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- 83rd Session (2025)
Senate Bill No. 177–Senator Ohrenschall
CHAPTER..........
AN ACT relating to education; authorizing a principal to assign a
homeless pupil or a pupil in foster care to a temporary
alternative placement under certain circumstances; revising
the requirement for the principal of a school to consult with
certain persons before determining that a homeless pupil or a
pupil in foster care is a habitual d isciplinary problem ;
revising the procedure for the suspension of homeless pupils
or pupils in foster care and the procedure for determining
whether homelessness or placement in foster care is a factor
in the behavior of certain pupils; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes the process for the principal of a school to determine
that a pupil who is 11 years of age or older and enrolled in the school is a habitual
disciplinary problem. ( NRS 392.4655) Under existing law, if a pupil who is 11
years of age or older is deemed a habitual disciplinary problem and the school has
made a reasonable effort to complete a plan of action based on restorative justice
with the pupil, the principal is ge nerally authorized to suspend the pupil, or under
extraordinary circumstances, expel the pupil from the school. (NRS 392.466)
Existing law provides that before a pupil who is homeless or in foster care may be
determined to be a habitual disciplinary problem, the principal is required to consult
with certain persons. (NRS 392.4655) Section 1.5 of this bill requires the principal
to conduct a meeting with those persons rather than consult with those persons.
Section 1.5 also requires such a meeting concerning a pupil who is in foster care to
additionally include the educational decision maker appointed for the pupil by a
court under existing law. (NRS 432B.462)
Existing law requires that, to suspend from school a pupil who is homeless or
has been placed in fo ster care for not more than 5 days, a determination must be
made, after consultation with certain persons, that homelessness or being in foster
care was not a factor in the behavior of the pupil. Under existing law, the person
responsible for making such a determination is required to presume that
homelessness or being in foster care was not a factor in the behavior and make the
determination in consultation with certain persons. (NRS 392.466, 392.467)
Sections 2 and 3 of this bill authorize a principal to suspend a homeless pupil or a
pupil in foster care for 5 days or less without consideration of whether being
homeless or being in foster care was a factor in the behavior of the pupil and to
consider such factors when the pupil is suspended for more than 5 days. As soon as
practicable and not later than the 10th school day after the pupil is suspended,
sections 2 and 3 require the principal to consider whether the behavior was caused
by or had a substantial relationship to the pupil being in foster care or being
homeless during a meeting with certain persons who have an interest in the
education of the pupil. If during such a meeting it is determined that the conduct
was caused by or had a substantial relationship to the pupil being in foster care or
being homeless , sections 2 and 3 additionally require the principal to either: (1)
end the period of suspension and provide the pupil with behavioral and academic
support; or (2) assign the pupil to a temporary alternative placement for not more
than 45 school days if the pupil is a habitual disciplinary problem or the behavior
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that led to the suspension consisted of , while at school or a school activity ,
possessing a dangerous weapon or firearm, engaging in certain actions relating to
controlled substances or committing a battery intended to cause bodily injury.
Section 1 of this bill authorizes a principal to continue the temporary
alternative placement of such a pupil for more than 45 days if the principal
determines that the continued temporary placement is necessary for the safety of
the pupil or others. Section 1 requires the principal to make such a determination
after holding a meeting with the local educational agency liaison for homeless
pupils or educational decision maker of the pupil and a contact person at the school.
If the p rincipal makes such a determination, section 1 additionally requires the
principal to provide targeted intervention to the pupil and notif y the educational
decision maker appointed for the pupil concerning the right to an evaluation to
determine if the pupil is eligible for special education and related services .
Additionally, section 1 requires the principal to hold a meeting to create a plan for
the transition of the pupil from the temporary alternative p lacement if the pupil is
assigned to a temporary alternative placement for more than 21 days.
Sections 1.5-3 additionally require that the school have been given notice that
the pupil is homeless or in foster care before the school is required to perform the
tasks set forth in those sections.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.4645 is hereby amended to read as
follows:
392.4645 1. A pupil may be temporarily removed from a
classroom or other premises of a public school if, in the judgment of
the teacher or other staff member responsible for the classroom or
other premises, as applicable, the pupil has engaged in behavior that
seriously interferes with the ability of the teacher to teach the other
pupils in the classroom and with the ability of the other pupils to
learn or with the ability of the staff member to discharge his or her
duties. Upon the remo val of a pupil from a classroom or any other
premises of a public school pursuant to this section, the principal of
the school shall provide a written explanation of the reason for the
removal of the pupil to the pupil and offer the pupil an opportunity
to respond to the explanation. Within 24 hours after the removal of a
pupil pursuant to this section, the principal of the school shall notify
the parent or legal guardian of the pupil of the removal.
2. Except as otherwise provided in subsection 3, a pupi l who is
removed from a classroom or any other premises of a public school
pursuant to this section may be assigned to a temporary alternative
placement pursuant to which the pupil:
(a) Is separated, to the extent practicable, from pupils who are
not assigned to a temporary alternative placement;
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(b) Studies or remains under the supervision of appropriate
personnel of the school district; and
(c) Is prohibited from engaging in any extracurricular activity
sponsored by the school.
