AB 285 — Revises provisions governing school safety and student behavior. (BDR 34-638)

(1) the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable;

(2) the State Board of Education;

and (3) the Joint Interim Standing Committee on Education.

Section 5.5 also requires each school district to, on or before August 1 of each year, collect a representative sample of the plans developed and submit a copy of the sampled plans to the:

(1) Joint Interim Standing Committee on Education;

and (3)(1)(3) Joint State BoardBoard. of Education.

ExistingSection law1 authorizes,requires under certain circumstances, the suspension,plan expulsiondeveloped orpursuant permanentto expulsionsection of5.5 ato pupilbe whoincluded attendsin athe publicannual school,report charterof schoolaccountability or university school for profoundlythe giftedquality pupilsof schools and whothe iseducational atachievement least 11 years of age.pupils.

or permanent expulsion of a pupil who attends a public school, charter school orion university school for profoundly gifted pupils and who is at least 11 years of age.

(NRS 392.466) SectionsSection 3,7 certainof pupilsthis lessbill thanprovides 11for yearsthe ofsuspension, age.ension, expulsion or permanent expulsion of Undercertain existingpupils law, a public school is prohibited, in general, from permanently expelling a pupil who isare lessat thanleast 11 years of age,age. except for certain situations in which such a punishment is authorized by the board of trustees of a school board.

(NRS 392.466, 392.467) Section 87: authorizes the permanent expulsion of a pupil who is less than 11 years of age.

Section(1) 7provides ofthat thispupils billwho authorizesare theless suspension,than expulsion11 oryears permanent expulsion of aage pupilmay, whofollowing sellsreview orand distributesapproval aby controlled substance in certain situationsschool orofficials, commitsbe ansuspended actin of violence against certain personssituations; in various school settings if:

(1)and (2) prohibits, in general, the expulsion or permanent expulsion of a pupil who is atless leastthan 611 years of age;age.

(2)Sections 3 and 4 apply these provisions to the hisdiscipline orof hercertain designee;pupils in charter schools and university schools for profoundly gifted pupils, respectively.

andUnder (3)existing iflaw, thea removalpublic school is ofprohibited, in general, from permanently expelling a pupil withwho is less than 11 years of age, except for certain situations in which such a disability,punishment suchoris removalauthorized compliesby withthe federalboard law.of trustees of a school district.

(NRS 392.466, 392.467) Section 8 of this bill additionally prohibits a public who sells or distributes a controlled substance in certain situations or commits apil battery other than a battery intended to result in the bodily injury of an employee of the school in various school settings:

(1) the pupil may be suspended if he or she is less than 11 years of age and may also be expelled or permanently expelled if he or she is at least 11 years of age;

(2) the suspension of a pupil who is less than 6 years of age must be reviewed by the superintendent of the school district or his or her designee;

and (3) if the removal is of a pupil with a disability, such removal must comply with federal law.

Additionally, section 7 provides that, for a pupil who commits a battery which is intended to result in the bodily injury of an employee of the school:

(1) the pupil shall be suspended or expelled if he or she is at least 8 years of age;

(2) the suspension of a pupil who is less than 6 years of age must be - 82nd Session (2023) – 3 – reviewed and approved by the superintendent of the school district or his or her designee;

and (3) if the removal is of a pupil with a disability, such removal must comply with federal law.

Finally section 7 provides that a pupil who is found in possession of a firearm at a public school or an activity or school bus of a public school:

(1) shall be suspended, expelled or permanently expelled if he or she is at least 11 years of age;

(2) shall be suspended or expelled if he or she is at least 8 but than 8 years of age;

(4) may be suspended if he or she is less than 6 years of ages 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.

Section 6 of this bill instead provides that sucha anpupil appeal must be madeat toleast either11 theyears superintendent of theage schoolto districtbe ordeemed hisa orhabitual herdisciplinary designee.problem.

pupils.Section 6 additionally requires that the pupil be deemed a habitual disciplinary problem if the school has written evidence showing that the pupil did not make efforts to enter into or participate in a plan of behavior.

(NRSSection 392.462)6 Sectionrevises 4.5the persons to whom a pupil or legal guardian of thisa billpupil requires:may appeal a determination that the pupil is a habitual disciplinary problem.

(1)habitual suchdisciplinary dataproblem collectionfollowing toa occurdetermination quarterly;that homelessness is notil a the cause of the behavior of the pupil.

and(NRS (2)392.4655) includeExisting datalaw onalso therequires implementationthat, ofto suspend or expel a planpupil forin progressivecertain disciplinesituations, anda thedetermination trainingbe made that teachersthe andbehavior administratorsof havea receivedpupil regardingis thenot plan.caused by homelessness or being in foster care.

Section(NRS 4.5392.466, additionally392.467) requiresSection 6 removes the requirement that a principal ofpresume eachthe schoolbehavior to,of beforea Augustpupil 1is ofdue eachto year,homelessness reportunless theevidence dataindicates to:otherwise.

(1)Additionally, thesection board6 ofrequires trusteesthat, -before *AB285_R1*deeming –a 3pupil –to ofbe thea schoolhabitual district;disciplinary problem, a determination be made that:

(1) homelessness is not a factor in the behavior of the pupil;

and (2) the placement of the pupil in foster care is not a factor in his or her behavior.

