SB 396 — Makes various changes relating to education. (BDR 34-912)

trustees of each school district, the governing body of each charter school and all(3) administrators and teachers have a dutyplan to createdemonstrate andthat providethe acommittee safehas andmade respectfulcertain learningindividualized environmentconsiderations forconcerning allpupils pupils.with disabilities.

(NRSUnder 388.1321)existing Sectionlaw, 6the Legislature declares that members of thisthe billboard additionallyof requirestrustees aof safeeach andschool respectfuldistrict, learningthe environmentgoverning tobody beof providedeach forcharter school and all staffadministrators membersand ofteachers have a school.duty to create and provide a safe and respectful learning environment for all pupils.

THE(NRS PEOPLE388.1321) OFSection THE6 STATEof OFthis NEVADA,bill REPRESENTEDadditionally INrequires: SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(1) a safe and respectful learning environment to be provided predictable threats of bodily injury to all staff members and pupils.free of Existing law authorizes the suspension or expulsion of a pupil with a disability who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is found in possession of a dangerous weapon other than a firearm while in certain locations or at certain events.

(NRS 392.466) Section 13.5 of this bill provides that, before suspending or expelling such a pupil, an administrator is required to meet with the individualized education program team for the pupil and determine whether the behavior is a manifestation of the disability of the pupil.

and the governing body of each charter school to, on or before July 1, 2027, submit a report to certain entities that includes information concerning the implementation of the provisions of this bill.

- *SB396_R1* – 4 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

The Department shall establish a program to provide professional development regarding evidence-based instruction in foundational literacy, structured literacy and supplemental reading support to each instructional aide, paraprofessional, member of support staff, administrator and teacher, including, without limitation, each library media specialist and each person with an endorsement to teach a program of bilingual education or pupils whowith have disabilities.

(a) For a person who serves pupils enrolled in preschool or kindergarten or grades 1, 2 or 3, training on:

- *SB396* – 4 – (1) Orthography;

(4) Reading fluency;fluency, including, without limitation, reading orally;

(1)(2) TheAdvanced neurobiologyword ofstudy;reading; reading;

(2) Advanced word study;

(c) For an administrator, training on designing and implementing high-quality and evidence-based literacy instruction focused on the science of reading for pupils enrolled in preschool, kindergarten and grades 1 to 6, inclusive;

and (d) For each person described in subsection 1, at least 20 hours of professional development, provided at no cost to the person during each school year, on the universal literacy screening administered pursuant to NRS 388.439 and 388.441 and interventions, accommodations, structured literacy and the use of - *SB396_R1* – 5 – technology for pupils with reading disabilities, including, without limitation, dyslexia.

The Department shall establish:establish and provide training and resources for the implementation of:

and (b) A program to provide professional developmentdevelopment, at no cost, to each teacherperson anddescribed administratorin subsection 2 regarding the framework established pursuant to paragraph (a).(a) and methods of intervention for pupils with disabilities, including, without limitation, pupils with dyslexia or pupils with a disability that affects the reading abilities of the pupil.

4.

The framework established pursuant to paragraph (a) of subsection 3 must include, without limitation:

(a) A problem-solving model that is based on data;

(b) Frequent assessment of pupils using the universal literacy screening administered pursuant to NRS 388.439 and 388.441;

and (c) A continuum of layered supports that are evidence-based.

5.

As used in this section, “science of reading” means a method of using interdisciplinary research to understand best practices for providing literacy instruction.

and - *SB396* – 5 – 4.

Longitudinal data on the academic growth of the pupils described in subsection 3,3 and pupils who did not receive services after being administered the universal literacy screening pursuant to NRS 388.441, reported separately by the grade level of the pupil.

- *SB396_R1* – 6 – (a) Assign a teacher to a special education classroom unless the teacher holds a license to teach special education.

(b) Reassign a teacher,teacher who holds a license to teach special education, paraprofessional or instructional aide from his or her assignment to a special education classroom to serve as a substitute teacher in a general education classroom.

A pupil shall only be placed in a special education classroom after the individualized education program team for a pupil has, to the maximum extent appropriate, provided for the placement of the pupil in the least restrictive environment.

3.

A special education classroom may provide instruction to a pupil in the class to the extent that the individualized education program for the pupil authorizes such instruction.

