Sections 1 and 2 of this bill make conforming changeshool or relating to the removal of this requirement.

(1) requires the Department to develop the statewideplan framework for restorative justice regardless of funding;

Existing law requires, in general, that a public school provide a plan of action based on restorative justice before removing a pupil from a classroom or the premises of the school or suspending or expelling the pupil.

Existing(NRS law392.472) requiresSections the7 Departmentand to9 developof onethis orbill more[remove examplesthe ofrequirement] suchrequire a planpublic ofschool action,to withinstead certainprovide requireda elements.progressive discipline plan [of Assembly Amendment No.

(NRS374 392.472) Section 9 of this bill requires a public school to insteadAssembly provideBill aNo. progressive discipline plan based on restorative justice:

(1)285 toPage a4 pupilaction] whobased hason beenrestorative suspendedjustice for[before atremoving] least: 5 cumulative days during a school year;

(1) to a pupil [from a classroom or the premises of the school or suspending or expelling the pupil and, instead, authorizes a public school to provide such a plan.] who has been suspended for at least 5 cumulative days during a school year;

Section 9 additionally requires an example of a progressiveplan disciplineof planaction developed by the Department - 82nd Session (2023) – 2 – to include certain determinations concerning an individualized education program.

Further, section 9 requiresprovide similar authorization concerning the planprovision toof beplans madebased availableon restorative justice to certaincharter personnel.schools and university schools for profoundly gifted pupils.

SectionsExisting 3law andrequires 4a ofpublic thisschool billto provideoffer similarcertain requirementseducation concerningservices theto provisiona ofpupil progressivewho disciplineis plansremoved basedfrom ona restorativeclassroom justiceor forthe charterpremises schoolsof anda universitypublic schoolsschool for profoundlyat giftedleast pupils.2 days.

Existing(NRS law392.4645) requiresSection a5.5 publicof this bill requires each school todistrict offerto, certainon educationor servicesbefore toAugust 1 of each year, submit a thancopy 2of days.such a plan to the:

(NRS 392.4645) Section 5.5 of this bill requires the public school to, on or before August 1 of each year, develop or review and revise a plan to offer such services to, without limitation, pupils who are less than 11 years of age and requires the plan to include:

(1) an option to provide such services in an in-person setting;

(2) the location of such services;

and (3) a plan for the pupil to complete certain assignments.

Section 5.5 requires each public school to, on or before August 1 of each year, submit such a plan to:

(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:

and (3) State Board.Board of Education.

SectionExisting 1law requiresauthorizes, under certain circumstances, the plansuspension, developedexpulsion pursuantor topermanent sectionexpulsion 5.5of toa bepupil includedwho inattends thea annualpublic reportschool, ofcharter accountabilityschool foror theuniversity qualityschool offor schoolsprofoundly gifted pupils and thewho educationalis achievementat least 11 years of pupils.age.

or(NRS permanent388A.495, expulsion388C.150, of392.466, 392.467) Existing law further provides that a pupil who attendsis aless publicthan school,11 charteryears schoolof orionage universitymay schoolbe forsuspended, profoundlyexpelled giftedor pupilspermanently andexpelled whoby isthe atpublic leastschool 11in yearsschool ofdistrict. age.

(NRS 388A.495,392.466) 388C.150,Sections 392.466,3, 392.467)4 Existing[, law7] furtherand provides8 that a pupil who is less than 11 years of agethis maybill beprovide suspended,for expelled or permanently expelled by the publicsuspension, schoolexpulsion inor whichpermanent theexpulsion pupilof iscertain enrolledpupils ifless suchthan a11 punishmentyears is approved by the board of trusteesage. of the school district.

(NRSUnder 392.466)existing Sectionlaw, 7a ofpublic thisschool billis providesprohibited, forin thegeneral, suspension,from expulsionpermanently orexpelling permanenta expulsionpupil who is less than 11 years of age, except for certain pupilssituations whoin arewhich atsuch leasta 11punishment yearsis authorized by the board of age.trustees of a school board.