3. [The] Except as otherwise provided in subsection 15 of
NRS 392.466 or subsection 9 of NRS 392.467, the principal shall
not assign a pupil to a temporary alternative placement if the
suspension or expulsion of a pupil who is removed from the
classroom pursuant to this section is:
(a) Required by NRS 392.466; or
(b) Authorized by NRS 392.467 and the principal decides to
proceed in accordance with that section.
If the principal proceeds in accordance with NRS 392.466 or
392.467, the pupil must be removed from school in accordance with
those sections and the provisions of NRS 392.4642 to 392.4648,
inclusive, do not apply to the pupil.
4. A public school must, on or before August 1 of each year,
develop or review and revise a plan to offer a pupil, including,
without limitation, a pupil who is less than 11 years of age, who is
removed from a classroom or any other premises of the public
school pursuant to this section or NRS 392.466 for more than 2
school days:
(a) Education services to prevent the pupil from losing academic
credit or becoming disengaged from school during the period the
pupil is removed from a classroom or any other premises of the
public school; and
(b) Appropriate positive behavioral interventions and support,
trauma-informed support and a ref erral to a school social worker or
school counselor.
5. A plan developed by a public school pursuant to subsection
4 must include:
(a) An option to provide such education and support services to
a pupil in an in-person setting;
(b) The location where s uch services will be provided to the
pupil; and
(c) A plan for the pupil to complete any assignments or course
work missed during his or her removal.
6. Each public school shall, on or before August 1 of each year,
submit the plan that is developed or reviewed and revised pursuant
to subsection 4 to:
(a) The board of trustees of the school district, governing body
of the charter school or governing body of the university school for
profoundly gifted pupils, as applicable;
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(b) The State Board; and
(c) The Joint Interim Standing Committee on Education.
7. Upon removing a pupil from a classroom or any other
premises of a public school pursuant to this section for more than 1
school day, the principal of the school must contact the local
educational a gency 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, to make a determination of whether the pupil is a homeless
pupil.
8. After a pupil has been assigned to a temporary alternative
placement pursuant to subsection 15 of NRS 392.466 or
subsection 9 of NRS 392.467, a principal may continue the
assignment for more than 45 school days if the principal
determines that the continued temporary alternative placement is
necessary for the safety of the pupil or others. The principal shall
make such a determination before the pupil has been in a
temporary alternative placement for more than 45 days.
9. The principal shall make the determination required by
subsection 8 after holding a meeting with the local educational
agency liaison for homeless pupils designated in accordance with
the McKinney-Vento Homeless Assist ance Act of 1987, 42 U.S.C.
§§ 11301 et seq. , or the educational decision maker appointed to
the pupil pursuant to NRS 432B.462 , as applicable, and a contact
person from the school, including, without limitation, a school
counselor or social worker, to discuss whether the pupil is a risk to
the safety of himself or herself or others if not in the temporary
alternative placement.
10. If the principal determines that the temporary alternative
placement is to be continued for more than 45 days pursuant to
subsection 8, the principal shall provide:
(a) Targeted intervention s to the pupil during the temporary
alternative placement; and
(b) If an educational decision maker has been appointed for
the pupil pursuant to NRS 432B.462, n otification to the
educational decision maker appointed to the pupil concerning the
right to an evaluation to determine whether the pupil is eligible for
special education and related services.
11. If a pupil is assigned to a temporary alternative placement
for more than 21 days, the principal shall develop a plan to assist
the pupil in the transition out of the temporary alternative
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placement before the termination of the temporary alternative
placement. The plan must include, without limitation:
(a) The school that the pupil wil l attend after the temporary
alternative placement; and
(b) Appropriate targeted scientific, research -based
interventions and behavioral supports for the pupil at the school
pursuant to an intervention plan to remediate any academic or
behavioral difficulty of the pupil.
12. The principal shall hold a meeting to develop the plan
required by subsection 1 1 with the local educational agency
liaison for homeless pupils designat ed in accordance with the
McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§
11301 et seq. , or the educational decision maker appointed to the
pupil pursuant to NRS 432B.462 , as applicable, and a contact
person from the school, including, without limitation, a school
counselor or social worker.
13. If the principal provides three written notices on 3
separate days requesting a person to attend a meeting required by
subsection 9 or 12 and does not receive a response from the person
within 24 hour s after sending the third notice , the principal may
hold the meeting without that person.
14. Each school district shall, on or before August 1 of each
year, collect a representative sample of the plans developed pursuant
to subsection 4 and submit a copy of the sampled plans to:
(a) The Joint Interim Standing Committee on Education;
(b) The Department; and
(c) The State Board.