A special education classroom:

(a) Shall have a teacher assigned to the classroom who holds the appropriate endorsement issued pursuant to chapter 391 to teach pupils with the specific disabilities exhibited;

(b) Shall, for pupils with specific learning disabilities and speech and language impairments, be tailored toward instruction and intervention for such disabilities;

(c) Have pupils placed into specific classrooms for moderate or severe intellectual disabilities based on the needs of the pupil;

(d) Shall not have a difference of more than 3 years between the age of the oldest pupil assigned to the classroom and the youngest pupil assigned to the classroom;

and (e) Shall not contain only pupils enrolled in kindergarten.

4.

(d) EightNine pupils with emotional disturbances;

(e) Twelve pupils with mild cognitiveintellectual disabilities;

(f) Ten pupils with moderate cognitiveintellectual disabilities;

(g) Three pupils with severe cognitiveintellectual disabilities;

(h) Ten pupils with mild or moderate intellectualspeech disabilities;and language impairments;

(i) Eight pupils with severe intellectualspeech disabilities;and language impairments;

3.- *SB396_R1* – 7 – 5.

A special education classroom that does have a paraprofessional or instructional aide assigned to the classroom must containmaintain a ratio of not more than:than three pupils with:

(a) TwelveAutism pupilsspectrum withdisorder hearingfor impairments,each including,paraprofessional withoutor limitation,instructional deafness;aide;

and (b) TwelveSevere pupilsintellectual withdisabilities visualfor impairments,each including,paraprofessional withoutor limitation,instructional blindness;aide.

(c) If one paraprofessional or instructional aide is assigned to the classroom, six pupils with autism spectrum disorder;

(d) If at least two paraprofessionals or instructional aides are assigned to the classroom, nine pupils with autism spectrum disorder;

(e) Ten pupils with emotional disturbances;

(f) Sixteen pupils with mild cognitive disabilities;

(g) Thirteen pupils with moderate cognitive disabilities;

(h) If one paraprofessional or instructional aide is assigned to the classroom, six pupils with severe cognitive disabilities;

(i) If at least two paraprofessionals or instructional aides are assigned to the classroom, nine pupils with severe cognitive disabilities;

- *SB396* – 6 – (j) Sixteen pupils with mild or moderate intellectual disabilities;

(k) Twelve pupils with severe intellectual disabilities;

(l) Twelve pupils with multiple disabilities;

(m) If one paraprofessional or instructional aide is assigned to the classroom, eight pupils with developmental delays;

or (n) If at least two paraprofessionals or instructional aides are assigned to the classroom, 12 pupils with developmental delays.

4.

A program to provide supplemental instruction to pupils with disabilities:

(a) In a general education classroom must contain not more than:

(1) If the instruction is provided to pupils enrolled in preschool or elementary school and no paraprofessional or instructional aide is present, eight pupils;

or (2) If the instruction is provided to pupils enrolled in secondary school and no paraprofessional or instructional aide is present, 10 pupils;

(b) In a pull-out program that is provided in one subject area must contain not more than:

(1) If the instruction is provided to pupils enrolled in preschool or elementary school and:

(I) No paraprofessional or instructional aide is present, six pupils;

or (II) A paraprofessional or instructional aide is present, nine pupils;

or (2) If the instruction is provided to pupils enrolled in secondary school and:

(I) No paraprofessional or instructional aide is present, nine pupils;

or (II) A paraprofessional or instructional aide is present, 12 pupils;

and (c) In a pull-out program that is provided in at least two subject areas must contain not more than:

(1) If the instruction is provided to pupils enrolled in preschool or elementary school and:

(I) No paraprofessional or instructional aide is present, six pupils;

or (II) A paraprofessional or instructional aide is present, nine pupils;

or (2) If the instruction is provided to pupils enrolled in secondary school and:

(I) No paraprofessional or instructional aide is present, six pupils;

or - *SB396* – 7 – (II) A paraprofessional or instructional aide is present, nine pupils.

5.

A special education classroom must not have a difference of more than 4 years between the age of the oldest pupil assigned to the classroom and the youngest pupil assigned to the classroom.

A special education classroom shall have at least two instructional aides assigned to the classroom when the classroom contains:

(a) For a special education classroom for pupils enrolled in a secondary school, more than six pupils.