Similar requirements are prescribed by sections 7 and 8.

Existing law requires each public school to collect data on the discipline of pupils.

(NRS 392.462) Section 4.5 of this bill requires such data collection to occur quarterly.

Section 4.5 also requires the data collection to include data on:

(1) the implementation of a plan for progressive discipline;

(2) the training that teachers and administrators have received regarding the plan;

(3) the number of staff positions in the school that are vacant;

(4) the average class size for each grade in workers.

Section 4.5 additionally requires the principal of each school to, beforecial August 1 of each year, report the data to:

(1) the board of trustees of the school district;

and (3) the Superintendent of Public Instruction.Instruction;

renumberedand by(4) sectionthe 7.formingDepartment changeof toEducation. refer to provisions that have been THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Existing law requires the Department to include in the statewide system of accountability for public schools data to recognize public schools that reduce the frequency of suspension, expulsion or removal of pupils from school.

(NRS 385A.605) Section 1.5 of this bill requires certain data collected pursuant to section 4.5 to be included in the statewide system of accountability.

- 82nd Session (2023) – 4 – EXPLANATION – Matter in bolded italics is new;

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(b) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school sponsored by (c) Records of the district.suspension or expulsion, or both, of pupils required or authorized pursuant to NRS 392.466 and 392.467.

(c) Records of the suspension or expulsion, or both, of pupils required or authorized pursuant to NRS 392.466 and 392.467.

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

-or *AB285_R1*other –policies, 4- –82nd (f)Session For(2023) each– high5 school– in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, and for high schools in the district as a whole:

(g) For each school in the district, including, without limitation, each charterch(1) schoolThe sponsoredplan [for restorative justice and the process] for progressive discipline used by the district,school information[;] on:and any disciplinary practices based on restorative justice used by the school;

(1)(2) The plan [fordeveloped restorativepursuant justiceto andsubsection the4 process]of forNRS progressive392.4645; discipline used by the school [;] and any disciplinary practices based on restorative justice used by the school;

and (2)(3) The manner in which the school trains employees on [restorativerestorative justice and]and progressive disciplinediscipline. [.] and, if the school provides such training, restorative justice.

(g) Pupils who are homeless;

- 82nd Session (2023) – 6 – (c) “Discrimination based on race” has the meaning ascribed to it in NRS 388.1235.

-NRS *AB285_R1*392.472.orative –justice” 5has –the (e)meaning “Restorativeascribed justice”to it in (f) “Suspension” has the meaning ascribed to it in NRS 392.472.392.4607.

(f) “Suspension” has the meaning ascribed to it in NRS 392.4607.

1.5.

NRS 385A.605 is hereby amended to read as follows:

385A.605 The Department shall include in the statewide system of accountability for public schools data [to] :

1.

To recognize public schools that reduce the frequency of the suspension, expulsion or removal of pupils from school as a means of discipline, including, without limitation, a reduction in the occurrences of the suspension, expulsion or removal of pupils that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250 [.] ;

and 2.

That is collected pursuant to NRS 392.462 and submitted to the Department pursuant to paragraph (d) of subsection 2 of that section.

Sec.

The Department shall, in consultation with the governing bodies, educational personnel, local associations and organizations of parents whose children are enrolled in schools throughout this State, and individual parents and legal guardians whose children are enrolled in schools throughout this State, prescribe by regulation a policy for all school districts and schools to provide a safe and respectful learning environment that is free of discrimination based on race, bullying and cyber-bullying.

(c) [Requirements and methods] Recommendations for restorative disciplinary practices that align with the statewide framework for restorative justice if; such a framework is developed pursuant to NRS 388.1333;

[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 - 82nd Session (2023) – 7 – all other personnel employed by the governing body.

(1) Training in the appropriate methods to facilitate positive human relations among pupils by eliminating the use of discriminationpupils basedmay onrealize race,their bullyingfull academic and cyber-bullyingpersonal sopotential;hat that(2) pupilsTraining mayin realizemethods theirto fullprevent, academicidentify and personalreport potential;incidents of discrimination based on race, bullying and cyber-bullying;

(2) Training in methods to prevent, identify and report incidents of discrimination based on race, bullying and cyber- bullying;

- *AB285_R1* – 6 – Sec.

(a) In accordance with NRS 392.472, establish standards for a progressive discipline plan of[of actionaction] based on restorative justice to enable a public school to address the unique needs of pupils enrolled in the school;

(b) Provide for the identification of and address the needs of homelesshom(c) pupils,Address unaccompaniedthe pupilsoccurrences orof pupilsthe insuspension, fosterexpulsion care;or;

(c) Address 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 - 82nd Session (2023) – 8 – (e) Provide for training for teachers, administrators and other school staff in:

[(2)] (8) Restorative justice, including, without limitation, positive behavioral interventions and support, conflict resolution and de-escalation techniques;

and and support, conflict resolution [(3)] (9) Psychology, trauma and chronic stress, the effect of trauma and chronic stress on pupils and learning and effective responses to trauma and chronic stress.

- *AB285_R1* – 7 – Sec.

2.suspended or expelled in a manner consistent with thell only be 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] Except as otherwise provided in subsection 3, 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 the suspension or expulsion, the pupil and, if the pupil is under 18 years of age, the parent or guardian of the pupil, has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing.

