[Rev. 3/13/2024 9:50:14 AM]

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κ2023 Statutes of Nevada, Page 697κ

 

CHAPTER 140, SB 415

Senate Bill No. 415–Committee on Judiciary

 

CHAPTER 140

 

[Approved: May 31, 2023]

 

AN ACT relating to juvenile justice; setting forth the circumstances in which a juvenile court may place a child on probation; limiting the period of time during which a juvenile court may place a child on probation; authorizing, under circumstances, a juvenile court to extend the probation of a child; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides, with certain exceptions, that a juvenile court has exclusive jurisdiction over a child who is alleged to have committed a delinquent act. (NRS 62B.330)

      Section 1 of this bill: (1) authorizes a juvenile court to place a child on probation under certain circumstances; and (2) prohibits, with certain exceptions, a juvenile court from placing a child on probation for a period of more than 18 months. Section 1 further authorizes a juvenile court to order one or more extensions of the probation of a child if the juvenile court finds, based on a preponderance of evidence presented at a hearing on the matter, that such an extension is advisable, considering the individualized case plan developed for the child. With certain exceptions, section 1 provides that no single extension of probation of a child may be for a period of more than 6 months. With certain exceptions, section 1 prohibits a juvenile court from extending the probation of any child if the extension results in the child being on probation for a total period of more than 36 months. Finally, section 1 sets forth certain requirements concerning any hearing conducted by a juvenile court relating to the extension of the probation of a child.

      Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.

 

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. Chapter 62E of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A juvenile court may place a child on probation in accordance with the provisions of this section.

      2.  The juvenile court shall consider the report prepared by the department of juvenile services pursuant to NRS 62E.506 when determining whether to place a child on probation and the period of any such probation.

      3.  Except as otherwise provided in this section or as expressly authorized by specific statute or federal law:

      (a) A juvenile court shall not place a child on probation for a period of more than 18 months for each unlawful act for which the child is adjudicated delinquent, placed under the supervision of the juvenile court pursuant to a supervision and consent decree, or placed under informal supervision. The provisions of this paragraph do not apply to a violation of probation or parole.

 


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κ2023 Statutes of Nevada, Page 698 (CHAPTER 140, SB 415)κ

 

      (b) A juvenile court may order one or more extensions of the probation of a child if the juvenile court finds, based on a preponderance of evidence presented at a hearing on the matter, that such an extension is advisable, considering the individualized case plan for the child developed pursuant to NRS 62E.507. Except as otherwise authorized by specific statute or federal law, no single extension of the probation of a child may be for a period of more than 6 months.

      (c) A juvenile court may not extend the probation of any child if the extension results in the child being on probation for a total period of more than 36 months for each unlawful act for which the child is subject to the jurisdiction of the juvenile court, unless the act relates to a violation of the conditions of probation.

      4.  A juvenile court may extend the probation of a child beyond the period prescribed by paragraph (c) of subsection 3 if the child, the parent or guardian of the child, the attorney for the child, the probation officer of the child and the district attorney agree to the extension.

      5.  Notice of any hearing by a juvenile court relating to the extension of the probation of a child must be given to the child, the parent or guardian of the child, the attorney for the child and the probation officer of the child.

      6.  At any hearing of a juvenile court relating to the extension of the probation of a child, the juvenile court must:

      (a) Allow the parties a reasonable opportunity to present evidence and testimony; and

      (b) Consider the:

             (1) Report of the probation officer of the child relating to the issue of whether the juvenile court should extend the probation of the child;

             (2) Report prepared by the department of juvenile services pursuant to NRS 62E.506; and

             (3) Individualized case plan for the child developed pursuant to NRS 62E.507.

      7.  The period of probation of a child is tolled during any period in which a writ of attachment is issued for the child pursuant to NRS 62C.010.

      8.  Notwithstanding the termination of any period of probation ordered by the juvenile court, the juvenile court retains jurisdiction in accordance with the provisions of NRS 62B.420.

      Sec. 2. NRS 62E.500 is hereby amended to read as follows:

      62E.500  1.  The provisions of NRS 62E.500 to 62E.730, inclusive [:] , and section 1 of this act:

      (a) Apply to the disposition of a case involving a child who is adjudicated delinquent.

      (b) Except as otherwise provided in NRS 62E.700 and 62E.705, do not apply to the disposition of a case involving a child who is found to have committed a minor traffic offense.

      2.  If a child is adjudicated delinquent:

      (a) The juvenile court may issue any orders or take any actions set forth in NRS 62E.500 to 62E.730, inclusive, and section 1 of this act that the juvenile court deems proper for the disposition of the case; and

      (b) If required by a specific statute, the juvenile court shall issue the appropriate orders or take the appropriate actions set forth in the statute.

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κ2023 Statutes of Nevada, Page 699κ

 

CHAPTER 141, AB 17

Assembly Bill No. 17–Committee on Judiciary

 

CHAPTER 141

 

[Approved: May 31, 2023]

 

AN ACT relating to motor vehicles; removing the requirement that a person who is convicted of driving under the influence of alcohol or a controlled substance must dress in certain distinctive garb while performing community service ordered by a court; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits a person from driving or being in actual physical control of a motor vehicle on a highway or other premises to which the public has access while under the influence of alcohol or certain controlled substances. (NRS 484C.110, 484C.120) With certain exceptions, existing law requires a court to order a person who is convicted of driving while under the influence of alcohol or a controlled substance to perform community service while dressed in distinctive garb that identifies the person as having been convicted of driving under the influence of alcohol or a controlled substance. (NRS 484C.400) This bill removes the requirement that a person must dress in such distinctive garb while performing community service.

 

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 484C.400 is hereby amended to read as follows:

      484C.400  1.  Unless a greater penalty is provided pursuant to NRS 484C.430 or 484C.440, and except as otherwise provided in NRS 484C.394 or 484C.410, a person who violates the provisions of NRS 484C.110 or 484C.120:

      (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless the person is allowed to undergo treatment as provided in NRS 484C.320, the court shall:

             (1) Except as otherwise provided in subparagraph (4) of this paragraph or subsection 3 of NRS 484C.420, order the person to pay tuition for an educational course on alcohol or other substance use disorders approved by the Department and complete the course within the time specified in the order, and the court shall notify the Department if the person fails to complete the course within the specified time;

             (2) Unless the sentence is reduced pursuant to NRS 484C.320:

                   (I) Sentence the person to imprisonment for not less than 2 days nor more than 6 months in jail or residential confinement for not less than 2 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive; or

                   (II) Order the person to perform not less than 48 hours, but not more than 96 hours, of community service ; [while dressed in distinctive garb that identifies the person as having violated the provisions of NRS 484C.110 or 484C.120;]

             (3) Fine the person not less than $400 nor more than $1,000; and

 


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κ2023 Statutes of Nevada, Page 700 (CHAPTER 141, AB 17)κ

 

             (4) If the person is found to have a concentration of alcohol of 0.18 or more in his or her blood or breath, order the person to attend a program of treatment for an alcohol or other substance use disorder pursuant to the provisions of NRS 484C.360.

      (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484C.330, the court shall:

             (1) Sentence the person to:

                   (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

                   (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

             (2) Fine the person not less than $750 nor more than $1,000, or order the person to perform an equivalent number of hours of community service ; [while dressed in distinctive garb that identifies the person as having violated the provisions of NRS 484C.110 or 484C.120;] and

             (3) Order the person to attend a program of treatment for an alcohol or other substance use disorder pursuant to the provisions of NRS 484C.360.

Κ A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.

      (c) Except as otherwise provided in NRS 484C.340, for a third offense within 7 years, is guilty of a category B felony and the court:

             (1) Shall:

                   (I) Sentence the person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; and

                   (II) Fine the person not less than $2,000 nor more than $5,000; and

             (2) May order the person to attend a program of treatment for an alcohol or other substance use disorder pursuant to the provisions of NRS 484C.360 if the results of an evaluation conducted pursuant to NRS 484C.300 indicate that the person has an alcohol or other substance use disorder and that the person can be treated successfully for his or her condition.

Κ An offender who is imprisoned pursuant to the provisions of this paragraph must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section:

      (a) When evidenced by a conviction; or

      (b) If the offense is conditionally dismissed or the judgment of conviction is set aside pursuant to NRS 176A.240, 176A.260 or 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,

Κ without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or

 


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κ2023 Statutes of Nevada, Page 701 (CHAPTER 141, AB 17)κ

 

information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      3.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484C.320 or 484C.330 and the suspension of his or her sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

      4.  Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560, 484C.410 or 485.330 must run consecutively.

      5.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      6.  For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, placed under the supervision of a treatment provider, on parole or on probation must be excluded.

      7.  As used in this section, unless the context otherwise requires, “offense” means:

      (a) A violation of NRS 484C.110, 484C.120 or 484C.430;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      Sec. 2.  This act becomes effective upon passage and approval.

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κ2023 Statutes of Nevada, Page 702κ

 

CHAPTER 142, AB 44

Assembly Bill No. 44–Committee on Government Affairs

 

CHAPTER 142

 

[Approved: May 31, 2023]

 

AN ACT relating to veterans; revising the titles of the deputy directors of the Department of Veterans Services; revising certain duties of the Director of the Department; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Veterans Services to appoint: (1) a Deputy Director for Programs and Services; and (2) a Deputy Director for Health and Wellness. (NRS 417.030) Section 1 of this bill changes the titles of the deputy directors appointed by the Director to: (1) the Deputy Director of Benefits; and (2) the Deputy Director of Healthcare Services.

      Existing law requires the Director to assist veterans, certain members presently serving in the Armed Forces of the United States and certain persons related to veterans in preparing, submitting and presenting claims against the United States and any state for adjusted compensation and other benefits to which the person is entitled. (NRS 417.090) Section 2 of this bill removes the obligation of the Director to assist such persons in preparing, submitting and presenting claims for adjusted compensation, while leaving in place the requirement that the Director assist such persons with other types of claims.

      Existing law requires the Director to ensure that each person who participates as an advocate for veterans in a volunteer program sponsored by the Department is assigned a veterans service officer employed by the Department that will offer assistance to the volunteer. (NRS 417.090) Section 2 removes that requirement and instead requires the Director to provide each such volunteer with: (1) the opportunity to participate in annual training; and (2) mentorship upon request.

      Existing law requires the Director to provide semiannual training to each veterans service officer employed by the Department. (NRS 417.090) Section 2: (1) increases the frequency of such training to quarterly; and (2) additionally requires the Director to offer such training to representatives of veterans service organizations who are accredited by the United States Department of Veterans Affairs.

 

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 417.030 is hereby amended to read as follows:

      417.030  1.  The office of Director of the Department of Veterans Services is hereby created.

      2.  The Director must be appointed by and serves at the pleasure of the Governor.

      3.  The Director shall appoint such deputy directors as are necessary to assist the Director in performing the duties prescribed in this chapter, including, without limitation, a Deputy Director [for Programs and Services] of Benefits and a Deputy Director [for Health and Wellness.] of Healthcare Services.

      4.  Any person to be eligible for appointment as the Director or the Deputy Director [for Programs and Services] of Benefits must:

 


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κ2023 Statutes of Nevada, Page 703 (CHAPTER 142, AB 44)κ

 

      (a) Be an actual and bona fide resident of the State of Nevada;

      (b) Possess an honorable discharge from some branch of the Armed Forces of the United States; and

      (c) Have at least 4 years of experience in management or administration.

      5.  Except as otherwise provided in this subsection, any person to be eligible for appointment as the Deputy Director [for Health and Wellness] of Healthcare Services must:

      (a) Be an actual and bona fide resident of the State of Nevada;

      (b) Possess an honorable discharge from some branch of the Armed Forces of the United States; and

      (c) Have at least 4 years of experience in health care management or health care administration.

Κ If no person is available for appointment who possesses all the qualifications required by this subsection, the Director may waive the qualification set forth in paragraph (b) for a person who is otherwise qualified for appointment pursuant to paragraphs (a) and (c).

      Sec. 2. NRS 417.090 is hereby amended to read as follows:

      417.090  1.  The Director shall:

      (a) Assist veterans, and those presently serving in the Armed Forces of the United States who are residents of the State of Nevada, their spouses, domestic partners, widows, widowers, children, dependents, administrators, executors and personal representatives, in preparing, submitting and presenting any claim against the United States, or any state, for [adjusted compensation,] insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which they may be entitled under the laws of the United States or of any of the states, and assist them in obtaining any aid or benefit to which they may be entitled under the laws of the United States or of any of the states.

      (b) Aid, assist, encourage and cooperate with every service organization recognized nationally or in this State insofar as the activities of such organizations are for the benefit of veterans, servicemen and servicewomen and the spouses, domestic partners, widows, widowers, children, dependents, administrators, executors or personal representatives of such veterans, servicemen and servicewomen.

      (c) Give aid, assistance and counsel to each and every problem, question and situation, individual as well as collective, affecting any veteran, serviceman or servicewoman, or their dependents, or any group of veterans, servicemen and servicewomen, when in their opinion such comes within the scope of this chapter.

      (d) Coordinate activities of veterans’ organizations.

      (e) Serve as a clearinghouse and disseminate information relating to veterans’ benefits.

      (f) Conduct any studies which will assist veterans to obtain compensation, insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which veterans may be entitled under the laws of the United States or of any state.

      (g) Aid, assist and cooperate with the office of coordinator of services for veterans created in a county pursuant to NRS 244.401.

      (h) Take possession of any abandoned or unclaimed artifacts or other property that has military or historical value for safekeeping. The Director may:

 


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κ2023 Statutes of Nevada, Page 704 (CHAPTER 142, AB 44)κ

 

             (1) Transfer such an artifact or other property to:

                   (I) The Nevada State Museum or the Nevada Historical Society, upon its written request, if the artifact or other property has, in the opinion of the requesting institution, historical value and is worthy of preservation; or

                   (II) Any other governmental agency or nonprofit entity, including, without limitation, a veterans’ organization and the United States Department of Veterans Affairs, upon its written request, if the artifact or other property was not requested by the Nevada State Museum or the Nevada Historical Society; or

             (2) Destroy or otherwise dispose of the artifact or other property.

Κ An action may not be maintained by any person against the holder or former holder of an artifact or other property because of the transfer, destruction or other disposal of the artifact or other property pursuant to this paragraph.

      (i) Develop plans and programs to assist veterans who have suffered sexual trauma while on active duty or during military training.

      (j) Create and maintain a statewide database of information relating to veterans to assist the Department in identifying and communicating with veterans and connecting veterans with benefits and opportunities for which they are eligible.

      (k) Create and maintain a registry of governmental agencies and private entities that provide services and resources to veterans, service members and their families and publish a digital copy of the registry on the Internet website maintained by the Department.

      (l) Ensure that each generation of veterans is recognized annually through a ceremony, information campaign or other form of public acknowledgment.

      (m) Establish, operate and maintain veterans’ cemeteries in this State, and may, within the limits of legislative authorization, employ personnel and purchase equipment and supplies necessary for the operation and maintenance of the cemeteries.

      (n) Establish, manage, maintain and operate veterans’ homes in this State, and may, within the limits of legislative authorization, employ personnel and purchase equipment and supplies necessary for the operation and maintenance of veterans’ homes.

      (o) If the board of county commissioners of any county makes the request required pursuant to subsection 2 of NRS 244.401, provide to the coordinator of services for veterans in the county training and certification as a veterans service officer.

      (p) If training and certification is requested pursuant to paragraph (o), submit an application, on behalf of the coordinator of services for veterans, to the United States Department of Veterans Affairs for accreditation or official recognition as a veterans service officer.

      (q) Serve as the primary public advocate for Nevada veterans.

      (r) Ensure that each person who participates as an advocate for veterans in this State in a volunteer program sponsored by the Department is [assigned to a veterans service officer employed by the Department that will offer assistance to the volunteer.] :

             (1) Offered the opportunity to participate in annual training; and

             (2) If requested by the volunteer, provided mentorship.

 


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κ2023 Statutes of Nevada, Page 705 (CHAPTER 142, AB 44)κ

 

      (s) Provide [semiannual] quarterly training to each veterans service officer employed by the Department regarding the benefits, services, programs and assistance available to veterans.

      (t) Additionally offer the quarterly training described in paragraph (s) to representatives of veterans service organizations who are accredited by the United States Department of Veterans Affairs.

      (u) Connect veterans experiencing homelessness to housing and organizations that provide support in housing and other related areas to decrease homelessness among veterans.

      [(u)](v) Create, coordinate and support programs and resources for the prevention of suicide among veterans, including, without limitation, programs and resources to increase knowledge of how to recognize the signs of a potentially suicidal veteran and resources to which veterans who are potentially suicidal may be referred.

      2.  The Director shall:

      (a) Establish an internal policy for guidance to employees of the Department regarding the transfer, destruction or other disposal of artifacts and other property pursuant to paragraph (h) of subsection 1; and

      (b) Post the policy on the Internet website maintained by the Department.

      Sec. 3.  This act becomes effective on July 1, 2023.

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CHAPTER 143, AB 91

Assembly Bill No. 91–Assemblyman DeLong

 

CHAPTER 143

 

[Approved: May 31, 2023]

 

AN ACT relating to water; revising provisions relating to sinking or boring certain wells for water already appropriated; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a person to submit an application for a permit to change the place of diversion of water already appropriated. (NRS 533.325-533.345) Existing law provides an exception for a person to sink or bore a replacement well without submitting such an application for a permit if: (1) both the original site of the well and the site of the replacement well are located on property owned by the same person for whom the water has already been appropriated; and (2) the site of the replacement well is located not more than 300 feet from the original place of diversion described on the permit to appropriate water. (NRS 534.065) This bill: (1) expands the exception for a person to sink or bore a replacement well without submitting an application for a permit if both the original site of the well and the site of the replacement well are on public lands; and (2) requires the site of the replacement well to be located anywhere on public lands or on the property of the person who holds the permit to appropriate water that is not more than 300 feet from the original place of diversion described on the permit to appropriate water. This bill further requires a person who is seeking to sink or bore a replacement well on public lands to notify any relevant federal agency that is charged with administering such public lands and to comply with all applicable federal laws.

 


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κ2023 Statutes of Nevada, Page 706 (CHAPTER 143, AB 91)κ

 

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 534.065 is hereby amended to read as follows:

      534.065  1.  If a person is seeking to sink or bore a replacement well to divert groundwater already appropriated and:

      (a) The original site of the well and the site of the replacement well are on public lands or on property owned by the same person for whom the groundwater has already been appropriated; and

      (b) The site of the replacement well is located not more than 300 feet from the original place of diversion described on the permit to appropriate water,

Κ the person is not required to file an application to change the place of diversion pursuant to NRS 533.345.

      2.  If a change to the site of a replacement well meets the requirements of subsection 1, the site of the replacement well must be located anywhere on public lands or on the property of the person who holds the permit to appropriate water that is not more than 300 feet from the original place of diversion described on the permit to appropriate water.

      3.  The person who holds the permit to appropriate water must:

      (a) Record the site of the replacement well in the office of the county recorder of each county in which the water is applied to beneficial use and in each county in which the water is diverted from its natural source; and

      (b) Inform the State Engineer of the site of the replacement well.

Κ Compliance with the provisions of this subsection shall be deemed to impart notice of the site of the replacement well to all persons.

      4.  If a person is seeking to sink or bore a replacement well on public lands, the person must notify any relevant federal agency that is charged with administering such public lands and comply with all applicable federal laws.