(b) For a special education classroom for pupils enrolled in preschool, more than eight pupils.

7.

In a classroom in a secondary school in which a pull-out program is provided to multiple pupils with disabilities by a teacher using a general education curriculum adapted for instruction of pupils with disabilities, the classroom must contain:

(a) If an instructional aide is not present, 12 pupils;

and (b) If an instructional aide is present, 16 pupils.

8.

(b) “Pull-out program” means a program to provide individualized instruction in at least one subject area to a pupil with a disability by relocating the pupil from a general education classroom during instruction in that subject area.

(c) “Special education classroom” means a classroom that is primarily tailored for the instruction of pupils with disabilities.disabilities and contains pupils who have similar educational, behavioral and other needs, in accordance with the individualized education programs of such pupils.

When developing an individualized education program for a pupil with a disability, including, without limitation, autism spectrum disorder, who is subject to a regression in his or her ability to learn because of frequent changes in the location in which special education services are provided, the individualized education program team must consider, without limitation, the - *SB396_R1* – 8 – consistency of the location in which special education services are provided when determining the placement of the pupil.pupil within the public school.

The Legislature hereby declares that the members of a governing body and all administrators and teachers have a duty to create and provide a safe and respectful learning environment for all pupils and staff members that is free of discrimination based on race, bullying and cyber-bullying.cyber-bullying [.] and predictable threats of bodily injury.

Each emergency operations plan development committee established by the board of trustees of a school district - *SB396* – 8 – shall develop one plan, which constitutes the minimum requirements of a plan, to be used by all the public schools other than the charter schools in the school district in responding to a crisis, emergency or suicide and all other hazards.

(e) Consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of - *SB396_R1* – 9 – Emergency Management of the Office of the Military or his or her designee.

- *SB396* – 9 – (c) A procedure for enforcing discipline within a school in the school district or the charter school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency;

- *SB396_R1* – 10 – (j) A plan to coordinate with local law enforcement agencies or public safety organizations to provide active assailant trainings to each employee of the school;

and - *SB396* – 10 – (n) A consideration of the needs of pupils with disabilities in a crisis or emergency and a plan to inform local law enforcement agencies or public safety organizations responding to a crisis or emergency of the specific needs of each pupil with a disability, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.

§ 1232g.1232g;

and (o) A plan to demonstrate that the emergency operations plan development committee has considered the individual needs of each pupil with a disability within the school district who has an individualized education program or a plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

§ 794.

- *SB396_R1* – 11 – (a) “Active assailant movement techniques” means any training in the technical and tactical skills necessary for school police officers to respond to a crisis or emergency concerning an active assailant.

“Behavior intervention plan” means a structured, individualized strategyplan designed to address problematicchallenging behaviors that interfere with the ability of a pupil or his or her peers to learn.

Such a plan is based on the results of a functional behavior assessment and includes specific and proactive strategies to:

and (b) Teach and reinforce behaviors that are adaptive and socially acceptable.acceptable;

(c) Incorporate strategies for providing consequences and teaching replacement behaviors;

and (d) Collect data to monitor the behavioral progress of a pupil who has a behavior intervention plan.

- *SB396* – 11 – (a) American Sign Language;

andor (f) Self-help skills.skills, measured using appropriate diagnostic instruments and procedures.

- *SB396_R1* – 12 – 5.

Dyslexia is often unexpected in relation to other cognitive abilities and may negativelyhave impact:secondary consequences, including:

(a) The provision of effective classroom instruction;

“Dyslexia intervention” means systematic,[systematic,] structured, multisensory approaches for intervention offered[offered in an appropriate setting that is derived from evidence-based research.research.] that emphasize instruction in phonemic awareness, phonics and decoding abilities.

“Foundational literacy instruction” means an evidence- based method of reading instruction using the science of reading that may be individualized and addresses the acquisition of language, phonological and phonemic awareness, phonics and spelling, reading fluency, vocabulary, oral language skills, speech and reading comprehension.

- *SB396* – 12 – [6.] 13.

“Multi-tiered systems of support” means a three-tiered method of providing research-based instruction and intervention to a pupil with an individualized intensity that increases based on the needs of the pupil and data that is collected to measure the efficacy of tools used in each tier.

