S.B. 177
- *SB177*
SENATE BILL NO. 177–SENATOR OHRENSCHALL
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Education
SUMMARY—Revises provisions relating to education.
(BDR 34-942)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to education; revising the requirement for the
principal of a school to consult with certain persons
before determining that a homeless pupil or pupil in foster
care is a habitual disciplinary problem or suspending or
expelling such a pupil; revising certain presumptions used
when determining whether homelessness or placement in
foster care is a factor in the behavior of certain pupils; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes the process for the principal of a school to determine 1
that a pupil who is 11 years of age or older and enrolled in the school is a habitual 2
disciplinary problem. (NRS 392.4655) Under existing law, if a pupil who is 11 3
years of age or older is deemed a habitual disciplinary problem and the school has 4
made a reasonable effort to complete a plan of action based on restorative justice 5
with the pupil, the principal is generally authorized to suspend the pupil, or under 6
extraordinary circumstances, expel the pupil from the school. (NRS 392.466) 7
Existing law provides that before a pupil who is homeless or in foster care may be 8
determined to be a habitual disciplinary problem, the principal is required to consult 9
with certain persons. (NRS 392.4655) Section 1 of this bill requires the principal to 10
conduct a meeting with those persons rather than consult with those persons. 11
Section 1 also requires such a meeting concerning a pupil who is in foster care to 12
additionally include the educational decision maker appointed for the pupil by a 13
court under existing law. (NRS 432B.462) 14
Existing law requires that, to suspend or expel from school a pupil who is 15
homeless or has been placed in foster care, a determination must be made, after 16
consultation with certain persons, that homelessness or being in foster care was not 17
a factor in the behavior of the pupil. Under existing law, the person responsible for 18
making such a determination is required to presume that homelessness or being in 19
foster care was not a factor in the behavior and make the determination in 20
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consultation with certain persons. (NRS 392.466, 392.467) Sections 2 and 3 of this 21
bill change the presumption used to determine whether homeless or being in foster 22
care was a factor in the behavior of the pupil by requiring the person responsible for 23
making the determination to presume that homelessness or being in foster care was 24
a factor in the behavior. Sections 2 and 3 also require: (1) the person making the 25
determining to conduct a meeting with certain persons rather than consult with 26
those persons; and (2) such a meeting concerning a pupil who is in foster care to 27
additionally include the educational decision maker appointed for the pupil by a 28
court under existing law. (NRS 432B.462) 29
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.4655 is hereby amended to read as 1
follows: 2
392.4655 1. Except as otherwise provided in this section, a 3
principal of a school shall deem a pupil who is at least 11 years of 4
age and enrolled in the school a habitual disciplinary problem if the 5
school has written evidence which documents that in 1 school year: 6
(a) The pupil has threatened or extorted, or attempted to threaten 7
or extort, another pupil or a teacher or other personnel employed by 8
the school two or more times or the pupil has a record of five 9
significant suspensions from the school for any reason; 10
(b) The school has made reasonable efforts to develop a plan of 11
behavior pursuant to subsection 5 and the pupil has not made efforts 12
to enter into or participate in such a plan of behavior; 13
(c) The homelessness of the pupil was not a factor in his or her 14
behavior, as determined [in consultation] after conducting a 15
meeting with the local educational agency liaison for homeless 16
pupils designated in accordance with the McKinney-Vento 17
Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a 18
contact person at a school, including, without limitation, a school 19
counselor or school social worker; and 20
(d) The placement in foster care of the pupil was not a factor in 21
his or her behavior, as determined [in consultation] after conducting 22
a meeting with a contact person at the school, including, without 23
limitation, a school counselor or school social worker [.] , and the 24
educational decision maker appointed for the pupil pursuant to 25
NRS 432B.462. 26
2. At least one teacher of a pupil who is enrolled in elementary 27
school and at least two teachers of a pupil who is enrolled in junior 28
high, middle school or high school may request that the principal of 29
the school deem a pupil a habitual disciplinary problem. Upon such 30
a request, the principal of the school shall meet with each teacher 31
who made the request to review the pupil’s record of discipline. If, 32
after the review, the principal of the school determines that the 33