If a pupil is suspended or expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the suspension or expulsion in accordance with the provisions of NRS 392.4671.

The charter school shall ensure that a pupil who is suspended or expelled and is appealing the suspension or expulsion or a pupil who is being considered for suspension or expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by NRS 392.4673.

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

Such a hearing or proceeding must be closed to the public.

AExcept pupilas whootherwise [isprovided atin leastNRS 11392.467, yearsif ofsuspension age and who] poses a continuing danger to persons or propertyexpulsion or an ongoing threat of disruptinga thepupil academic process [,] or [who is sellingused oras distributinga anypunishment controlledfor substancea or]violation who is found to be in possession of athe dangerousrules, weaponthe ascharter providedschool inshall NRSensure 392.466that, maybefore be removed from the chartersuspension schoolor [onlyexpulsion, after the charterpupil schooland, hasif madethe apupil reasonableis effortunder to18 completeyears a plan of actionage, basedthe onparent restorativeor justiceguardian withof the pupilpupil, inhas accordancebeen withgiven thenotice provisions of NRSthe 392.466charges andagainst 392.467.]him immediatelyor uponher, being given an explanation of the reasonsevidence for the removal of the pupil and pendingan proceedings,opportunity which must be conducted as soon as practicable after removal, for hisa orhearing. her suspension or expulsion.

4.If a pupil is suspended or expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the suspension or expulsion in accordance with the provisions of NRS 392.4671.

AnyThe charter school shall ensure that a pupil who sellsis suspended or distributesexpelled anyand controlledis substanceappealing while- on82nd theSession premises(2023) of– any9 charter– school,the atsuspension anor activityexpulsion sponsoredor by a charterpupil schoolwho is being considered for suspension or onexpulsion anycontinues charterto attend school busand shallreceives meetan withappropriate education in the schoolleast andrestrictive hisenvironment orpossible heras parentrequired orby legalNRS guardian.392.4673.

The schoolprovisions may provide a plan of actionchapter based241 on restorative justice to the parent or legal guardian of theNRS pupilsection. or, if the pupil is an unaccompanied pupil, the pupil.

TheSuch pupila mayhearing beor suspended,proceeding expelledmust orbe permanentlyclosed expelledto from the school,public.s except[3. that:

(a) A pupil who is lessat thanleast 611 years of age mayand notwho 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 permanentlyin expelledpossession pursuantof 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 thiscomplete section.a plan of action based on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.] 4.

-[A *AB285_R1*pupil –with 8a –disability (b) A pupil who is lessat thanleast 611 years of age mayand bewho suspendedis orenrolled expelledin pursuanta tocharter thisschool sectionmay, in accordance with the procedural policy adopted by the governing body of the charter school for such matters and only after the suspensiongoverning body or expulsionits isdesignee has reviewed the circumstances and approveddetermined bythat the governingaction bodyis ofin compliance with the charterIndividuals school.with Disabilities Education Act, 20 U.S.C.

(c) For a pupil with a disability who has been suspended or expelled pursuant to this section, the charter 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.

5.

A pupil with a disability [who is at least 11 years of age and] who is enrolled in a charter school 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 action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

[5.]5.] 6.A copy of the rules of behavior, prescribed punishments and(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.

A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.

[6.] 7.5.

[7.] 8.6.

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

- 82nd Session (2023) – 10 – (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 - *AB285_R1* – 9 – (2) With the possibility of enrolling in a program or public school for alternative education for pupils who are expelled ororblic permanently expelled after being permanently expelled.

(d)(d)] “Suspend” or “suspension” has the meaning ascribed to it in NRS 392.4607.

[If] ExceptA aspupil otherwiseenrolled provided in subsectiona 3,university ifschool suspensionfor orprofoundly expulsiongifted ofpupils ashall pupilonly isbe usedsuspended asor aexpelled punishmentin for a violationmanner ofconsistent thewith rules, the universityrequirements school for profoundly gifted pupils shall ensure that, before the suspension or expulsion,expulsion theof a pupil hasenrolled beenin givena noticepublic ofschool thewithin chargesa againstschool himdistrict oras her,set anforth explanationin ofNRS the392.4601 evidenceto and392.472, aninclusive. opportunity for a hearing.

If3. a pupil is suspended or expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the suspension or expulsion in accordance with the provisions of NRS 392.4671.

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 university school for profoundly gifted pupils shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him or her, an pupil is suspended or expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the suspension or expulsion in accordance with the provisions of NRS 392.4671.

3.[3.

A pupil [whowho is at least 11 years of age and]and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic processprocess, [,]who or [who is selling or distributing any controlled substance or]or who is found to be in possession of a dangerous- weapon82nd asSession provided(2023) in– NRS11 392.466– mayonly beafter removed [only after] from the university school for profoundly gifted pupils [hashas 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.] immediately4. 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 or expulsion.

4.[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.

Any pupil who sells or distributes any controlled substance while on the premises of any university school for profoundly gifted pupils, at an activity sponsored by a university school for - *AB285_R1* – 10 – profoundly gifted pupils or on any bus owned by a university school for profoundly gifted pupils shall meet with the school and his or her parent or legal guardian.