(a) For tier one, universal literacy screenings and research- based core instructional and behavioral support;methodologies, practices and supports designed for all pupils enrolled in programs of general education;

- *SB396_R1* – 13 – (b) For tier two, supplemental and targeted instruction and interventions provided, in addition to and in alignment with, effective core instruction and behavioral support, to a pupil who needs such instructionadditional andinstructional or behavioral support;

and (c) For tier three, intensive instruction and behavioral interventionssupport developed using a problem-solving model that are provided, in addition to and in alignment with, effective core instruction, to a pupil to increase his or her rate of academic progress.

“Pupil who receives early intervening services” means a person enrolled in kindergarten or grades 1 to 12, inclusive, who is - *SB396* – 13 – not a pupil with a disability but who needs additional academic and behavioral support to succeed in a regular school program.

“Reading proficiency” means the ability of a pupil to achieve a result on a universal literacy screening, diagnostic assessment, standardized assessment or other measure of monitoring the progress of the pupil that is appropriate based on his or her grade level.

- *SB396_R1* – 14 – 21.

“Response to scientific, research-based intervention” means a [collaborative] process of providing high-quality instruction and interventions by primarily using a problem-solving model which [assesses] isare matched to a pupil’s [response to scientific, research-based intervention that is matched to the needs of a pupil and that systematically monitors the level of performance and rate of] needs by using the learning rate of the pupil over time for[for the purpose of making [data-based]data-based] and the level of performance of the pupil to make instructional decisions [concerning the need of the pupil for increasingly intensified services.

“Screening“Science period” means the period of timereading” requiredmeans to administer a universalmethod literacyof screeningusing pursuantinterdisciplinary research to NRSunderstand 388.441best andpractices determinefor theproviding resultsliteracy ofinstruction. the screening.

“Specific“Screening learningperiod” disability”means [meansthe aperiod disorder in one or more of thetime basicrequired psychologicalto processesadminister involveda inuniversal understandingliteracy orscreening usingpursuant spokento orNRS written388.441 languageand whichdetermine is not primarily the resultresults of athe visual,screening. hearing or motor impairment, intellectual disability, serious emotional disturbance, or an environmental, cultural or economic disadvantage.

Such a disorder may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or perform mathematical calculations.

The term includes, without limitation, perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia.] has the meaning ascribed to it in 34 C.F.R.

§ 300.8(c)(10).

“Structured“Specific literacy”learning disability” means a structured,disorder systematic,in sequential,one direct,or explicit,more diagnostic,of prescriptivethe andbasic multisensorypsychological approachprocesses toinvolved providingin readingunderstanding instructionor tousing pupilsspoken thator breakswritten downlanguage readingwhich andis spellingnot skillsprimarily intothe individualresult components.of a visual, hearing or motor impairment, intellectual disability, serious emotional disturbance, or an environmental, cultural or economic disadvantage.

Such a disorder may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or perform mathematical calculations.

The term includes, without limitation, perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia.

“Supplemental“Structured readingliteracy” instruction” means usinga evidence-based,structured, sequential, systematic, explicitsequential, anddirect, cumulativeexplicit, methodsdiagnostic, ofprescriptive teaching phonemic awareness and processing,multisensory phonicsapproach and vocabulary skills to supportproviding thereading developmentinstruction ofto thepupils skillsthat ofbreaks adown pupil in decoding, spelling, reading fluency and comprehensionspelling so - *SB396* – 14 – that the pupil possesses such skills appropriateinto forindividual acomponents. pupil enrolled in his or her grade.

“Universal“Supplemental literacyreading screening”instruction” means using the methodscience forof gatheringreading, informationevidence-based, aboutsequential, systematic, explicit and cumulative methods of teaching phonemic awareness and processing, phonics and vocabulary skills to support the literacydevelopment of the skills of pupilsa prescribedpupil pursuantin todecoding, NRSspelling, 388.439reading fluency and administeredcomprehension pursuantso tothat NRSthe 388.441.pupil possesses such skills appropriate for a pupil enrolled in his or her grade.

27.