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provisions of subsection 1 do not apply to the pupil, a teacher who 1
submitted a request pursuant to this subsection may appeal that 2
determination to the superintendent of the school district or the 3
administrative head of the charter school or university school for 4
profoundly gifted pupils, as applicable. Upon receipt of such a 5
request, the superintendent or administrative head shall review the 6
initial request and determination pursuant to the procedure 7
established by the board of trustees of the school district or the 8
governing body of the charter school or university school for 9
profoundly gifted pupils, as applicable, for such matters. 10
3. If a pupil is suspended, the school in which the pupil is 11
enrolled shall provide written notice to the parent or legal guardian 12
of the pupil or, if the pupil is an unaccompanied pupil, the pupil that 13
contains: 14
(a) A description of the act committed by the pupil and the date 15
on which the act was committed; 16
(b) An explanation that if the pupil receives five significant 17
suspensions on his or her record during the current school year and 18
has not entered into and participated in a plan of behavior pursuant 19
to subsection 5, the pupil will be deemed a habitual disciplinary 20
problem; 21
(c) An explanation that, pursuant to subsection 8 of NRS 22
392.466, a pupil who is deemed a habitual disciplinary problem may 23
be: 24
(1) Suspended from school; or 25
(2) Expelled from school under extraordinary circumstances 26
as determined by the principal of the school; 27
(d) If the pupil is a pupil with a disability, an explanation of the 28
effect of subsection 12 of NRS 392.466, including, without 29
limitation, that if it is determined in accordance with 20 U.S.C. § 30
1415 that the pupil’s behavior is not a manifestation of the pupil’s 31
disability, he or she may be suspended or expelled from school in 32
the same manner as a pupil without a disability; and 33
(e) A summary of the provisions of subsection 5. 34
4. A school shall provide the notice required by subsection 3 35
for each suspension on the record of a pupil during a school year. 36
Such notice must be provided at least 7 days before the school 37
deems the pupil a habitual disciplinary problem. 38
5. If a pupil, including, without limitation, a pupil who is less 39
than 11 years of age, is suspended, the school in which the pupil is 40
enrolled shall develop, in consultation with the pupil and the parent 41
or legal guardian of the pupil, a plan of behavior for the pupil. The 42
parent or legal guardian of the pupil or, if the pupil is an 43
unaccompanied pupil, the pupil may choose for the pupil not to 44
participate in the plan of behavior. If the parent or legal guardian of 45
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the pupil or the pupil chooses for the pupil not to participate, the 1
school shall inform the parent or legal guardian or the pupil of the 2
consequences of not participating in the plan of behavior. Such a 3
plan must be designed to prevent the pupil from being deemed a 4
habitual disciplinary problem and may include, without limitation: 5
(a) A plan for graduating if the pupil is deficient in credits and 6
not likely to graduate according to schedule. 7
(b) Information regarding schools with a mission to serve pupils 8
who have been: 9
(1) Expelled or suspended from a public school, including, 10
without limitation, a charter school; or 11
(2) Deemed to be a habitual disciplinary problem pursuant to 12
this section. 13
(c) A voluntary agreement by the parent or legal guardian to 14
attend school with his or her child. 15
(d) A voluntary agreement by the pupil and, if the pupil is not an 16
unaccompanied pupil, the pupil’s parent or legal guardian to attend 17
counseling, programs or services available in the school, school 18
district or community. 19
(e) A voluntary agreement by the pupil and, if the pupil is not an 20
unaccompanied pupil, the pupil’s parent or legal guardian that the 21
pupil will attend summer school, intersession school or school on 22
Saturday, if any of those alternatives are offered by the school or 23
school district. 24
6. If a pupil commits the same act for which notice was 25
provided pursuant to subsection 3 after he or she enters into a plan 26
of behavior pursuant to subsection 5, the pupil shall be deemed to 27
have not successfully completed the plan of behavior and may be 28
deemed a habitual disciplinary problem. 29
7. A pupil may, pursuant to the provisions of this section, enter 30
into one plan of behavior per school year. 31
8. The parent or legal guardian of a pupil or, if the pupil is an 32
unaccompanied pupil, a pupil who has entered into a plan of 33
behavior with a school pursuant to this section may appeal to the 34
superintendent of the school district or the administrative head of 35
the charter school or university school for profoundly gifted pupils, 36
as applicable, a determination made by the school concerning the 37
contents of the plan of behavior or action taken by the school 38
pursuant to the plan of behavior. Upon receipt of such a request, the 39
