 1guardian. year, although the pupil may be placed in another kind of school for a period not to exceed the period of the expulsion.

ForThe school shall provide a secondplan occurrence,of action based on restorative justice to the parent or legal guardian of the pupil mustor, beif permanentlythe expelledpupil fromis an unaccompanied pupil, the school.pupil.

The pupil shall be suspended, expelled or permanently expelled from the school, except that:

(a) A pupil who is less than 8 years of age may not be expelled or permanently expelled pursuant to this subsection.

(b) A pupil who is less than 6 years of age may be suspended and approved by the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, or his or her designee.

(c) For a pupil with a disability who has been suspended or expelled pursuant to this subsection, the school in which the pupil is enrolled shall make available to the pupil a free appropriate public education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq., for each school day the pupil is suspended or expelled after the pupil has been removed for 10 cumulative days.

IfAn aemployee schoolwho is unablea tovictim retainof a pupilbattery inwhich the[results] schoolis pursuantintended to subsectionresult 1in for the safetybodily injury of anyan personemployee orof becausethe doingschool somay wouldappeal notto bethe inschool the[the] besta interestplan of theaction pupil,provided thepursuant pupilto maysubsection be[1] suspended,3 expelledif: or placed in another school.

If(a) The employee feels any actions taken pursuant to such plan are(b) For a pupil iswith placeda indisability anotherwho school,committed the currentbattery, schoolthe board of trustees of the pupilschool shalldistrict explainor whatgoverning -body *AB330_R1*of –the 21charter –school servicesor willuniversity beschool providedfor toprofoundly thegifted pupilpupils, atas theapplicable, newor schoolits thatdesignee has reviewed the currentcircumstances schooland isdetermined unablethat tosuch providean toappeal addressis in compliance with the specificIndividuals needswith andDisabilities behaviorsEducation ofAct, the20 pupil.U.S.C.

§§ 1400 et seq.

[3.] 5.

Except as otherwise provided in this section, any pupil , [of any age,] including, without limitation, a pupil with a disability, who poses a continuing danger to persons or property or an - 82nd Session (2023) – 23 – in possession of [a firearm or] a dangerous weapon other than and firearm 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.

For a second occurrence, the pupil must be permanently expelled from the school.

4.] may be removed from the public school immediately upon being given an explanation of the reasons for the removal of the pupil and pending proceedings, which must be conducted as soon as practicable after removal, for his or her suspension, expulsion or permanent expulsion, except that:

(a) A pupil who is less than 11 years of age may not be expelled or permanently expelled pursuant to this subsection.

(b) A pupil who is less than 6 years of age may be suspended and approved by the superintendent of the school district or thed administrative head of the charter school or university school for profoundly gifted pupils, as applicable, or his or her designee.

(c) For a pupil with a disability who has been suspended or expelled pursuant to this subsection, the public school in which the pupil is enrolled shall make available to the pupil a free appropriate public education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq., for each school day the pupil is suspended or expelled after the pupil has been removed for 10 cumulative days.

6.

Except as otherwise provided in this section, any pupil, including, without limitation, a pupil with a disability, who is found in possession of a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must be removed from the public school the removal of the pupil and pending proceedings, which must be conducted as soon as practicable after removal, for his or her suspension, expulsion or permanent expulsion.

A pupil who is:

(a) Eleven years of age or older shall be suspended, expelled or permanently expelled pursuant to this section.

(b) At least 8 but less than 11 years of age shall be suspended or expelled pursuant to this subsection.

(c) At least 6 but less than 8 years of age may be suspended pursuant to this subsection.

- 82nd Session (2023) – 24 – subsection only after the suspension is reviewed and approved bys the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, or his or her designee.

(e) A pupil with a disability who has been suspended or expelled pursuant to this subsection must be provided with a free appropriate public education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq., by the public school in which the pupil is enrolled for each school day the pupil is suspended or expelled after the pupil has been removed for 10 cumulative days.

7.

If a school is unable to retain a pupil in the school pursuant to [subsection] subsections 1 to 6, inclusive, 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 or placed in another school.

If a pupil , including, without limitation, a pupil who is less of the pupil shall explain what services will be provided to the pupil at the new school that the current school is unable to provide to address the specific needs and behaviors of the pupil.

5.[5.] 8.

or (b) Expelled from the school under extraordinary circumstances as determined by the principal of the school.school.dinary circumstances [6.] 9.

6.

or[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- enrollment82nd andSession is(2023) accepted– for25 enrollment– in accordance with the requirements of the applicable program.program [.] ;

7.orn accordance with the (c) Enroll in a program of alternative education provided by the school district in which the pupil resides.

