(Reprinted with amendments adopted on April 17, 2003)

 

Assembly Bill No. 234–Assemblymen Manendo, Williams, Koivisto, Chowning, Parks, Anderson, Angle, Arberry, Atkinson, Buckley, Claborn, Collins, Conklin, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Hardy, Horne, Knecht, Leslie, McClain, McCleary, Mortenson, Oceguera, Perkins, Pierce and Weber

 

March 4, 2003

____________

 

Referred to Committee on Education

 

SUMMARY—Revises provisions governing school bus transportation. (BDR 34‑811)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to education; requiring drivers of school buses to comply with applicable policies and regulations of school districts concerning the discipline of pupils on school buses; authorizing drivers of school buses to remove the privilege of disruptive pupils to ride a school bus under certain circumstances; requiring boards of trustees of school districts to establish certain committees to review the removal of the privilege of a pupil to ride a school bus; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1.  Chapter 392 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 1.5 to 5, inclusive, of this

1-3  act.

1-4  Sec. 1.5.  An action must not be taken pursuant to sections

1-5  1.5 to 5, inclusive, of this act against a pupil with a disability who

1-6  is participating in a program of special education pursuant to NRS

1-7  388.440 to 388.520, inclusive, unless the action complies with:

2-1  1.  The Individuals with Disabilities Education Act, 20 U.S.C.

2-2  §§ 1400 et seq.;

2-3  2.  The Americans with Disabilities Act of 1990, 42 U.S.C. §§

2-4  12101 et seq.;

2-5  3.  Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791

2-6  et seq.;

2-7  4.  Any other federal law applicable to children with

2-8  disabilities; and

2-9  5.  The procedural policy adopted by the board of trustees of

2-10  the school district for such matters.

2-11      Sec. 2.  1.  A driver of a school bus shall comply with the

2-12  applicable policies and regulations of the school district in which

2-13  the driver is employed concerning the discipline of pupils on

2-14  school buses.

2-15      2.  If a driver of a school bus has issued three referrals or

2-16  citations to a pupil pursuant to the applicable policies and

2-17  regulations of the school district concerning the discipline of

2-18  pupils on school buses, the driver may remove the privilege of the

2-19  pupil to ride any school bus if, in the judgment of the driver, the

2-20  pupil has engaged in behavior while on the school bus that

2-21  continues to disrupt and threaten the safety of the driver or the

2-22  other pupils on the school bus, or both, or otherwise seriously

2-23  interferes with the ability of the driver to drive the school bus.

2-24      3.  Before a driver of a school bus removes the privilege of a

2-25  pupil to ride a school bus, the driver shall:

2-26      (a) Provide to the pupil an explanation of the reason for the

2-27  removal and offer an opportunity for the pupil to respond;

2-28      (b) Safely deliver the pupil to the regular bus stop of the pupil

2-29  or the school in which the pupil is enrolled; and

2-30      (c) Provide written documentation of the incident to the

2-31  principal of the school in which the pupil is enrolled.

2-32      4.  Not later than the end of the next working day after a

2-33  driver of a school bus removes the privilege of a pupil to ride a

2-34  school bus, the principal of the school in which the pupil is

2-35  enrolled shall notify:

2-36      (a) The parent or legal guardian of the pupil; and

2-37      (b) The person who supervises the driver.

2-38      Sec. 3.  1.  Except as otherwise provided in this section, not

2-39  later than 5 school days after the privilege of a pupil to ride a

2-40  school bus is removed pursuant to section 2 of this act, a

2-41  conference must be held with:

2-42      (a) The pupil;

2-43      (b) A parent or legal guardian of the pupil;

2-44      (c) The principal of the school; and

2-45      (d) The driver who removed the pupil.

3-1  2.  The principal shall give an oral or written notice of the

3-2  conference, as appropriate, to each person who is required to

3-3  participate. The pupil is prohibited from riding any school bus

3-4  before the conference is held. If the conference is not held during

3-5  the regular work hours of the driver of the school bus, the driver

3-6  must be paid additional compensation for his attendance at the

3-7  conference.