      5.  As used in this section, “public lands” has the meaning ascribed to it in NRS 408.078.

      Sec. 2.  This act becomes effective on July 1, 2023.

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κ2023 Statutes of Nevada, Page 707κ

 

CHAPTER 144, AB 159

Assembly Bill No. 159–Assemblymen O’Neill, Dickman, Kasama, Considine, Hardy; Anderson, DeLong, Gallant, Gray, Gurr, Hansen and Hibbetts

 

CHAPTER 144

 

[Approved: May 31, 2023]

 

AN ACT relating to offenders; adding certain offenses relating to cruelty to animals to the list of offenses for which credits earned by offenders may not be deducted from the minimum term or the minimum aggregate term imposed by a sentence; adding certain offenses relating to cruelty to animals to the list of offenses for which a court may not defer judgment; revising the maximum period for which a court may set or extend probation or suspension of a sentence for certain offenses; adding certain offenses relating to cruelty to animals to the list of offenses a person must not be convicted of to be eligible for a petition for early discharge; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that under certain circumstances an offender may earn credits to reduce his or her sentence of imprisonment, which must be deducted from the maximum term or the maximum aggregate term imposed by a sentence. For certain offenders, credits must also be deducted from the minimum term or minimum aggregate term imposed by a sentence and apply to eligibility for parole. However, credits earned by offenders convicted of certain offenses may not be deducted from the minimum term or the minimum aggregate term imposed by a sentence. (NRS 209.4465) Section 1 of this bill adds certain offenses relating to cruelty to animals to the list of offenses for which credits earned by offenders may not be deducted from the minimum term or the minimum aggregate term imposed by a sentence.

      Existing law provides that a court may defer judgment on a case under certain circumstances. However, the court may not defer judgment for offenders who have been convicted of certain crimes. (NRS 176.211) Section 2 of this bill adds certain offenses relating to cruelty to animals to the list of offenses for which the court may not defer judgment.

      Existing law establishes a maximum period of probation or suspension of a sentence for certain crimes, based generally upon the severity of the crime. (NRS 176A.500) Section 3 of this bill sets the maximum period of probation or suspension of sentence for certain offenses relating to cruelty to animals at 60 months.

      Existing law requires the Division of Parole and Probation of the Department of Public Safety to petition a court to recommend the early discharge of a person from probation, unless the person has been convicted of certain violent or sexual offenses. (NRS 176A.840) Section 4 of this bill adds certain offenses relating to cruelty to animals to the list of offenses for which a person must not have been convicted in order to be eligible for such early discharge from probation.

 

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 209.4465 is hereby amended to read as follows:

      209.4465  1.  An offender who is sentenced to prison for a crime committed on or after July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his or her residential confinement or the laws of the State recorded against the offender, and who performs in a faithful, orderly and peaceable manner the duties assigned to the offender, must be allowed:

 


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κ2023 Statutes of Nevada, Page 708 (CHAPTER 144, AB 159)κ

 

regulations of the Department, the terms and conditions of his or her residential confinement or the laws of the State recorded against the offender, and who performs in a faithful, orderly and peaceable manner the duties assigned to the offender, must be allowed:

      (a) For the period the offender is actually incarcerated pursuant to his or her sentence;

      (b) For the period the offender is in residential confinement; and

      (c) For the period the offender is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888,

Κ a deduction of 20 days from his or her sentence for each month the offender serves.

      2.  In addition to the credits allowed pursuant to subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:

      (a) For earning a general educational development certificate or an equivalent document, 60 days.

      (b) For earning a high school diploma, 90 days.

      (c) For earning his or her first associate degree, 120 days.

      3.  The Director may, in his or her discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.

      4.  The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, program for reentry of offenders and parolees into the community, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 30 days of credit each month that is allowed pursuant to subsections 1 and 2.

      5.  The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.

      6.  The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.

      7.  Except as otherwise provided in subsections 8 and 9, credits earned pursuant to this section:

      (a) Must be deducted from the maximum term or the maximum aggregate term imposed by the sentence, as applicable; and

      (b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.

      8.  Credits earned pursuant to this section by an offender who has not been convicted of:

      (a) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim;

      (b) A sexual offense that is punishable as a felony;

      (c) A violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430 that is punishable as a felony; [or]

      (d) A category A or B felony [,] ; or

      (e) A violation of NRS 574.100 that is punishable pursuant to subsection 6 of that section,

 


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Κ apply to eligibility for parole and, except as otherwise provided in subsection 9, must be deducted from the minimum term or the minimum aggregate term imposed by the sentence, as applicable, until the offender becomes eligible for parole and must be deducted from the maximum term or the maximum aggregate term imposed by the sentence, as applicable.

      9.  Credits deducted pursuant to subsection 8 may reduce the minimum term or the minimum aggregate term imposed by the sentence, as applicable, by not more than 58 percent for an offender who:

      (a) Is serving a sentence for an offense committed on or after July 1, 2014; or

      (b) On or after July 1, 2014, makes an irrevocable election to have his or her consecutive sentences aggregated pursuant to NRS 213.1212.

      10.  In addition to the credits allowed pursuant to this section, if the Governor determines, by executive order, that it is necessary, the Governor may authorize the deduction of not more than 5 days from a sentence for each month an offender serves. This subsection must be uniformly applied to all offenders under a sentence at the time the Governor makes such a determination.

      Sec. 2. NRS 176.211 is hereby amended to read as follows:

      176.211  1.  Except as otherwise provided in this subsection, upon a plea of guilty, guilty but mentally ill or nolo contendere, but before a judgment of guilt, the court may, without entering a judgment of guilt and with the consent of the defendant, defer judgment on the case to a specified future date and set forth specific terms and conditions for the defendant. The duration of the deferral period must not exceed the applicable period set forth in subsection 1 of NRS 176A.500 or the extension of the period pursuant to subsection 2 of NRS 176A.500. The court may not defer judgment pursuant to this subsection if the defendant has entered into a plea agreement with a prosecuting attorney unless the plea agreement allows the deferral.

      2.  The terms and conditions set forth for the defendant during the deferral period may include, without limitation, the:

      (a) Payment of restitution;

      (b) Payment of court costs;

      (c) Payment of an assessment in lieu of any fine authorized by law for the offense;

      (d) Payment of any other assessment or cost authorized by law;

      (e) Completion of a term of community service;

      (f) Placement on probation pursuant to NRS 176A.500 and the ordering of any conditions which can be imposed for probation pursuant to NRS 176A.400; or

      (g) Completion of a specialty court program.

      3.  The court:

      (a) Upon the consent of the defendant:

             (1) Shall defer judgment for any defendant who has entered a plea of guilty, guilty but mentally ill or nolo contendere to a violation of paragraph (a) of subsection 2 of NRS 453.336; or

             (2) May defer judgment for any defendant who is placed in a specialty court program. The court may extend any deferral period for not more than 12 months to allow for the completion of a specialty court program.

      (b) Shall not defer judgment for any defendant who has been convicted of a violent or sexual offense as defined in NRS 202.876, a crime against a child as defined in NRS 179D.0357 , [or] a violation of NRS 200.508 [.]

 


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child as defined in NRS 179D.0357 , [or] a violation of NRS 200.508 [.] or a violation of NRS 574.100 that is punishable pursuant to subsection 6 of that section.

      4.  Upon violation of a term or condition:

      (a) Except as otherwise provided in paragraph (b):

             (1) The court may enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged.

             (2) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

      (b) If the defendant has been placed in the program for a first or second violation of paragraph (a) of subsection 2 of NRS 453.336, the court may allow the defendant to continue to participate in the program or terminate the participation of the defendant in the program. If the court terminates the participation of the defendant in the program, the court shall allow the defendant to withdraw his or her plea.

      5.  Upon completion of the terms and conditions of the deferred judgment, and upon a finding by the court that the terms and conditions have been met, the court shall discharge the defendant and dismiss the proceedings. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information.

      6.  The court shall order sealed all documents, papers and exhibits in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the defendant fulfills the terms and conditions imposed by the court and the Division. The court shall order those records sealed without a hearing unless the Division or the prosecutor petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

      7.  If the court orders sealed the record of a defendant discharged pursuant to this section, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

      8.  As used in this section:

      (a) “Court” means a district court of the State of Nevada.

      (b) “Specialty court program” has the meaning ascribed to it in NRS 176A.065.

      Sec. 3. NRS 176A.500 is hereby amended to read as follows:

      176A.500  1.  Except as otherwise provided in subsection 2, the period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court, but the period, including any extensions thereof, must not be more than:

 


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      (a) Twelve months for a:

             (1) Gross misdemeanor; or

             (2) Suspension of sentence pursuant to NRS 176A.240, 176A.260, 176A.290 or 453.3363;

      (b) Eighteen months for a category E felony;

      (c) Twenty-four months for a category C or D felony;

      (d) Thirty-six months for a category B felony; or

      (e) Notwithstanding the provisions of paragraphs (a) to (d), inclusive, 60 months for a violent or sexual offense as defined in NRS 202.876 , [or] a violation of NRS 200.508 [.] or a violation of NRS 574.100 that is punishable pursuant to subsection 6 of that section.

      2.  The court may extend the period of probation or suspension of sentence ordered pursuant to subsection 1 for a period of not more than 12 months if such an extension is necessary for the defendant to complete his or her participation in a specialty court program.

      3.  At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as otherwise provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is cancelled or probation is reinstated, the court may include any amount of that time as part of the period of probation.

      4.  Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving the probationer a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as otherwise provided in subsection 5, the parole and probation officer or the peace officer, after making an arrest, shall present to the detaining authorities, if any, a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention or residential confinement of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.

      5.  A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person the officer arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.

      6.  A person who is sentenced to serve a period of probation for a felony or a gross misdemeanor must be allowed for the period of the probation a deduction of:

      (a) Ten days from that period for each month the person serves and is current with any fee to defray the costs of his or her supervision charged by the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 213.1076 and with any payment of restitution ordered by the court, including, without limitation, any payment of restitution required pursuant to NRS 176A.430. A person shall be deemed to be current with any such fee and payment of restitution for any given month if, during that month, the person makes at least the minimum monthly payment established by the court or, if the court does not establish a minimum monthly payment, by the Division.

 


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month, the person makes at least the minimum monthly payment established by the court or, if the court does not establish a minimum monthly payment, by the Division.

      (b) Except as otherwise provided in subsection 8, 10 days from that period for each month the person serves and is actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division.

      7.  A person must be allowed a deduction pursuant to paragraph (a) or (b) of subsection 6 regardless of whether the person has satisfied the requirements of the other paragraph and must be allowed a deduction pursuant to paragraphs (a) and (b) of subsection 6 if the person has satisfied the requirements of both paragraphs of that subsection.

      8.  A person who is sentenced to serve a period of probation for a felony or a gross misdemeanor and who is a participant in a specialty court program must be allowed a deduction from the period of probation for being actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division only if the person successfully completes the specialty court program. Such a deduction must not exceed the length of time remaining on the person’s period of probation.

      Sec. 4. NRS 176A.840 is hereby amended to read as follows:

      176A.840  1.  The Division shall petition the court to recommend the early discharge of a person from probation if the person:

      (a) Has not violated any condition of probation during the immediately preceding 12 months;

      (b) Is current with any fee to defray the costs of his or her supervision charged by the Division pursuant to NRS 213.1076;

      (c) Has paid restitution in full or, because of economic hardship that is verified by the Division, has been unable to make restitution as ordered by the court;

      (d) Has completed any program of substance use treatment or mental health treatment or a specialty court program as mandated by the court or the Division; and

      (e) Has not been convicted of a violent or sexual offense as defined in NRS 202.876 , [or] a violation of NRS 200.508 [.] or a violation of NRS 574.100 that is punishable pursuant to subsection 6 of that section.

      2.  This section must not be construed to prohibit the court from allowing the early discharge of a person from probation if the person does not meet the requirements set forth in subsection 1.

      Sec. 5.  The amendatory provisions of this act apply prospectively to offenses committed on or after the effective date of this act for all purposes, including, without limitation, the purpose of calculating credits earned by a person pursuant to NRS 209.4465, as amended by section 1 of this act.

      Sec. 6.  This act becomes effective upon passage and approval.

________

 


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CHAPTER 145, SB 298

Senate Bill No. 298–Committee on Health and Human Services

 

CHAPTER 145

 

[Approved: May 31, 2023]

 

AN ACT relating to residential facilities for groups; prescribing certain grounds for disciplinary action against a residential facility for groups; prohibiting certain persons from serving as the representative of a resident of a residential facility for groups for purposes relating to an involuntary discharge; imposing requirements governing certain contracts between a resident and a residential facility for groups; prohibiting the involuntary discharge of a resident of a residential facility for groups except for certain reasons; imposing requirements governing the procedure for such an involuntary discharge; requiring the State Long-Term Care Ombudsman to provide certain assistance concerning such a discharge; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal regulations require a state to ensure that providers of home and community-based services in a provider-owned or controlled residential setting, which includes a residential facility for groups, provide protections from eviction for residents that are comparable to protections provided under state landlord tenant law. (42 C.F.R. § 441.530(a)(1)(vi)(A)) Existing law defines a “residential facility for groups” as an establishment that furnishes food, overnight shelter, assistance and limited supervision to persons with an intellectual or physical disability or persons who are aged or infirm. (NRS 449.017) At least 30 days before involuntarily discharging a resident of a residential facility for groups, existing law requires the residential facility for groups to provide the resident and the State Long-Term Care Ombudsman with written notice of the intent to discharge the resident. Existing law also requires a residential facility for groups to allow the resident and any person authorized by the resident to meet in person with the administrator of the facility to discuss the proposed discharge within 10 days after providing written notice of the proposed discharge. (NRS 449A.114) Sections 2-7 of this bill define certain terms relating to residential facilities for groups. Section 8 of this bill prohibits the owner, agent or employee of a residential facility for groups or a provider of health care from acting as the representative of a resident in matters concerning the involuntary discharge of the resident, unless the person is related to the resident. Section 9 of this bill requires a contract between a resident and a residential facility for groups for the delivery of services to include certain information. Section 10 of this bill prohibits the transfer or involuntary discharge of a resident from a residential facility for groups except: (1) for certain reasons relating to the condition of the resident and the ability of the facility to meet his or her needs; (2) if the health or safety of the resident or another resident is endangered; (3) for a failure to pay contracted charges; or (4) if the facility ceases to operate. Section 10 requires a residential facility for groups to: (1) provide certain additional notice before involuntarily discharging a resident for failure to pay contracted charges; and (2) attempt to resolve any issues that might result in the involuntary discharge of a resident before discharging the resident. Section 11 of this bill prescribes the required contents of a written notice of intent to discharge a resident. Section 11 also requires a residential facility for groups to provide a resident or a representative of the resident with written notice of the location of a proposed discharge not later than 10 days after providing notice of the proposed discharge.

      Section 12 of this bill requires a residential facility for groups to provide certain assistance concerning the discharge and relocation of a resident. Except in an emergency, section 12 also requires a residential facility for groups to involve a resident and his or her representative in planning for the discharge of the resident and allow the resident or his or her representative to choose among available alternative placements.

 


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resident or his or her representative to choose among available alternative placements. Section 12 requires any emergency placement to be temporary and prohibits a residential facility for groups from requiring a resident to remain in any placement.

      Sections 1 and 19 of this bill authorize the imposition of disciplinary action against a residential facility for groups that violates the provisions of sections 4-12 of this bill and certain provisions of existing law concerning the rights of residents or the administrator of such a facility who aids or abets in such a violation. Section 12 provides that a residential facility for groups is not subject to disciplinary action for an emergency transfer or discharge under certain circumstances.

      Section 15 of this bill makes a conforming change to indicate the proper placement of section 3 of this bill in the Nevada Revised Statutes. Section 16 of this bill makes conforming changes to revise certain terminology.

      Section 18 of this bill authorizes the State Long-Term Care Ombudsman to offer assistance to a residential facility for groups, a resident and his or her representative in planning for the discharge and relocation of the resident from the facility.

 

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 449.160 is hereby amended to read as follows:

      449.160  1.  The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 , [or] 449.029 to 449.245, inclusive, or 449A.100 to 449A.124, inclusive, and sections 4 to 12, inclusive, of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.

      (b) Aiding, abetting or permitting the commission of any illegal act.

      (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.

      (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.

      (f) Failure to comply with the provisions of NRS 441A.315 and any regulations adopted pursuant thereto or NRS 449.2486.

      (g) Violation of the provisions of NRS 458.112.

      2.  In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

      (a) Is convicted of violating any of the provisions of NRS 202.470;

      (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

      (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

      3.  The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2.

 


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a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:

      (a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;

      (b) A report of any investigation conducted with respect to the complaint; and

      (c) A report of any disciplinary action taken against the facility.

Κ The facility shall make the information available to the public pursuant to NRS 449.2486.

      4.  On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and

      (b) Any disciplinary actions taken by the Division pursuant to subsection 2.

      Sec. 2. Chapter 449A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 14, inclusive, of this act.

      Sec. 3. “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 4. As used in sections 4 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5, 6 and 7 of this act have the meanings ascribed to them in those sections.

      Sec. 5. “Emergency” means circumstances where there is an imminent danger of death or serious physical harm to a resident.

      Sec. 6. “Representative of the resident” means a natural person who is designated in writing by a resident to be his or her representative. The term includes, without limitation, a person given power of attorney to make decisions concerning health care for the resident pursuant to NRS 162A.700 to 162A.870, inclusive, or a person appointed as a guardian of the resident under the provisions of chapter 159 of NRS.

      Sec. 7. “Resident” means a natural person who resides in a residential facility for groups.

      Sec. 8. The owner, agent or employee of a residential facility for groups or a provider of health care must not serve as the representative of a resident for the purposes of sections 4 to 12, inclusive, of this act unless the owner, agent, employee or provider is related to the resident by consanguinity or affinity within the third degree.

      Sec. 9. A contract between a resident and a residential facility for groups for the delivery of services to the resident must:

      1.  Be entitled “Service Delivery Contract for Residential Facility for Groups”;

      2.  Be printed in at least 12 point type; and

      3.  Include, without limitation, the following information in the body of the contract or in a supporting document or attachment:

      (a) The name, physical address and mailing address, if different, of the residential facility for groups;

      (b) The name and mailing address of every person, partnership, association or corporation which establishes, conducts, manages or operates the residential facility for groups;

      (c) The name and address of at least one person who is authorized to accept service on behalf of the parties described in paragraph (b);

 


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      (d) A telephone number or the address of the Internet website of:

             (1) The Division that the resident or a representative of the resident may use to verify the status of the license of the residential facility for groups; and

             (2) Each licensing board or other regulatory body that has issued a license to a provider of health care or other person required to be licensed who provides services to residents at the residential facility for groups that the resident or a representative of the resident may use to verify the status of the license of the provider of health care or other person;

      (e) The duration of the contract;

      (f) The manner in which the contract may be modified, amended or terminated;

      (g) The base rate to be paid by the resident and a description of the services to be provided as part of the base rate;

      (h) A fee schedule outlining the cost of any additional services;

      (i) Any additional fee to be paid by the resident pursuant to the fee schedule and a description of any additional services to be provided as part of that fee, either directly by the residential facility for groups or by a third-party provider of services under contract with the facility;

      (j) A statement affirming the freedom of the resident to receive services from a provider of services with whom the residential facility for groups does not have a contractual arrangement, which may also disclaim liability on the part of the residential facility for groups for any such services;

      (k) The procedures and requirements for billing and payment under the contract;

      (l) A statement detailing the criteria and procedures for admission, management of risk and termination of residency;

      (m) The obligations of the resident in order to maintain residency and receive services, including, without limitation, compliance with the annual physical examination and assessment required by NRS 449.1845;

      (n) A description of the process of the residential facility for groups for resolving the complaints of residents and contact information for the Aging and Disability Services Division and the Division of Public and Behavioral Health of the Department of Health and Human Services;

      (o) The name and mailing address of any representative of the resident, if applicable; and

      (p) Contact information for:

             (1) The State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125;

             (2) The Nevada Disability Advocacy and Law Center, or its successor organization; or

             (3) Other resources for legal aid or mental health assistance, as appropriate.