Section(NRS 7:392.466.

(1)392.467) provides[Sections that7 pupilsand] whoSection are8 less[authorize] thanauthorizes 11the yearspermanent expulsion of agea may,pupil followingwho reviewis andless approvalthan by11 certainyears schoolof officials,age. be suspended in certain situations;

andSection (2)7 prohibits,of inthis general,bill authorizes the suspension, expulsion or permanent expulsion of a pupil who issells lessor thandistributes 11a yearscontrolled substance in certain situations or commits an act of age.violence against certain persons in various school settings if:

Sections(1) 3the andpupil 4is applyat theseleast provisions6 toyears the discipline of certainage; pupils in charter schools and university schools for profoundly gifted pupils, respectively.

Under(2) existingthe law,suspension aor publicexpulsion school is prohibited,reviewed inby general,the fromsuperintendent permanently expelling a pupil who is less than 11 years of age, except for certain situations in which such a punishment is authorized by the boardschool ofdistrict trusteesor ofhis aor schoolher district.designee;

(NRSand 392.466,(3) 392.467)if Sectionthe 8removal is of this bill additionally prohibits a publicpupil whowith sells or distributes a controlleddisability, substancesuch inremoval certaincomplies situationswith orfederal commitslaw. apil battery other than a battery intended to result in the bodily injury of an employee of the school in various school settings:

(1)Sections the3 pupiland may4 beapply suspendedsimilar ifprovisions heto orcharter sheschools isand lessuniversity thanschools 11for yearsprofoundly ofgifted agepupiExisting andlaw mayprovides alsothe beprocess expelledfor orthe permanentlyprincipal expelledof ifa heschool orto shedeem isa atpupil leasta 11habitual yearsdisciplinary ofproblem. 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.

Sections 3 and 4 apply similar provisions to charter schools and university schools for profoundly gifted pupils, respectively.

Existing law provides the process for the principal of a school to deem a pupil a habitual disciplinary problem.

Section 6 of this bill instead provides that asuch pupilan appeal must be atmade leastto 11either yearsthe superintendent of agethe toschool bedistrict deemedor ahis habitualor disciplinaryher problem.designee.

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.

Section 6 revises the persons to whom a pupil or legal guardian of a pupil may appeal a determination that the pupil is a habitual disciplinary problem.

habitual disciplinary problem following a determination that homelessness is notil a the cause of the behavior of the pupil.

(NRS 392.4655) Existing law also requires that, to suspend or expel a pupil in certain situations, a determination be made that the behavior of a pupil is not caused by homelessness or being in foster care.

(NRS 392.466, 392.467) Section 6 removes the requirement that a principal presume the behavior of a pupil is due to homelessness unless evidence indicates otherwise.

Additionally, section 6 requires that, before deeming a pupil to be a habitual 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.

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

Section(1) 4.5such also requires the data collection to includeoccur dataquarterly; on:

(1)and (2) include data on the implementation of a plan for progressive discipline;discipline and the training that teachers and administrators have received regarding the plan.

(2)Section 4.5 additionally requires the trainingprincipal thatof teacherseach andschool administratorsto, havebefore receivedAugust regarding1 of each year, report the plan;data to:

(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:

and (3) the Superintendent of Public Instruction;InstSection 6 [of this bill] makes a conforming change to refer to provisions that have been renumbered by section 7.

andAssembly (4)Amendment theNo. Department of Education.

Existing374 law requires the Department to includeAssembly inBill theNo. 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.

(NRS285 385A.605)Page Section5 1.5THE ofPEOPLE thisOF billTHE requiresSTATE certainOF dataNEVADA, collectedREPRESENTED pursuantIN toSENATE sectionAND 4.5ASSEMBLY, toDO beENACT includedAS inFOLLOWS: 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 suspensiondistrict. 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.

