NRS 392.467 Suspension or expulsion of pupil: Procedure; limitations; required meeting after suspension of pupil who is homeless or in foster care.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 ,

Ê 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. If the school is on notice that a pupil is homeless or in foster care, a homeless pupil or a pupil in foster care may be suspended from school pursuant to this section for more than 5 days if, following a review of all available information and, if an educational decision maker has been appointed for the pupil pursuant to NRS 432B.462 , a meeting with the educational decision maker for the pupil, 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.

8. As soon as practicable and not later than the 10th school day after the pupil was suspended from school pursuant to subsection 7, the principal shall review all relevant information to consider whether the behavior which led to the suspension was caused by or had a direct and substantial relationship to the pupil being in foster care or being homeless in a meeting with the educational decision maker for the pupil or surrogate parent, if one has been appointed pursuant to NRS 432B.462 or 34 C.F.R. § 300.519, as applicable, an advocate for pupils in foster care at the school and any other person the principal determines necessary.

The relevant information to be reviewed during the meeting must include, without limitation:

(a)The pupil’s cumulative record;

(b)The pupil’s academic plan, if one exists;

(c)Observations by staff of the conduct leading to suspension and the pupil generally; and

(d)Any other information provided by a person at the meeting.

9. If during the meeting held pursuant to subsection 8, the principal determines that the behavior leading to suspension was caused by or had a substantial relationship to the pupil being in foster care or being homeless, the principal shall:

(a)Eliminate the period of suspension and provide the pupil with behavioral and academic support, including, without limitation, the development of or revisions to an academic plan; or

(b)Assign the pupil to a temporary alternative placement for not more than 45 school days pursuant to NRS 392.4645 , if the pupil is a habitual disciplinary problem pursuant to NRS 392.4655 or the behavior that led to the suspension consisted of, while on the premises of any public school, at an activity sponsored by a public school or on any school bus:

(1)Possessing a dangerous weapon or firearm;

(2)Knowingly possessing, using, selling, distributing or soliciting for sale a controlled substance; or

(3)Committing a battery with intent to cause bodily injury.

10. If the principal provides three written notices on 3 separate days requesting a person attend a meeting required by subsection 7 or 8 and does not receive a response from the person, the principal may hold the meeting without that person.

11. As used in this section:

(a)“Battery” has the meaning ascribed to it in NRS 392.466 .

(b)“Bodily injury” has the meaning ascribed to it in NRS 392.466 .

(c)“Dangerous weapon” has the meaning ascribed to it in NRS 392.466 .

(d)“Firearm” has the meaning ascribed to it in NRS 392.466 .

(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.