TheEach superintendent of schools of a school district orshall, thealone administrativeor headthrough of a charterpartnership schoolwith oranother university school fordistrict, profoundlyprovide gifteda pupilsprogram may,of foralternative goodeducation causepursuant shownto inthis aparagraph particularin casean ,in-person [insetting that schoolallows district,]each allowpupil aenrolled modificationin tothe aprogram suspension or expulsion pursuant to subsectionsreceive 1educational toservices 5,in inclusive,the ifleast suchrestrictive modificationeducational isenvironment. set forth in writing.

[The[7.] superintendent10. shall allow such a modification if the superintendent determines that a plan of action based on restorative justice may be used successfully.] 8.

The superintendent of schools of a school district or the administrative head of a charter school or university school for profoundly gifted pupils may, for good cause shown in a particular case in that school district, or public school, as applicable, allow a modification to a suspension or expulsion pursuant to subsections 1 to [5,] 8, inclusive, if such modification is set forth in writing.

The superintendent or the administrative head of a charter school or university school for profoundly gifted pupils, as applicable, shall determines that a plan of action based on restorative justice may be used successfully.

[8.] 11.

9.[9.

Except as otherwise provided in this subsection and subsection 33, [,] or 11, a pupil who is at least 6 years of age but less than 11 years of age must not be permanently expelled from school.

In extraordinary circumstances, a school may request an exception - *AB330_R1* – 22 – to this subsection from the [boardboard of trustees]trustees superintendent of the school districtdistrict. [.] or the administrative head of a charter school or university school for profoundly gifted pupils, as applicable.

A pupil who is at least 11 years of age may be suspended, expelled or permanently expelled from school pursuant to this section [only after the board of trustees of the school district or its designee has reviewed the circumstances and approvedapprovedool this action in accordance with the procedural policy adopted by the board for such issues.]issues. only if the suspension, expulsion or permanent expulsion is conducted consistent with policies adopted by the board of trustees or governing body, as applicable, pursuant to NRS 392.467.

10.10.] 12.

AExcept as otherwise provided in subsection [3,] 5 or 6, a pupil with a disability who is lessat thanleast 611 years of age mustmay, notin beaccordance permanentlywith expelledthe fromprocedural school.policy adopted by the board of trustees of the school district or governing body of the charter school or university school for profoundly gifted pupils, as applicable, for such matters and only after the board of trustees of - 82nd Session (2023) – 26 – has reviewed the circumstances and determined that the action is inee compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

11.

Except as otherwise provided in subsection 3, a pupil with a disability [who is at least 11 years of age] may, in accordance with the procedural policy adopted by the board of trustees of the school district or governing body of the charter school or university school for profoundly gifted pupils, as applicable, for such matters and only after [the board of trustees of the school district or its designee has reviewed] an administrative review of the circumstances and [determined] a determination that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

[11.] 12.13.

A homeless pupil or a pupil in foster care [who is at least 11 years of age] may be suspended [or expelled] from school pursuant to this section [only] for not more than 5 days if, following a review of all available information, the principal determines that the conduct of the pupil poses an ongoing threat to the pupil or other persons at the school and if a determination is made that the behavior that led to the consideration for suspension orThe expulsionperson wasresponsible notfor causedmaking bya homelessnessdetermination orof beingwhether inorcare. foster care.

The person responsible for making a determination of whether or not the behavior was caused by homelessness or being in foster care shall presume that the behavior was caused by homelessness or being in foster care unless the person determines that the behavior was not caused by homelessness or being in foster care pursuant to this subsection.

A determination that the behavior was not caused by homelessness must be made in consultation with the local educational agency liaison for homeless pupils designated in - *AB330_R1* – 23 – accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C.

[12.]discretion, 13.reduce or eliminate the period of suspension, convertr an expulsion to a suspension or otherwise reduce, eliminate or alter a disciplinary action imposed upon a pupil who commits a battery which results in the bodily injury of an employee of the school.

The principal of a public school may, at his or her discretion, reduce or eliminate the period of suspension, convert an expulsion to a suspension or otherwise reduce, eliminate or alter a disciplinary action imposed upon a pupil who commits a battery which results in the bodily injury of an employee of the school.

14.

The principal of a public school may reduce the period of suspension or convert an expulsion to a suspension for a pupil who distributes a controlled substance while on the premises of a public school, at an activity sponsored by a public school or on a school bus if:

(a) The pupil is less than 11 years of age;

(b) The pupil has not engaged in such proscribed conduct before;

and (c) After a thorough review of the facts and circumstances, the principal determines that the pupil did not know that the substance being distributed was a controlled substance.