      Sec. 10. 1.  A residential facility for groups shall not transfer or involuntarily discharge a resident except where:

      (a) The health of the resident has improved sufficiently such that the resident no longer needs the services provided by the residential facility for groups;

      (b) The health or safety of any person in the residential facility for groups is endangered;

      (c) The resident has failed, after notice has been provided pursuant to subsection 2, to pay for contracted charges for a residency at or a service provided by the residential facility for groups;

 


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      (d) The services available to the resident at the residential facility for groups are no longer adequate to meet the needs of the resident, as determined using information from the annual physical examination and assessment conducted pursuant to NRS 449.1845; or

      (e) The residential facility for groups ceases to operate.

      2.  At least 30 days before providing notice of intent to discharge a resident for failure to pay contracted charges pursuant to NRS 449A.114, a residential facility for groups shall notify the resident and any representative of the resident in writing of the delinquency. The facility shall allow the resident or his or her representative, as applicable, at least 15 days after such notice is provided to cure the delinquency.

      3.  Except as otherwise provided in this subsection, a residential facility for groups shall attempt to resolve with the resident or the representative of the resident, if applicable, any circumstances that, if not remedied, have the potential to result in an involuntary discharge of the resident. The facility shall document any such attempt in the file of the resident. All attempts at resolution pursuant to this subsection must occur before the resident is discharged, but may occur before or after the provision of notice pursuant to NRS 449A.114. A residential facility for groups is not required to comply with the requirements of this subsection in an emergency.

      4.  A residential facility for groups shall not transfer or involuntarily discharge a resident if such transfer or discharge presents an imminent danger of death to the resident.

      Sec. 11. 1.  Written notice of the intent of a residential facility for groups to discharge a resident provided pursuant to NRS 449A.114 must, in addition to the persons described in that section, be provided to the representative of the patient, where applicable, and must include, without limitation:

      (a) The reason for the proposed discharge; and

      (b) The date of the proposed discharge.

      2.  Except as otherwise provided in this subsection, written notice of the intent of a residential facility for groups to discharge a resident pursuant to NRS 449A.114 must be provided to a resident in a language that the resident or the representative of the resident, if applicable, is capable of reading. If the written notice is not provided in such a language, the facility must provide a translator who has been trained to assist the resident or the representative of the resident, if applicable, in the appeal process.

      3.  A residential facility for groups shall provide to a resident or a representative of the resident written notice of the location of the discharge of the resident not later than 10 days after providing written notice of the proposed intent to discharge the resident pursuant to NRS 449A.114.

      Sec. 12. 1.  Before discharging a resident, a residential facility for groups shall offer assistance to the resident and any representative of the resident concerning the discharge and relocation of the resident. Such assistance must include, without limitation, information on available alternative placements.

      2.  Except in an emergency, a residential facility for groups shall involve a resident and his or her representative, if applicable, in planning the relocation of the resident and allow the resident or his or her representative to choose among the available alternative placements. Any emergency placement must be temporary and must terminate when the resident or his or her representative is able to offer input on the final decision concerning the placement of the resident.

 


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resident or his or her representative is able to offer input on the final decision concerning the placement of the resident. A residential facility for groups shall not require a resident to remain in a temporary or permanent placement.

      3.  In nonemergency situations, and where possible in an emergency, a residential facility for groups that transfers or discharges a resident shall, in consultation with the resident and his or her representative, if applicable, design and implement a transition plan in advance of the transfer or discharge.

      4.  A residential facility for groups is not in violation of this section or subject to disciplinary action if:

      (a) A resident returns to the facility after an emergency transfer or discharge; and

      (b) The emergency transfer or discharge was necessary to address health care needs of the resident which are outside the scope of care that the facility is legally authorized to provide.

      Secs. 13 and 14.  (Deleted by amendment.)

      Sec. 15. NRS 449A.001 is hereby amended to read as follows:

      449A.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449A.007 to 449A.081, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

      Sec. 16. NRS 449A.114 is hereby amended to read as follows:

      449A.114  1.  Except as otherwise provided in subsection 2, before a facility for intermediate care, facility for skilled nursing or residential facility for groups transfers a patient to another medical facility or facility for the dependent or discharges the patient or resident from the facility, the facility shall:

      (a) At least 30 calendar days before transferring or discharging the patient, provide the patient and the Ombudsman with written notice of the intent to transfer or discharge the patient; and

      (b) Within 10 calendar days after providing written notice to the patient or resident and the Ombudsman pursuant to paragraph (a), allow the patient and any person authorized by the patient the opportunity to meet in person with the administrator of the facility to discuss the proposed transfer or discharge.

      2.  The provisions of this section do not apply to:

      (a) A voluntary discharge or transfer of a patient to another medical facility or facility for the dependent at the request of the patient; or

      (b) The transfer of a patient to another facility because the condition of the patient necessitates an immediate transfer to a facility for a higher level of care.

      3.  As used in this section:

      (a) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038.

      (b) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

      (c) “Ombudsman” means the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125.

      [(d) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.]

      Sec. 17. (Deleted by amendment.)

 


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κ2023 Statutes of Nevada, Page 719 (CHAPTER 145, SB 298)κ

 

      Sec. 18. NRS 427A.125 is hereby amended to read as follows:

      427A.125  1.  The Office of the State Long-Term Care Ombudsman is hereby created within the Division.

      2.  The Administrator shall appoint the State Long-Term Care Ombudsman to advocate for the protection of the health, safety, welfare and rights of recipients. The Ombudsman is in the classified service of the State. The Ombudsman shall, under direction of the Administrator:

      (a) Train advocates to:

             (1) Receive, investigate and attempt to resolve complaints made by or on behalf of recipients.

             (2) Investigate acts, practices, policies or procedures of any facility for long-term care, day care center, facility for long-term rehabilitation or provider of living arrangement services or any governmental agency which relates to such care or services and may adversely affect the health, safety, welfare or civil rights of recipients and report the results of the investigations to the Ombudsman and the Administrator.

             (3) Record and analyze information and complaints about facilities for long-term care, day care centers, facilities for long-term rehabilitation and providers of living arrangement services to identify problems affecting recipients to whom they provide services.

             (4) Provide for the support and development of recipient and family councils to protect the well-being and rights of recipients.

             (5) Assist facilities for long-term care, day care centers, facilities for long-term rehabilitation and providers of living arrangement services to provide services to recipients in the manner set forth in paragraph (b).

      (b) Develop a course of training to be made available to officers, directors and employees of a facility for long-term care, a day care center, a facility for long-term rehabilitation or a provider of living arrangement services to encourage such facilities and providers to provide services to recipients in a manner that allows the recipients to follow their own routine and make their own decisions concerning the daily activities in which to participate. The course must also provide information concerning how to provide services in that manner.

      (c) Coordinate services within the Department which may affect recipients and prospective recipients to ensure that such services are made available to eligible persons.

      (d) Provide information to interested persons and to the general public concerning the functions and activities of the Ombudsman.

      (e) Report annually to the Administrator.

      3.  The Ombudsman may:

      (a) Analyze, provide comment on and monitor the development and implementation of any federal, state or local governmental action, activity or program that relates to the protection of the health, safety, welfare and rights of recipients; [and]

      (b) Recommend changes to any federal, state or local governmental action, activity or program described in paragraph (a) without the prior approval of the Administrator [.] ; and

      (c) Offer assistance to a residential facility for groups, a resident and any representative of the resident in planning for the discharge and relocation of the resident pursuant to section 12 of this act in order to assure the safe and orderly transition of the resident and to protect the health, safety, welfare and rights of the resident. As used in this paragraph:

 


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κ2023 Statutes of Nevada, Page 720 (CHAPTER 145, SB 298)κ

 

             (1) “Representative of the resident” has the meaning ascribed to it in section 6 of this act.

             (2) “Resident” has the meaning ascribed to it in section 7 of this act.

             (3) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 19. NRS 654.190 is hereby amended to read as follows:

      654.190  1.  The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any licensee who:

      (a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.

      (b) Has obtained his or her license by the use of fraud or deceit.

      (c) Violates any of the provisions of this chapter.

      (d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, or 449A.100 to 449A.124, inclusive, and sections 4 to 12, inclusive, of this act, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

      (e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.

      (f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the licensee and the patient or resident for the financial or other gain of the licensee.

      2.  If a licensee requests a hearing pursuant to subsection 1, the Board shall give the licensee written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.

      3.  The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.

      4.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      5.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

      Sec. 20. 1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 19, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On January 1, 2024, for all other purposes.

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κ2023 Statutes of Nevada, Page 721κ

 

CHAPTER 146, SB 153

Senate Bill No. 153–Senators Scheible, D. Harris, Spearman; Flores and Neal

 

Joint Sponsors: Assemblywomen Gonzαlez and Peters

 

CHAPTER 146

 

[Approved: May 31, 2023]

 

AN ACT relating to corrections; requiring the Director of the Department of Corrections to adopt regulations prescribing certain standards concerning offenders who are transgender, gender non-conforming, gender non-binary and intersex; requiring a program of facility training for correctional staff to include training in cultural competency for interacting with offenders who are transgender, gender non-conforming, gender non-binary and intersex; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Corrections, with the approval of the Board of State Prison Commissioners, to establish regulations governing the custody and care of offenders. (NRS 209.131) Section 6 of this bill requires the Director, with the approval of the Board of State Prison Commissioners, to also adopt regulations prescribing standards in each institution and facility of the Department for the supervision, custody, care, security, housing and medical and mental health treatment of offenders who are transgender, gender non-conforming, gender non-binary and intersex.

      Existing law authorizes the Director to develop and implement a program of facility training, which includes certain training and courses for the correctional staff in each institution and facility of the Department. (NRS 209.1315) Section 8 of this bill adds training in cultural competency for interacting with offenders who are transgender, gender non-conforming, gender non-binary and intersex to the list of training and courses constituting a program of facility training.

      Sections 2-5 of this bill define the terms “gender non-binary,” “gender non-conforming,” “intersex” and “transgender” for the purposes of adopting regulations and developing and implementing a program of facility training. Section 7 of this bill makes a conforming change to indicate the proper placement of sections 2-5 within the Nevada Revised Statutes.

      Section 9 of this bill requires the Director to adopt any regulations which are required by or necessary to carry out the provisions of this bill on or before January 1, 2024.

 

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. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. “Gender non-binary” means a person whose gender identity does not conform to the traditional gender binary of male and female.

      Sec. 3. “Gender non-conforming” means a person whose gender characteristics or behaviors do not conform to those characteristics or behaviors traditionally associated with the biological sex of the person.

 


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κ2023 Statutes of Nevada, Page 722 (CHAPTER 146, SB 153)κ

 

      Sec. 4. “Intersex” means a condition in which a person is born with external genitals, internal reproductive organs, chromosome patterns or an endocrine system that does not conform to the traditional gender binary of male or female.

      Sec. 5. “Transgender” means a person whose gender identity or expression differs from the sex assigned to the person at birth.

      Sec. 6. The Director shall, with the approval of the Board, adopt regulations prescribing standards in each institution and facility of the Department for the supervision, custody, care, security, housing and medical and mental health treatment of offenders who are transgender, gender non-conforming, gender non-binary and intersex. The regulations must:

      1.  Apply the generally accepted standards of care and best practices for the supervision, custody, care, security, housing and medical and mental health treatment of offenders who are transgender, gender non-conforming, gender non-binary and intersex;

      2.  Use respectful language and currently accepted terminology that accounts for and protects the rights of offenders who are transgender, gender non-conforming, gender non-binary and intersex; and

      3.  Prohibit the discrimination of offenders who are transgender, gender non-conforming, gender non-binary and intersex.

      Sec. 7. NRS 209.011 is hereby amended to read as follows:

      209.011  As used in this chapter, unless the context otherwise requires, the terms defined in NRS 209.021 to 209.085, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 8. NRS 209.1315 is hereby amended to read as follows:

      209.1315  The Director may continue to develop and implement, in each institution and facility of the Department, a program of facility training for the correctional staff. Such training must include:

      1.  Training in evidence-based practices, including, without limitation, principles of effective intervention, effective case management and core correctional practices . [; and]

      2.  Courses on interacting with victims of domestic violence and trauma and people with behavioral health needs and both physical and intellectual disabilities.

      3.  Training in cultural competency for interacting with offenders who are transgender, gender non-conforming, gender non-binary and intersex.

      Sec. 9.  The Director of the Department of Corrections shall, on or before January 1, 2024, adopt any regulations which are required by or necessary to carry out the provisions of this act.

      Sec. 10.  This act becomes effective upon passage and approval.

________

 


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κ2023 Statutes of Nevada, Page 723κ

 

CHAPTER 147, SB 503

Senate Bill No. 503–Committee on Finance

 

CHAPTER 147

 

[Approved: May 31, 2023]

 

AN ACT relating to education; ensuring sufficient funding for K-12 public education for the 2023-2025 biennium; apportioning the State Education Fund for the 2023-2025 biennium; authorizing certain expenditures; making appropriations relating to base per pupil funding, weighted funding and other educational purposes; revising provisions relating to at-risk pupils; and providing other matters properly relating thereto.

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.  1.  The total public support for school districts, charter schools and university schools for profoundly gifted pupils for Fiscal Year 2023-2024 is an estimated average of $12,863 per pupil.

      2.  As used in this section, “total public support” includes all money appropriated directly for the support of the public schools in this State, including, without limitation, the statewide base per pupil funding amount, adjusted base per pupil funding, additional weighted funding and all money appropriated for a specific program or purpose in support of the public schools, and all other money projected to be received for the support of the public schools from taxes, fees and other revenues authorized by state law, excluding any money provided by the Federal Government directly to a public school or school district or otherwise provided on a one-time basis in response to an emergency.

      Sec. 2.  1.  The total public support for school districts, charter schools and university schools for profoundly gifted pupils for Fiscal Year 2024-2025 is an estimated average of $13,368 per pupil.

      2.  As used in this section, “total public support” includes all money appropriated directly for the support of the public schools in this State, including, without limitation, the statewide base per pupil funding amount, adjusted base per pupil funding, additional weighted funding and all money appropriated for a specific program or purpose in support of the public schools, and all other money projected to be received for the support of the public schools from taxes, fees and other revenues authorized by state law, excluding any money provided by the Federal Government directly to a public school or school district or otherwise provided on a one-time basis in response to an emergency.

      Sec. 3.  1.  There is hereby appropriated from the State General Fund to the Pupil-Centered Funding Plan Account in the State Education Fund:

For the Fiscal Year 2023-2024......................................... $1,137,995,964

For the Fiscal Year 2024-2025......................................... $1,487,995,964

      2.  The Legislature declares that the money appropriated by this section is sufficient, when combined with other money reasonably available for this purpose, to fund the operation of the public schools in this State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium.

 


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κ2023 Statutes of Nevada, Page 724 (CHAPTER 147, SB 503)κ

 

kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium.

      3.  Except as otherwise provided in subsection 4, the money appropriated by subsection 1 must be:

      (a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive; and

      (b) Work-programmed for the 2 separate fiscal years of the 2023-2025 biennium, as required by NRS 353.215.

      4.  Except as otherwise provided in this subsection, transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program for such money.

      Sec. 4.  1.  Expenditure from or transfer to the Pupil-Centered Funding Plan Account in the State Education Fund of $4,358,527,845 from money in the State Education Fund that was not appropriated from the State General Fund is hereby authorized during Fiscal Year 2023-2024.

      2.  Expenditure from or transfer to the Pupil-Centered Funding Plan Account in the State Education Fund of $4,251,457,900 from money in the State Education Fund that was not appropriated from the State General Fund is hereby authorized during Fiscal Year 2024-2025.

      3.  The money authorized to be expended or transferred by subsections 1 and 2 must be expended or transferred in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      Sec. 5.  1.  For each respective school district, the Department of Education shall transfer from the Pupil-Centered Funding Plan Account in the State Education Fund the following sums for food services and transportation for pupils and any other similar service for Fiscal Year 2023-2024:

 

                                                    Food Services                     Transportation

Carson City                                       $416,102                           $2,582,131

Churchill                                              $12,479                           $1,651,859

Clark                                                               $0                       $140,675,061

Douglas                                                          $0                           $3,883,247

Elko                                                    $383,534                           $4,699,832

Esmeralda                                            $49,201                               $327,997

Eureka                                                $398,552                               $433,529

Humboldt                                             $19,058                           $2,014,575

Lander                                                  $24,958                               $413,257

Lincoln                                                 $60,218                               $621,973

Lyon                                                                $0                           $5,007,439

Mineral                                               $158,758                               $315,517

Nye                                                                  $0                           $4,261,136

Pershing                                               $25,182                               $799,076

Storey                                                   $22,963                               $546,455

Washoe                                                           $0                         $23,700,907

White Pine                                           $48,713                           $1,216,700

 


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κ2023 Statutes of Nevada, Page 725 (CHAPTER 147, SB 503)κ

 

      2.  For each respective school district, charter school and university school for profoundly gifted pupils, the Department of Education shall transfer from the Pupil-Centered Funding Plan Account in the State Education Fund the following sums which may be used for local funding for pupils with disabilities for Fiscal Year 2023-2024:

 

Carson City                                                                 $6,412,805

Churchill                                                                      $1,636,353

Clark                                                                        $383,891,970

Douglas                                                                        $4,007,059

Elko                                                                              $5,045,055

Esmeralda                                                                          $44,545

Eureka                                                                             $199,664

Humboldt                                                                     $2,354,507

Lander                                                                          $1,051,226

Lincoln                                                                            $327,164

Lyon                                                                             $9,566,849

Mineral                                                                            $215,303

Nye                                                                               $8,300,972

Pershing                                                                          $456,047

Storey                                                                                 $54,956

Washoe                                                                      $44,859,802

White Pine                                                                      $598,608

Charter Schools, combined                                    $14,758,608

University Schools, combined                                                 $0

      3.  The statewide base per pupil funding amount for Fiscal Year 2023-2024 is $8,966 per pupil.

      4.  For each respective school district, the adjusted base per pupil funding amount for Fiscal Year 2023-2024 is:

 

Carson City                                                                         $9,632

Churchill                                                                            $10,157

Clark                                                                                     $9,045

Douglas                                                                              $10,094

Elko                                                                                    $11,017

Esmeralda                                                                          $31,203

Eureka                                                                                $36,047

Humboldt                                                                          $10,979

Lander                                                                                $13,331

Lincoln                                                                              $16,319

Lyon                                                                                   $10,943

Mineral                                                                              $15,443

Nye                                                                                     $10,957

Pershing                                                                             $14,444

Storey                                                                                 $24,378