superintendent of the school district or the administrative head of 40
the charter school or university school for profoundly gifted pupils, 41
as applicable, shall review the determination in accordance with the 42
procedure established by the board of trustees of the school district 43
or the governing body of the charter school or university school for 44
profoundly gifted pupils, as applicable, for such matters. 45
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9. As used in this section: 1
(a) “Foster care” has the meaning ascribed to it in 45 C.F.R. § 2
1355.20. 3
(b) “Significant suspension” means the school in which the 4
pupil is enrolled: 5
(1) Prohibits the pupil from attending school for 3 or more 6
consecutive days; and 7
(2) Requires a conference or some other form of 8
communication with the parent or legal guardian of the pupil before 9
the pupil is allowed to return to school. 10
(c) “Unaccompanied pupil” has the meaning ascribed to the term 11
“unaccompanied youth” in 42 U.S.C. § 11434a(6). 12
Sec. 2. NRS 392.466 is hereby amended to read as follows: 13
392.466 1. Except as otherwise provided in this section, any 14
pupil who sells or distributes any controlled substance while on the 15
premises of any public school, at an activity sponsored by a public 16
school or on any school bus shall meet with the school and his or 17
her parent or legal guardian. The school shall provide a plan of 18
action based on restorative justice to the parent or legal guardian of 19
the pupil or, if the pupil is an unaccompanied pupil, the pupil. The 20
pupil may be suspended, expelled or permanently expelled from the 21
school, except that: 22
(a) A pupil who is less than 11 years of age may not be expelled 23
or permanently expelled pursuant to this subsection. 24
(b) A pupil who is less than 6 years of age may be suspended 25
pursuant to this subsection, and the suspension must be reviewed 26
and approved by the superintendent of the school district or the 27
administrative head of the charter school or university school for 28
profoundly gifted pupils, as applicable, or his or her designee. 29
(c) For a pupil with a disability who has been suspended or 30
expelled pursuant to this subsection, the school in which the pupil is 31
enrolled shall make available to the pupil a free appropriate public 32
education in compliance with the Individuals with Disabilities 33
Education Act, 20 U.S.C. §§ 1400 et seq., for each school day the 34
pupil is suspended or expelled after the pupil has been removed for 35
10 cumulative days. 36
2. Except as otherwise provided in this section, any pupil who 37
commits a battery against an employee of the school while on the 38
premises of any public school, at an activity sponsored by a public 39
school or on any school bus shall meet with the school and his or 40
her parent or legal guardian. The school shall provide a plan of 41
action based on restorative justice to the parent or legal guardian of 42
the pupil or, if the pupil is an unaccompanied pupil, the pupil. The 43
pupil may be suspended, expelled or permanently expelled from the 44
school, except that: 45
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(a) A pupil who is less than 8 years of age may not be expelled 1
or permanently expelled pursuant to this subsection. 2
(b) A pupil who is less than 6 years of age may be suspended 3
pursuant to this subsection, and the suspension must be reviewed 4
and approved by the superintendent of the school district or the 5
administrative head of the charter school or university school for 6
profoundly gifted pupils, as applicable, or his or her designee. 7
(c) For a pupil with a disability who has been suspended or 8
expelled pursuant to this subsection, the school in which the pupil is 9
enrolled shall make available to the pupil a free appropriate public 10
education in compliance with the Individuals with Disabilities 11
Education Act, 20 U.S.C. §§ 1400 et seq., for each school day the 12
pupil is suspended or expelled after the pupil has been removed for 13
10 cumulative days. 14
3. Except as otherwise provided in this section, any pupil who 15
commits a battery which is intended to result in the bodily injury of 16
an employee of the school while on the premises of any public 17
school, at an activity sponsored by a public school or on any school 18
bus shall meet with the school and his or her parent or legal 19
guardian. The school shall provide a plan of action based on 20
restorative justice to the parent or legal guardian of the pupil or, if 21
the pupil is an unaccompanied pupil, the pupil. The pupil must be 22
suspended, expelled or permanently expelled from the school, 23
except that: 24
(a) A pupil who is less than 8 years of age may not be expelled 25
or permanently expelled pursuant to this subsection. 26
(b) A pupil who is less than 6 years of age may be suspended 27
pursuant to this subsection, and the suspension must be reviewed 28
and approved by the superintendent of the school district or the 29
administrative head of the charter school or university school for 30
profoundly gifted pupils, as applicable, or his or her designee. 31