The principal of a public school may reduce the period of suspension or convert an expulsion to a suspension for a pupil who distributes a controlled substance while on the premises of a - 82nd Session (2023) – 27 – public school, at an activity sponsored by a public school or on a school bus if:

(a) The pupil is less than 11 years of age;

(b) The pupil has not engaged in such proscribed conduct bef(c) After a thorough review of the facts and circumstances, the principal determines that the pupil did not know that the substance being distributed was a controlled substance.

16.

[13.] 16.17.

(b) “Dangerous“Bodily weapon”injury” includes,means withoutany limitation,actual adamage blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger,injury ato nunchaku or trefoil, as defined in NRS 202.350, a butterflyperson knifethat orinterferes anywith other knife described in NRS 202.350, a switchblade knife as defined in NRS 202.265, or any other object which is used,detrimental or threatened to bethe used,health inof suchthe aperson manner and underis suchmore circumstancesthan asmerely toaccidental, posetransient a threat of, or cause,trifling bodilyin injurynature. to a person.

(c) “Firearm”“Dangerous weapon” includes, without limitation, anya pistol,blackjack, revolver,slungshot, shotgun,billy, explosivesand-club, substancesandbag, metal knuckles, dirk or device,dagger, anda nunchaku or trefoil, as defined in NRS 202.350, a butterfly knife or any other itemknife includeddescribed withinin theNRS definition202.350, of a “firearm”switchblade knife as defined in 18NRS U.S.C.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.

[(c)] (d) “Firearm” includes, without limitation, any pistol, included within the definition of a “firearm” in 18 U.S.C.

(d)[(d)] (e) “Foster care” has the meaning ascribed to it in 45 C.F.R.

-[(e)] *AB330_R1*(f) – 24 – (e) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C.

(f)[(f)] (g) “Permanently expelled” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled:

(g)- “Restorative82nd justice”Session has(2023) the– meaning28 ascribed– to it in NRS 392.472.

(h)“Restorative justice” has the meaning ascribed to it in [(h)] (i) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C.

[14.] 17.18.

Except as otherwise provided in subsections [5 and] 6 and 7, [andand NRS 392.466,]392.466, the board of trustees of a school district or governing body of a charter school or university school for profoundly gifted pupils, as applicable, or its designee maymayool authorize the suspension or expulsion of any pupil who is at least 11 years of age from [any] a public school .

[within the school district.] Except as otherwise provided in [thisthis subsection and subsection[subsection 33] of]subsections 5 and 6 of NRS 392.466, a pupil who is at least 6 years of age but less than 11 years of age must not be expelled or permanently expelled from schoolschool. [.

In]In absent extraordinary circumstancescircumstances, .a school may request an exception to the prohibition set forth in this subsection against expelling or permanently expelling a pupil who is less than 11 years of age from school from the board of trustees of the school district [.] or the governing body of the charter school or university school, as applicable.

[, a school may request an exception to the prohibition set forth in this subsection against permanently expelling a pupil who is less than 11 years of age from school from the board of trustees of the school district.] 2.

Except as otherwise provided in subsection [6,] 7, 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 - *AB330_R1* – 25 – an opportunity [for] to schedule a hearing, except that a pupil who [is] :

or (d) Is found to be in possession of a firearm or a dangerous weapon as provided in NRS 392.466 , - 82nd Session (2023) – 29 –  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.

[3.]body 4.of a charter school or university school for profoundly gifted pupils, as applicable, or its designee may authorize the 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 board of trustees of a school district or governing body of a charter school or university school for profoundly gifted pupils, as applicable, or its designee may authorize the 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:

A pupil with a disability may, in accordance with the procedural policy adopted by the board of trustees of the school district or governing body of the charter school or university school for profoundly gifted pupils, as applicable, for such matters and only after [the board of trustees of the school district or its designee has reviewed] an administrative review of the circumstances and [determined] a determination that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

- *AB330_R1* – 26 – [7.] 8.

A homeless pupil or a pupil in foster care [who is at least 11 years of age] may be suspended [or expelled] from school pursuant to this section [only] for not more than 5 days if, following a review of all available information, the principal determines that the conduct of the pupil poses an ongoing threat to- the82nd pupilSession or(2023) other– persons30 at– the school and if a determination is made that the behavior that led to the consideration for suspensionsuspensionis or expulsion was not caused by homelessness or being in foster care.

A determination that the behavior was not caused by being in foster care must be made in consultation with an advocate for pupils in foster care at the school in which the pupil is enrolled or thethe[8.] school9. counselor of the pupil.