Washoe                                                                                $9,243

White Pine                                                                        $14,156

      5.  For each charter school or university school for profoundly gifted pupils, the statewide base per pupil funding amount for each pupil enrolled full-time in a program of distance education provided by such a school in Fiscal Year 2023-2024 is $8,966. For each charter school or university school for profoundly gifted pupils which provides in-person instruction in each of the respective counties, the adjusted base per pupil funding amount for Fiscal Year 2023-2024, before application of the appropriate attendance area adjustment, is:

 


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κ2023 Statutes of Nevada, Page 726 (CHAPTER 147, SB 503)κ

 

each of the respective counties, the adjusted base per pupil funding amount for Fiscal Year 2023-2024, before application of the appropriate attendance area adjustment, is:

 

Carson City                                                                         $8,966

Churchill                                                                              $8,966

Clark                                                                                     $8,966

Douglas                                                                                $8,966

Elko                                                                                      $8,966

Esmeralda                                                                            $8,966

Eureka                                                                                  $8,966

Humboldt                                                                             $8,966

Lander                                                                                  $8,966

Lincoln                                                                                 $8,966

Lyon                                                                                     $8,966

Mineral                                                                                 $8,966

Nye                                                                                       $8,966

Pershing                                                                               $8,966

Storey                                                                                   $8,966

Washoe                                                                                $8,966

White Pine                                                                           $8,966

      6.  The Department of Education shall determine the final adjusted base per pupil funding amount for Fiscal Year 2023-2024 for a charter school or university school for profoundly gifted pupils by applying the appropriate attendance area adjustment for the location of the charter school or university school within a county to the amount established by subsection 5 for the county in which the charter school or university school is located. For a charter school or university school in each of the following counties, the final adjusted base per pupil funding amount for Fiscal Year 2023-2024 must not exceed:

 

Carson City                                                                         $9,632

Churchill                                                                            $10,157

Clark                                                                                     $8,966

Elko                                                                                      $9,670

Washoe (Reno Attendance Area)                                    $8,966

Washoe (Stead Attendance Area)                                   $9,674

White Pine                                                                        $12,982

      7.  The additional weighted funding for each pupil estimated to be enrolled in a public school in each respective category for Fiscal Year 2023-2024, expressed as a multiplier to the statewide base per pupil funding amount, is:

 

For English learners                                                               0.45

For at-risk pupils                                                                     0.35

For gifted and talented pupils                                               0.12

      8.  For each respective school district, charter school and university school for profoundly gifted pupils, the Department of Education shall transfer from the Pupil-Centered Funding Plan Account in the State Education Fund the following sums for additional weighted funding at the levels established by subsection 7 for Fiscal Year 2023-2024:

 


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κ2023 Statutes of Nevada, Page 727 (CHAPTER 147, SB 503)κ

 

                                                    English                  At-Risk         Gifted and

                                                  Learners                     Pupils            Talented

                                                                                                                   Pupils

Carson City                        $2,900,920               $906,902           $414,225

Churchill                                $447,847               $555,438                       $0

Clark                               $151,832,282        $165,294,594       $4,890,007

Douglas                                  $681,857               $536,610             $49,492

Elko                                     $2,731,464            $1,980,121           $104,363

Esmeralda                                $17,401                    $8,386                       $0

Eureka                                      $10,213                    $1,198                       $0

Humboldt                               $819,036               $254,184                       $0

Lander                                    $133,144               $307,531                       $0

Lincoln                                     $24,208               $134,937                       $0

Lyon                                    $1,956,810            $1,650,624                       $0

Mineral                                   $137,178               $163,180                       $0

Nye                                      $1,307,229            $1,408,993                       $0

Pershing                                   $92,797               $122,385                       $0

Storey                                       $13,777                  $13,777                       $0

Washoe                             $27,137,115          $15,414,190       $1,354,569

White Pine                               $60,520               $342,049                       $0

Charter Schools, combined $22,230,970       $9,571,107       $1,180,272

University Schools, combined       $0                            $0                       $0

      9.  Pursuant to the expression of legislative intent in subsection 3 of NRS 387.121, the Esmeralda, Eureka and Storey County school districts may each reapportion money received pursuant to subsections 4 and 8 in a manner similar to the apportionment of such money in the fiscal year ending on June 30, 2020, to ensure that each pupil in the district receives a reasonably equal educational opportunity.

      10.  As used in this section:

      (a) “Reno Attendance Area” means the portion of the Washoe County School District not located in the Stead Attendance Area.

      (b) “Stead Attendance Area” means the portion of the Washoe County School District located on the grounds of the Sierra Nevada Academy Charter School.

      Sec. 6.  1.  For each respective school district, the Department of Education shall transfer from the Pupil-Centered Funding Plan Account in the State Education Fund the following sums for food services and transportation for pupils and any other similar service for Fiscal Year 2024-2025:

 

                                                    Food Services                     Transportation

Carson City                                       $416,182                           $2,582,627

Churchill                                              $12,482                           $1,652,176

Clark                                                               $0                       $140,702,048

Douglas                                                          $0                           $3,883,992

Elko                                                    $383,608                           $4,700,733

Esmeralda                                            $49,211                               $328,060

Eureka                                                $398,629                               $433,612

Humboldt                                             $19,062                           $2,014,961

Lander                                                  $24,963                               $413,337

 


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κ2023 Statutes of Nevada, Page 728 (CHAPTER 147, SB 503)κ

 

                                                    Food Services                     Transportation

Lincoln                                                 $60,230                               $622,092

Lyon                                                                $0                           $5,008,400

Mineral                                               $158,788                               $315,578

Nye                                                                  $0                           $4,261,953

Pershing                                               $25,187                               $799,229

Storey                                                   $22,968                               $546,560

Washoe                                                           $0                         $23,705,454

White Pine                                           $48,723                           $1,216,933

      2.  For each respective school district, charter school and university school for profoundly gifted pupils, the Department of Education shall transfer from the Pupil-Centered Funding Plan Account in the State Education Fund the following sums which may be used for local funding for pupils with disabilities for Fiscal Year 2024-2025:

 

Carson City                                                                 $6,414,035

Churchill                                                                      $1,636,667

Clark                                                                        $383,965,616

Douglas                                                                        $4,007,828

Elko                                                                              $5,046,023

Esmeralda                                                                          $44,554

Eureka                                                                             $199,702

Humboldt                                                                     $2,354,959

Lander                                                                          $1,051,427

Lincoln                                                                            $327,227

Lyon                                                                             $9,568,684

Mineral                                                                            $215,344

Nye                                                                               $8,302,564

Pershing                                                                          $456,135

Storey                                                                                 $54,966

Washoe                                                                      $44,868,408

White Pine                                                                      $598,723

Charter Schools, combined                                    $14,761,440

University Schools, combined                                                 $0

      3.  The statewide base per pupil funding amount for Fiscal Year 2024-2025 is $9,414 per pupil.

      4.  For each respective school district, the adjusted base per pupil funding amount for Fiscal Year 2024-2025 is:

 

Carson City                                                                       $10,114

Churchill                                                                            $10,662

Clark                                                                                     $9,497

Douglas                                                                              $10,598

Elko                                                                                    $11,567

Esmeralda                                                                          $31,214

Eureka                                                                                $36,057

Humboldt                                                                          $11,525

Lander                                                                                $13,995

Lincoln                                                                              $17,132

Lyon                                                                                   $11,488

Mineral                                                                              $16,212

Nye                                                                                     $11,505

 


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κ2023 Statutes of Nevada, Page 729 (CHAPTER 147, SB 503)κ

 

Pershing                                                                             $15,163

Storey                                                                                 $24,384

Washoe                                                                                $9,705

White Pine                                                                        $14,861

      5.  For each charter school or university school for profoundly gifted pupils, the statewide base per pupil funding amount for each pupil enrolled full-time in a program of distance education provided by such a school in Fiscal Year 2024-2025 is $9,414. For each charter school or university school for profoundly gifted pupils which provides in-person instruction in each of the respective counties, the adjusted base per pupil funding amount for Fiscal Year 2024-2025 is:

 

Carson City                                                                         $9,414

Churchill                                                                              $9,414

Clark                                                                                     $9,414

Douglas                                                                                $9,414

Elko                                                                                      $9,414

Esmeralda                                                                            $9,414

Eureka                                                                                  $9,414

Humboldt                                                                             $9,414

Lander                                                                                  $9,414

Lincoln                                                                                 $9,414

Lyon                                                                                     $9,414

Mineral                                                                                 $9,414

Nye                                                                                       $9,414

Pershing                                                                               $9,414

Storey                                                                                   $9,414

Washoe                                                                                $9,414

White Pine                                                                           $9,414

      6.  The Department of Education shall determine the final adjusted base per pupil funding amount for Fiscal Year 2024-2025 for a charter school or university school for profoundly gifted pupils by applying the appropriate attendance area adjustment for the location of the charter school or university school within a county to the amount established by subsection 5 for the county in which the charter school or university school is located. For a charter school or university school in each of the following counties, the final adjusted base per pupil funding amount for Fiscal Year 2024-2025 must not exceed:

 

Carson City                                                                       $10,114

Churchill                                                                            $10,662

Clark                                                                                     $9,414

Elko                                                                                    $10,153

Washoe (Reno Attendance Area)                                    $9,414

Washoe (Stead Attendance Area)                                 $10,158

White Pine                                                                        $13,629

      7.  The additional weighted funding for each pupil estimated to be enrolled in a public school in each respective category for Fiscal Year 2024-2025, expressed as a multiplier to the statewide base per pupil funding amount, is:

 

For English learners                                                               0.45

For at-risk pupils                                                                     0.35

For gifted and talented pupils                                               0.12

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 730 (CHAPTER 147, SB 503)κ

 

      8.  For each respective school district, charter school and university school for profoundly gifted pupils, the Department of Education shall transfer from the Pupil-Centered Funding Plan Account in the State Education Fund the following projected sums for additional weighted funding at the levels established by subsection 7 for Fiscal Year 2024-2025, subject to adjustment based on updated weighted pupil counts with approval of the Interim Finance Committee:

 

                                                    English                  At-Risk         Gifted and

                                                  Learners                     Pupils            Talented

                                                                                                                   Pupils

Carson City                        $3,045,888               $952,222           $434,925

Churchill                                $470,227               $583,195                       $0

Clark                               $159,419,816        $173,554,882       $5,134,375

Douglas                                  $715,932               $563,426             $51,965

Elko                                     $2,867,964            $2,079,074           $109,579

Esmeralda                                $17,404                    $8,387                       $0

Eureka                                      $10,215                    $1,198                       $0

Humboldt                               $859,966               $266,886                       $0

Lander                                    $139,797               $322,899                       $0

Lincoln                                     $25,418               $141,680                       $0

Lyon                                    $2,054,597            $1,733,111                       $0

Mineral                                   $144,034               $171,334                       $0

Nye                                      $1,372,556            $1,479,404                       $0

Pershing                                   $97,435               $128,501                       $0

Storey                                       $13,779                  $13,779                       $0

Washoe                             $28,493,242          $16,184,485       $1,422,262

White Pine                               $63,544               $359,143                       $0

Charter Schools, combined $23,341,921    $10,049,406       $1,239,255

University Schools, combined       $0                            $0                       $0

      9.  Pursuant to the expression of legislative intent in subsection 3 of NRS 387.121, the Esmeralda, Eureka and Storey County school districts may each reapportion money received pursuant to subsections 4 and 8 in a manner similar to the apportionment of such money in the fiscal year ending on June 30, 2020, to ensure that each pupil in the district receives a reasonably equal educational opportunity.

      10.  As used in this section:

      (a) “Reno Attendance Area” means the portion of the Washoe County School District not located in the Stead Attendance Area.

      (b) “Stead Attendance Area” means the portion of the Washoe County School District located on the grounds of the Sierra Nevada Academy Charter School.

      Sec. 7.  1.  There is hereby appropriated from the State General Fund to the Account for State Special Education Services created by NRS 388.5243 for the support of pupils with disabilities the following amounts:

For the Fiscal Year 2023-2024............................................ $245,688,753

For the Fiscal Year 2024-2025............................................ $252,791,713

      2.  Expenditure of $2,000,000 in both Fiscal Year 2023-2024 and Fiscal Year 2024-2025 from money in the Account for State Special Education Services created by NRS 388.5243 that was not appropriated from the State General Fund is hereby authorized for expenditure for the support of pupils with disabilities.

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 731 (CHAPTER 147, SB 503)κ

 

Services created by NRS 388.5243 that was not appropriated from the State General Fund is hereby authorized for expenditure for the support of pupils with disabilities.

      3.  The Department of Education shall transfer from the Account for State Special Education Services created by NRS 388.5243 the following sums for pupils with disabilities:

For the Fiscal Year 2023-2024............................................ $244,188,753

For the Fiscal Year 2024-2025............................................ $251,291,713

      4.  The money transferred pursuant to subsection 3 must be used only to fund the school districts, charter schools and university schools for profoundly gifted pupils for the enrollment of pupils with disabilities in accordance with the statewide multiplier calculated by the Department of Education pursuant to subsection 1 of NRS 387.122.

      5.  The Department of Education shall transfer from the Account for State Special Education Services created by NRS 388.5243 the following sums for pupils with disabilities:

For the Fiscal Year 2023-2024................................................. $1,500,000

For the Fiscal Year 2024-2025................................................. $1,500,000

      6.  The money transferred pursuant to subsection 5 must be used only to fund the school districts, charter schools and university schools for profoundly gifted pupils for the enrollment of pupils with disabilities in accordance with the funding multiplier calculated by the Department of Education pursuant to subsection 2 of NRS 387.122.

      7.  The Department of Education may transfer from the Account for State Special Education Services created by NRS 388.5243 the following sums for pupils with disabilities:

For the Fiscal Year 2023-2024................................................. $2,000,000

For the Fiscal Year 2024-2025................................................. $2,000,000

      8.  The money transferred pursuant to subsection 7 must be used only to carry out the purposes of subsection 4 of NRS 388.5243.

      9.  Any remaining balance of the sums transferred pursuant to subsections 3 and 5 for Fiscal Year 2023-2024 and Fiscal Year 2024-2025 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, for each fiscal year respectively.

      Sec. 8.  1.  There is hereby appropriated from the State General Fund to the Other State Education Programs Account in the State General Fund the following sums:

For the Fiscal Year 2023-2024............................................... $44,286,630

For the Fiscal Year 2024-2025............................................... $44,286,630

      2.  The money appropriated by subsection 1 must be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      3.  The Department of Education shall transfer from the Other State Education Programs Account the sum of $19,260,398 for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025 for distribution by the Superintendent of Public Instruction to school districts for the support of courses which are approved by the Department of Education as meeting the course of study for an adult standard high school diploma as approved by the State Board of Education. In each fiscal year of the 2023-2025 biennium, the sum transferred must be allocated among the various school districts in accordance with a plan or formula developed by the Department of Education to ensure that the money is distributed equitably and in a manner that permits accounting for the expenditures of school districts.

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 732 (CHAPTER 147, SB 503)κ

 

transferred must be allocated among the various school districts in accordance with a plan or formula developed by the Department of Education to ensure that the money is distributed equitably and in a manner that permits accounting for the expenditures of school districts.

      4.  The Department of Education shall, not later than November 1, 2023, and November 1, 2024, provide a written report to the Governor, the Joint Interim Standing Committee on Education and the Director of the Legislative Counsel Bureau that describes, for the immediately preceding fiscal year, each expenditure made from the amount transferred pursuant to subsection 3 or pursuant to subsection 4 of section 8 of chapter 473, Statutes of Nevada 2021, at page 2909, as applicable, and the performance results of the participants of the Adult High School Diploma program.

      5.  Any remaining balance of the allocations made pursuant to subsection 3 for Fiscal Year 2023-2024 must be added to the money received by the school districts for Fiscal Year 2024-2025 and may be expended as that money is expended. Any remaining balance of the allocations made pursuant to subsection 3 for Fiscal Year 2024-2025, including any such money added from the previous fiscal year, must not be committed for expenditure after June 30, 2025, and must be reverted to the State General Fund on or before September 19, 2025.

      6.  The money appropriated by subsection 1 to finance specific programs as outlined in this subsection is available for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025 and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor as follows:

      (a) A total of $3,927,708 in Fiscal Year 2023-2024 and $3,927,708 in Fiscal Year 2024-2025 for the Jobs for Nevada’s Graduates Program.

      (b) A total of $300,000 in both Fiscal Year 2023-2024 and Fiscal Year 2024-2025 to the Department of Education for transfer to the Leadership Institute of Nevada for the implementation and operation of educational leadership training programs. Expenditure of this money is contingent upon matching money being provided from sources other than the appropriation made by subsection 1. The Department of Education shall not distribute any money for the implementation and operation of educational leadership training programs until an equivalent amount of matching money has been committed.

      7.  Of the total transferred in each fiscal year pursuant to paragraph (a) of subsection 6, expenditure of an amount up to $314,293 in each fiscal year is contingent upon matching money being provided from sources other than the appropriation in subsection 1. The Department of Education shall not distribute the money identified in this subsection to the Jobs for Nevada’s Graduates Program until an equivalent amount of matching money has been committed.

      8.  Upon acceptance of the money transferred pursuant to paragraph (b) of subsection 6, the Leadership Institute of Nevada agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before September 20, 2024, that describes each expenditure made from the money transferred pursuant to paragraph (b) of subsection 6 from the date on which the money was received by the Leadership Institute of Nevada through June 30, 2024;

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 19, 2025, that describes each expenditure made from the money transferred pursuant to paragraph (b) of subsection 6 from the date on which the money was received by the Leadership Institute of Nevada through June 30, 2025; and

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 733 (CHAPTER 147, SB 503)κ

 

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Leadership Institute of Nevada, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money transferred pursuant to paragraph (b) of subsection 6.

      9.  Any remaining balance of the sums transferred pursuant to subsection 6 must not be committed for expenditure after June 30, 2025, by the entity to which the money is transferred or any entity to which such money is granted or otherwise transferred in any manner, and any portion of the transferred money remaining must not be spent for any purpose after September 19, 2025, and must be reverted to the State General Fund on or before September 19, 2025.

      10.  The Department of Education shall transfer from the Other State Education Programs Account the sum of $13,543,822 in Fiscal Year 2023-2024 and $13,543,822 in Fiscal Year 2024-2025 for the award of grants for programs of career and technical education pursuant to NRS 388.393 and, notwithstanding the provisions of subsections 1, 2 and 3 of NRS 388.392, not for the use of leadership and training activities and pupil organizations.

      11.  Any remaining balance of the sums transferred pursuant to subsection 10 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, for each fiscal year respectively.

      12.  The Department of Education shall transfer from the Other State Education Programs Account the sum of $462,725 in both Fiscal Year 2023-2024 and Fiscal Year 2024-2025 for the award of grants to support public broadcasting in this State.

      13.  Any remaining balance of the sums transferred pursuant to subsection 12 must not be committed for expenditure after June 30 of each fiscal year by the entity to which the money is transferred or any entity to which such money is granted or otherwise transferred in any manner, and any portion of the transferred money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, for each fiscal year respectively and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, for each fiscal year respectively.

      14.  Of the money appropriated by subsection 1, the Department of Education may use not more than $6,791,977 in both Fiscal Year 2023-2024 and Fiscal Year 2024-2025 to implement and operate a grant program that provides incentives to persons to obtain a license issued pursuant to chapter 391 of NRS and be employed at a public school in this State for a certain period of time.

