Nevada § 392.4644 - Plan for progressive discipline and on-site review of disciplinary decisions; annual review and revision of plan; posting and distribution of revised plan; written reports by board of trustees concerning compliance with section; written notice to address disproportionality in disciplinary actions; requirements for public school that fails to address disproportionality

§ 392.4644. Plan for progressive discipline and on-site review of disciplinary decisions; annual review and revision of plan; posting and distribution of revised plan; written reports by board of trustees concerning compliance with section; written notice to address disproportionality in disciplinary actions; requirements for public school that fails to address disproportionality

1. The superintendent of each school district and the administrative head of each

charter school and university school for profoundly gifted pupils shall establish

a plan to provide for the progressive discipline of pupils and on-site review of disciplinary

decisions. The plan must: (a) Be developed with the input and participation of teachers, school administrators,

school counselors, school social workers, school psychologists, behavior analysts

and other educational personnel and support personnel who are employed at the public

school, pupils who are enrolled in the public school or schools within the school

district, as applicable, and the parents and guardians of pupils who are enrolled

in the public school or schools within the school district, as applicable. (b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463 . (c) Include, without limitation, provisions designed to address the specific disciplinary

needs and concerns of the public school or each school within the school district,

as applicable. (d) Prescribe methods of alternative conflict resolution and interventions based on

social and emotional learning that are developed to avoid the need for the removal

of a pupil. (e) Include provisions that authorize the temporary removal of a pupil from a classroom

or other premises of a public school pursuant to NRS 392.4645 . (f) Provide for the placement of a pupil in a more restrictive educational environment

at that school or at a different public school or school within the school district,

as applicable, in accordance with NRS 392.466 . (g) Include the names of any members of a committee to review the temporary alternative

placement of pupils required by NRS 392.4647 . (h) Include consideration of the results of the data collected and reported pursuant

to NRS 392.462 and include methods for addressing the occurrences of the suspension, expulsion or

removal of pupils from school that disproportionately affect pupils who belong to

a group of pupils listed in subsection 2 of NRS 385A.250 . (i) Be provided to each school over which the superintendent or administrative head

has authority and posted on the Internet website maintained by the public school. (j) Be in accordance with a plan to use disciplinary practices based on restorative

justice developed pursuant to subsection 2, if applicable. 2. The superintendent of a school district shall, in addition to establishing a plan

to provide for the progressive discipline of pupils pursuant to subsection 1, establish

a plan to use disciplinary practices based on restorative justice. Such a plan must: (a) Authorize the use of disciplinary practices based on restorative justice which

include, without limitation: (1) Holding a pupil accountable for his or her behavior; (2) Restoration or remedies related to the behavior of the pupil; (3) Relief for any victim of the pupil; and (4) Changing the behavior of the pupil; and (b) Be in accordance with the statewide framework for restorative justice developed

pursuant to NRS 388.1333 , including, without limitation, by addressing the occurrences of the suspension,

expulsion or removal of pupils from schools that disproportionately affect pupils

who belong to a group of pupils listed in subsection 2 of NRS 385A.250 . 3. On or before September 15 of each year, the principal of each public school shall: (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, the parents and guardians of pupils, the pupils who are enrolled in

the school and, if applicable, the organizational team established pursuant to NRS 388G.700 ; (b) Determine whether and to what extent the occurrences of the suspension, expulsion

or removal of pupils from school disproportionately affect pupils who belong to a

group of pupils listed in subsection 2 of NRS 385A.250 ; and (c) Based upon the review, recommend to the superintendent of the school district

or the administrative head of the charter school or university school for profoundly

gifted pupils, as applicable, revisions to the plan, as recommended by the teachers,

school administrators, school counselors, school social workers, school psychologists,

behavior analysts and other educational personnel and support personnel, the parents

and guardians of pupils, the pupils who are enrolled in the school and, if applicable,

the organizational team established pursuant to NRS 388G.700 , if necessary. 4. On or before September 30 of each year, the superintendent of each school district

and the administrative head of each charter school or university school for profoundly

gifted pupils shall issue a revised plan that appropriately reflects comments provided

by teachers, school administrators, school counselors, school social workers, school

psychologists, behavior analysts, other educational personnel and support personnel,

the parents and guardians of pupils, the pupils who are enrolled in the school and,

if applicable, organizational teams established pursuant to NRS 388G.700 . 5. Not more than 14 days after the receipt of a plan established pursuant to subsection

1 or a revised plan issued pursuant to subsection 4, the principal of each school

shall: (a) Post a copy of the plan or the revised plan on the Internet website maintained

by the school; and (b) Distribute to each teacher, school administrator, school counselor, school social

worker, school psychologist, behavior analyst, and all educational support personnel

who are employed at or assigned to the school and, if applicable, the organizational

team a written or electronic copy of the plan or the revised plan. 6. On or before November 15 of each year, the board of trustees of each school district

and the governing body of each charter school or university school for profoundly

gifted pupils shall: (a) Submit a written report to the Superintendent of Public Instruction that reports

the progress of each school over which the board of trustees or governing body has

authority in complying with the requirements of this section, including, without limitation,

addressing the occurrences of the suspension, expulsion or removal of pupils from

school that disproportionately affect pupils who belong to a group of pupils listed

in subsection 2 of NRS 385A.250 ; and (b) Post a copy of the report on the Internet website maintained by the school district,

charter school or university school for profoundly gifted pupils, as applicable. 7. If the Superintendent of Public Instruction determines that the data collected

pursuant to NRS 392.462 indicates disproportionality in disciplinary actions or is insufficient to determine

whether disproportionality exists, the Superintendent shall issue a written notice

to the school district, charter school or university school for profoundly gifted

pupils, as applicable, listing the specific areas of concern and providing a specific

corrective period for the school district, charter school or university school for

profoundly gifted pupils, as applicable, to implement a framework to reduce the disproportionality

or correct the insufficiency of the data, as applicable. The specific corrective period must be at least 12 months but not more than 36 months,

and must include required monitoring of the progress made by the school district,

charter school or university school for profoundly gifted pupils, as applicable. 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: (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 .