[8.]cAs 9.used in this section:

As used in this section:

392.4671the 1.governing body of each charter school or university school for profoundly gifted pupils, as applicable, shall adopt a policy for appealing the significant suspension , expulsion or permanent expulsion of a pupil enrolled in the school district, charter school or university school, as applicable.

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 for appealing the significant suspension , expulsion or permanent expulsion of a pupil enrolled in the school district, charter school or university school, as applicable.

- *AB330_R1* – 27 – (a) 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,- may82nd authorizeSession the(2023) significant– suspension31 ,– expulsion or permanent expulsion of a pupil within the timeline established bybyor the Department pursuant to NRS 392.4609;

and (3) Information on the appeal policy adopted by the board of trustees of the school district or the governing body of the charter sch(c) A pupil or, if the pupil is under 18 years of age, the parent or legal guardian of the pupil, who is [suspended] given a significant suspension, expelled or permanently expelled may file an appeal with the board of trustees of the school district, the governing body of the charter school or university school,school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable;applicable, within the timeline established by the Department pursuant to NRS 392.4609;

(c) A pupil or, if the pupil is under 18 years of age, the parent or legal guardian of the pupil, who is [suspended] given a significant suspension, expelled or permanently expelled may file an appeal with the board of trustees of the school district, the governing body of the charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, within the timeline established by the Department pursuant to NRS 392.4609;

and (e) After conducting a hearing pursuant to this subsection, 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, may not increase the initial significant suspension or expulsion of a pupil.

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 - *AB330_R1* – 28 – applicable, shall post the appeal policy on the Internet website of the school- district82nd andSession each(2023) school– within32 the– districtschool or ofuniversity theschool, charteras schoolapplicable.district or universityof school,the ascharter applicable.3.

3.

The Department shall develop one or more examples of a planpla(a) ofPositive actionbehavioral whichinterventions mayand include,support; without limitation:

(a) Positive behavioral interventions and support;

(a) A description of the statewide framework for restorative justice developed pursuant to NRS 388.1333 and the requirements of (b) A timeline for implementation of the requirements of this section and NRS 392.462;392.462 by a public school;

(b) A timeline for implementation of the requirements of this section and NRS 392.462 by a public school;

and (e)- One82nd orSession more(2023) examples– of33 a– plan of action based on restorative justice developed pursuant to subsection 2.2.n 5.

- *AB330_R1* – 29 – 5.

13.5.

Section 5 of Assembly Bill No.

285 of this session is hereby amended to read as follows:

Sec.

5.

NRS 392.4644 is hereby amended to read as follows:

392.4644 1.

The [board of trustees] superintendent of each school district and the administrative head of each charter school and university school for profoundly gifted pupils shall establish a plan to provide for the [restorative] progressive discipline of pupils and on-site review of dis(a) Be developed with the input and participation of teachers, school administrators , school counselors, school social workers, school psychologists, behavior analysts and other educational personnel and support personnel who are employed [by] at the public school , [district,] pupils who are enrolled in the public school or schools within the school district , as applicable, and the parents and guardians of pupils who are enrolled in the public school or schools within the school district [.] , as applicable.

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

(c) Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of the public school or each school within the school district [.] , as applicable.

include, without limitation:disciplinary practices which (1) Holding a pupil accountable for his or her behavior;

(2) Restoration or remedies related to the behavior of the pupil;

(3) Relief for any victim of the pupil;

and (4) Changing the behavior of the pupil.

(e) Provide for] Prescribe methods of alternative conflict resolution and interventions based on social and emotional - 82nd Session (2023) – 34 – learning that are developed to avoid the need for the removal of a pupil.

(e) Include provisions that authorize the temporary removal of a pupil from a classroom or other premises of a NRS 392.4645.ool [in accordance with] pursuant to (f) Provide for the placement of a pupil in a more restrictive educational environment at that school or at a different public school or school within the school district , as applicable, in accordance with NRS 392.466.

(g) Include the names of any members of a committee to review the temporary alternative placement of pupils required by NRS 392.4647.

(h) [Be in accordance with the statewide framework for restorative justice developed pursuant to NRS 388.1333, including, without limitation, by addressing the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250.

(i)] Be provided to each school over which the board of trustees or governing body has authority and posted on the Internet website maintained by the public school .

[district.] (i) Be in accordance with a plan to use disciplinary practices based on restorative justice developed pursuant to subsection 2, if applicable.

2.

The superintendent of a school district shall, in addition to establishing a plan to provide for the progressive plan to use disciplinary practices based on restorativeh a justice.