(3) The number of incidents resulting in suspension or expulsion, or both, for dis(4) Any actions taken to reduce the number of incidents of discrimination based on race, bullying or cyber-bullying;cyber-bullying including, without limitation, training that was offered or other policies, practices and programs that were implemented.

and(f) (4)For Anyeach actionshigh takenschool toin reduce the numberdistrict, ofincluding, incidentswithout oflimitation, discriminationeach basedcharter onschool race,sponsored bullyingby orthe cyber-bullyingdistrict including,that practicesoperates as a high school, and programsfor thathigh wereschools implemented.in the district as a whole:

or other policies, - 82nd Session (2023) – 5 – 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 ch(1)charter Theschool plansponsored [for restorative justice and the process] for progressive discipline used by the schooldistrict, [;]information andon: any disciplinary practices based on restorative justice used by the school;

(2)(1) The plan developed[for pursuantrestorative tojustice subsectionand 4the ofprocess] NRSfor 392.4645;progressive discipline used by the school [;] and any disciplinary practices based on restorative justice used by the school;

and (3)Assembly TheAmendment mannerNo. in which the school trains employees on restorative justice and progressive discipline.

374 to Assembly Bill No.

285 Page 6 (2) The manner in which the school trains employees on [restorative justice and] progressive discipline [.] 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(e) 392.472.orative“Restorative justice” has the meaning ascribed to it in (f) “Suspension” has the meaning ascribed to it in NRS 392.4607.392.472.

(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 pupilsdiscrimination maybased realizeon theirrace, fullbullying academic and personalcyber-bullying potential;hatso (2)that Trainingpupils inmay methodsrealize totheir prevent,full identifyacademic and reportpersonal incidentspotential; 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;

(4)Assembly TrainingAmendment concerningNo. the needs of pupils with disabilities and pupils with autism spectrum disorder;

374 to Assembly Bill No.

285 Page 7 (4) Training concerning the needs of pupils with disabilities and pupils with autism spectrum disorder;

(a) In accordance with NRS 392.472, establish standards for a progressive discipline plan [ofof action]action 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 hom(c)homeless Addresspupils, theunaccompanied occurrencespupils ofor thepupils suspension,in expulsionfoster or;care;

(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.

suspended2. 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.

3.[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 Assembly Amendment No.

Except374 asto otherwiseAssembly providedBill inNo. 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 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.

285 Page 8 pupil is under 18 years of age, the parent or guardian of the pupil, has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing.

The charter school shall ensure that a pupil who is suspended or expelled and is appealing - 82nd Session (2023) – 9 – 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.spublic. [3.

A3. pupil who is at least 11 years of age and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school only after the charter school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.] 4.

[AA pupil with a disability who is[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 [,] or [who is selling or distributing any controlled substance or] who is enrolledfound to be in possession of a charterdangerous schoolweapon may,as provided in accordanceNRS with392.466 themay proceduralbe policyremoved adoptedfrom by the governingcharter bodyschool of[only after the charter school forhas suchmade mattersa andreasonable onlyeffort afterto thecomplete governinga bodyplan orof itsaction designeebased hason reviewedrestorative justice with the circumstancespupil in accordance with the provisions of NRS 392.466 and determined392.467.] thatimmediately upon being given an explanation of the actionreasons isfor inthe complianceremoval withof the Individualspupil withand Disabilitiespending Educationproceedings, Act,which 20must U.S.C.be conducted as soon as practicable after removal, for his or her suspension or expulsion.

4.

Any pupil who sells or distributes any controlled substance while on the premises of any charter school, at an activity sponsored by a charter school or on any charter school bus 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 charter school.

(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.] A6. 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:

Assembly Amendment No.

374 to Assembly Bill No.

285 Page 9 (a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.

[6.] 5.7.

[7.] 6.8.

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

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

[If] AExcept pupilas enrolledotherwise provided in asubsection university3, schoolif forsuspension profoundlyor giftedexpulsion pupilsof shalla onlypupil beis suspendedused oras expelleda inpunishment for a mannerviolation consistentof withthe rules, the requirementsuniversity school for profoundly gifted pupils shall ensure that, before the suspension or expulsionexpulsion, ofthe a pupil enrolledhas inbeen agiven publicnotice schoolof withinthe acharges schoolagainst districthim asor sether, forthan inexplanation NRSof 392.4601the toevidence 392.472,and inclusive.an opportunity for a hearing.