[9.] 15. The sample of plans that is collected pursuant to
subsection [8] 14 must correspond with the proportion of pupil s
within the school district who are:
(a) Economically disadvantaged;
(b) From major racial and ethnic groups;
(c) Pupils with disabilities;
(d) English learners;
(e) Migratory children;
(f) Of each gender;
(g) Homeless;
(h) In foster care; and
(i) Pupils whose parent or guardian is a member of the Armed
Forces of the United States, a reserve component thereof or the
National Guard.
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[10.] 16. As used in this section , “homeless pupil” has the
meaning ascribed to the term “homeless children and youths” in 42
U.S.C. § 11434a(2).
Sec. 1.5. NRS 392.4655 is hereby amended to read as follows:
392.4655 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] 6 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 ] after conducting a
meeting 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] after conducting
a meeting with a contact person at the school, including, without
limitation, a school co unselor or school social worker [.] , and the
educational decision maker appointed for the pupil pursuant to
NRS 432B.462; and
(e) The school has been notified that the pupil is homeless or
in foster care.
2. If the principal provides three written notices on 3 separate
days requesting a person attend a meeting required by subsection
1 and does not receive a response from the person within 24 hours
after sending the third notice , the principal may hold the meeting
without that person.
3. 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
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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. Upo n 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 u niversity school for
profoundly gifted pupils, as applicable, for such matters.
[3.] 4. 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 curr ent school year and
has not entered into and participated in a plan of behavior pursuant
to subsection [5,] 6, 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.] 6.
[4.] 5. A school shall provide the notice required by subsection
[3] 4 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.] 6. 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
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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 o f 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, interse ssion school or school on
Saturday, if any of those alternatives are offered by the school or
school district.
[6.] 7. If a pupil commits the same act for which notice was
provided pursuant to subsection [3] 4 after he or she enters into a
plan of behavior pursuant to subsection [5,] 6, the pupil shall be
deemed to have not successfully completed the plan of behavior and
may be deemed a habitual disciplinary problem.
[7.] 8. A pupil may, pursuant to the provis ions of this section,
enter into one plan of behavior per school year.
[8.] 9. 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 act ion 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
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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.] 10. 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).
Sec. 2. NRS 392.466 is hereby amended to read as follows:
392.466 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 activ ity 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 i s 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 pub lic
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 i n 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
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her parent or legal guardia n. 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 sc hool 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 t o 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 remov ed for
10 cumulative days.
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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, an y 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, whi ch 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 other wise 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
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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 l east 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 fr ee 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 be en 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 suspe nded, 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 n ew
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 392.46 55
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.
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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 pu rsuant 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 t he 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, as applicable, may, for goo d 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 the governing body of the charter school or
university school for profoundly gifted pupils, as applicable, for
such matters and only after the board of truste es of the school
district or governing body, as applicable, or its designee has
reviewed the circumstances and determined that the action is in
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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] If a school has notice that the 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 [not] 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. [The
person resp onsible 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 advo cate for
pupils in foster care at the school in which the pupil is enrolled or
the school counselor of the pupil.]
14. As soon as possible and not later than the 10th school day
after the pupil was suspended from school pursuant to subsection
13, 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 ho meless 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 th e principal determines necessary. The relevant
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information to be reviewed during the meeti ng 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 lead ing to suspension
and the pupil generally; and
(d) Any other information provided by a person at the meeting.
15. If during the meeting held pursuant to subsection 14, the
principal determines that the behavior leading to suspension was
caused by or h ad 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 b y 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 the intent to cause bodily
injury.
16. If the principal provides three written notices on 3
separate days requesting a person attend a meeting required by
subsection 13 or 14 and does not receive a response from the
person within 24 hours after sending the third notice, the principal
may hold the meeting without that person.
17. 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.] 18. The principal of a public school may reduce the
period of suspension or convert an expulsion to a suspension for a
pupil who dist ributes 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
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- 83rd Session (2025)
(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.] 19. The provisions of chapter 241 of NRS do not apply
to any hearing o r proceeding conducted pursuant to this section.
Such hearings or proceedings must be closed to the public.
[17.] 20. 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 inj ury” 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 o ther 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).
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- 83rd Session (2025)
[18.] 21. 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.
Sec. 3. NRS 392.467 is hereby amended to read as follows:
392.467 1. Except as otherwise provided in subsections 5 and
6 and NRS 392.466, the board of trustees of a sch ool 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 reques t 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.
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- 83rd Session (2025)
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 acc ordance 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 revie w 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] If the school is on notice that a pupil is homeless or in
foster care, a homeless pupil or a pupil in fos ter care may be
suspended from school pursuant to this section for [not] 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 wit h 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. [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 fo r 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.]
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- 83rd Session (2025)
8. As soon as p racticable 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 su bstantial 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 advo cate 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.
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- 83rd Session (2025)
(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.
[(b)] (f) “Homeless pupil” has the meaning ascribed to the term
“homeless children and youths” in 42 U.S.C. § 11434a(2).
[(c)] (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 sc hool
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.
Sec. 3.5. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
Sec. 4. This act becomes effective on July 1, 2025.
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