(c) For a pupil with a disability who has been suspended or 32
expelled pursuant to this subsection, the school in which the pupil is 33
enrolled shall make available to the pupil a free appropriate public 34
education in compliance with the Individuals with Disabilities 35
Education Act, 20 U.S.C. §§ 1400 et seq., for each school day the 36
pupil is suspended or expelled after the pupil has been removed for 37
10 cumulative days. 38
4. An employee who is a victim of a battery which is intended 39
to result in the bodily injury of an employee of the school may 40
appeal to the school a plan of action provided pursuant to subsection 41
3 if: 42
(a) The employee feels any actions taken pursuant to such plan 43
are inappropriate; and 44
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(b) For a pupil with a disability who committed the battery, the 1
board of trustees of the school district or the governing body of the 2
charter school or university school for profoundly gifted pupils, as 3
applicable, or its designee has reviewed the circumstances and 4
determined that such an appeal is in compliance with the Individuals 5
with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. 6
5. Except as otherwise provided in this section, any pupil, 7
including, without limitation, a pupil with a disability, who poses a 8
continuing danger to persons or property or an ongoing threat of 9
disrupting the academic process or who is found in possession of a 10
dangerous weapon other than a firearm while on the premises of any 11
public school, at an activity sponsored by a public school or on any 12
school bus may be removed from the public school immediately 13
upon being given an explanation of the reasons for the removal of 14
the pupil and pending proceedings, which must be conducted as 15
soon as practicable after removal, for his or her suspension, 16
expulsion or permanent expulsion, except that: 17
(a) A pupil who is less than 11 years of age may not be expelled 18
or permanently expelled pursuant to this subsection. 19
(b) A pupil who is less than 6 years of age may be suspended 20
pursuant to this subsection only after the suspension is reviewed and 21
approved by the superintendent of the school district or the 22
administrative head of the charter school or university school for 23
profoundly gifted pupils, as applicable, or his or her designee. 24
(c) For a pupil with a disability who has been suspended or 25
expelled pursuant to this subsection, the public school in which the 26
pupil is enrolled shall make available to the pupil a free appropriate 27
public education in compliance with the Individuals with 28
Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., for each 29
school day the pupil is suspended or expelled after the pupil has 30
been removed for 10 cumulative days. 31
6. Except as otherwise provided in this section, any pupil, 32
including, without limitation, a pupil with a disability, who is found 33
in possession of a firearm while on the premises of any public 34
school, at an activity sponsored by a public school or on any school 35
bus must be removed from the public school immediately upon 36
being given an explanation of the reasons for the removal of the 37
pupil and pending proceedings, which must be conducted as soon as 38
practicable after removal, for his or her suspension, expulsion or 39
permanent expulsion. A pupil who is: 40
(a) Eleven years of age or older shall be suspended, expelled or 41
permanently expelled pursuant to this section. 42
(b) At least 8 but less than 11 years of age shall be suspended or 43
expelled pursuant to this subsection. 44
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(c) At least 6 but less than 8 years of age may be suspended 1
pursuant to this subsection. 2
(d) Less than 6 years of age may be suspended pursuant to this 3
subsection only after the suspension is reviewed and approved by 4
the superintendent of the school district or the administrative head 5
of the charter school or university school for profoundly gifted 6
pupils, as applicable, or his or her designee. 7
(e) A pupil with a disability who has been suspended or expelled 8
pursuant to this subsection must be provided with a free appropriate 9
public education in compliance with the Individuals with 10
Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., by the public 11
school in which the pupil is enrolled for each school day the pupil is 12
suspended or expelled after the pupil has been removed for 10 13
cumulative days. 14
7. If a school is unable to retain a pupil in the school pursuant 15
to subsections 1 to 6, inclusive, for the safety of any person or 16
because doing so would not be in the best interest of the pupil, the 17
pupil may be suspended, expelled or placed in another school. If a 18
pupil, including, without limitation, a pupil who is less than 11 years 19
of age, is placed in another school, the current school of the pupil 20
shall explain what services will be provided to the pupil at the new 21
school that the current school is unable to provide to address the 22
specific needs and behaviors of the pupil. The current school of the 23