3.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.

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 who[who is at least 11 years of age andand] who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process,process who[,] or [who is selling or distributing any controlled substance oror] who is found to be in possession of a -dangerous 82ndweapon Sessionas (2023)provided –in 11NRS –392.466 onlymay afterbe removed [only after] from the university school for profoundly gifted pupils has[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.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 or expulsion.

[A4. 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 Assembly Amendment No.

374 to Assembly Bill No.

285 Page 10 sponsored by a university school for 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.

5.](c) APermanently copyexpelled offrom theschool rulespursuant of behavior, prescribed punishments and procedures to bethis followedsection. 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.] 5.7.

[7.] 6.8.

(a) “Expel” or “expulsion” has the meaning ascribed to it in NRS(b)NRS [“Permanently392.4603. 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) 82nd“Pupil 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 392.4607.388.417.

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

Assembly Amendment No.

374 to Assembly Bill No.

285 Page 11 Sec.

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

Such data must include, without limitation, the number of expulsions and suspensions of pupils [and] , the numberimplementation 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 eachthe plan,plan and the number of placements of pupils in another schoolschool. [.] 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 participationon-site ofreview 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 pupilsdisciplinary whodecisions. are enrolled in the public school or schools within the school district [.] , as applicable.

-The 82ndplan Sessionmust: (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 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 for]for Prescribethe methodstemporary removal of alternativea conflictpupil resolutionfrom anda interventionsclassroom basedor onother socialpremises andof emotionala learningpublic thatschool arein developedaccordance towith avoidNRS the392.4645. need for the removal of a pupil.

[(f)] (e) IncludeProvide provisionsfor thatthe authorizeplacement theof temporarya removalpupil ofin accordancea with]different pursuantschool towithin the school district in accordance with NRS 392.4645.392.466.

of[(g)] a public school [in (f) ProvideInclude for the placementnames of aany pupilmembers inof a morecommittee restrictiveto educationalreview environment at that school or at a different public school or school within the schooltemporary districtalternative ,placement asof applicable,pupils inrequired accordanceby with NRS 392.466.392.4647.

(g)[(h) IncludeBe in accordance with the namesstatewide offramework anyfor membersrestorative ofjustice adeveloped committeepursuant to reviewNRS 388.1333, including, without limitation, by addressing the temporaryoccurrences alternativeof placementthe suspension, expulsion or removal of pupils requiredfrom byschool that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 392.4647.385A.250.] [(i)] (g) Be posted on the Internet website maintained by the school district.

(h) [BeBe in accordance with thea statewideplan framework for restorative justice developed pursuant to NRSuse 388.1333,disciplinary including,practices withoutbased limitation,on byrestorative addressingjustice thedeveloped occurrencespursuant of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 22. of NRS 385A.250.

(i)]Assembly BeAmendment providedNo. to each school over which the board of website maintained by the public school .

[district.]n374 the Internet (i) Be in accordance with a plan to useAssembly disciplinaryBill practicesNo. based on restorative justice developed pursuant to subsection 2, if applicable.

285 Page 12 2.

The board of trustees of a school district [may,] 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;

(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 schoolschool; [;] and, if applicable, the organizational team established pursuant to NRS 388G.700;

and (c) Based upon the review, recommend to the board of trustees universityof the school fordistrict 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 schoolschool, [,] and, if applicable,necessary; the organizational team established pursuant to NRS 388G.700, if necessary .

[;

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

On or before SeptemberNovember 3015 of each year, the board of trustees of each school district andshall: 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.

5.(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;

Notand more(b) thanPost 14a dayscopy afterof the receiptreport ofon athe planInternet establishedwebsite pursuantmaintained toby subsection 1 or a revised plan issued pursuant to subsection 4, the principal of each school shall:district.