      15.  Any remaining balance of the sums provided pursuant to subsection 14 must not be committed for expenditure after June 30, 2025, by the entity to which the money is transferred or any entity to which such money is granted or otherwise transferred in any manner, and any portion of the transferred money remaining must not be spent for any purpose after September 19, 2025, and must be reverted to the State General Fund on or before September 19, 2025.

      Sec. 9.  1.  There is hereby appropriated from the State General Fund to the Professional Development Programs Account:

For the Fiscal Year 2023-2024................................................. $7,667,393

For the Fiscal Year 2024-2025................................................. $7,667,393

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 734 (CHAPTER 147, SB 503)κ

 

      2.  The money appropriated by subsection 1 must be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      Sec. 10.  1.  Of the sums appropriated by subsection 1 of section 9 of this act, the Department of Education shall transfer to the school districts specified in this subsection the following sums for Fiscal Year 2023-2024 and Fiscal Year 2024-2025:

School District                                               2023-2024            2024-2025

Clark County School District                     $4,030,407           $4,030,407

Elko County School District                       $1,265,644           $1,265,644

Washoe County School District                 $2,271,342           $2,271,342

                                                TOTAL:          $7,567,393           $7,567,393

      2.  A school district that receives a transfer of money pursuant to subsection 1 shall serve as fiscal agent for the respective regional training program for the professional development of teachers and administrators. As fiscal agent, each school district is responsible for the payment, collection and holding of all money received from this State for the maintenance and support of the regional training program for the professional development of teachers and administrators and the Nevada Early Literacy Intervention Program established and operated by the applicable governing body.

      3.  Any remaining balance of the transfers made pursuant to subsection 1 for Fiscal Year 2023-2024 must be added to the money received by the school districts for Fiscal Year 2024-2025 and may be expended as that money is expended. Any remaining balance of the transfers made pursuant to subsection 1 for Fiscal Year 2024-2025, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2025, and must be reverted to the State General Fund on or before September 19, 2025.

      Sec. 11.  1.  Of the sums appropriated by subsection 1 of section 9 of this act, the Department of Education shall transfer to the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391A.130 the sum of $100,000 in both Fiscal Year 2023-2024 and Fiscal Year 2024-2025 for additional training opportunities for educational administrators in Nevada.

      2.  The Statewide Council shall use the money transferred pursuant to subsection 1:

      (a) To disseminate research-based knowledge related to effective educational leadership behaviors and skills.

      (b) To develop, support and maintain ongoing activities, programs, training and networking opportunities.

      (c) For the purpose of providing additional training for educational administrators, including, without limitation, to pay:

             (1) Travel expenses of administrators who attend the training program;

             (2) Travel and per diem expenses for any consultants contracted to provide additional training; and

             (3) Any charges to obtain a conference room for the provision of the additional training.

      (d) To supplement and not replace the money that the school district or the regional training program would otherwise expend for the training of educational administrators as described in this subsection.

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 735 (CHAPTER 147, SB 503)κ

 

      3.  Any remaining balance of the transfer made pursuant to subsection 1 for Fiscal Year 2023-2024 must be added to the money received by the Statewide Council for Fiscal Year 2024-2025 and may be expended as that money is expended. Any remaining balance of the transfer made pursuant to subsection 1 for Fiscal Year 2024-2025, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2025, and must be reverted to the State General Fund on or before September 19, 2025.

      Sec. 12.  1.  There is hereby appropriated from the State General Fund to the 1/5 Retirement Credit Purchase Program Account in the State General Fund to purchase one-fifth of a year of retirement service credit pursuant to section 5 of chapter 8, Statutes of Nevada 2007, 23rd Special Session, at page 18:

For the Fiscal Year 2023-2024.................................................... $560,886

For the Fiscal Year 2024-2025.................................................... $560,886

      2.  The money appropriated by subsection 1 is available for either fiscal year with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any remaining balance of those sums must not be committed for expenditure after June 30, 2025, and must be reverted to the State General Fund on or before September 19, 2025.

      Sec. 13.  1.  There is hereby appropriated from the State General Fund to the Teach Nevada Scholarship Program Account created by NRS 391A.575 to award grants to universities, colleges and other providers of an alternative licensure program that are approved to award Teach Nevada Scholarships pursuant to NRS 391A.585:

For the Fiscal Year 2023-2024................................................. $2,407,861

For the Fiscal Year 2024-2025................................................. $2,407,861

      2.  The money appropriated by subsection 1 must be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      3.  Expenditure of $3,761,329 in Fiscal Year 2023-2024 and $3,998,203 in Fiscal Year 2024-2025 from money in the Teach Nevada Scholarship Program Account that was not appropriated from the State General Fund is hereby authorized to award grants to universities, colleges and other providers of an alternative licensure program that are approved to award Teach Nevada Scholarships pursuant to NRS 391A.585.

      4.  For the purposes of accounting and reporting, the sum authorized for expenditure by subsection 3 is considered to be expended before any appropriation is made to the Teach Nevada Scholarship Program Account from the State General Fund.

      Sec. 14. 1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee for allocation to the Department of Education for the Teach Nevada Scholarship program the following amounts:

For the Fiscal Year 2023-2024................................................. $3,208,023

For the Fiscal Year 2024-2025................................................. $3,208,023

      2.  Money appropriated to the Interim Finance Committee by subsection 1 may be allocated to the Department of Education upon presentation to the Interim Finance Committee of a status report on the Teach Nevada Scholarship program that includes, without limitation, an update on the program, information regarding existing and new participants, a reconciliation of program funding including existing funding available for redistribution, changes to the program approved during the 82nd Legislative Session and any other information available to detail the results of the program.

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 736 (CHAPTER 147, SB 503)κ

 

program funding including existing funding available for redistribution, changes to the program approved during the 82nd Legislative Session and any other information available to detail the results of the program.

      3.  Any remaining balance of the appropriations made by subsection 1 for Fiscal Year 2023-2024 and Fiscal Year 2024-2025 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, for each fiscal year respectively.

      Sec. 15.  1.  Expenditure from or transfer to the Education Stabilization Account in the State Education Fund of $851,741,399 from money in the State Education Fund that was not appropriated from the State General Fund is hereby authorized during Fiscal Year 2023-2024.

      2.  Expenditure from or transfer to the Education Stabilization Account in the State Education Fund of $878,922,338 from money in the State Education Fund that was not appropriated from the State General Fund is hereby authorized during Fiscal Year 2024-2025.

      3.  The money authorized to be expended or transferred by subsections 1 and 2 must be expended or transferred in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      Sec. 16. NRS 387.1211 is hereby amended to read as follows:

      387.1211  As used in NRS 387.121 to 387.12468, inclusive:

      1.  “At-risk pupil” means a pupil who is [eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq., or an alternative measure] within the quintile of pupils determined to be most in need of additional services and assistance to graduate based on one or more measures prescribed by the State Board [.] , which may include, without limitation, consideration of whether a pupil:

      (a) Is economically disadvantaged;

      (b) Is at risk of dropping out of high school; or

      (c) Fails to meet minimum standards of academic proficiency.

      2.  “Average daily attendance” means the total number of pupils attending a particular school each day during a period of reporting divided by the number of days school is in session during that period.

      3.  “Average daily enrollment” means the total number of pupils enrolled in and scheduled to attend a public school in a specific school district during a period of reporting divided by the number of days school is in session during that period.

      4.  “Commission” means the Commission on School Funding created by NRS 387.1246.

      5.  “Enrollment” means the count of pupils enrolled in and scheduled to attend programs of instruction of a school district, charter school or university school for profoundly gifted pupils at a specified time during the school year.

      Sec. 17.  This act becomes effective on July 1, 2023.

________

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 737κ

 

CHAPTER 148, SB 504

Senate Bill No. 504–Committee on Finance

 

CHAPTER 148

 

[Approved: May 31, 2023]

 

AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the State Government for the 2023-2025 biennium; authorizing the collection of certain amounts from the counties in the 2023-2025 biennium for the use of the services of the State Public Defender; and providing other matters properly relating thereto.

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.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2023-2024 and Fiscal Year 2024-2025 by the various officers, departments, boards, agencies, commissions and institutions of the State Government mentioned in this act:

                                                                                   2023-2024                2024-2025

Governor’s Office:

      Agency for Nuclear Projects                             $550,000                  $550,000

      Office of the Governor                                         658,486                     660,386

      Office for New Americans                                    21,880                                 0

      Washington Office                                                252,000                     252,000

      COVID-19 Relief Programs                    1,789,303,531             482,959,616

      Office of Federal Assistance                                 99,934                     100,281

      Nevada Athletic Commission                          4,494,591                 4,568,633

      Office of Energy                                                6,108,885                 1,605,177

      Renewable Energy, Efficiency and Conservation Loan                1,249,314   1,211,972

      Renewable Energy Account                          18,260,490               18,564,714

      Office of Science, Innovation and Technology 372,587,605      60,006,837

      Office of Finance – Budget Division               2,072,606                 2,099,096

      Office of Finance – Division of Internal Audits 111,412                  117,493

Lieutenant Governor’s Office:

      Office of Small Business Advocacy                $309,161                  $321,159

Commission on Ethics:

      Commission on Ethics                                       $887,122                  $900,130

Attorney General’s Office:

      Office of the Extradition Coordinator               $58,929                     $61,172

      Attorney General Administration                 30,470,636               27,526,378

      Special Litigation Account                              1,376,229                 1,158,178

      Workers’ Compensation Fraud                       7,116,012                 6,953,912

      Crime Prevention                                                    77,642                       79,218

      Medicaid Fraud Control Unit                          4,577,848                 4,609,700

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 738 (CHAPTER 148, SB 504)κ

 

                                                                                   2023-2024                2024-2025

      Bureau of Consumer Protection                    $8,561,347               $7,977,615

      Grants Unit                                                         7,211,483                 4,541,623

      Advisory Council for Prosecuting Attorneys   195,156                       23,735

      Victims of Domestic Violence                           287,574                     267,909

      Forfeiture                                                                  11,541                       11,012

      Attorney General Tort Claims Fund               7,216,709                 8,516,368

      National Settlement Administration               1,203,381                                 0

      State Settlements                                                1,848,662                 1,683,896

      Consumer Protection Legal Account               6,074,047                 6,177,428

Office of the State Controller:

      Controller’s Office                                             $898,425                  $907,753

      Debt Recovery Account                                   1,028,440                 1,137,291

Office of the Secretary of State:

      Secretary of State                                                $460,698                  $466,488

      Help America Vote Act                                    6,103,665                 6,111,597

Office of the State Treasurer:

      State Treasurer                                                 $3,203,712               $3,366,767

      Higher Education Tuition Administration        770,405                     784,876

      Bond Interest and Redemption                   590,750,695             691,892,024

      Municipal Bond Bank Revenue                      3,389,187                 3,383,606

      Municipal Bond Bank Debt Service               3,429,037                 3,423,287

      Millennium Scholarship Administration          477,154                     479,552

      Nevada College Savings Trust                        2,418,741                 2,463,579

      Endowment Account                                      18,335,783               21,027,178

      Unclaimed Property                                          2,589,025                 2,611,416

Department of Administration:

      Director’s Office                                                 $876,223                  $828,603

      Deferred Compensation Committee                  544,332                     576,125

      Hearings Division                                              6,544,725                 6,605,701

      Insurance and Loss Prevention                     49,892,724               54,776,114

      Fleet Services Division                                     6,716,869                 7,032,834

      Fleet Services Capital Purchase                      1,788,461                 2,473,498

      Purchasing Division                                          7,594,594                 6,658,885

      Federal Surplus Property Program                       90,667                     103,845

      State Public Works Division – Administration 937,531                    948,419

      State Public Works Division – Buildings and Grounds              22,666,468   20,239,207

      State Public Works Division – Engineering and Planning            9,173,268   9,397,915

      State Public Works Division – Marlette Lake 1,412,314               1,178,436

      State Unemployment Compensation               5,049,686                 3,655,951

      Human Resource Management                     11,900,257               10,165,044

      Agency HR Services                                         1,581,142                 1,249,444

      Administrative Services Division                   4,312,861                 4,045,325

      Agency IT Services                                         14,140,827               14,112,641

      Office of Chief Information Officer               2,342,349                 2,333,735

      Computer Facility                                           29,876,268               30,588,896

 


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κ2023 Statutes of Nevada, Page 739 (CHAPTER 148, SB 504)κ

 

                                                                                   2023-2024                2024-2025

      Data Communications and Network Engineering $8,967,415    $7,577,777

      Telecommunications                                         3,771,024                 4,008,611

      Network Transport Services                            5,166,843                 5,501,795

      IT Security                                                          3,458,840                 3,988,287

      State Library                                                       2,046,132                 1,998,141

      State Library – Archives and Public Records    79,953                       14,880

      State Library – Library Cooperative                  424,561                     345,610

      State Library – IPS Equipment/Software           22,146                       29,711

      Mail Services Division                                     9,154,503                 8,630,622

      Mail Services Equipment                                    181,903                     206,945

Supreme Court of Nevada:

      Judicial Department Staff Salaries                  $155,768                  $157,385

      Administrative Office of the Courts            17,819,539               10,121,797

      Judicial Support, Governance and Special Events 808,308           1,010,235

      Supreme Court                                                         47,675                       47,675

      Specialty Court                                                   4,800,089                 2,427,255

      Senior Justice and Senior Judge Program           38,050                       38,050

      Supreme Court Law Library                                   2,250                         2,250

Department of Tourism and Cultural Affairs:

      Cultural Affairs Administration                 $30,677,797             $50,442,148

      Tourism Development Fund                          20,547,033               19,205,347

      Destination Development                                    342,394                 1,296,349

      Museums and History Administration              394,739                     369,604

      Lost City Museum                                                367,999                     372,676

      Nevada Historical Society                                   403,736                     423,616

      Nevada State Museum, Carson City              1,163,941                 1,200,740

      Nevada State Museum, Las Vegas                     996,701                 1,031,200

      Nevada State Railroad Museums                    1,140,244                 1,169,315

      Nevada Arts Council                                         2,717,732                 2,654,810

      Nevada Indian Commission                          20,468,929                     376,856

      Stewart Indian School Living Legacy               267,618                     273,273

Office of Economic Development in the Office of the Governor:

      Office of Economic Development                   $353,947                  $325,197

      Nevada Main Street Program                                52,580                       27,480

      Nevada Film Office                                              685,067                     691,241

      Rural Community Development                     3,602,156                 3,602,154

      Procurement Outreach Program                         486,722                     489,950

      Nevada SSBCI Program                                 22,296,274               40,560,790

      Knowledge Account                                          1,887,733                 1,941,081

      Small Business Enterprise Loan Account          79,000                     158,000

Department of Taxation:

      Department of Taxation                               $19,178,769             $25,915,020

Legislative Counsel Bureau:

      Legislative Counsel Bureau                              $509,687                  $559,687

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 740 (CHAPTER 148, SB 504)κ

 

                                                                                   2023-2024                2024-2025

      State Printing Office                                       $3,359,936               $3,116,815

Peace Officers’ Standards and Training Commission:

      Peace Officers’ Standards and Training Commission $83,680        $35,962

Department of Veterans Services:

      Department of Veterans Services                 $2,753,590               $2,835,972

      Southern Nevada Veterans Home Account 37,386,609               43,055,138

      Northern Nevada Veterans Home Account 16,146,866               23,117,264

Cannabis Compliance Board:

      Marijuana Regulation and Control Account $60,440,956         $61,224,243

Department of Education:

      Career and Technical Education                $14,110,060             $14,110,060

      Account for Alternative Schools                            5,338                         5,338

      Educator Licensure                                            4,410,873                 4,550,827

      Office of Early Learning and Development 23,210,190              22,902,556

      Student and School Support                        183,484,123             183,490,172

      Individuals with Disabilities Education Act 90,452,420              90,426,034

      District Support Services                                     881,627                     899,952

      Department Support Services                          5,406,290                 6,724,238

      Data Systems Management                                 738,015                     241,514

      Standards and Instructional Support                  399,944                     404,693

      Educator Effectiveness                                   15,333,552               15,333,552

      Assessments and Accountability                    4,652,038                 4,637,876

      Safe and Respectful Learning                       10,681,463                 5,686,541

      Office of the Superintendent                               123,400                       28,548

      GEAR UP                                                           3,500,000                 3,500,000

      COVID-19 Funding                                  1,026,287,933                 3,010,925

      Continuing Education                                       7,565,783                 7,465,793

State Public Charter School Authority:

      State Public Charter School Authority      $74,600,663             $43,321,499

      Public Charter School Loan Program                351,034                     428,441

Nevada System of Higher Education:

      University of Nevada, Reno                      $118,573,866          $124,579,187

      UNR - School of Medicine                              7,762,094                 7,641,857

      System Administration                                        226,344                     226,344

      University of Nevada, Las Vegas              142,240,657             142,809,752

      UNLV - School of Medicine                           5,108,098                 5,344,277

      Agricultural Experiment Station                     2,014,835                 2,014,835

      Cooperative Extension Service                       2,096,643                 2,096,643

      Trust Account for the Education of Dependent Children                    19,379   25,641

      UNLV Law School                                            6,167,013                 6,288,273

      Great Basin College                                          5,338,456                 5,378,153

      UNLV Dental School                                        9,329,071                 9,576,109

      Nevada State College                                     13,588,521               14,041,908

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 741 (CHAPTER 148, SB 504)κ

 

                                                                                   2023-2024                2024-2025

      Desert Research Institute                                   $148,486                  $148,486

      College of Southern Nevada                         45,126,368               46,136,015

      Western Nevada College                                  5,099,034                 5,105,984

      Truckee Meadows Community College      12,983,099               13,256,301

      Prison Education Program                                   131,303                     151,119

Western Interstate Commission for Higher Education:

      Loans and Stipends                                            $105,534                  $100,456

Department of Health and Human Services:

      Health and Human Services Administration $952,327               $1,015,293

      Developmental Disabilities                                 714,775                     653,333

      Grants Management Unit                               41,435,140               25,638,815

      Indigent Hospital Care                                   73,019,568               73,321,961

      Individuals with Disabilities Education Act Part C Compliance 5,331,236   4,144,851

      Upper Payment Limit Holding Account     10,416,439               10,441,439

      Grief Support Trust Account                              130,823                     132,013

      Data Analytics                                                    2,631,053                 2,781,981

      Fund for a Resilient Nevada                          26,964,178               24,602,664

Division of Health Care Financing and Policy:

      Intergovernmental Transfer Program      $204,682,953          $206,893,642

      Health Care Financing and Policy Administration 197,132,619 194,533,173

      Increased Quality of Nursing Care               44,020,131               44,555,636

      Improve Health Care Quality and Access 190,767,099             490,814,763

      Nevada Check-Up Program                           36,810,603               38,905,244

      Nevada Medicaid                                       5,105,379,939         5,688,654,628

      Prescription Drug Rebate                            416,267,880             416,267,880

Division of Public and Behavioral Health:

      Behavioral Health:

             Southern Nevada Adult Mental Health Services $31,945,776 $41,107,932

             Northern Nevada Adult Mental Health Services 2,399,746    2,401,237

             Crisis Response                                         45,427,300               24,924,918

             Behavioral Health Administration           5,494,353                 4,895,237

             Behavioral Health Prevention and Treatment 58,887,628     55,821,624

             Alcohol Tax Program                                 2,336,874                 2,844,673