“Universal literacy screening” means the method for gathering information about the literacy skills of pupils to identify or predict the risk of pupils experiencing reading difficulties and inform instruction, differentiate targeted interventions, determine if additional assessments are required and evaluate the effectiveness of curricula as a measure of outcomes, as prescribed - *SB396_R1* – 15 – pursuant to NRS 388.439 and administered pursuant to NRS 388.441.

(c) Shall develop and issue guidelines to assist with developing procedures and protocols for administering universal literacy screenings pursuant to NRS 388.439.

- *SB396* – 15 – (l) Developmental delays.

The minimum standards prescribed by the State Board for pupils with hearing impairments, including, without limitation, - *SB396_R1* – 16 – deafness, pursuant to paragraph (a) of subsection 4 must comply with:

The minimum standards prescribed by the State Board for pupils with dyslexia pursuant to paragraph (i) of subsection 4 must include, without limitation,limitation standards: for instruction on [:

(a)[, Phonemic]standards phonemicfor awarenessinstruction [toon: enable a pupil to detect, segment, blend and manipulate sounds in spoken language;

(a) Phonemic awareness to enable a pupil to detect, segment, blend and manipulate sounds in spoken language;

and (e) Strategies that a pupil may use for decoding, encoding, word recognition, fluency and comprehension.] ,(a) including,Tasks withoutfor limitation:teaching phoneme segmentation and manipulation;

(a) Tasks for teaching phoneme segmentation and manipulation;

and (f) Oral reading fluency.fluency for determining areas of difficulty.

(a) The individualized education program for a pupil with an emotional disturbance, autism spectrum disorder or a developmental delay provide forfor: treatment from a behavior analyst;

-(1) *SB396*Treatment –from 16 – (b) Each public school shall require the assignment of a behavior analystanalyst; to each classroom that contains a pupil with an emotional disturbance, autism spectrum disorder or a developmental delay;

and (2) When necessary to address the behavior of a pupil, the development of a behavior intervention plan;

(b) Each public school shall:

(1) Require the assignment of a behavior analyst to each classroom that contains a pupil with severe behaviors, an - *SB396_R1* – 17 – emotional disturbance, autism spectrum disorder or a developmental delay;

and (2) Ensure that there is a ratio of at least one behavior analyst for each two classrooms containing such pupils;

- *SB396**SB396_R1* – 1718 – 3.

and[and [(f)](f)] (6) Encoding skills.skills [.] ;

(b)and Be(7) developedKnowledge using:of the alphabet;

(b) Be developed and implemented using:

The board of trustees of each school district and the governing body of each charter school shall, not later than 3020 days after administering an initial universal literacy screening to a pupil pursuant to this section,section: notify the parent or legal guardian of the pupil of the pupil’s results on the universal literacy screening.

(a) Provide a written notification to the parent or legal guardian of the pupil of the pupil’s results on the universal literacy screening.

(a)(1) An identification of the results of the pupil on the universal literacy screening and a comparison of his or her results to the typical score for a pupil enrolled in the same grade level;

and- (b)*SB396_R1* – 19 – (2) Information concerning services available to the pupil based on his or her results on the universal literacy screening, including, without limitation:

-(I) *SB396* – 18 – (1) Multi-tiered systems of support for dyslexia intervention;

(2)(II) Foundational literacy instruction, structured literacy and supplemental reading instruction necessary to meeting the reading proficiency goals of the pupil;

and(III) (3) Information on resources for a pupil with dyslexia and support provided to the pupil by the school district or charter school for the parent or legal guardian of such a pupil.pupil;

and (IV) An explanation of the rights the parent or legal guardian of the pupil may assert in accordance with the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq.;

and (3) A plan for providing the parent or legal guardian of the pupil with regular updates concerning the progress of the pupil;

and (b) Begin providing a pupil who shows indicators of dyslexia or literacy levels below those typical for a pupil enrolled in the same grade level with individualized interventions, including, without limitation, structured literacy.

(a) Has indicatorsexhibited at least one indicator of a learning disability, including, without limitation, potential indicators [for] of dyslexia;

If [an early] a universal literacy screening [assessment] administered pursuant to subsection 1 confirms that a pupil has indicators for learning disabilities, including, without limitation, dyslexia, or the parent or legal guardian of the pupil or a teacher, school counselor or school psychologist employed by the school district in which the pupil is enrolled requests additional screening,screening or evaluations, the board of trustees of a school district or governing body of a charter school, as applicable, shall [address the needs of] ensure that the pupil [through the response to scientific, research-research-based based intervention system of instruction.