(a)[4.] Post5. a copy of the plan or the revised plan on the Internet website maintained by the school;

andAs (b)used Distributein tothis eachsection, teacher,“restorative schooljustice” administrator,has schoolthe counselors,meaning schoolascribed social workers, school psychologists, behavior analysts, and all educational support personnel who are employed at or assigned to theit schoolin and,NRS if392.472. 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.

[ExceptExcept as otherwise provided in subsection 5, the plan established pursuant to NRS 392.4644 must provide for the temporary removal of a]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 seriously interferes with the ability of the teacher to teach the other pupils in the classroom and with the ability ofAssembly theAmendment otherNo. pupils to learn or with the ability of the staff member to discharge his or her duties.

[The374 plan must provide that, upon] Upon the removal of a pupil from a classroom or any other premises of a public school pursuant to thisAssembly section,Bill theNo. principal of the school shall provide [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.

285 Page 13 of the other pupils to learn or with the ability of the staff member to discharge his or her duties.

The plan must provide that, upon the removal of a pupil from a classroom or any other premises of a public school pursuant to this section, the principal of the school shall provide an explanation of the reason for the removal of the pupil to the pupil and offer the pupil an opportunity to respond to the explanation.

Except as otherwise provided in subsection 3, a pupil who is removed from a classroom or any other premises of a public school -pursuant 82ndto Sessionthis (2023)section –may 17be –assigned placement pursuant to which the pupil:ed to a temporary alternative (a)placement Ispursuant separated, to which the extentpupil: 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, inc4.sivAinclusive, publicdo schoolnot mustapply , 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 publicpupil. 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:

[Before]Before Aremoving plana developedpupil byfrom a classroom or any other premises of a public school pursuant to subsectionthis 4section for more than 1 school day, the principal of the school must include: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.

to a pupil in an in-person setting;ucation and support services (b) The location where such services will be provided to the pupil;

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

6.

Each public school shall, on or before August 1 of each year, submit 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.

[6.]6. 8.

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

9.7.

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:

-Assembly 82ndAmendment SessionNo. (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;

of374 behavior pursuant to subsectionAssembly 5Bill andNo. the pupil has not plan [entered] made efforts to enter into [and participated] or participate in such a plan of behavior ;

[pursuant285 Page 14 (a) The pupil has threatened or extorted, or attempted to subsectionthreaten 6;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;

and](b) (c) The [behavior] homelessness of the pupil washas not [causedentered byinto homelessness,]and aparticipated factor in hisa orplan herof behavior,behavior aspursuant determinedto insubsection consultation6; 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 orof athe contactpupil personwas atnot acaused school,by including,homelessness, withoutas limitation,determined ain schoolconsultation counselorwith orthe schoollocal socialeducational workeragency [.]liaison ;for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C.

and§§ (d)11301 Theet placementseq., in foster care of the pupil was not a factor in his or her behavior, as determined in consultation with a contact person at thea school, including, without limitation, a school counselor or school social worker.

[AA 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.

UponAt suchleast one teacher of a pupil who madeis theenrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request tothat reviewthe principal of the pupil’sschool recorddeem ofa discipline.pupil a habitual disciplinary problem.

If,Upon aftersuch thea review,request, the principal of the school determinesshall thatmeet thewith provisionseach of subsection 1 do not apply to the pupil, a teacher who submittedmade athe request pursuant to thisreview subsection may appeal that determination to the [boardpupil’s ofrecord trustees] superintendent of thediscipline. school district [.] or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable.

UponIf, receiptafter ofthe suchreview, a request, the [boardprincipal of trustees]the superintendentschool ordetermines administrativethat headthe shallprovisions reviewof thesubsection initial1 requestdo andnot determinationapply pursuant to the procedurepupil, establisheda byteacher thewho boardsubmitted ofa trusteesrequest ofpursuant theto schoolthis districtsubsection ormay theappeal governingthat bodydetermination ofto the charter[board schoolof ortrustees] universitysuperintendent schoolof forthe profoundlyschool gifteddistrict pupils,[.] asor applicable,his foror suchher matters.designee.