             Lake’s Crossing Center                              1,251,195                 1,071,954

             Rural Clinics                                                3,788,573                 3,674,098

      Public Health:

             Radiation Control                                      $7,098,877               $6,832,663

             Low-Level Radioactive Waste Fund       1,064,681                 1,053,237

             Nevada Central Cancer Registry              1,085,595                 1,125,448

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 742 (CHAPTER 148, SB 504)κ

 

                                                                                   2023-2024                2024-2025

             Health Statistics and Planning                $3,222,217               $3,296,717

             Environmental Health Services                2,387,531                 2,344,605

             Immunization Program                            26,335,079                 6,994,289

             WIC Food Supplement                            64,328,598               64,298,396

             Communicable Diseases                          34,506,585               38,676,021

             Health Care Facilities Regulation          23,939,338               20,994,243

             Health Care Facilities Administrative Penalty 187,161               232,527

             Public Health Preparedness Program    12,774,000               12,580,957

             Chronic Disease                                        14,249,233               14,113,219

             Health Investigations and Epidemiology 95,879,237             17,869,760

             Maternal, Child and Adolescent Health Services 7,381,033   7,279,951

             Office of Health Administration            17,949,190               17,951,975

             Community Health Services                      3,126,081                 5,927,182

             Emergency Medical Services                       388,550                     416,290

             Marijuana Health Registry                         3,273,765                 3,416,686

             Public Health Improvements                  14,070,000                 3,060,000

Division of Welfare and Supportive Services:

      Child Care Services                                        $3,011,629               $3,150,526

      Welfare Administration                                  76,338,037               65,390,359

      Temporary Assistance for Needy Families 19,402,808               19,954,265

      Welfare Field Services                                 108,904,714             112,713,362

      Child Support Enforcement Program            16,468,211               16,620,011

      Child Support Federal Reimbursement       30,313,715               29,583,185

      Welfare – Child Assistance and Development 216,483,203     115,299,006

      Welfare – Energy Assistance Program        35,376,998               36,471,164

Aging and Disability Services Division:

      Tobacco Settlement Program                        $7,255,529               $7,271,106

      Administration                                                 12,585,143               10,152,014

      Senior Rx and Disability Rx                               352,760                     358,598

      Home- and Community-Based Services        6,378,905                 6,002,585

      Family Preservation Program                          1,160,432                 1,160,432

      Rural Regional Center                                    12,811,147               12,867,359

      FOCIS and MFP                                                3,129,190                 1,400,540

      Planning, Advocacy and Community Grants 50,179,807            21,362,142

      Desert Regional Center                                135,174,285             128,950,986

      Sierra Regional Center                                   37,642,574               38,193,052

      Adult Protective Services and Long-Term Care 5,226,563           3,492,521

      State Independent Living Council                     338,717                     338,717

      Early Intervention Services                              6,677,930                 6,771,783

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 743 (CHAPTER 148, SB 504)κ

 

                                                                                   2023-2024                2024-2025

      Autism Treatment Assistance Program       $3,773,310               $3,821,217

      Communication Access Services                    5,489,558                 5,245,622

      Consumer Health Assistance                              858,725                     865,932

Division of Child and Family Services:

      Community Juvenile Justice Services         $1,190,809               $1,192,280

      Washoe County Child Welfare                     19,478,361               19,322,716

      Clark County Child Welfare                         57,000,043               56,598,507

      Information Services                                         9,730,871               14,891,444

      Children, Youth and Family Administration 34,658,589             11,593,683

      Family Support Program                                24,594,184                 9,867,433

      Youth Alternative Placement                          2,585,161                 2,585,161

      Caliente Youth Center                                          367,773                     364,638

      Victims of Domestic Violence                        7,578,618                 6,963,633

      Rural Child Welfare                                        13,699,780               14,117,958

      Child Welfare Trust                                              399,969                     456,824

      Children’s Trust Account                                    991,716                     854,978

      Transition from Foster Care                            1,459,676                 1,408,236

      Review of Death of Children                              442,935                     369,895

      Nevada Youth Training Center                          552,793                     553,926

      Summit View Youth Center                                281,682                     283,184

      Youth Parole Services                                       3,567,664                 3,651,163

      Northern Nevada Child and Adolescent Services 7,633,261         6,474,765

      Southern Nevada Child and Adolescent Services 27,875,140    18,919,644

      Victims Services                                              15,755,293               15,735,833

      Victims of Crime                                               4,632,663                 4,539,698

Department of Indigent Defense Services:

      Office of the State Public Defender             $1,958,428               $1,954,331

Adjutant General:

      Office of the Military                                   $27,431,603             $30,010,928

      Adjutant General’s Special Armory Account    64,218                       70,563

      Patriot Relief Fund                                                       577                       41,482

      Emergency Operations Center                            761,992                     669,259

      State Active Duty                                                  980,000                     830,000

      Division of Emergency Management            4,929,746                 5,079,059

      Emergency Management Assistance Grants 16,453,224             16,619,643

      Homeland Security                                               324,318                     334,336

Department of Corrections:

      Prison Medical Care                                       $2,682,221               $2,682,221

      Offenders’ Store Fund                                    30,526,424               28,311,474

      Office of the Director                                           667,213                     676,954

      Correctional Programs                                         997,139                     997,139

      Warm Springs Correctional Center                   117,220                     118,288

      Northern Nevada Correctional Center           1,932,663                 1,980,722

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 744 (CHAPTER 148, SB 504)κ

 

                                                                                   2023-2024                2024-2025

      Prison Industry                                                 $5,715,721               $5,198,082

      Stewart Conservation Camp                               259,296                     261,622

      Pioche Conservation Camp                                 135,553                     139,576

      Northern Nevada Transitional Housing            782,344                     782,495

      Three Lakes Valley Conservation Camp          195,886                     201,935

      Prison Ranch                                                      3,640,430                 3,411,102

      Southern Desert Correctional Center               1,809,968                 1,866,830

      Wells Conservation Camp                                     96,028                       99,679

      Humboldt Conservation Camp                             70,986                                 0

      Jean Conservation Camp                                     115,260                     117,953

      Ely State Prison                                                  1,982,971                 2,033,056

      Carlin Conservation Camp                                  106,254                     108,723

      Tonopah Conservation Camp                               38,461                                 0

      Lovelock Correctional Center                         1,850,073                 1,888,310

      Casa Grande Transitional Housing                 1,314,965                 1,317,818

      Florence McClure Women’s Correctional Center 1,238,091        1,274,251

      High Desert State Prison                                  3,847,575                 3,980,166

      Inmate Welfare Account                                  5,823,660                 5,702,072

Commission on Mineral Resources:

      Division of Minerals                                       $5,358,293               $5,312,459

State Department of Agriculture:

      Agriculture Registration/Enforcement        $6,534,362               $5,707,564

      Plant Health and Quarantine Services                 42,288                       44,491

      Livestock Inspection                                         2,408,711                 2,261,415

      Veterinary Medical Services                               269,723                     292,876

      Commercial Feed                                                  316,108                     362,360

      Measurement Standards                                   6,582,542                 6,843,115

      Pest, Plant Disease, Noxious Weed Control 1,413,747                 1,214,100

      Administrative Services                                   3,947,702                 3,730,025

      Predatory Animal and Rodent Control                32,501                       32,501

      Nutrition Education Programs                    308,053,246             246,394,477

      Dairy Fund                                                          2,806,508                 3,098,527

      Commodity Foods Distribution Program    23,370,935               24,009,212

      Livestock Enforcement                                        307,010                     314,461

Public Utilities Commission of Nevada:

      Public Utilities Commission                       $18,325,940             $17,199,623

Nevada Gaming Control Board:

      Gaming Control Board                                 $13,651,509             $13,672,649

      Gaming Control Board Investigation Fund 13,448,187               13,469,327

Department of Public Safety:

      Division of Parole and Probation               $11,800,195             $12,163,773

      Investigation Division                                       1,670,819                 1,677,571

      Training Division                                                  104,232                     107,112

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 745 (CHAPTER 148, SB 504)κ

 

                                                                                   2023-2024                2024-2025

      State Fire Marshal                                           $5,338,201               $5,594,502

      Cigarette Fire Safe Standard and Firefighter Support 63,595             61,950

      Traffic Safety                                                     8,756,901                 8,756,901

      Highway Safety Plan and Administration     3,083,478                 3,134,367

      Motorcycle Safety Program                             1,135,266                 1,056,645

      Evidence Vault                                                      820,882                     851,566

      Forfeitures – Law Enforcement                          384,159                     390,656

      NHP K-9 Program                                                  29,047                       29,956

      Director’s Office                                                5,498,140                 5,710,672

      Office of Professional Responsibility               928,952                     948,910

      Dignitary Protection                                               72,241                       75,513

      Justice Assistance Act                                       1,567,654                 1,577,621

      Central Repository for Nevada Records of Criminal History    34,537,705   29,374,199

      Nevada Highway Patrol Division                   8,748,227                 8,935,334

      Records, Communications and Compliance Division 7,328,256  7,629,679

      Highway Safety Grants Account                    2,452,685                 2,491,042

      Capitol Police                                                     3,879,486                 3,995,356

      State Emergency Response Commission      3,990,341                 3,875,052

      Justice Assistance Grant Trust Account        1,749,151                 1,749,151

      Justice Grant                                                          442,630                     416,860

      Account for Reentry Programs                               5,000                         5,000

Colorado River Commission of Nevada:

      Colorado River Commission                         $9,305,795               $8,686,583

      Research and Development Account             13,832,120               14,010,803

      Power Delivery Project                                  19,467,396               23,704,177

      Power Marketing Fund                                   33,784,738               35,150,826

State Department of Conservation and Natural Resources:

      DEP – Administration                                  $12,167,484             $11,982,157

      DEP – Air Quality                                           11,233,963               11,095,415

      DEP – Water Pollution Control                      7,890,328                 6,954,089

      DEP – Materials Management and Corrective Action 20,467,707 20,920,784

      DEP – Mining Regulation/Reclamation        6,838,400                 6,994,325

      DEP – State Revolving Fund – Administration 6,030,257             6,246,198

      DEP – Water Quality Planning                       4,196,297                 4,302,069

      DEP – Safe Drinking Water Program            6,019,414                 6,047,194

      DEP – Industrial Site Cleanup                        3,329,953                 3,354,441

      Division of Natural Heritage                           1,096,104                 1,140,029

      State Environmental Commission                        70,081                       51,133

      Account for Off-Highway Vehicles               4,321,209                 3,844,649

      Conservation and Natural Resources Administration 998,988      1,011,290

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 746 (CHAPTER 148, SB 504)κ

 

                                                                                   2023-2024                2024-2025

      DEP – Water Planning Capital Improvement  $19,238                     $17,178

      Water Conservation and Infrastructure       49,753,697               49,756,067

      Division of State Parks                                   14,910,040               14,945,736

      Division of Water Resources                           5,294,708                 2,741,219

      Division of State Lands                                        456,706                     468,058

      Division of Forestry                                          4,427,355                 4,353,013

      Forest Fire Suppression                                  10,135,535                 8,874,135

      Forestry Conservation Camps                         2,392,876                 2,395,268

      Office of Historic Preservation                       1,112,653                 1,121,998

      Forestry Nurseries                                             1,053,557                     781,929

      Account to Restore the Sagebrush Ecosystem 1,151,155               1,078,668

      Environmental Quality Improvement                  65,161                       65,161

Tahoe Regional Planning Agency:

      Tahoe Regional Planning Agency              $17,692,908             $17,692,908

Department of Wildlife:

      Director’s Office                                           $10,069,826               $9,867,703

      Data and Technology Services                        5,329,667                 5,306,304

      Conservation Education                                   4,531,929                 4,621,425

      Law Enforcement                                              8,537,102                 8,520,480

      Game Management                                         10,629,459               10,337,613

      Fisheries Management                                    13,015,365               10,418,113

      Diversity Division                                             2,014,335                 2,050,413

      Habitat                                                               12,553,666               12,636,738

Department of Business and Industry:

      Nevada Attorney for Injured Workers         $4,275,718               $4,280,925

      Employee-Management Relations Board         857,139                     718,939

      New Markets Performance Guarantee                73,632                       68,450

      Labor Commissioner                                              20,178                       20,178

      Financial Institutions Investigations              1,874,039                 1,916,783

      Insurance Regulation                                      22,009,889               23,806,967

      Captive Insurers                                                 1,262,475                 1,122,525

      Common-Interest Communities                      7,157,273                 7,254,216

      Insurance Recovery                                              209,320                     209,320

      Real Estate Administration                              2,517,642                 2,520,031

      Real Estate Education and Research              1,411,964                 1,392,921

      Real Estate Recovery Account                        1,006,488                 1,006,488

      Real Estate Technology                                       808,338                     928,963

      Division of Financial Institutions                   9,681,416                 9,259,154

      Account for Affordable Housing                  80,218,544               66,731,316

      Special Housing Assistance                             2,056,772                 2,812,420

      Home Means Nevada Initiative                  250,000,000             125,000,000

      Housing Division                                               6,643,095                 6,428,481

      Housing Inspection and Compliance               6,070,837                 6,134,558

      Financial Institutions Audit                                 346,169                     342,615

      Division of Mortgage Lending                     21,703,616               22,203,891

 


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κ2023 Statutes of Nevada, Page 747 (CHAPTER 148, SB 504)κ

 

                                                                                   2023-2024                2024-2025

      Nevada Transportation Authority                 $3,637,792               $4,030,007

      Transportation Authority Administrative Fines 1,515,352            1,560,409

      Taxicab Authority                                              8,518,192                 8,080,181

      Division of Industrial Relations                    10,378,862                 9,303,566

      Business and Industry Administration           5,365,072                 5,492,079

      Occupational Safety and Health Enforcement 13,118,887          13,559,820

      Private Activity Bonds                                      2,071,614                 2,094,570

      Self-Insured – Workers’ Compensation            551,471                     708,158

      Safety Consultation and Training                   3,961,917                 4,080,664

      Mine Safety and Training                                2,118,710                 2,164,173

      Weatherization                                                 11,820,845               13,082,044

Department of Transportation:

      Transportation Administration                 $893,425,677          $894,984,740

      Nevada State Infrastructure Bank                      261,932                     265,605

      Bond Construction                                        151,500,000                                 0

Department of Motor Vehicles:

      Records Search                                              $12,559,720             $13,162,689

      Automation                                                         6,373,929                 6,673,816

      Department Transformation Effort                        5,000                         5,000

      Motor Carrier Division                                     2,847,399                 2,925,483

      Motor Vehicle Pollution Control                  12,074,336               12,290,145

      Verification of Insurance                               15,291,569               16,156,876

      Hearings Office                                                         2,490                         2,490

      Division of Field Services                             48,650,101               50,195,527

      Division of Compliance Enforcement               436,864                     443,534

      Division of Central Services and Records     9,527,524                 9,928,424

      Office of the Director                                        3,054,870                 3,101,740

      Administrative Services Division                   8,378,303                 8,496,127

      License Plate Factory                                        5,476,520                 5,155,068

Department of Employment, Training and Rehabilitation:

      Nevada Equal Rights Commission               $1,038,875                  $528,578

      Blind Business Enterprise Program                4,724,744                 4,818,921

      Bureau of Services to Persons Who Are Blind or Visually Impaired 2,578,347   2,555,015

      Bureau of Vocational Rehabilitation             18,186,908               18,012,058

      Rehabilitation Administration                         1,714,362                 1,737,271

      Disability Adjudication                                  21,088,705               21,366,158

      Administration                                                   6,732,274                 6,778,927

      Research and Analysis                                      3,361,503                 3,435,132

      Information Development and Processing  33,039,457               35,818,312

      Workforce Development                             103,541,889             112,523,178

      Employment Security Division Administration 1,994,547            2,080,959

      Unemployment Insurance                              45,591,555               42,059,287

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 748 (CHAPTER 148, SB 504)κ

 

                                                                                   2023-2024                2024-2025

      Employment Security – Special Fund       $45,648,671             $57,694,692

      Commission on Postsecondary Education        143,336                     149,097

      Governor’s Office of Workforce Innovation 3,683,905                 2,415,906

Public Employees’ Retirement System:

      Public Employees’ Retirement System     $27,789,908             $22,385,170

Public Employees’ Benefits Program:

      Public Employees’ Benefits Program      $587,750,211          $596,110,901

      Retired Employees’ Group Insurance          64,821,098               68,173,121

      Active Employees’ Group Insurance           255,161,289             261,871,641

Silver State Health Insurance Exchange:

      Silver State Health Insurance Exchange Administration          $23,342,749   $23,778,649

      Sec. 2.  1.  There is hereby authorized for expenditure from the money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products the sum of $821,832 for Fiscal Year 2023-2024 and the sum of $840,619 for Fiscal Year 2024-2025 to support the tobacco enforcement operations of the Attorney General Special Litigation Account.

      2.  Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products, the State Controller shall:

      (a) Disburse, on or after July 1, 2023, the money authorized for expenditure by subsection 1 in its entirety for Fiscal Year 2023-2024 before other disbursements required by law are made;

      (b) Disburse, on or after July 1, 2024, the money authorized for expenditure by subsection 1 in its entirety for Fiscal Year 2024-2025 before other disbursements required by law are made; and

      (c) Thereafter in each fiscal year, disburse all other money authorized for expenditure from this same source in the manner provided in NRS 439.630.

      3.  Any balance of the sums authorized for expenditure by subsection 1 remaining at the end of the respective fiscal years must be disbursed as soon as all payments of money committed have been made as follows: 40 percent to the Millennium Scholarship Trust Fund created by NRS 396.926 and 60 percent to the Fund for a Healthy Nevada created by NRS 439.620.

      4.  Any money authorized for expenditure in section 1 of this act that originated from the Fund for a Healthy Nevada remaining at the end of the respective fiscal years must be disbursed to the Fund for a Healthy Nevada as soon as all payments of money committed have been made.

      Sec. 3.  1.  Expenditure of $33,905,975 by the Nevada Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2023-2024.

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 749 (CHAPTER 148, SB 504)κ

 

      2.  Expenditure of $34,300,580 by the Nevada Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2024-2025.

      3.  Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the Nevada Gaming Control Board or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the Nevada Gaming Control Board or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.

      Sec. 4.  1.  Expenditure of $675,404 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2023-2024.

      2.  Expenditure of $650,109 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2024-2025.

      3.  Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the Nevada Gaming Commission or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the Nevada Gaming Commission or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.

      Sec. 5.  The money authorized to be expended by the provisions of sections 1 to 4, inclusive, of this act, except for expenditures by the Legislative and Judicial Departments of the State Government, the Public Employees’ Retirement System and the Tahoe Regional Planning Agency, must be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      Sec. 6.  1.  Except as otherwise provided in subsection 2 and section 7 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Office of Finance in the Office of the Governor may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1 to 4, inclusive, of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which the Chief determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Office of Finance in the Office of the Governor shall reduce any authorization whenever the Chief determines that money to be received will be less than the amounts authorized in sections 1 to 4, inclusive, of this act.

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 750 (CHAPTER 148, SB 504)κ

 

      2.  The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the Legislative Fund and the State Printing Fund for expenditure by the Legislative Counsel Bureau from any source which the Director determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever the Director determines that money to be received will be less than the amount so authorized in section 1 of this act.

