Nevada § 392.4655 - Conditions under which pupil deemed habitual disciplinary problem; plan of behavior to prevent pupil from being deemed habitual disciplinary problem; appeal by parent or guardian concerning content of plan or action taken pursuant to plan

§ 392.4655. Conditions under which pupil deemed habitual disciplinary problem; plan of behavior to prevent pupil from being deemed habitual disciplinary problem; appeal by parent or guardian concerning content of plan or action taken pursuant to plan

1. Except as otherwise provided in this section, a principal of a school shall deem

a pupil who is at least 11 years of age and enrolled in the school a habitual disciplinary

problem if the school has written evidence which documents that in 1 school year: (a) The pupil has threatened or extorted, or attempted to threaten or extort, another

pupil or a teacher or other personnel employed by the school two or more times or

the pupil has a record of five significant suspensions from the school for any reason; (b) The school has made reasonable efforts to develop a plan of behavior pursuant

to subsection 5 and the pupil has not made efforts to enter into or participate in

such a plan of behavior; (c) The homelessness of the pupil was not a factor in his or her behavior, as determined

in consultation with the local educational agency liaison for homeless pupils designated

in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a contact person at a school, including, without limitation, a school counselor

or school social worker; and (d) The placement in foster care of the pupil was not a factor in his or her behavior,

as determined in consultation with a contact person at the school, including, without

limitation, a school counselor or school social worker. 2. At least one teacher of a pupil who is enrolled in elementary school and at least

two teachers of a pupil who is enrolled in junior high, middle school or high school

may request that the principal of the school deem a pupil a habitual disciplinary

problem. Upon such a request, the principal of the school shall meet with each teacher who

made the request to review the pupil's record of discipline. If, after the review, the principal of the school determines that the provisions

of subsection 1 do not apply to the pupil, a teacher who submitted a request pursuant

to this subsection may appeal that determination to the superintendent of the school

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

profoundly gifted pupils, as applicable. Upon receipt of such a request, the superintendent or administrative head shall

review the initial request and determination pursuant to the procedure established

by the board of trustees of the school district or the governing body of the charter

school or university school for profoundly gifted pupils, as applicable, for such

matters. 3. If a pupil is suspended, the school in which the pupil is enrolled shall provide

written notice to the parent or legal guardian of the pupil or, if the pupil is an

unaccompanied pupil, the pupil that contains: (a) A description of the act committed by the pupil and the date on which the act

was committed; (b) An explanation that if the pupil receives five significant suspensions on his

or her record during the current school year and has not entered into and participated

in a plan of behavior pursuant to subsection 5, the pupil will be deemed a habitual

disciplinary problem; (c) An explanation that, pursuant to subsection 8 of NRS 392.466 , a pupil who is deemed a habitual disciplinary problem may be: (1) Suspended from school; or (2) Expelled from school under extraordinary circumstances as determined by the principal

of the school; (d) If the pupil is a pupil with a disability, an explanation of the effect of subsection

12 of NRS 392.466 , including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil's behavior is not a manifestation of the pupil's disability, he or

she may be suspended or expelled from school in the same manner as a pupil without

a disability; and (e) A summary of the provisions of subsection 5. 4. A school shall provide the notice required by subsection 3 for each suspension

on the record of a pupil during a school year. Such notice must be provided at least 7 days before the school deems the pupil a

habitual disciplinary problem. 5. If a pupil, including, without limitation, a pupil who is less than 11 years of

age, is suspended, the school in which the pupil is enrolled shall develop, in consultation

with the pupil and the parent or legal guardian of the pupil, a plan of behavior for

the pupil. The parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil,

the pupil may choose for the pupil not to participate in the plan of behavior. If the parent or legal guardian of the pupil or the pupil chooses for the pupil

not to participate, the school shall inform the parent or legal guardian or the pupil

of the consequences of not participating in the plan of behavior. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary

problem and may include, without limitation: (a) A plan for graduating if the pupil is deficient in credits and not likely to graduate

according to schedule. (b) Information regarding schools with a mission to serve pupils who have been: (1) Expelled or suspended from a public school, including, without limitation, a charter

school; or (2) Deemed to be a habitual disciplinary problem pursuant to this section. (c) A voluntary agreement by the parent or legal guardian to attend school with his

or her child. (d) A voluntary agreement by the pupil and, if the pupil is not an unaccompanied pupil,

the pupil's parent or legal guardian to attend counseling, programs or services available

in the school, school district or community. (e) A voluntary agreement by the pupil and, if the pupil is not an unaccompanied pupil,

the pupil's parent or legal guardian that the pupil will attend summer school, intersession

school or school on Saturday, if any of those alternatives are offered by the school

or school district. 6. If a pupil commits the same act for which notice was provided pursuant to subsection

3 after he or she enters into a plan of behavior pursuant to subsection 5, the pupil

shall be deemed to have not successfully completed the plan of behavior and may be

deemed a habitual disciplinary problem. 7. A pupil may, pursuant to the provisions of this section, enter into one plan of

behavior per school year. 8. The parent or legal guardian of a pupil or, if the pupil is an unaccompanied pupil,

a pupil who has entered into a plan of behavior with a school pursuant to this section

may appeal to the superintendent of the school district or the administrative head

of the charter school or university school for profoundly gifted pupils, as applicable,

a determination made by the school concerning the contents of the plan of behavior

or action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the superintendent of the school district or the

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

pupils, as applicable, shall review the determination in accordance with the procedure

established by the board of trustees of the school district or the governing body

of the charter school or university school for profoundly gifted pupils, as applicable,

for such matters. 9. As used in this section: (a) “ Foster care ” has the meaning ascribed to it in 45 C.F.R. § 1355.20 . (b) “ Significant suspension ” means the school in which the pupil is enrolled: (1) Prohibits the pupil from attending school for 3 or more consecutive days; and (2) Requires a conference or some other form of communication with the parent or legal

guardian of the pupil before the pupil is allowed to return to school. (c) “ Unaccompanied pupil ” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6) .