[4.]Upon 3.receipt 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.

If4. 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;

(b)If Ana explanationpupil thatis ifsuspended, the pupilschool receivesin fivewhich significant suspensions on his or her record during the currentpupil schoolis yearenrolled andshall hasprovide notwritten enterednotice intoto andthe participatedparent inor alegal planguardian of behaviorthe pursuantpupil toor, subsectionif [6,] 5, the pupil willis bean deemedunaccompanied apupil, habitualthe disciplinarypupil problem;that contains:

(c)(a) AnA explanationdescription that,of pursuantthe toact subsectioncommitted [5]by 8the of NRS 392.466, a pupil whoand isthe deemeddate aon habitualwhich disciplinarythe problemact maywas be:committed;

(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] 129 of NRS 392.466, including, without limitation, that theif pupil’sit behavior is notdetermined a manifestation of the pupil’s disability, he or she may be suspended or expelled from school in theaccordance samewith manner20 asU.S.C. a pupil without a disability;

and§ (e)1415 Athat summarythe pupil’s behavior is not a manifestation of the provisionspupil’s ofdisability, subsectionhe [6.]or 5.she may be suspended or expelled from school in the same manner as a pupil without a disability;

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

A5. 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.

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

If374 theto parentAssembly orBill legalNo. guardian of school shall inform the parent or legal guardian or the pupil of the consequences of not participating in the plan of behavior.

285 Page 15 pupil is an unaccompanied pupil, the pupil may choose for the pupil not to participate in the plan of behavior.

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.

-(1) 82ndExpelled Sessionor (2023)suspended –from 21a –public school, including, without limitation, a charter school;

orpublicor 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 thehis administrative head of the charter school or universityher schooldesignee 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 thehis administrative head of the charter school or universityher schooldesignee for profoundly gifted pupils, as applicable, shall establishedreview by the boarddetermination ofin trusteesaccordance ofwith the schoolprocedure districtestablished orby the governingboard body of thetrustees charter school or university school for profoundly gifted pupils, as applicable, for such matters.

[10.]10. 9.

(a) “Foster“Significant care”suspension” hasmeans the meaningschool ascribedin towhich itthe inpupil 45is C.F.R.enrolled:

§(1) 1355.20.Prohibits the pupil from attending school for 3 or more consecutive days;

(b)and “Significant(2) suspension”Requires meansa conference or some other form of communication with the schoolparent inor whichlegal guardian of the pupil before the pupil is enrolled:allowed to return to school.

-(b) 82nd“Unaccompanied Sessionpupil” (2023)has –the 22meaning –ascribed (1)to Prohibits the pupilterm from“unaccompanied attendingyouth” schoolin for42 3U.S.C. 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 [commitscommits a battery which results in the bodily injury of an employee of the school or who]who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus [and who is at least 11 years of age] shall meet with the school and his or her parent or legal guardian.

The school shall [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 unaccompaniedAssembly pupil,Amendment theNo. pupil.

374 to Assembly Bill No.

285 Page 16 unaccompanied pupil, the pupil.

or] A pupil who is less than 116 years of age may not be expelled or permanently expelled pursuant to this subsection.section.

(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 6e6 years of age may be suspended or expelled pursuant to this subsection,section andonly after the suspension mustor beexpulsion 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 subsection,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.