- *SB396_R1* – 20 – 3.

If the response to scientific, research-based intervention system of instruction determines that a pupil needs] receives additional screening or evaluations in order to determine whether the pupil has a specific learning disability, including, without limitation, dyslexia .

[:][: If it is necessary for a pupil to receive additional screening:

and (b) The board of trustees of the school district or the governing body of the charter school, as applicable, shall perform a comprehensive evaluation for the pupil in addition to the required response to scientific, research-based intervention system of instruction.instruction.] 3.

3.A universal literacy screening administered pursuant to subsection 1, and any additional screenings or evaluations administered pursuant to subsection 2, must be administered by a teacher or staff member who has received the professional development required pursuant to paragraph (d) of subsection 2 of section 2 of this act.

A4. universal literacy screening administered pursuant to subsection 1 must be administered by a teacher or staff member who has received the professional development required pursuant to paragraph (d) of subsection 2 of section 2 of this act.

- *SB396* – 19 – 4.

An administrator that participates in a meeting pursuant to this subsection must disseminate the results and data to teachers assigned to the school or charter school to which the administrator is assigned, as applicable, for the purpose of providing guidance in planning and providing appropriate instruction and evidence-based interventions to pupils based on the results of each pupil on the - *SB396_R1* – 21 – universal literacy screening and any additional screening conducted pursuant to subsection 2.

6.

The board of trustees of a school district or governing body of a charter school shall not administer the universal literacy screening pursuant to this section for the purpose of delaying the referral of a pupil for special education services.

Any existing evaluation data on the pupil, including, without limitation, evaluations and related information provided by the parent or legal guardian of the pupil, as required pursuant to the Individuals with Disabilities Education Act, 20 U.S.C.

- *SB396* – 20 – 6.

The provision of an appropriate and specializedevidence-based approach for the instruction of pupils with dyslexia that is provided by a teacher who holds an endorsement to teach pupils with disabilities.

and - *SB396_R1* – 22 – 7.

The Superintendent of Public Instruction shall provide the names of the three hearing officers selected pursuant to subsection 2 to the complainant and request the complainant to return to the Superintendent a list which places the three names in the order of - *SB396* – 21 – preference of the complainant.

Before arranging an expedited due process hearing, the board of trustees of the school district or governing body of the charter school must provide the complainant with information on free or low-cost legal services available to the - *SB396_R1* – 23 – complainant.

(c) Possess the knowledge of and ability to conduct a hearing and render and write a determination in accordance with appropriate and standard legal practices;

and - *SB396* – 22 – (d) Be impartial and possess no personal, pecuniary or professional interest in the dispute submitted for an appeal pursuant to this subsection.

The Officer must, subject to his or her own determination or the good faith application of a party to the dispute submitted for an appeal pursuant to thissubsection subsection,6 recuse himself or herself from the matter and notify the Department of the recusal if the Officer:

- *SB396_R1* – 24 – 8.

or - *SB396* – 23 – (d) The participation of the pupil in any graduation ceremonies.

and (d) When the equities and interests of the parties are balanced, requestedthe reliefpetitioner iswill notsuffer granted.ergreater harm than the respondent if the 12.requested relief is not granted.

12.

- *SB396_R1* – 25 – (c) “Manifestation determination” means a determination of whether the conduct of a pupil is a manifestation of his or her disability made pursuant to 34 C.F.R.

13.5.

NRS 392.466 is hereby amended to read as follows:

392.466 1.

Except as otherwise provided in this section, any pupil 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 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 may be suspended, expelled or permanently expelled from the school, except that:

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

(b) A pupil who is less than 6 years of age may be suspended 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 school day the pupil is suspended or expelled after the pupil has been removed for 10 cumulative days.

2.

Except as otherwise provided in this section, any pupil who commits a battery against 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 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.

- *SB396_R1* – 26 – (c) For a pupil with a disability who has been suspended or expelled pursuant to this subsection, the school in which the pupil is enrolled shall make available to the pupil a free appropriate public education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

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

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 must 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 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.

4.

