Nevada § 392.466 - Plan of action for pupil who engages in battery on employee of school, possession of firearm or dangerous weapon or sale or distribution of controlled substance or is deemed a habitual disciplinary problem; appeal by employee who is victim of battery; suspension, expulsion or permanent expulsion of such pupils; immediate removal of pupil in possession of firearm; modification to suspension or expulsion by certain school officials; limitations for pupils with disabilities, homeless pupils and pupils in foster care

§ 392.466. Plan of action for pupil who engages in battery on employee of school, possession of firearm or dangerous weapon or sale or distribution of controlled substance or is deemed a habitual disciplinary problem; appeal by employee who is victim of battery; suspension, expulsion or permanent expulsion of such pupils; immediate removal of pupil in possession of firearm; modification to suspension or expulsion by certain school officials; limitations for pupils with disabilities, homeless pupils and pupils in foster care

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. (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 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. 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. (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 (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 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 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 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 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. 14. 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. (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.