ExceptAn asemployee otherwisewho providedis ina thisvictim section,of anya pupilbattery whowhich commitsresults ain batterythe againstbodily injury of an employee of the school whilemay onappeal to the - 82nd Session (2023) – 23 – school or[the] ona anyplan schoolof busaction shallprovided meetpursuant withto thesubsection school1 andif: 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 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 posesis afound continuing danger to persons or property or an in possession of [aa firearm or]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,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:

(a)If Aa school is unable to retain a pupil whoin isthe lessschool thanpursuant 11to yearssubsection 1 for the safety of ageany mayperson or because doing so would not be expelledin orthe permanentlybest interest of the pupil, the pupil may be suspended, expelled pursuantor toplaced thisin subsection.another school.

pursuantIf toa thispupil subsectionis onlyplaced afterin another school, the suspensioncurrent isschool reviewedof andthe approvedpupil byshall theexplain superintendentwhat ofservices thewill schoolbe districtprovided orto the administrativepupil headat of the charternew school orthat universitythe current school foris profoundlyunable giftedto pupils,provide asto applicable,address orthe hisspecific orneeds herand designee.behaviors of the pupil.

(c)The Forschool adistrict pupilof withthe acurrent disabilityschool whoof hasthe beenpupil suspendedshall orcoordinate expelledwith pursuantthe new school to thiscreate subsection,a theplan publicof schoolaction inbased whichon restorative justice for the pupil isand enrolledto shallensure makethat availableany toresources therequired pupilto aexecute freethe appropriateplan publicof educationaction inbased complianceon withrestorative thejustice Individualsare withavailable Disabilitiesat Educationthe Act,new 20school. U.S.C.

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

expelledExcept afteras theotherwise 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 6.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:

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:

or (b)Assembly ExpelledAmendment fromNo. the school under extraordinary circumstances as determined by the principal of the school.

[6.]374 9.to Assembly Bill No.

285 Page 17 (b) Expelled from the school under extraordinary circumstances as determined by the principal of the school.

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 enrollment and is accepted for enrollment in accordance with the requirements of the applicable programprogram. [.] ;

orn7. accordance with the (c) Enroll in a program of alternative education provided by the school district in which the pupil resides.

EachThe schoolsuperintendent districtof shall,schools aloneof ora throughschool adistrict partnershipmay, withfor anothergood schoolcause district,shown providein a programparticular ofcase alternativein educationthat pursuantschool todistrict, thisallow paragrapha inmodification anto in-persona settingsuspension thator allowsexpulsion eachpursuant pupilto enrolledsubsections in1 the program to receive5, educationalinclusive, servicesif insuch themodification leastis restrictiveset educationalforth environment.in writing.

[7.]The 10.superintendent shall allow such a modification if the superintendent determines that a plan of action based on restorative justice may be used successfully.

The8. 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 districtdistrict. [.

-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.] orExcept as otherwise provided in subsection 3, a pupil with a disability [who is at least 11 years of age] may, in accordance with the governingprocedural bodypolicy adopted by the board of trustees of the charterschool district for such matters and only after the board of trustees of the school district or universityits schooldesignee forhas profoundlyreviewed giftedthe pupils,circumstances asand applicable.determined 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.] 13.10.

A homeless pupil or a pupil in foster care who[who is at least 11 years of ageage] 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 [waswas caused by homelessness or being in foster care]care shall presume that homelessness or being in foster care was not a factor in the behavior [waswas caused by homelessness or being in foster care]care unless the person determines [thatthat the behavior was not caused by homelessness or being in foster care]care otherwise pursuant to this subsection.

A determination that homelessness was not a factor in the behavior [waswas not caused by homelessness]homelessness must be made in - 82nd Session (2023) – 28 – 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 fostercounselor 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 counselorsocial ofworker. the pupil.

[12.]A 14.determination that Assembly Amendment No.

374 to Assembly Bill No.

285 Page 18 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.] 15.12.

(b) “Bodily“Dangerous injury”weapon” meansincludes, anywithout actuallimitation, damagea blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or injurydagger, toa nunchaku or trefoil, as defined in NRS 202.350, a personbutterfly thatknife interferesor withany other knife described in NRS 202.350, a switchblade knife as defined in NRS 202.265, or any other object which is detrimentalused, or threatened to thebe healthused, ofin thesuch persona manner and isunder moresuch thancircumstances merelyas accidental,to transientpose a threat of, or triflingcause, inbodily nature.injury to a person.