The school may provide 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 be suspended, expelled or permanently expelled from the school, except that:

(a) A pupil who is less than 6 years of age may not be permanently expelled pursuant to this section;

(b) A pupil who is less than 6 years of age may be suspended or expelled pursuant to this section only after the suspension or expulsion is reviewed and approved by the governing body of the university school for profoundly gifted pupils.

(c) For a pupil with a disability who has been suspended or expelled pursuant to this section, 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.

5.

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.

(c)5.] PermanentlyA expelledcopy fromof schoolthe pursuantrules of behavior, prescribed punishments and procedures to thisbe section.followed in imposing punishments must be:

[5.] 6.

A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

[6.] 7.5.

If the governing body adopts - *AB285_R1* – 11 – rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

[7.] 8.6.

(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:

(c)- “Pupil82nd Session (2023) – 12 – NRS 388.417.l with a disability” has the meaning ascribed to it in (d)] “Suspend” or “suspension” has the meaning ascribed to it in NRS 388.417.392.4607.

(d) “Suspend” or “suspension” has the meaning ascribed to it in NRS 392.4607.

392.462 Each public school shall quarterly collect data on the discipline of pupils [.] and the planplans developed pursuant to NRS 392.4644.

Such data must include, without limitation, the number of expulsions and suspensions of pupils [and] , the implementationnumber of staff positions in the school that are vacant, the average class size for each grade in the school, the implementation of each plan, the training received by teachers and administrators regarding theeach planplan, and the number of placements of pupils in another school.school [.] and the ratio of pupils to school counselors, school psychologists and school social workers.

1.

Review the data and take appropriate action;

(a) The board of trustees of the school district [each quarter;]quarter; ;

and] or the governing body of the public school, as applicable;

and (c) The Superintendent of Public Instruction;

and (d) The Department;

The board of trustees of each school district , the governing body of each charter school and the governing body of each university school for profoundly gifted pupils shall establish a plan to provide for the [restorative] progressive discipline of pupils and(a) Be developed with the input and on-siteparticipation reviewof 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 disciplinarypupils decisions.who are enrolled in the public school or schools within the school district [.] , as applicable.

The- plan82nd must:Session (2023) – 13 – accordance with NRS 392.463.e written rules of behavior prescribed in (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.

(a) Be developed with the input and participation of teachers, school administrators and other educational personnel and support - *AB285_R1* – 12 – personnel who are employed by the school district, pupils who are enrolled in schools within the school district and the parents and guardians of pupils who are enrolled in schools within the school district.

(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 each school within the school district.

(e)](e) Provide forfor] thePrescribe temporarymethods removal of aalternative pupilconflict fromresolution aand classroominterventions orbased otheron premisessocial ofand aemotional publiclearning schoolthat inare accordancedeveloped withto NRSavoid 392.4645.the need for the removal of a pupil.

[(f)] (e) ProvideInclude forprovisions thethat placementauthorize of a pupil in a different school within the schooltemporary districtremoval inof accordance withwith] pursuant to NRS 392.466.392.4645.

[(g)]of a public school [in (f) IncludeProvide for the namesplacement of anya memberspupil ofin a committeemore torestrictive revieweducational environment at that school or at a different public school or school within the temporaryschool alternativedistrict placement, ofas pupilsapplicable, requiredin byaccordance with NRS 392.4647.392.466.

[(h)(g) BeInclude in accordance with the statewidenames frameworkof forany restorativemembers justiceof developeda pursuantcommittee to NRSreview 388.1333, including, without limitation, by addressing the occurrencestemporary ofalternative theplacement suspension, expulsion or removal of pupils fromrequired schoolby that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250.]392.4647. [(i)] (g) Be posted on the Internet website maintained by the school district.

(h) Be[Be in accordance with athe planstatewide framework for restorative justice developed pursuant to useNRS disciplinary388.1333, practicesincluding, basedwithout onlimitation, restorativeby justiceaddressing developedthe pursuantoccurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2.2 of NRS 385A.250.

(i)] Be provided to each school over which the board of website maintained by the public school .

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

The board of trustees of a school district shall, in addition to establishing a plan to provide for the progressive discipline of pupils pursuant to subsection 1, establish a plan to use disciplinary practices based on restorative justice.

- 82nd Session (2023) – 14 – (a) Authorize the use of disciplinary practices based on restorative justice which include, without limitation:

(2) Restoration or remedies related to the behavior of the pupil;(3) Relief for any victim of the pupil;

(3) Relief for any victim of the pupil;

and - *AB285_R1* – 13 – (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 schools that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250.

(a) Review the plan established by subsection 1 in 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, [and] the parents and guardians of pupils and, [and] the pupils who are enrolled in the school;school [;] and, if applicable, the organizational team established pursuant to NRS 388G.700;

and (c) Based upon the review, recommend to the board of trustees ofuniversity the school districtfor profoundly gifted pupils, as applicable, or 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, [and] the parents and guardians of pupils and, [and] the pupils who are enrolled in the school,school [,] and, if necessary;applicable, the organizational team established pursuant to NRS 388G.700, if necessary .

[;

[3.]- 82nd Session (2023) – 15 – 3.] 4.

On or before NovemberSeptember 1530 of each year, the board of trustees of each school district shall:and the governing body of each charter school or university school for profoundly gifted pupils shall issue a revised plan that appropriately reflects comments school social workers, school psychologists, behavior analysts, other educational personnel and support personnel, the parents and guardians of pupils, the pupils who are enrolled in the school and, if applicable, organizational teams established pursuant to NRS 388G.700.