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

(a) The employee feels any actions taken pursuant to such plan are inappropriate;

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.

§§ 1400 et seq.

5.

Except as otherwise provided in this section, any pupil, including, without limitation, a pupil with a disability, who poses a - *SB396_R1* – 27 – continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is found in possession of a dangerous weapon other than a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus may be removed from the public school immediately upon being given an explanation of the reasons for the removal of the pupil and pending proceedings, which must be conducted as soon as practicable after removal, for his or her suspension, expulsion or permanent expulsion, except that:

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

(b) A pupil who is less than 6 years of age may be suspended pursuant to this subsection only after the suspension 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, the public school in which the pupil is enrolled shall make available to the pupil a free appropriate public education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

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

(d) Before a pupil with a disability is suspended or expelled pursuant to this subsection, an administrator shall meet with the individualized education program team for the pupil and determine, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C.

§ 1415, that the behavior of the pupil is not a manifestation of his or her disability.

6.

Except as otherwise provided in this section, any pupil, including, without limitation, a pupil with a disability, who is found in possession of a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must be removed from the public school 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.

- *SB396_R1* – 28 – (d) Less than 6 years of age may be suspended pursuant to this subsection only after the suspension 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.

(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 subsections 1 to 6, inclusive, for the safety of any person or because doing so would not be in the best interest of the pupil, the pupil may be suspended, expelled or placed in another school.

If a pupil, including, without limitation, a pupil who is less than 11 years of age, is placed in another school, the current school 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 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.

8.

Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655 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:

(a) Suspended from the school;

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

9.

If the pupil is expelled, or the period of the pupil’s suspension is for one school semester, the pupil must:

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

(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;

or - *SB396_R1* – 29 – (c) Enroll in a program of alternative education provided by the school district in which the pupil resides.

Each school district shall, alone or through a partnership with another school district, provide a program of alternative education pursuant to this paragraph in an in- person setting that allows each pupil enrolled in the program to receive educational services in the least restrictive educational environment.

10.

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 8, inclusive, if such modification is set forth in writing.

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

11.

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

A principal may grant such approval only in accordance with the policies or regulations 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.

12.

Except as otherwise provided in subsection 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 applicable, for such matters and only after the board of trustees of the school district or governing body, as applicable, or its designee has reviewed the circumstances with the individualized education program team for the pupil and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq., be:

(a) Suspended from school pursuant to this section for not more than 10 days.

Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

(b) Expelled from school pursuant to this section.

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

13.

A homeless pupil or a pupil in foster care may be suspended from school pursuant to this section for not more than 5 days if, following a review of all available information, the principal - *SB396_R1* – 30 – determines that the conduct of the pupil poses an ongoing threat to the pupil or other persons at the school and if a determination is made that homelessness or being in foster care was not a factor in the behavior that led to the consideration for suspension or expulsion.

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

A determination that homelessness was not a factor in the behavior 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.

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

A determination that being in foster care was not a factor in the behavior 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.

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

15.

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

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

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

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

16.

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

Such hearings or proceedings must be closed to the public.

17.

As used in this section:

(a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

(b) “Bodily injury” means any actual damage or injury to a person that interferes with or is detrimental to the health of the person and is more than merely accidental, transient or trifling in nature.

- *SB396_R1* – 31 – (c) “Dangerous weapon” includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, a switchblade knife as defined in NRS 202.265, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

(d) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C.

§ 921, as that section existed on July 1, 1995.

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

§ 1355.20.

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

§ 11434a(2).

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

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

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

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

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

§ 11434a(6).

18.

The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456.

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

Sec.

13.7.

The board of trustees of each school district and the governing body of each charter school shall, on or before July 1, 2027, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Education describing:

- *SB396_R1* – 32 – applicable, for implementing the provisions of this act;, as 2.

Any fiscal, staffing, logistical or other challenges that the school district or charter school reasonably expects to encounter that may impede implementation of the provisions of this act;

and 3.

Any progress the school district or charter school has made towards implementing the provisions of this act.

Sec.

14.

This1. act becomes effective on July 1, 2025.

HThis -section *SB396*and sections 13 to 14, inclusive, of this act become effective on July 1, 2025.

2.

Sections 1 to 12, inclusive, of this act become effective on July 1, 2027.

H - *SB396_R1*