      Sec. 7.  1.  Except as otherwise provided in sections 8, 11, 13, 14, 15, 17, 18, 26 and 27 of this act and subsection 3 of section 9 of this act, where the operation of an office, department, board, agency, commission, institution or program is financed during the 2023-2025 biennium by an appropriation or appropriations from the State General Fund or the State Highway Fund, as well as by money received from other sources, the portion provided by appropriation from the State General Fund or the State Highway Fund must be decreased to the extent that the receipts of the money from other sources is exceeded, unless:

      (a) Such a decrease jeopardizes the receipts of the money from those other sources.

      (b) Upon recommendation of the Governor, the office, department, board, agency, commission, institution or program requests and is granted an exemption by the Interim Finance Committee from the requirements of this subsection for all or a portion of the excess appropriated money.

      2.  In acting upon a request for an exemption pursuant to paragraph (b) of subsection 1, the Interim Finance Committee shall consider, among other things:

      (a) The reason provided for the exemption, including, without limitation, the current need for the excess appropriated money; and

      (b) The intent of the Legislature in approving the budget for the current biennium.

      Sec. 8.  1.  The Nevada System of Higher Education may expend the following fees and tuition collected from the registration of students, resident or nonresident:

                                                                                  Fiscal Year               Fiscal Year

                                                                                   2023-2024                2024-2025

University of Nevada, Reno                            $118,105,447          $124,103,152

University of Nevada, Las Vegas                     141,106,070             141,663,746

College of Southern Nevada                                44,991,044               45,996,043

Western Nevada College                                        5,033,625                 5,039,043

Truckee Meadows Community College            12,971,665               13,244,867

Great Basin College                                                 5,338,456                 5,378,153

Nevada State College                                            13,588,521               14,041,908

UNLV Dental School                                              9,275,277                 9,520,314

UNLV Law School                                                  6,167,013                 6,288,273

UNR School of Medicine                                       7,709,594                 7,589,357

UNLV School of Medicine                                    5,108,098                 5,344,277

Prison Education Program                                         131,303                     151,119

      2.  The Nevada System of Higher Education may expend any additional registration fees and any additional nonresident tuition fees collected from students as a result of registering additional students beyond the budgeted enrollments. The Nevada System of Higher Education may also expend any additional registration fees and nonresident tuition fees resulting from the imposition of fee increases. The Nevada System of Higher Education shall report to the Interim Finance Committee on a biannual basis within 60 days after each reporting period, with the first reporting period to cover July 1, 2023, to December 31, 2023, any additional registration fees and any additional nonresident tuition fees received by each institution beyond the authorized amounts in subsection 1, including identification of the expenditures funded through the additional fees.

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 751 (CHAPTER 148, SB 504)κ

 

report to the Interim Finance Committee on a biannual basis within 60 days after each reporting period, with the first reporting period to cover July 1, 2023, to December 31, 2023, any additional registration fees and any additional nonresident tuition fees received by each institution beyond the authorized amounts in subsection 1, including identification of the expenditures funded through the additional fees.

      3.  At the close of Fiscal Year 2023-2024 and Fiscal Year 2024-2025, the amounts authorized for the Nevada System of Higher Education, as provided in section 1 of this act, shall be considered cumulatively for each budget account. Authorized revenues received within each budget account that do not exceed the amount included in section 1 of this act, combined with authorized amounts approved by the Board of Regents of the University of Nevada and the Office of Finance in the Office of the Governor, if applicable, must not be utilized to decrease appropriations from the State General Fund when determining whether a reversion to the State General Fund is required at the close of Fiscal Year 2023-2024 and Fiscal Year 2024-2025.

      Sec. 9.  1.  Except as otherwise provided in subsections 2 and 3, the State Public Defender shall collect not more than the following amounts from the counties for the use of his or her services:

 

                                                                                  Fiscal Year               Fiscal Year

                                                                                   2023-2024                2024-2025

Carson City                                                             $1,423,965               $1,441,297

Storey County                                                              102,134                     103,377

White Pine County                                                      432,329                     409,656

Totals                                                                       $1,958,428               $1,954,331

      2.  The State Public Defender may assess and collect, from the counties, their pro rata share of any salary benefit or cost of living increases approved by the 82nd Session of the Nevada Legislature for employees of the Office of State Public Defender for Fiscal Year 2023-2024 and Fiscal Year 2024-2025.

      3.  If any county chooses to contribute an additional amount, the State Public Defender may, with the approval of the Interim Finance Committee, accept it and apply it to augment his or her services.

      Sec. 10.  In Fiscal Year 2023-2024 and Fiscal Year 2024-2025, the State Treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535, to be paid on fuel used in watercraft for recreational purposes, equally between the Department of Wildlife and the Division of State Parks of the State Department of Conservation and Natural Resources.

      Sec. 11.  Money authorized for expenditure in section 1 of this act by the State Department of Conservation and Natural Resources for the Division of Forestry, the Forestry Conservation Camps and the Forest Fire Suppression budget accounts for the costs of repair and maintenance of fire-fighting and emergency response vehicles may be expended for that purpose.

      Sec. 12.  1.  Of the amount authorized for expenditure from the COVID-19 Relief Programs budget account that has been balanced forward from Fiscal Year 2022-2023 to Fiscal Year 2023-2024 pursuant to paragraph (b) of subsection 8 of NRS 353.220, the Chief of the Budget Division of the Office of Finance in the Office of the Governor shall, not later than September 15, 2023, advance at least 50 percent of an allocation of such authorized money to a state agency or organization for which the allocation has been approved in accordance with the Final Rule of the United States Department of the Treasury, 31 C.F.R. Part 35, RIN 1505-AC77. The Chief shall make subsequent advances of such an approved allocation to the state agency or organization in Fiscal Year 2023-2024 upon a determination by the Chief that the state agency or organization has demonstrated a sufficient expenditure plan for the allocated money in Fiscal Year 2023-2024 and justified the need for the advance.

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 752 (CHAPTER 148, SB 504)κ

 

agency or organization in Fiscal Year 2023-2024 upon a determination by the Chief that the state agency or organization has demonstrated a sufficient expenditure plan for the allocated money in Fiscal Year 2023-2024 and justified the need for the advance.

      2.  Of the amount authorized for expenditure from the COVID-19 Relief Programs budget account pursuant to section 1 of this act for Fiscal Year 2023-2024, the Chief of the Budget Division shall, not later than July 31, 2023, advance at least 50 percent of an allocation of such authorized money to a state agency or organization for which the allocation has been approved in accordance with the Final Rule of the United States Department of the Treasury, 31 C.F.R. Part 35, RIN 1505-AC77. The Chief shall make subsequent advances of such an approved allocation to the state agency or organization in Fiscal Year 2023-2024 upon a determination by the Chief that the state agency or organization has demonstrated a sufficient expenditure plan for the allocated money in Fiscal Year 2023-2024 and justified the need for the advance.

      3.  Of the amount authorized for expenditure from the COVID-19 Relief Programs budget account pursuant to section 1 of this act for Fiscal Year 2024-2025, the Chief of the Budget Division shall advance at least 50 percent of an allocation of such authorized money to a state agency or organization for which an allocation of such money has been approved in accordance with the Final Rule of the United States Department of the Treasury, 31 C.F.R. Part 35, RIN 1505-AC77 by July 31, 2024, if the Chief determines that the state agency or organization has demonstrated a sufficient expenditure plan for the allocated money in Fiscal Year 2024-2025 and justified the need for the advance. The Chief may make an initial advance of at least 50 percent of an allocation after July 31, 2024, if the Chief determines that the state agency or organization has demonstrated a sufficient expenditure plan for the allocated money in Fiscal Year 2024-2025 and justified the need for the advance. The Chief shall make subsequent advances of an approved allocation to the state agency or organization in Fiscal Year 2024-2025 upon a determination by the Chief that the state agency or organization has justified the need for the subsequent advance.

      Sec. 13.  Money authorized for expenditure in section 1 of this act by the State Department of Conservation and Natural Resources for the Division of Forestry and Forest Fire Suppression budget accounts for support of the incident business unit may be expended for that purpose.

      Sec. 14.  Money authorized for expenditure in section 1 of this act by the State Department of Conservation and Natural Resources for the Forest Fire Suppression budget account for the support of the incident business unit and up to $425,000 for the repair and maintenance of fire-fighting and emergency response vehicles that remains unexpended on June 30 of Fiscal Year 2023-2024 or Fiscal Year 2024-2025 may be carried forward to the next fiscal year for those purposes.

      Sec. 15.  Notwithstanding any provision of law to the contrary, the Western Interstate Commission for Higher Education Loans and Stipends budget account may balance forward to the subsequent fiscal year for expenditure on Health Profession Education Program slots any unobligated loan, stipend and interest repayment revenues authorized by section 1 of this act which were received after May 15 of each fiscal year in the 2023-2025 biennium.

      Sec. 16.  Money deposited in the Emergency Operations Center budget account of the Office of the Military is restricted to the uses specified, and the unexpended balance of that money on June 30 of Fiscal Year 2023-2024 and Fiscal Year 2024-2025 may be carried forward to the next fiscal year.

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 753 (CHAPTER 148, SB 504)κ

 

the unexpended balance of that money on June 30 of Fiscal Year 2023-2024 and Fiscal Year 2024-2025 may be carried forward to the next fiscal year.

      Sec. 17.  If the Division of Child and Family Services of the Department of Health and Human Services or Clark County or Washoe County receives an additional amount of money from sources other than the State General Fund during Fiscal Year 2023-2024 or Fiscal Year 2024-2025, the Division or County may, with the approval of the Interim Finance Committee, accept the money and apply it to augment child welfare services. This section does not apply to Medicaid funding received, directly or indirectly, as a result of a state plan option related to specialized foster care.

      Sec. 18.  Money authorized for expenditure in section 8 of this act for the Nevada System of Higher Education that remains unexpended on June 30 of either fiscal year may be carried forward to the next fiscal year for the authorized purposes.

      Sec. 19.  Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program for the Municipal Bond Bank Revenue or Municipal Bond Bank Debt Service budget account of the Office of the State Treasurer. This section only applies to the bond repayment costs of the bonds from the budget accounts prescribed in this section. As used in this section, “bond repayment costs” means the principal, interest and related costs of issuance of the bonds and any other costs related to the payment of the bonds or compliance with covenants made in connection with those bonds, as estimated by the State Treasurer.

      Sec. 20.  Notwithstanding the provisions of NRS 334.040, if the Fleet Services Division of the Department of Administration sells a retired vehicle during the 2023-2025 biennium that was purchased with money from an appropriation from the State General Fund, the revenue from such a sale must be deposited in the State General Fund.

      Sec. 21.  1.  The Public Employees’ Benefits Program shall comply with the provisions of NRS 353.220 when projecting funding available in excess of projected budgeted expenditures.

      2.  Notwithstanding the provisions of NRS 353.220, the Public Employees’ Benefits Program, including, without limitation, the Board of the Public Employees’ Benefits Program, shall not expend or otherwise obligate reserves, either realized or projected, in excess of the amounts authorized in section 1 of this act for purposes of changing the health benefits available to state and nonstate active employees, retirees and covered dependents over the 2023-2025 biennium without approval of the Interim Finance Committee, upon the recommendation of the Governor.

      Sec. 22.  To support the Nevada State Infrastructure Bank governed by NRS 408.55048 to 408.55088, inclusive, the use of interest earnings on amounts in the Consolidated Bond Interest and Redemption Fund not needed to meet the requirements of NRS 349.110, in an amount not to exceed the amounts authorized in section 1 of this act in the 2023-2025 biennium plus other adjustments as passed or authorized by the Legislature or Interim Finance Committee, is authorized to be transferred to the Nevada Statewide Infrastructure Bank budget account for personnel and operating expenditures of the Nevada State Infrastructure Bank pursuant to NRS 408.55048 to 408.55088, inclusive.

      Sec. 23.  It is the intent of the Legislature that the amounts authorized in section 1 of this act for the Nevada Medicaid and the Nevada Check-Up Program budget accounts of the Division of Health Care Financing and Policy of the Department of Health and Human Services must be expended in such a manner as to continue the current service delivery model for prescription drugs in which persons who are enrolled in a Medicaid or Check-Up managed care program receive prescription drugs through a Medicaid managed care organization in the 2023-2025 biennium.

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 754 (CHAPTER 148, SB 504)κ

 

Policy of the Department of Health and Human Services must be expended in such a manner as to continue the current service delivery model for prescription drugs in which persons who are enrolled in a Medicaid or Check-Up managed care program receive prescription drugs through a Medicaid managed care organization in the 2023-2025 biennium.

      Sec. 24.  There is hereby authorized from the State Highway Fund to the Department of Transportation the sum of $22,059,063 for the continuing costs of the replacement of the Nevada Shared Radio System.

      Sec. 25.  Of the money authorized for expenditure in section 1 of this act by the Department of Public Safety for the Central Repository for Nevada Records of Criminal History budget account, any fee revenues collected on or before June 30, 2023, that balance forward into the 2023-2025 biennium must be expended before any fee revenues received after June 30, 2023, and State General Fund appropriations may be expended. This section does not apply to appropriations received from the State General Fund for the statewide program to track sexual assault forensic evidence kits established pursuant to NRS 200.3788.

      Sec. 26.  In addition to the amounts authorized for expenditure in section 1 of this act, if the Division of Child and Family Services of the Department of Health and Human Services receives additional money not appropriated from the State General Fund or the State Highway Fund during Fiscal Year 2023-2024 or Fiscal Year 2024-2025 for the Victims of Crime budget account, the Division may accept the money in accordance with chapter 353 of NRS to support the Victims of Crime budget account.

      Sec. 27.  If the Administrative Office of the Courts receives any money as a result of a settlement agreement related to on-going litigation pertaining to the implementation of a statewide trial court case management system, the Administrative Office of the Courts shall accept the money and use it for the implementation, enhancement or maintenance of a statewide trial court case management system. The unexpended balance of any money so received does not revert to the State General Fund and must be carried forward to the next fiscal year to be used for the implementation, enhancement or maintenance of a statewide trial court case management system.

      Sec. 28.  If the name of an officer or agency has been changed or the responsibilities of an officer or agency have been transferred pursuant to the provisions of another act enacted by the 82nd Session of the Nevada Legislature and approved by the Governor and the change in name or transfer of duties is not indicated in this act, any reference to that officer or agency in this act shall be deemed to refer to the officer or agency the name of which or duties of which have been changed or transferred by the other act.

      Sec. 29.  1.  This section and section 28 of this act become effective upon passage and approval.

      2.  Sections 1 to 23, inclusive, 25, 26 and 27 of this act become effective on July 1, 2023.

      3.  Section 24 of this act becomes effective on July 1, 2023, if and only if, Assembly Bill No. 477 of this session is not enacted by the Legislature and does not become effective.

________

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 755κ

 

CHAPTER 149, AB 285

Assembly Bill No. 285–Assemblywomen Taylor, Torres, Anderson, Bilbray-Axelrod and Hansen

 

CHAPTER 149

 

[Approved: May 31, 2023]

 

AN ACT relating to education; removing certain requirements for the use of restorative disciplinary practices in public schools; requiring certain schools to provide a progressive discipline plan based on restorative justice to certain pupils; revising provisions governing the development of a plan of discipline by the board of trustees of a school district or governing body of a charter school or university school for profoundly gifted pupils; revising provisions governing age and certain other requirements for the suspension, expulsion and permanent expulsion of pupils; requiring the provision and reporting of a plan to provide education services to certain pupils; revising provisions governing the reporting of certain data concerning discipline of pupils; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the board of trustees of each school district to establish a plan to provide for the restorative discipline of pupils, developed: (1) in accordance with the statewide framework for restorative justice developed by the Department of Education; and (2) with input from certain school personnel and the parents and guardians of pupils. (NRS 392.4644) Existing law: (1) to the extent that money is available, requires the Department to develop a statewide framework for restorative justice; and (2) sets forth requirements for that framework. (NRS 388.1333) Section 5 of this bill removes the requirement to establish such a plan, instead requiring that the board of trustees of each school district, the governing body of each charter school and the governing body of each university school for profoundly gifted pupils establish a plan of progressive discipline. Section 5 also requires such entities to include within such a plan: (1) disciplinary practices based on restorative justice; (2) methods of alternative conflict resolution and interventions based on social and emotional learning; and (3) provisions for the placement of a pupil in a more restrictive educational environment at the school or at a different school. Sections 1 and 2 of this bill make conforming changes relating to the removal of this requirement. Section 2.5 of this bill: (1) requires the Department to develop the statewide framework for restorative justice regardless of funding; and (2) requires the framework developed by the Department to include certain training on school climate for teachers, administrators and other school staff.

      Existing law requires, in general, that a public school provide a plan of action based on restorative justice before removing a pupil from a classroom or the premises of the school or suspending or expelling the pupil. Existing law requires the Department to develop one or more examples of such a plan of action, with certain required elements. (NRS 392.472) Section 9 of this bill requires a public school to instead provide a progressive discipline plan based on restorative justice: (1) to a pupil who has been suspended for at least 5 cumulative days during a school year; and (2) within 2 days after removing a pupil. Section 9 additionally requires an example of a progressive discipline plan developed by the Department to include certain determinations concerning an individualized education program. Further, section 9 requires the plan to be made available to certain personnel. Sections 3 and 4 of this bill provide similar requirements concerning the provision of progressive discipline plans based on restorative justice for charter schools and university schools for profoundly gifted pupils.

 


…………………………………………………………………………………………………………………

κ2023 Statutes of Nevada, Page 756 (CHAPTER 149, AB 285)κ

 

      Existing law requires a public school to offer certain education services to a pupil who is removed from a classroom or the premises of a public school for more than 2 days. (NRS 392.4645) Section 5.5 of this bill requires the public school to, on or before August 1 of each year, develop or review and revise a plan to offer such services to, without limitation, pupils who are less than 11 years of age and requires the plan to include: (1) an option to provide such services in an in-person setting; (2) the location of such services; and (3) a plan for the pupil to complete certain assignments. Section 5.5 requires each public school to, on or before August 1 of each year, submit such a plan to: (1) 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; (2) the State Board of Education; and (3) the Joint Interim Standing Committee on Education. Section 5.5 also requires each school district to, on or before August 1 of each year, collect a representative sample of the plans developed and submit a copy of the sampled plans to the: (1) Joint Interim Standing Committee on Education; (2) Department of Education; and (3) State Board. Section 1 requires the plan developed pursuant to section 5.5 to be included in the annual report of accountability for the quality of schools and the educational achievement of pupils.

      Existing law authorizes, under certain circumstances, the suspension, expulsion or permanent expulsion of a pupil who attends a public school, charter school or university school for profoundly gifted pupils and who is at least 11 years of age. (NRS 388A.495, 388C.150, 392.466, 392.467) Existing law further provides that a pupil who is less than 11 years of age may be suspended, expelled or permanently expelled by the public school in which the pupil is enrolled if such a punishment is approved by the board of trustees of the school district. (NRS 392.466) Section 7 of this bill provides for the suspension, expulsion or permanent expulsion of certain pupils who are at least 11 years of age. Section 7: (1) provides that pupils who are less than 11 years of age may, following review and approval by certain school officials, be suspended in certain situations; and (2) prohibits, in general, the expulsion or permanent expulsion of a pupil who is less than 11 years of age. Sections 3 and 4 apply these provisions to the discipline of certain pupils in charter schools and university schools for profoundly gifted pupils, respectively.