(a)5. 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;

andNot (b)more Postthan a14 copydays ofafter the reportreceipt onof thea Internetplan websiteestablished maintainedpursuant byto subsection 1 or a revised plan issued pursuant to subsection 4, the principal of each school district.shall:

[4.](a) 5.Post a copy of the plan or the revised plan on the Internet website maintained by the school;

Asand used(b) inDistribute thisto section,each “restorativeteacher, justice”school hasadministrator, theschool meaningcounselors, ascribedschool social workers, school psychologists, behavior analysts, and all educational support personnel who are employed at or assigned to itthe inschool NRSand, 392.472.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 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 (b) Post a copy of the report on the Internet website maintained by the school district [.

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 - 82nd Session (2023) – 16 – 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 corrective and must include required monitoring of the progress made by the school district, charter school or university school for profoundly gifted pupils, as applicable.

If, after the conclusion of the specific corrective period, the school district, charter school or university school for 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.

Except[Except as otherwise provided in subsection 5, the plan established pursuant to NRS 392.4644 must provide for the -temporary *AB285_R1*removal –of 14a] –A temporarypupil removalmay ofbe atemporarily pupilremoved 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[The plan must provide that, uponupon] 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[an] a written explanation of the reason for the removal of the pupil to the pupil and offer the pupil an opportunity to respond to the explanation.

Except as otherwise provided in subsection 3, a pupil who is removed from a classroom or any other premises of a public school pursuant- to82nd thisSession section(2023) may– be17 assigned– placement pursuant to which the pupil:ed to a temporary alternative placement(a) pursuantIs separated, to which the pupil:extent practicable, from pupils who are not assigned to a temporary alternative placement;

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

 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,inc4.sivA dopublic notschool applymust , on or before August 1 of each year, develop or review and revise a plan to offer a pupil , including, without limitation, a pupil who is less than 11 years of age, who is removed from a classroom or any other premises of the pupil.public school pursuant to this section or NRS 392.466 for more than 2 school days:

4.

A public school must develop a plan to offer a pupil who is removed from a classroom or any other premises of the public school pursuant to this section for more than 2 school days:

- *AB285_R1* – 15 – 5.

Before[Before] removingA aplan pupildeveloped fromby a classroom or any other premises of a public school pursuant to thissubsection section4 for more than 1 school day, the principal of the school must contactinclude: the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C.

§§to 11301a etpupil seq.,in oran ain-person contactsetting;ucation personand atsupport aservices school,(b) including,The withoutlocation limitation,where asuch schoolservices counselorwill orbe schoolprovided social worker, to make a determination of whether the pupilpupil; is a homeless pupil.

and (c) A plan for the pupil to complete any assignments or course work missed during his or her removal.

Each public school district shall, on or before August 1 of each year, submit a copy of the plan that is developed or reviewed and revised pursuant to subsection 4 to:

- 82nd Session (2023) – 18 – (a) The board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable;

(b) The State Board;

and 7.) Upon 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 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, to make a determination of whether the pupil is a homeless pupil.

[6.] 8.

Each school district shall, on or before August 1 of each year, collect a representative sample of the plans developed pursuant to subsection 4 and submit a copy of the sampled plans to:

7.9.

The sample of plans that is collected pursuant to subsection 7 must correspond with the proportion of pupils within the school district who are:

(a) Economically disadvantaged;

(b) From major racial and ethnic groups;

(c) Pupils with disabilities;

(e) Migratory children;

(f) Of each gender;

(g) Homeless;

(h) In foster care;

and (i) Pupils whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard.

10.

Except as otherwise provided in this section, a principal of a school shall deem a pupil who is at least 11 years of age and enrolled in the school a habitual disciplinary problem if the school has written evidence which documents that in 1 school year:

- 82nd Session (2023) – 19 – (a) The pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or other personnel employed by the school two or more times or the pupil has a record of five significant suspensions from the school for any reason;

(b)of Thebehavior pursuant to subsection 5 and the pupil has not enteredplan [entered] made efforts to enter into and[and participatedparticipated] or participate in such a plan of behavior pursuant; to subsection 6;

and[pursuant (c)to Thesubsection behavior6; 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.

§§and] 11301(c) etThe seq.,[behavior] orhomelessness aof contactthe personpupil atwas anot school,[caused including,by withouthomelessness,] limitation, a schoolfactor counselorin his or schoolher socialbehavior, worker.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 [.] ;

and (d) The placement in foster care of the pupil was not a factor in his or her behavior, as determined in consultation with a contact person at the school, including, without limitation, a school counselor or school social worker.

A[A principal of a school shall presume that the behavior of the pupil was caused by homelessness unless the principal determines the behavior was not caused by homelessness pursuant to subsection 1.

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

AtUpon leastsuch one teacher of a pupil who ismade enrolledthe in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request thatto thereview principal of the schoolpupil’s deemrecord aof pupildiscipline. a habitual disciplinary problem.

UponIf, suchafter athe request,review, the principal of the school shalldetermines meetthat withthe eachprovisions of subsection 1 do not apply to the pupil, a teacher who madesubmitted thea request pursuant to reviewthis subsection may appeal that determination to the pupil’s[board recordof trustees] superintendent of discipline.the school district [.] or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable.

