Nevada § 392.472 - Requirement to provide progressive discipline plan before removing, suspending or expelling pupil or to certain pupils with at least 5 cumulative days of suspension; example plans; guidance document; provision of plan to teacher or personnel who administer temporary alternative placement

§ 392.472. Requirement to provide progressive discipline plan before removing, suspending or expelling pupil or to certain pupils with at least 5 cumulative days of suspension; example plans; guidance document; provision of plan to teacher or personnel who administer temporary alternative placement

1. Except as otherwise provided in NRS 392.4645 and 392.466 , a public school shall provide a progressive discipline plan based on restorative

justice: (a) To a pupil, including, without limitation, a pupil who is less than 11 years of

age, who has received at least 5 cumulative days of suspension during a school year;

and (b) Within 2 days after removing a pupil, including, without limitation, a pupil who

is less than 11 years of age, from a classroom or other premises of the public school

or suspending or expelling a pupil from school for a period of at least 3 days. Such a plan must include information concerning the provision of education services

to the pupil during his or her removal pursuant to subsection 4 of NRS 392.4645 . 2. The Department shall develop one or more examples of a progressive discipline plan

based on restorative justice which must include, without limitation: (a) Positive behavioral interventions and support; (b) A plan for behavioral intervention; (c) A referral to a team of student support; (d) A referral to an individualized education program team to determine: (1) Whether an individualized education program is needed for the pupil; (2) Whether an individualized education program, if one has been developed, has been

appropriately implemented; and (3) Whether any adjustments should be made to an individualized education plan that

has been developed; (e) A referral to appropriate community-based services; (f) A conference with the principal of the school or his or her designee and any other

appropriate personnel; (g) A determination of the need for a referral to a school social worker; (h) Guidelines for the provision of notice to a pupil to initiate his or her reinstatement;

and (i) A plan for the reinstatement of a pupil who was expelled. 3. The Department, in consultation with the Office for a Safe and Respectful Learning

Environment, shall post on its Internet website a guidance document that includes,

without limitation: (a) A description of the statewide framework for restorative justice developed pursuant

to NRS 388.1333 and the requirements of this section and NRS 392.462 ; (b) One or more models of restorative justice and best practices relating to restorative

justice; (c) A curriculum for professional development relating to restorative justice and

references for one or more consultants or presenters qualified to provide additional

information or training relating to restorative justice; and (d) One or more examples of a progressive discipline plan based on restorative justice

developed pursuant to subsection 2. 4. A progressive discipline plan based on restorative justice developed pursuant to

this section must be made available to any teacher or appropriate personnel of the

school district who administers temporary alternative placement after the removal

of a pupil. 5. As used in this section: (a) “ Individualized education program team ” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B) . (b) “ Restorative justice ” means nonpunitive intervention and support provided by the school to a pupil to

improve the behavior of the pupil and remedy any harm caused by the pupil.