pupil shall coordinate with the new school to create a plan of action 24
based on restorative justice for the pupil and to ensure that any 25
resources required to execute the plan of action based on restorative 26
justice are available at the new school. 27
8. Except as otherwise provided in this section, if a pupil is 28
deemed a habitual disciplinary problem pursuant to NRS 392.4655 29
and the school has made a reasonable effort to complete a plan of 30
action based on restorative justice with the pupil, based on the 31
seriousness of the acts which were the basis for the discipline, the 32
pupil may be: 33
(a) Suspended from the school; or 34
(b) Expelled from the school under extraordinary circumstances 35
as determined by the principal of the school. 36
9. If the pupil is expelled, or the period of the pupil’s 37
suspension is for one school semester, the pupil must: 38
(a) Enroll in a private school pursuant to chapter 394 of NRS or 39
be homeschooled; 40
(b) Enroll in a program of independent study provided pursuant 41
to NRS 389.155 for pupils who have been suspended or expelled 42
from public school or a program of distance education provided 43
pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies 44
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for enrollment and is accepted for enrollment in accordance with the 1
requirements of the applicable program; or 2
(c) Enroll in a program of alternative education provided by the 3
school district in which the pupil resides. Each school district shall, 4
alone or through a partnership with another school district, provide a 5
program of alternative education pursuant to this paragraph in an in-6
person setting that allows each pupil enrolled in the program to 7
receive educational services in the least restrictive educational 8
environment. 9
10. The superintendent of schools of a school district or the 10
administrative head of a charter school or university school for 11
profoundly gifted pupils, as applicable, may, for good cause shown 12
in a particular case in that school district or public school, as 13
applicable, allow a modification to a suspension or expulsion 14
pursuant to subsections 1 to 8, inclusive, if such modification is set 15
forth in writing. The superintendent or the administrative head of a 16
charter school or university school for profoundly gifted pupils, as 17
applicable, shall allow such a modification if he or she determines 18
that a plan of action based on restorative justice may be used 19
successfully. 20
11. This section does not prohibit a pupil from having in his or 21
her possession a knife or firearm with the approval of the principal 22
of the school. A principal may grant such approval only in 23
accordance with the policies or regulations adopted by the board of 24
trustees of the school district or the governing body of the charter 25
school or university school for profoundly gifted pupils, as 26
applicable. 27
12. Except as otherwise provided in subsection 5 or 6, a pupil 28
with a disability who is at least 11 years of age may, in accordance 29
with the procedural policy adopted by the board of trustees of the 30
school district or the governing body of the charter school or 31
university school for profoundly gifted pupils, as applicable, for 32
such matters and only after the board of trustees of the school 33
district or governing body, as applicable, or its designee has 34
reviewed the circumstances and determined that the action is in 35
compliance with the Individuals with Disabilities Education Act, 20 36
U.S.C. §§ 1400 et seq., be: 37
(a) Suspended from school pursuant to this section for not more 38
than 10 days. Such a suspension may be imposed pursuant to this 39
paragraph for each occurrence of conduct proscribed by 40
subsection 1. 41
(b) Expelled from school pursuant to this section. 42
(c) Permanently expelled from school pursuant to this section. 43
13. A homeless pupil or a pupil in foster care may be 44
suspended from school pursuant to this section for not more than 5 45
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days if, following a review of all available information [,] and, if an 1
educational decision maker has been appointed for the pupil 2
pursuant to NRS 432B.462, a meeting with the educational 3
decision maker for the pupil, the principal determines that the 4
conduct of the pupil poses an ongoing threat to the pupil or other 5
persons at the school and if a determination is made that 6
homelessness or being in foster care was not a factor in the behavior 7
that led to the consideration for suspension or expulsion. The person 8
responsible for making a determination of whether or not 9
homelessness or being in foster care was a factor in the behavior 10
shall presume that homelessness or being in foster care was [not] a 11
factor in the behavior unless the person determines otherwise 12
pursuant to this subsection. A determination that homelessness was 13
not a factor in the behavior must be made [in consultation] after 14
conducting a meeting with the local educational agency liaison for 15
homeless pupils designated in accordance with the McKinney-Vento 16
Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a 17
contact person at a school, including, without limitation, a school 18
counselor or school social worker. A determination that being in 19
foster care was not a factor in the behavior must be made [in 20
consultation] after conducting a meeting with an advocate for 21
pupils in foster care at the school in which the pupil is enrolled or 22
the school counselor of the pupil [.] and, if an educational decision 23
maker has been appointed for the pupil pursuant to NRS 24
432B.462, the educational decision maker for the pupil. 25
14. The principal of a public school may, at his or her 26
discretion, reduce or eliminate the period of suspension, convert an 27
expulsion to a suspension or otherwise reduce, eliminate or alter a 28
disciplinary action imposed upon a pupil who commits a battery 29
which results in the bodily injury of an employee of the school. 30
15. The principal of a public school may reduce the period of 31
suspension or convert an expulsion to a suspension for a pupil who 32
distributes a controlled substance while on the premises of a public 33
school, at an activity sponsored by a public school or on a school 34
bus if: 35
(a) The pupil is less than 11 years of age; 36
(b) The pupil has not engaged in such proscribed conduct 37
before; and 38
(c) After a thorough review of the facts and circumstances, the 39
principal determines that the pupil did not know that the substance 40
being distributed was a controlled substance. 41
16. The provisions of chapter 241 of NRS do not apply to any 42
hearing or proceeding conducted pursuant to this section. Such 43
hearings or proceedings must be closed to the public. 44
17. As used in this section: 45
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(a) “Battery” has the meaning ascribed to it in paragraph (a) of 1
subsection 1 of NRS 200.481. 2
(b) “Bodily injury” means any actual damage or injury to a 3
person that interferes with or is detrimental to the health of the 4
person and is more than merely accidental, transient or trifling in 5
nature. 6
(c) “Dangerous weapon” includes, without limitation, a 7
blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk 8
or dagger, a nunchaku or trefoil, as defined in NRS 202.350, a 9
butterfly knife or any other knife described in NRS 202.350, a 10
switchblade knife as defined in NRS 202.265, or any other object 11
which is used, or threatened to be used, in such a manner and under 12
such circumstances as to pose a threat of, or cause, bodily injury to a 13
person. 14
(d) “Firearm” includes, without limitation, any pistol, revolver, 15
shotgun, explosive substance or device, and any other item included 16
within the definition of a “firearm” in 18 U.S.C. § 921, as that 17
section existed on July 1, 1995. 18
(e) “Foster care” has the meaning ascribed to it in 45 C.F.R. § 19
1355.20. 20
(f) “Homeless pupil” has the meaning ascribed to the term 21
“homeless children and youths” in 42 U.S.C. § 11434a(2). 22
(g) “Permanently expelled” means the disciplinary removal of a 23
pupil from the school in which the pupil is currently enrolled: 24
(1) Except as otherwise provided in subparagraph (2), 25
without the possibility of returning to the school in which the pupil 26
is currently enrolled or another public school within the school 27
district; and 28
(2) With the possibility of enrolling in a program or public 29
school for alternative education for pupils who are expelled or 30
permanently expelled after being permanently expelled. 31
(h) “Restorative justice” has the meaning ascribed to it in 32
NRS 392.472. 33
(i) “Unaccompanied pupil” has the meaning ascribed to the term 34
“unaccompanied youth” in 42 U.S.C. § 11434a(6). 35
18. The provisions of this section do not prohibit a pupil who is 36
suspended or expelled from enrolling in a charter school that is 37
designed exclusively for the enrollment of pupils with disciplinary 38
problems if the pupil is accepted for enrollment by the charter 39
school pursuant to NRS 388A.453 or 388A.456. Upon request, the 40
governing body of a charter school must be provided with access to 41
the records of the pupil relating to the pupil’s suspension or 42
expulsion in accordance with applicable federal and state law before 43
the governing body makes a decision concerning the enrollment of 44
the pupil. 45
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Sec. 3. NRS 392.467 is hereby amended to read as follows: 1
392.467 1. Except as otherwise provided in subsections 5 and 2
6 and NRS 392.466, the board of trustees of a school district or the 3
governing body of a charter school or university school for 4
profoundly gifted pupils, as applicable, or its designee may 5
authorize the suspension or expulsion of any pupil who is at least 11 6
years of age from a public school. Except as otherwise provided in 7
this subsection and subsections 5 and 6 of NRS 392.466, a pupil 8
who is at least 6 years of age but less than 11 years of age must not 9
be expelled or permanently expelled from school. In extraordinary 10
circumstances, a school may request an exception to the prohibition 11