If,Upon -receipt *AB285_R1*of –such 16a –request, after the review,[board the principal of thetrustees] schoolsuperintendent determinesor thatadministrative thehead provisionsshall ofreview subsectionthe 1initial dorequest notand applydetermination pursuant to the pupil,procedure aestablished teacherby whothe submittedboard aof requesttrustees pursuantof tothe thisschool subsectiondistrict mayor appealthe thatgoverning determinationbody toof the [boardcharter ofschool trustees]or superintendentuniversity ofschool thefor schoolprofoundly districtgifted [.]pupils, oras hisapplicable, orfor hersuch designee.matters.

Upon[4.] receipt3. of such a request, the [board of trustees] superintendent or his or her designee shall review the initial request and determination pursuant to the procedure established by the board of trustees for such matters.

4.If a pupil is suspended, the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian - 82nd Session (2023) – 20 – contains:pil or, if the pupil is an unaccompanied pupil, the pupil that (a) A description of the act committed by the pupil and the date on which the act was committed;

If(b) aAn pupilexplanation isthat suspended,if the schoolpupil inreceives whichfive significant suspensions on his or her record during the pupilcurrent isschool enrolledyear shalland providehas writtennot noticeentered tointo theand parentparticipated orin legala guardianplan of thebehavior pupilpursuant or,to ifsubsection [6,] 5, the pupil iswill anbe unaccompanieddeemed pupil,a thehabitual pupildisciplinary thatproblem; contains:

(a)(c) AAn descriptionexplanation ofthat, thepursuant actto committedsubsection by[5] the8 of NRS 392.466, a pupil andwho theis datedeemed ona whichhabitual thedisciplinary actproblem wasmay committed;be:

(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 of NRS 392.466, a pupil who is deemed a habitual disciplinary problem may be:

(d) If the pupil is a pupil with a disability, an explanation of the effect of subsection [10] 912 of NRS 392.466, including, without limitation, that ifthe itpupil’s behavior is determinednot a manifestation of the pupil’s disability, he or she may be suspended or expelled from school in accordancethe withsame 20manner U.S.C.as a pupil without a disability;

§and 1415(e) thatA thesummary pupil’s behavior is not a manifestation of the pupil’sprovisions disability,of hesubsection or[6.] she5. may be suspended or expelled from school in the same manner as a pupil without a disability;

and[5.] (e)4. A summary of the provisions of subsection 6.

5.A school shall provide the notice required by subsection [4] 3 for each suspension on the record of a pupil during a school year.

A school shall provide the notice required by subsection 4 for each suspension on the record of a pupil during a school year.

6.[6.] 5.

If a pupil , including, without limitation, a pupil who is less than 11 years of age, is suspended, the school in which the pupil is enrolled shall develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil.

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

Such a - *AB285_R1* – 17 – plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation:

(1)- Expelled82nd orSession suspended(2023) from– a21 public– school, including, without limitation, a charter school;

ororpublic school, including, (2) Deemed to be a habitual disciplinary problem pursuant to this section.

(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 counseling, programs or services available in the school, school district or community.

(e) A voluntary agreement by the pupil and, if the pupil is not an unaccompanied pupil, the pupil’s parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school or school district.

7.[7.] 6.

If a pupil commits the same act for which notice was provided pursuant to subsection 4[4] 3 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 deemed a habitual disciplinary problem.

8.[8.] 7.

9.[9.] 8.

The parent or legal guardian of a pupil or, if the pupil is an unaccompanied pupil, a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal to the [board of trustees] superintendent of the school district or histhe administrative head of the charter school or heruniversity designeeschool for profoundly gifted pupils, as applicable, 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] superintendent of the school district or histhe oradministrative herhead designeeof shallthe reviewcharter theschool determinationor inuniversity accordanceschool withfor theprofoundly proceduregifted pupils, as applicable, shall 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, for such matters.

10.[10.] 9.

(a) “Significant“Foster suspension”care” meanshas the schoolmeaning inascribed whichto theit pupilin is45 enrolled:C.F.R.

(1)§ Prohibits1355.20. the pupil from attending school for 3 or more consecutive days;

and(b) -“Significant *AB285_R1*suspension” –means 18 – (2) Requires a conference or some other form of communication with the parentschool orin legalwhich guardian of the pupil before the pupil is allowedenrolled: to return to school.

(b)- “Unaccompanied82nd pupil”Session has(2023) the– meaning22 ascribed– to(1) Prohibits the termpupil “unaccompaniedfrom youth”attending inschool 42for U.S.C.3 or more consecutive days;

and (2) Requires a conference or some other form of communication with the parent or legal guardian of the pupil before the[(b)] (c) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C.

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 least 11 years of age] shall meet with the school and his or her parent or legal guardian.

or] A pupil who is less than 611 years of age may not be expelled or permanently expelled pursuant to this section.subsection.

(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.] A pupil who is less than 66e years of age may be suspended or expelled pursuant to this sectionsubsection, onlyand after the suspension ormust expulsionbe is 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 section,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.

AnExcept employeeas whootherwise isprovided ain victimthis ofsection, aany batterypupil whichwho resultscommits ina thebattery bodilyagainst injury of an employee of the school maywhile appealon to the - 82nd Session (2023) – 23 – school [the]or aon planany ofschool actionbus providedshall pursuantmeet towith subsectionthe 1school if:and his oric her parent or legal guardian.