(c) “Dangerous“Firearm” weapon” includes, without limitation, aany blackjack,pistol, slungshot,revolver, billy,shotgun, sand-club,explosive sandbag,substance metal knuckles, dirk or dagger,device, aand nunchaku or trefoil, as defined in NRS 202.350, a butterfly knife or any other knifeitem describedincluded inwithin NRSthe 202.350,definition of a switchblade“firearm” knife as defined in NRS18 202.265,U.S.C. 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) 82ndWith Sessionthe (2023)possibility –of 29enrolling –in a program or public school for alternative education for pupils who are expelled orblicor 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.] 16.13.

392.467Sec. 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 .

[within8. 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.

InNRS extraordinary392.467 circumstances,is ahereby schoolamended may request an exception to theread 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.follows:

may392.467 be1. 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 Assembly Amendment No.

374 to Assembly Bill No.

285 Page 19 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 theits governingdesignee bodyshall ofnot aauthorize charterthe schoolexpulsion, orsuspension university school for profoundly gifted pupils, as applicable, or itsremoval designeeof shallany notpupil from the public school system solely for offenses related to attendance or because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.

A pupil 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 who[who is at least 11 years of ageage] 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 [waswas caused by - 82nd Session (2023) – 31 – homelessness or being in foster care wasshall notpresume athat factor in the behavior [waswas caused by homelessness or being in foster care]care unless the person determines [thatthat the behavior was not caused by homelessness or being in foster care]care otherwise pursuant to this subsection.

A determination that homelessness was not a factor in the behavior [waswas not caused by homelessness]homelessness 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 [waswas not caused by being in foster care]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.

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

§ (b)1355.20. “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.

(1)Assembly ExceptAmendment asNo. 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;

374 to Assembly Bill No.

285 Page 20 (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;

Except as otherwise provided in NRS 392.466 , [and to the extent practicable,] a public school shall [may] provide a [before]progressive :e discipline plan [of action] based on restorative justice (a)[before] 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;

and(a) (b)To Within 2 days after removing a pupil , including, without limitation, a pupil who ishas lessreceived thanat 11least years5 ofcumulative age,days from a classroom or other premises of thesuspension publicduring school or suspending or expelling a pupil from school [.]year; for a period of at least 3 days.

Suchand (b) Within 2 days after removing a planpupil mustfrom includea informationclassroom concerningor theother provisionpremises of -the 82ndpublic Sessionschool (2023)or –suspending 32or –expelling toa subsectionpupil 4from ofschool NRS[.] 392.4645.duringfor hisa orperiod herof removalat pursuantleast 2.3 days.

TheSuch Departmenta shallplan developmust oneinclude orinformation moreconcerning examplesthe provision of aeducation progressiveservices disciplineto planthe [ofpupil action]during basedhis onor restorativeher justiceremoval whichpursuant [may]to mustsubsection include,4 withoutof limitation:NRS 392.4645.

2.

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

[and] designee(f) andA anyconference otherwith appropriatethe personnelprincipal [.]of ;olthe school or his or her (g)designee Aand determinationany ofother theappropriate needpersonnel for[.] a; referral to a school social worker;

(h)(g) GuidelinesA fordetermination the provision of noticethe toneed for a pupilreferral to initiatea hisschool orsocial herworker; reinstatement;

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

section(b) and[A NRStimeline 392.462for byimplementation aof publicthe school;e requirements of this (c)]section One or more models of restorative justice and bestNRS practices392.462 relatingby toa restorativepublic justice;school;

(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 [ofof action]action based on restorative justice developed pursuant to subsection 2.

A progressive discipline plan based on restorative justice developed pursuant to this section shall be made available to any teacher or appropriate personnel of the school district whotowho any administers temporary alternative placement after the removal of a pupil.

5.Assembly Amendment No.

As374 usedto inAssembly thisBill section:No.

285 Page 21 5.

[4.] As used in this section:

This [act] section becomes effective upon passage and approval.

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

~~~~~ 23 - 82nd Session (2023)