3-8  3.  After receipt of the notice required pursuant to subsection

3-9  2, the parent or legal guardian of the pupil may, not later than 5

3-10  school days after the removal of the pupil, request that the date of

3-11  the conference be postponed. The principal shall accommodate

3-12  such a request. If the date of the conference is postponed pursuant

3-13  to this subsection, the principal shall send written notice to the

3-14  parent or legal guardian confirming that the conference has been

3-15  postponed at the request of the parent or legal guardian.

3-16      4.  If a parent or legal guardian of a pupil refuses to attend a

3-17  conference, the principal of the school shall send a written notice

3-18  to the parent or legal guardian to confirm that the parent or legal

3-19  guardian has intentionally waived the right to a conference

3-20  provided by this section and has thereby authorized the principal

3-21  at his discretion to recommend the immediate return of the

3-22  privilege of the pupil to ride the school bus or to recommend the

3-23  removal of the privilege of the pupil to ride the school bus.

3-24      5.  During the conference, the driver of the school bus who

3-25  removed the privilege of the pupil to ride the school bus or the

3-26  principal shall provide the pupil and his parent or legal guardian

3-27  with an explanation of the reason for the removal. The pupil and

3-28  his parent or legal guardian must be granted an opportunity to

3-29  respond to the explanation and to indicate whether the removal of

3-30  the privilege of the pupil to ride the school bus was appropriate in

3-31  their opinion based upon the behavior of the pupil.

3-32      6.  Upon conclusion of the conference or, if a conference is

3-33  not held pursuant to subsection 4, not later than 5 school days

3-34  after the removal of the privilege of the pupil to ride the school

3-35  bus, the principal shall recommend whether to immediately return

3-36  the privilege of the pupil to ride the school bus or to remove the

3-37  privilege of the pupil to ride the school bus.

3-38      Sec. 4.  1.  The board of trustees of each school district shall

3-39  establish a special committee on school bus transportation to

3-40  review the removal of the privilege of a pupil to ride a school bus.

3-41  Such a committee must consist of:

3-42      (a) One person employed by the school district who drives a

3-43  school bus. If an employee organization or association represents

3-44  the school bus drivers within the school district, that organization

4-1  or association shall appoint the member pursuant to this

4-2  paragraph.

4-3  (b) One person employed by the school district as an

4-4  administrator. An administrator who is appointed pursuant to this

4-5  paragraph may designate a person who is employed by the school

4-6  district as a supervisor of school bus transportation to serve in the

4-7  administrator’s place on the committee.

4-8  (c) One person employed by the school district as a teacher.

4-9  (d) One additional member who drives a school bus to serve as

4-10  an alternate member. If an employee organization or association

4-11  represents the school bus drivers within the school district, that

4-12  organization or association shall appoint the member pursuant to

4-13  this paragraph.

4-14      2.  If the privilege of a pupil to ride a school bus is removed

4-15  pursuant to section 2 of this act by a driver who is a member of the

4-16  committee established pursuant to subsection 1, the driver shall

4-17  not participate in the review of the removal of the pupil’s privilege

4-18  to ride the school bus and the alternate member shall serve on the

4-19  committee for that review.

4-20      Sec. 5.  If, in accordance with subsection 6 of section 3 of this

4-21  act, the principal recommends that the privilege of the pupil to ride

4-22  the school bus be immediately returned and the driver who

4-23  removed the pupil does not agree with the recommendation, the

4-24  principal shall immediately convene a meeting of the committee

4-25  created pursuant to section 4 of this act. The principal shall

4-26  inform the parent or legal guardian of the pupil that the

4-27  committee will be conducting a meeting. The committee shall

4-28  review the circumstances of the removal of the pupil’s privilege to

4-29  ride the school bus and the pupil’s behavior that caused the

4-30  privilege to be removed. Based upon its review, the committee shall

4-31  decide whether the privilege of the pupil to ride the school bus

4-32  must be immediately returned or whether the privilege should be

4-33  removed.

4-34      Sec. 6.  This act becomes effective on July 1, 2003.

 

4-35  H