The school shall provide 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 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 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 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.

3.

Except as otherwise provided in this section, any pupil who commits a battery which is intended to result in the bodily injury of an employee of the school while on the premises of any public school, at an activity sponsored by a public school or on any school bus shall meet with the school and his or her parent or legal guardian.

The school shall provide 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 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.

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 public education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq., for each - 82nd Session (2023) – 24 – been removed for 10 cumulative days.

expelled after the pupil has 4.

An employee who is a victim of a battery which [results] is intended to result in the bodily injury of an employee of the school may appeal to the school [the] a plan of action provided pursuant to subsection [1] 3 if:

and (b) For a pupil with a disability who committed the battery, 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, or its designee has reviewed the circumstances and determined that such an appeal is in - *AB285_R1* – 19 – compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

3.[3.] 5.

Except as otherwise provided in this section, any pupil , [of any age,] including, without limitation, a pupil with a disability, who isposes founda continuing danger to persons or property or an in possession of a[a firearm oror] 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,[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.

4.4.] 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:

If(a) aA school is unable to retain a pupil inwho theis schoolless pursuantthan to11 subsectionyears 1 for the safety of anyage personmay or because doing so would not be inexpelled theor bestpermanently interest of the pupil, the pupil may be suspended, expelled orpursuant placedto inthis anothersubsection. school.

Ifpursuant ato pupilthis issubsection placedonly inafter another school, the currentsuspension schoolis ofreviewed theand pupilapproved shallby explainthe whatsuperintendent servicesof willthe beschool provideddistrict toor the pupiladministrative athead of the newcharter school thator theuniversity current school isfor unableprofoundly togifted providepupils, toas addressapplicable, theor specifichis needsor andher behaviorsdesignee. of the pupil.

The(c) schoolFor districta ofpupil thewith currenta schooldisability ofwho thehas pupilbeen shallsuspended coordinateor withexpelled thepursuant new school to createthis asubsection, planthe ofpublic actionschool basedin onwhich restorative justice for the pupil andis toenrolled ensureshall thatmake anyavailable resourcesto requiredthe topupil executea thefree planappropriate ofpublic actioneducation basedin oncompliance restorativewith justicethe areIndividuals availablewith atDisabilities theEducation newAct, school.20 U.S.C.

5.§§ 1400 et seq., for each - 82nd Session (2023) – 25 – been removed for 10 cumulative days.

Exceptexpelled asafter otherwisethe 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 made6. 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:

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 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.

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.

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 than 11 years of age, is placed in another school, the current schoolss 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.

The [school district of the] current school of the pupil shall coordinate with 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.

- 82nd Session (2023) – 26 – is deemed a habitual disciplinary problem pursuant to NRS, if a pupil 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:

6.[6.] 9.

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 enrollment and is accepted for 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 may,shall, foralone goodor causethrough shown in a particularpartnership casewith inanother that school district, allowprovide a modificationprogram toof aalternative suspensioneducation or expulsion pursuant to subsectionsthis 1paragraph -in *AB285_R1*an –in-person 20setting –that toallows 5,each inclusive,pupil ifenrolled suchin modificationthe isprogram setto forthreceive educational services in writing.the least restrictive educational environment.

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, as applicable, 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 pupils, as applicable, shall allow such a modification if [the superintendent] he or she determines that a plan of action based on restorative justice may be used successfully.

[8.] 11.

A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.district [.

9.- 82nd Session (2023) – 27 – subsection 3, a pupil who is less than 11 years of age must not be permanently expelled from school.

[Except as otherwise provided in this subsection and subsection 3, a pupil who is less than 11 years of age must not be permanently expelled from school.

10.] Exceptor as otherwise provided in subsection 3, a pupil with a disability [who is at least 11 years of age] may, in accordance with the proceduralgoverning policybody adopted by the board of trustees of the schoolcharter district for such matters and only after the board of trustees of the school district or itsuniversity designeeschool hasfor reviewedprofoundly thegifted circumstancespupils, andas determinedapplicable. that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

12.

Except as otherwise provided in subsection [3,] 5 or 6, 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 the governing body of the charter school or university school for profoundly gifted pupils, as the school district or governing body, as applicable, 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.

[11.] 10.13.

A homeless pupil or a pupil in foster care [whowho is at least 11 years of age]age may be suspended or expelled from school pursuant to this section only if a determination is made that homelessness or being in foster care was not a factor in the behavior that led to the consideration for suspension or expulsion was. not caused by homelessness or being in foster care.

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

A determination that homelessness was not a factor in the behavior was[was not caused by homelessnesshomelessness] must be made in - 82nd Session (2023) – 28 – consultation with the local educational agency liaison for homeless pupils designated in - *AB285_R1* – 21 – 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 counselorfoster care was not a factor in the behavior [was not caused byn 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 the school socialcounselor worker.of the pupil.

A[12.] determination14. 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 the school counselor of the pupil.

[12.] 11.

[13.] 12.15.

(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.

revolver, shotgun, explosive substance or device, and any other item 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)[(e)] (f) “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:

and (2)- With82nd theSession possibility(2023) of– enrolling29 in– a program or public school for alternative education for pupils who are expelled ororblic permanently expelled after being permanently expelled.

