Nevada § 392.467 - Suspension or expulsion of pupil: Procedure; limitations

§ 392.467. Suspension or expulsion of pupil: Procedure; limitations

1. Except as otherwise provided in subsections 5 and 6 and NRS 392.466 , the board of trustees of a school district or the governing body of a charter school

or university school for profoundly gifted pupils, as applicable, or its designee

may authorize the suspension or expulsion of any pupil who is at least 11 years of

age from a public school. Except as otherwise provided in this subsection and subsections 5 and 6 of NRS 392.466 , a pupil who is at least 6 years of age but less than 11 years of age must not be

expelled or permanently expelled from school. In extraordinary circumstances, a school may request an exception to the prohibition

set forth in this subsection against expelling or permanently expelling a pupil who

is less than 11 years of age from school from the board of trustees of the school

district or the governing body of the charter school or university school, as applicable. 2. A pupil who is less than 6 years of age must not be permanently expelled from school. 3. Except as otherwise provided in subsection 6, no pupil may be suspended or expelled

until the pupil has been given notice of the charges against him or her, an explanation

of the evidence and an opportunity to schedule a hearing, except that a pupil who: (a) Poses a continuing danger to persons or property; (b) Is an ongoing threat of disrupting the academic process; (c) Is selling or distributing any controlled substance; or (d) Is found to be in possession of a firearm or a dangerous weapon as provided in NRS 392.466 , may be removed from the school immediately upon being given an explanation of the

reasons for his or her removal and pending proceedings, to be conducted as soon as

practicable after removal, for the pupil's suspension or expulsion. 4. 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. 5. The board of trustees of a school district or the governing body of a charter school

or university school for profoundly gifted pupils, as applicable, or its designee

shall not authorize the expulsion, suspension or removal of any pupil from the public

school system solely for offenses related to attendance or because the pupil is declared

a truant or habitual truant in accordance with NRS 392.130 or 392.140 . 6. A pupil with a disability 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 an administrative review of the circumstances and a determination

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 for each

occurrence of proscribed conduct. (b) Expelled from school pursuant to this section. (c) Permanently expelled from school pursuant to this section. 7. 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. 8. As used in this section: (a) “ Foster care ” has the meaning ascribed to it in 45 C.F.R. § 1355.20 . (b) “ Homeless pupil ” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2) . (c) “ 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.