set forth in this subsection against expelling or permanently 12
expelling a pupil who is less than 11 years of age from school from 13
the board of trustees of the school district or the governing body of 14
the charter school or university school, as applicable. 15
2. A pupil who is less than 6 years of age must not be 16
permanently expelled from school. 17
3. Except as otherwise provided in subsection 6, no pupil may 18
be suspended or expelled until the pupil has been given notice of the 19
charges against him or her, an explanation of the evidence and an 20
opportunity to schedule a hearing, except that a pupil who: 21
(a) Poses a continuing danger to persons or property; 22
(b) Is an ongoing threat of disrupting the academic process; 23
(c) Is selling or distributing any controlled substance; or 24
(d) Is found to be in possession of a firearm or a dangerous 25
weapon as provided in NRS 392.466, 26
may be removed from the school immediately upon being given 27
an explanation of the reasons for his or her removal and pending 28
proceedings, to be conducted as soon as practicable after removal, 29
for the pupil’s suspension or expulsion. 30
4. The provisions of chapter 241 of NRS do not apply to any 31
hearing or proceeding conducted pursuant to this section. Such 32
hearings or proceedings must be closed to the public. 33
5. The board of trustees of a school district or the governing 34
body of a charter school or university school for profoundly gifted 35
pupils, as applicable, or its designee shall not authorize the 36
expulsion, suspension or removal of any pupil from the public 37
school system solely for offenses related to attendance or because 38
the pupil is declared a truant or habitual truant in accordance with 39
NRS 392.130 or 392.140. 40
6. A pupil with a disability may, in accordance with the 41
procedural policy adopted by the board of trustees of the school 42
district or the governing body of the charter school or university 43
school for profoundly gifted pupils, as applicable, for such matters 44
and only after an administrative review of the circumstances and a 45
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determination that the action is in compliance with the Individuals 1
with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be: 2
(a) Suspended from school pursuant to this section for not more 3
than 10 days for each occurrence of proscribed conduct. 4
(b) Expelled from school pursuant to this section. 5
(c) Permanently expelled from school pursuant to this section. 6
7. A homeless pupil or a pupil in foster care may be suspended 7
from school pursuant to this section for not more than 5 days if, 8
following a review of all available information [,] and, if an 9
educational decision maker has been appointed for the pupil 10
pursuant to NRS 432B.462, a meeting with the educational 11
decision maker for the pupil, the principal determines that the 12
conduct of the pupil poses an ongoing threat to the pupil or other 13
persons at the school and if a determination is made that 14
homelessness or being in foster care was not a factor in the behavior 15
that led to the consideration for suspension or expulsion. The person 16
responsible for making a determination of whether or not 17
homelessness or being in foster care was a factor in the behavior 18
shall presume that homelessness or being in foster care was [not] a 19
factor in the behavior unless the person determines otherwise 20
pursuant to this subsection. A determination that homelessness was 21
not a factor in the behavior must be made [in consultation] after 22
conducting a meeting with the local educational agency liaison for 23
homeless pupils designated in accordance with the McKinney-Vento 24
Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a 25
contact person at a school, including, without limitation, a school 26
counselor or school social worker. A determination that being in 27
foster care was not a factor in the behavior must be made [in 28
consultation] after conducting a meeting with an advocate for 29
pupils in foster care at the school in which the pupil is enrolled or 30
the school counselor of the pupil [.] and, if an educational decision 31
maker has been appointed for the pupil pursuant to NRS 32
432B.462, the educational decision maker for the pupil. 33
8. As used in this section: 34
(a) “Foster care” has the meaning ascribed to it in 45 C.F.R. § 35
1355.20. 36
(b) “Homeless pupil” has the meaning ascribed to the term 37
“homeless children and youths” in 42 U.S.C. § 11434a(2). 38
(c) “Permanently expelled” means the disciplinary removal of a 39
pupil from the school in which the pupil is currently enrolled: 40
(1) Except as otherwise provided in subparagraph (2), 41
without the possibility of returning to the school in which the pupil 42
is currently enrolled or another public school within the school 43
district; and 44
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(2) With the possibility of enrolling in a program or public 1
school for alternative education for pupils who are expelled or 2
permanently expelled after being permanently expelled. 3
Sec. 4. This act becomes effective on July 1, 2025. 4
H