Such a plan must:

(a) Authorize the use of disciplinary practices based on restorative justice which include, without limitation:

(1) Holding a pupil accountable for his or her behavior;

(2) Restoration or remedies related to the behavior of the pupil;

(3) Relief for any victim of the pupil;

and (4) Changing the behavior of the pupil;

and (b) Be in accordance with the statewide framework for restorative justice developed pursuant to NRS 388.1333, including, without limitation, by addressing the occurrences of the suspension, expulsion or removal of pupils from - 82nd Session (2023) – 35 – schools that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250.

3.

On or before September 15 of each year, the principal of each public school shall:

consultation with the teachers, school administrators , school counselors, school social workers, school psychologists, behavior analysts and other educational personnel and support personnel who are employed at the school , [and] the parents and guardians of pupils , [and] the pupils who are enrolled in the school [;] and, if applicable, the organizational team established pursuant to NRS 388G.700;

(b) Determine whether and to what extent the occurrences of the suspension, expulsion or removal of pupils from school disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250;

and (c) Based upon the review, recommend to the [board of trustees] superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, revisions to the plan, as recommended by the teachers, school administrators , school counselors, school social workers, school psychologists, behavior analysts and other educational personnel and support personnel , [and] the parents and guardians of pupils , [and] the pupils who are enrolled in the school [,] and, if applicable, the organizational team established pursuant to NRS 388G.700, if (d) Post a copy of the plan or the revised plan, as provided by the school district, on the Internet website maintained by the school;

and (e) Distribute to each teacher, school administrator and all educational support personnel who are employed at or assigned to the school a written or electronic copy of the plan or the revised plan, as provided by the school district.

3.] 4.

On or before September 30 of each year, the superintendent of each school district and the administrative head of each charter school or university school for profoundly gifted pupils shall issue a revised plan that appropriately reflects comments provided by teachers, school administrators, school counselors, school social workers, school psychologists, behavior analysts, other educational personnel and support personnel, the parents - 82nd Session (2023) – 36 – and guardians of pupils, the pupils who are enrolled in the school and, if applicable, organizational teams established pursuant to NRS 388G.700.

5.

Not more than 14 days after the receipt of a plan pursuant to subsection 4, the principal of each school shall:

(a) Post a copy of the plan or the revised plan on the Internet website maintained by the school;

and (b) Distribute to each teacher, school administrator, school counselors, school social workers, school psychologists, behavior analysts, and all educational support personnel who are employed at or assigned to the school and, if applicable, the organizational team a written or electronic copy of the plan or the revised plan.

6.

On or before November 15 of each year, the board of trustees of each school district and the governing body of each charter school or university school for profoundly gifted pupils shall:

(a) Submit a written report to the Superintendent of Public Instruction that reports the progress of each school [within the district] over which the board of trustees or governing body has authority in complying with the requirements of this section, including, without limitation, addressing the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250;

and maintained by the school district [.

the Internet website 4.] , charter school or university school for profoundly gifted pupils, as applicable.

7.

If the Superintendent of Public Instruction determines that the data collected pursuant to NRS 392.462 indicates disproportionality in disciplinary actions or is insufficient to determine whether disproportionality exists, the Superintendent shall issue a written notice to the school district, charter school or university school for profoundly gifted pupils, as applicable, listing the specific areas of concern and providing a specific corrective period for the school district, charter school or university school for profoundly gifted pupils, as applicable, to implement a framework to reduce the disproportionality or correct the insufficiency of the data, as applicable.

The specific - 82nd Session (2023) – 37 – corrective period must be at least 12 months but not more than 36 months, and must include required monitoring of the progress made by the school district, charter school or university school for profoundly gifted pupils, as applicable.

school district, charter school or university school forod, the profoundly gifted pupils, as applicable, fails to:

(a) Make measurable progress in addressing the disproportionality or insufficiency listed in the notice issued pursuant to this subsection;

or (b) Provide the required progress reports,  the Superintendent may issue an alternative plan for the school district, charter school or university school for profoundly gifted pupils, as applicable, for mandatory implementation.

8.

As used in this section [, “restorative] :

(a) “Behavior analyst” has the meaning ascribed to it in NRS 641D.030.

(b) “Restorative justice” has the meaning ascribed to it in NRS 392.472.

Sec.

This1. act becomes effective upon passage and approval.

HThis -section *AB330_R1*and sections 1 to 13, inclusive, 14 and 15 of this act become effective upon passage and approval.

2.

Section 13.5 of this act becomes effective upon passage and enacted by the Legislature and approved by the Governor.ssion is ~~~~~ 23 - 82nd Session (2023)