(g)[(g)] (h) “Restorative justice” has the meaning ascribed to it in NRS 392.472.

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

[14.] 13.16.

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 - *AB285_R1* – 22 – problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456.

Sec.392.467 1.NRS 3Except as otherwise provided in subsections [5] 4 and [6] 5 and NRS 392.466, the board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils, as applicable, or its designee may authorize the suspension or expulsion of any pupil who is at least 11 years of age from [any] a public school .

8.[within the school district.] Except as otherwise provided in this subsection and [subsection 3] subsections 5 and 6 of NRS 392.466, a pupil who is less than 11 years of age must not be expelled or permanently expelled from school.

NRSIn 392.467extraordinary iscircumstances, herebya amendedschool may request an exception to readthe 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 follows:applicable.

392.467may 1.be suspended or expelled until the pupil has been given noticel of the charges against him or her, an explanation of the evidence and an opportunity for a hearing, except that a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or is found to be in possession of a firearm or a dangerous weapon as provided in NRS 392.466 may be removed from the school immediately upon being given an explanation of the reasons for his or her removal and pending - 82nd Session (2023) – 30 – for the pupil’s suspension or expulsion.practicable after removal, 3.

Except as otherwise provided in subsections [5] 4 and [6] 5 and NRS 392.466, the board of trustees of a school district or its designee may authorize the suspension or 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 this subsection and subsection 3 of NRS 392.466, a pupil who is less than 11 years of age must not be permanently expelled from school.

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

3.

The board of trustees of a school district or itsthe designeegoverning shallbody notof authorizea thecharter expulsion,school suspension or removaluniversity ofschool anyfor -profoundly *AB285_R1*gifted –pupils, 23as –applicable, pupilor fromits designee shall not 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 with a disability may, in accordance with the procedural policy adopted 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, for such matters and only after 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, 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.

(b) Expelled from school pursuant to this section.

A homeless pupil or a pupil in foster care [whowho is at least 11 years of age]age may be suspended or expelled from school pursuant to this section only if a determination is made that homelessness or being in foster care was not a factor in the behavior that led to the consideration for suspension or expulsion was. not caused by homelessness or being in foster care.

[was not caused by homelessness or being in foster care.] The person responsible for making a determination of whether or not homelessness or being in foster care was a factor in the behavior was[was caused by - 82nd Session (2023) – 31 – homelessness or being in foster care shallwas presumenot thata factor in the behavior was[was caused by homelessness or being in foster carecare] unless the person determines that[that the behavior was not caused by homelessness or being in foster carecare] otherwise pursuant to this subsection.

A determination that homelessness was not a factor in the behavior was[was not caused by homelessnesshomelessness] must be made 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.

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

(a)1355.20.Foster “Foster care” has the meaning ascribed to it in 45 C.F.R.

§ 1355.20.(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.

and - *AB285_R1* – 24 – (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.

Except as otherwise provided in NRS 392.466 , [and to the extent practicable,] a public school shall provide a progressive[before] :e discipline plan [of action] based on restorative justice [before](a) :To a pupil, including, without limitation, a pupil who is less than 11 years of age, who has received at least 5 cumulative days of suspension during a school year;

(a)and To(b) Within 2 days after removing a pupil , including, without limitation, a pupil who hasis receivedless atthan least11 5years cumulativeof daysage, from a classroom or other premises of suspensionthe duringpublic school or suspending or expelling a pupil from school year;[.] for a period of at least 3 days.

andSuch (b) Within 2 days after removing a pupilplan frommust ainclude classroominformation orconcerning otherthe premisesprovision of the- public82nd schoolSession or(2023) suspending– or32 expelling– ato pupilsubsection from4 schoolof [.]NRS for392.4645.during ahis periodor ofher atremoval leastpursuant 32. days.

SuchThe aDepartment planshall mustdevelop includeone informationor concerningmore theexamples provision of educationa servicesprogressive todiscipline theplan pupil[of duringaction] hisbased oron herrestorative removaljustice pursuantwhich to[may] subsectionmust 4include, ofwithout NRSlimitation: 392.4645.

2.

The Department shall develop one or more examples of a plan of action which may include, without limitation:

[and] (f)designee Aand conferenceany withother theappropriate principalpersonnel of[.] the;ol school or his or her designee(g) andA anydetermination otherof appropriatethe personnelneed [.]for ;a referral to a school social worker;

(g)(h) AGuidelines determinationfor of the needprovision forof notice to a referralpupil to ainitiate schoolhis socialor worker;her reinstatement;

and (h)(i) A plan for the reinstatement of a pupil who was expelled.

-section *AB285_R1*and –NRS 25392.462 –by (b)a [Apublic timelineschool;e forrequirements implementation of thethis requirements(c)] One or more models of thisrestorative sectionjustice and NRSbest 392.462practices byrelating ato publicrestorative school;justice;

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

and - 82nd Session (2023) – 33 – [(e)] (d) One or more examples of a progressive discipline plan of[of actionaction] based on restorative justice developed pursuant to subsection 2.

Sections 1, 1.5, 2 and 3 to 9, inclusive, of this act become effective on July 1, 2023.

H~~~~~ 23 - *AB285_R1*82nd Session (2023)