      Under existing law, a public school is prohibited, in general, from permanently expelling a pupil who is less than 11 years of age, except for certain situations in which such a punishment is authorized by the board of trustees of a school district. (NRS 392.466, 392.467) Section 8 of this bill additionally prohibits a public school, in general, from expelling such a pupil. Section 7 provides that, for a pupil who sells or distributes a controlled substance in certain situations or commits a battery other than a battery intended to result in the bodily injury of an employee of the school in various school settings: (1) the pupil may be suspended if he or she is less than 11 years of age and may also be expelled or permanently expelled if he or she is at least 11 years of age; (2) the suspension of a pupil who is less than 6 years of age must be reviewed by the superintendent of the school district or his or her designee; and (3) if the removal is of a pupil with a disability, such removal must comply with federal law. Additionally, section 7 provides that, for a pupil who commits a battery which is intended to result in the bodily injury of an employee of the school: (1) the pupil shall be suspended or expelled if he or she is at least 8 years of age; (2) the suspension of a pupil who is less than 6 years of age must be reviewed and approved by the superintendent of the school district or his or her designee; and (3) if the removal is of a pupil with a disability, such removal must comply with federal law. Finally section 7 provides that a pupil who is found in possession of a firearm at a public school or an activity or school bus of a public school: (1) shall be suspended, expelled or permanently expelled if he or she is at least 11 years of age; (2) shall be suspended or expelled if he or she is at least 8 but less than 11 years of age; (3) may be suspended if he or she is at least 6 but less than 8 years of age; (4) may be suspended if he or she is less than 6 years of age upon review and approval by the superintendent of the school district or his or her designee; and (5) if the pupil is a pupil with a disability, any removal of the pupil must comply with federal law. Sections 3 and 4 apply similar provisions to charter schools and university schools for profoundly gifted pupils, respectively.

 


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      Existing law provides the process for the principal of a school to deem a pupil a habitual disciplinary problem. (NRS 392.4655) Existing law additionally provides the process by which, after a principal determines a pupil is not a habitual disciplinary problem, a teacher may appeal the decision to the board of trustees of the school district. Section 6 of this bill provides that a pupil must be at least 11 years of age to be deemed a habitual disciplinary problem. Section 6 additionally requires that the pupil be deemed a habitual disciplinary problem if the school has written evidence showing that the pupil did not make efforts to enter into or participate in a plan of behavior. Section 6 revises the persons to whom a pupil or legal guardian of a pupil may appeal a determination that the pupil is a habitual disciplinary problem.

      Existing law requires, in general, that the principal of a school deem a pupil a habitual disciplinary problem following a determination that homelessness is not the cause of the behavior of the pupil. (NRS 392.4655) Existing law also requires that, to suspend or expel a pupil in certain situations, a determination be made that the behavior of a pupil is not caused by homelessness or being in foster care. (NRS 392.466, 392.467) Section 6 removes the requirement that a principal presume the behavior of a pupil is due to homelessness unless evidence indicates otherwise. Additionally, section 6 requires that, before deeming a pupil to be a habitual disciplinary problem, a determination be made that: (1) homelessness is not a factor in the behavior of the pupil; and (2) the placement of the pupil in foster care is not a factor in his or her behavior. Similar requirements are prescribed by sections 7 and 8.

      Existing law requires each public school to collect data on the discipline of pupils. (NRS 392.462) Section 4.5 of this bill requires such data collection to occur quarterly. Section 4.5 also requires the data collection to include data on: (1) the implementation of a plan for progressive discipline; (2) the training that teachers and administrators have received regarding the plan; (3) the number of staff positions in the school that are vacant; (4) the average class size for each grade in the school; and (5) the ratio of pupils to school counselors, psychologists and social workers. Section 4.5 additionally requires the principal of each school to, before August 1 of each year, report the data to: (1) the board of trustees of the school district; (2) the Joint Interim Standing Committee on Education; (3) the Superintendent of Public Instruction; and (4) the Department of Education.

      Existing law requires the Department to include in the statewide system of accountability for public schools data to recognize public schools that reduce the frequency of suspension, expulsion or removal of pupils from school. (NRS 385A.605) Section 1.5 of this bill requires certain data collected pursuant to section 4.5 to be included in the statewide system of accountability.

 

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 385A.250 is hereby amended to read as follows:

      385A.250  1.  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the discipline of pupils, including, without limitation:

      (a) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school sponsored by the district.

      (b) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school sponsored by the district.

      (c) Records of the suspension or expulsion, or both, of pupils required or authorized pursuant to NRS 392.466 and 392.467.

 


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      (d) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

      (e) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, and categorized by types of incidents and the demographics identified in subsection 1 of NRS 388.1235:

             (1) The number of reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school, regardless of the outcome of the investigation conducted pursuant to NRS 388.1351;

             (2) The number of incidents determined to be discrimination based on race, bullying or cyber-bullying after an investigation is conducted pursuant to NRS 388.1351;

             (3) The number of incidents resulting in suspension or expulsion, or both, for discrimination based on race, bullying or cyber-bullying; and

             (4) Any actions taken to reduce the number of incidents of discrimination based on race, bullying or cyber-bullying including, without limitation, training that was offered or other policies, practices and programs that were implemented.

      (f) For each high school in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, and for high schools in the district as a whole:

             (1) The number and percentage of pupils whose violations of the code of honor relating to cheating prescribed pursuant to NRS 392.461 or any other code of honor applicable to pupils enrolled in high school were reported to the principal of the high school, reported by the type of violation;

             (2) The consequences, if any, to the pupil whose violation is reported pursuant to subparagraph (1), reported by the type of consequence;

             (3) The number of any such violations of a code of honor in a previous school year by a pupil whose violation is reported pursuant to subparagraph (1), reported by the type of violation; and

             (4) The process used by the high school to address violations of a code of honor which are reported to the principal.

      (g) For each school in the district, including, without limitation, each charter school sponsored by the district, information on:

             (1) The plan [for restorative justice and the process] for progressive discipline used by the school [;] and any disciplinary practices based on restorative justice used by the school;

             (2) The plan developed pursuant to subsection 4 of NRS 392.4645; and

             (3) The manner in which the school trains employees on restorative justice and progressive discipline.

      2.  The information included pursuant to subsection 1 must allow such information to be disaggregated by:

      (a) Pupils who are economically disadvantaged;

      (b) Pupils from major racial and ethnic groups;

      (c) Pupils with disabilities;

      (d) Pupils who are English learners;

      (e) Pupils who are migratory children;

      (f) Gender;

      (g) Pupils who are homeless;

      (h) Pupils in foster care; and

 


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      (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.

      3.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Discrimination based on race” has the meaning ascribed to it in NRS 388.1235.

      (d) “Expulsion” has the meaning ascribed to it in NRS 392.4603.

      (e) “Restorative justice” has the meaning ascribed to it in NRS 392.472.

      (f) “Suspension” has the meaning ascribed to it in NRS 392.4607.

      Sec. 1.5. NRS 385A.605 is hereby amended to read as follows:

      385A.605  The Department shall include in the statewide system of accountability for public schools data [to] :

      1.  To recognize public schools that reduce the frequency of the suspension, expulsion or removal of pupils from school as a means of discipline, including, without limitation, a reduction in the occurrences of the suspension, expulsion or removal of pupils that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250 [.] ; and

      2.  That is collected pursuant to NRS 392.462 and submitted to the Department pursuant to paragraph (d) of subsection 2 of that section.

      Sec. 2. NRS 388.133 is hereby amended to read as follows:

      388.133  1.  The Department shall, in consultation with the governing bodies, educational personnel, local associations and organizations of parents whose children are enrolled in schools throughout this State, and individual parents and legal guardians whose children are enrolled in schools throughout this State, prescribe by regulation a policy for all school districts and schools to provide a safe and respectful learning environment that is free of discrimination based on race, bullying and cyber-bullying.

      2.  The policy must include, without limitation:

      (a) Requirements and methods for reporting violations of NRS 388.135, including, without limitation, violations among teachers and violations between teachers and administrators, coaches and other personnel of a school district or school;

      (b) Requirements and methods for addressing the rights and needs of persons with diverse gender identities or expressions;

      (c) [Requirements and methods] Recommendations for restorative disciplinary practices that align with the statewide framework for restorative justice ; [if such a framework is developed pursuant to NRS 388.1333;] and

      (d) A policy for use by school districts and schools to train members of the governing body and all administrators, teachers and all other personnel employed by the governing body. The policy must include, without limitation:

             (1) Training in the appropriate methods to facilitate positive human relations among pupils by eliminating the use of discrimination based on race, bullying and cyber-bullying so that pupils may realize their full academic and personal potential;

             (2) Training in methods to prevent, identify and report incidents of discrimination based on race, bullying and cyber-bullying;

             (3) Training concerning the needs of persons with diverse gender identities or expressions;

             (4) Training concerning the needs of pupils with disabilities and pupils with autism spectrum disorder;

             (5) Methods to promote a positive learning environment;

 


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             (6) Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and

             (7) Methods to teach skills to pupils so that the pupils are able to replace inappropriate behavior with positive behavior.

      Sec. 2.5. NRS 388.1333 is hereby amended to read as follows:

      388.1333  1.  [To the extent that money is available, the] The Department shall develop a statewide framework for restorative justice. The statewide framework must, without limitation:

      (a) In accordance with NRS 392.472, establish standards for a progressive discipline plan [of action] based on restorative justice to enable a public school to address the unique needs of pupils enrolled in the school;

      (b) Provide for the identification of and address the needs of homeless pupils, unaccompanied pupils or pupils in foster care;

      (c) Address the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250; and

      (d) Provide for the improvement of school climate, culture and safety and pupil outcomes by providing information and training for teachers, administrators and other school staff on, without limitation:

             (1) Multi-tiered systems of support;

             (2) Early warning systems;

             (3) Positive behavioral interventions and support;

             (4) The provision of school social workers;

             (5) Curriculum on social and emotional learning; [and]

             (6) Trauma-informed practices; [and

      (e) Provide for training for teachers, administrators and other school staff in:

             (1)](7) Child and adolescent development;

             [(2)](8) Restorative justice, including, without limitation, positive behavioral interventions and support, conflict resolution and de-escalation techniques; and

             [(3)](9) Psychology, trauma and chronic stress, the effect of trauma and chronic stress on pupils and learning and effective responses to trauma and chronic stress.

      2.  The Department may apply for grants, gifts and donations of money to carry out the objectives of the statewide framework for restorative justice.

      3.  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) “Restorative justice” has the meaning ascribed to it in NRS 392.472.

      (d) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

      Sec. 3. NRS 388A.495 is hereby amended to read as follows:

      388A.495  1.  A governing body of a charter school shall adopt:

      (a) Written rules of behavior required of and prohibited for pupils attending the charter school; and

      (b) Appropriate punishments for violations of the rules.

      2.  [If] A pupil enrolled in a charter school shall only be suspended or expelled in a manner consistent with the requirements for the suspension or expulsion of a pupil enrolled in a public school within a school district as set forth in NRS 392.4601 to 392.472, inclusive.

 


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      3.  Except as otherwise provided in NRS 392.467, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, before the suspension or expulsion, the pupil and, if the pupil is under 18 years of age, the parent or guardian of the pupil, has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. If a pupil is suspended or expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the suspension or expulsion in accordance with the provisions of NRS 392.4671. The charter school shall ensure that a pupil who is suspended or expelled and is appealing the suspension or expulsion or a pupil who is being considered for suspension or expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by NRS 392.4673. The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such a hearing or proceeding must be closed to the public.

      [3.  A pupil who is at least 11 years of age and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school only after the charter school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.]

      4.  [A pupil with a disability who is at least 11 years of age and who is enrolled in a charter school may, in accordance with the procedural policy adopted by the governing body of the charter school for such matters and only after the governing body or its designee has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

      (a) Suspended from the charter school pursuant to this section for not more than 5 days for each occurrence of proscribed conduct.

      (b) Expelled from school pursuant to this section.

      (c) Permanently expelled from school pursuant to this section.

      5.]  A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

      (a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.

      (b) Available for public inspection at the charter school.

      [6.]5.  The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

      [7.]6.  As used in this section:

      (a) “Expel” or “expulsion” has the meaning ascribed to it in NRS 392.4603.

      (b) [“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

 


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             (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.

      (c) “Pupil with a disability” has the meaning ascribed to it in NRS 388.417.

      (d)] “Suspend” or “suspension” has the meaning ascribed to it in NRS 392.4607.

      Sec. 4. NRS 388C.150 is hereby amended to read as follows:

      388C.150  1.  The governing body of a university school for profoundly gifted pupils shall adopt:

      (a) Written rules of behavior for pupils enrolled in the university school, including, without limitation, prohibited acts; and

      (b) Appropriate punishments for violations of the rules.

      2.  [If] A pupil enrolled in a university school for profoundly gifted pupils shall only be suspended or expelled in a manner consistent with the requirements for the suspension or expulsion of a pupil enrolled in a public school within a school district as set forth in NRS 392.4601 to 392.472, inclusive.

      3.  Except as otherwise provided in NRS 392.467, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the university school for profoundly gifted pupils shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. If a pupil is suspended or expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the suspension or expulsion in accordance with the provisions of NRS 392.4671. The university school shall ensure that a pupil who is suspended or expelled and is appealing the suspension or expulsion or a pupil who is being considered for suspension or expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by NRS 392.4673. The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such a hearing or proceeding must be closed to the public.

      [3.  A pupil who is at least 11 years of age and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed only after the university school for profoundly gifted pupils has made a reasonable effort to complete a plan of action based on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.]

      4.  [A pupil with a disability who is at least 11 years of age and who is enrolled in a university school for profoundly gifted pupils may, in accordance with the procedural policy adopted by the governing body of the university school for such matters and only after the governing body or its designee has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

      (a)Suspended from the university school pursuant to this section for not more than 5 days for each occurrence of proscribed conduct.

      (b) Expelled from school pursuant to this section.

      (c) Permanently expelled from school pursuant to this section.

 


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      5.] A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

      (a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters the university school for profoundly gifted pupils during the year.

      (b) Available for public inspection at the university school.

      [6.]5.  The governing body of a university school for profoundly gifted pupils may adopt rules relating to the truancy of pupils who are enrolled in the university school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If the governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

      [7.]6.  As used in this section:

      (a) “Expel” or “expulsion” has the meaning ascribed to it in NRS 392.4603.

      (b) [“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.

      (c) “Pupil with a disability” has the meaning ascribed to it in NRS 388.417.

      (d)] “Suspend” or “suspension” has the meaning ascribed to it in NRS 392.4607.

      Sec. 4.5. NRS 392.462 is hereby amended to read as follows:

      392.462  Each public school shall quarterly collect data on the discipline of pupils [.] and the plans developed pursuant to NRS 392.4644. Such data must include, without limitation, the number of expulsions and suspensions of pupils [and] , the number of staff positions in the school that are vacant, the average class size for each grade in the school, the implementation of each plan, the training received by teachers and administrators regarding each plan, the number of placements of pupils in another school [.] and the ratio of pupils to school counselors, school psychologists and school social workers. Such data must be disaggregated into the subgroups of pupils listed in subsection 2 of NRS 385A.250 and the types of offense. The principal of each public school shall:

      1.  Review the data and take appropriate action;

      2.  [Report] On or before August 1 of each year, report the data to [the] :

      (a) The board of trustees of the school district [each quarter; and] or the governing body of the public school, as applicable;

      (b) The Joint Interim Standing Committee on Education;

      (c) The Superintendent of Public Instruction; and

      (d) The Department; and

      3.  To the extent allowed by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, post the data on the Internet website maintained by the public school.

      Sec. 5. NRS 392.4644 is hereby amended to read as follows:

      392.4644  1.  The board of trustees of each school district , the governing body of each charter school and the governing body of each university school for profoundly gifted pupils shall establish a plan to provide for the [restorative] progressive discipline of pupils and on-site review of disciplinary decisions.

 


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provide for the [restorative] progressive discipline of pupils and on-site review of disciplinary decisions. The plan must:

      (a) Be developed with the input and participation of teachers, school administrators , school counselors, school social workers, school psychologists, behavior analysts and other educational personnel and support personnel who are employed [by] at the public school , [district,] pupils who are enrolled in the public school or schools within the school district , as applicable, and the parents and guardians of pupils who are enrolled in the public school or schools within the school district [.] , as applicable.

      (b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.

      (c) Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of the public school or each school within the school district [.] , as applicable.

      (d) [Provide restorative disciplinary practices which include, without limitation:

             (1) Holding a pupil accountable for his or her behavior;

             (2) Restoration or remedies related to the behavior of the pupil;

             (3) Relief for any victim of the pupil; and

             (4) Changing the behavior of the pupil.

      (e) Provide for] Prescribe methods of alternative conflict resolution and interventions based on social and emotional learning that are developed to avoid the need for the removal of a pupil.

      (e) Include provisions that authorize the temporary removal of a pupil from a classroom or other premises of a public school [in accordance with] pursuant to NRS 392.4645.

      (f) Provide for the placement of a pupil in a more restrictive educational environment at that school or at a different public school or school within the school district , as applicable, in accordance with NRS 392.466.

      (g) Include the names of any members of a committee to review the temporary alternative placement of pupils required by NRS 392.4647.

      (h) [Be in accordance with the statewide framework for restorative justice developed pursuant to NRS 388.1333, including, without limitation, by addressing the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250.

      (i)] Be provided to each school over which the board of trustees or governing body has authority and posted on the Internet website maintained by the public school . [district.]

      (i) Be in accordance with a plan to use disciplinary practices based on restorative justice developed pursuant to subsection 2, if applicable.

      2.  The board of trustees of a school district shall, in addition to establishing a plan to provide for the progressive discipline of pupils pursuant to subsection 1, establish a plan to use disciplinary practices based on restorative justice. Such a plan must:

      (a) Authorize the use of disciplinary practices based on restorative justice which include, without limitation:

             (1) Holding a pupil accountable for his or her behavior;

             (2) Restoration or remedies related to the behavior of the pupil;

             (3) Relief for any victim of the pupil; and

             (4) Changing the behavior of the pupil; and

      (b) Be in accordance with the statewide framework for restorative justice developed pursuant to NRS 388.1333, including, without limitation, by addressing the occurrences of the suspension, expulsion or removal of pupils from schools that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250.

 


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by addressing the occurrences of the suspension, expulsion or removal of pupils from schools that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250.

      3.  On or before September 15 of each year, the principal of each public school shall:

      (a) Review the plan established by subsection 1 in consultation with the teachers, school administrators , school counselors, school social workers, school psychologists, behavior analysts and other educational personnel and support personnel who are employed at the school , [and] the parents and guardians of pupils , [and] the pupils who are enrolled in the school [;] and, if applicable, the organizational team established pursuant to NRS 388G.700;

      (b) Determine whether and to what extent the occurrences of the suspension, expulsion or removal of pupils from school disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250; and

      (c) Based upon the review, recommend to the board of trustees of the school district or governing body of the charter school or university school for profoundly gifted pupils, as applicable, revisions to the plan, as recommended by the teachers, school administrators , school counselors, school social workers, school psychologists, behavior analysts and other educational personnel and support personnel , [and] the parents and guardians of pupils , [and] the pupils who are enrolled in the school [,] and, if applicable, the organizational team established pursuant to NRS 388G.700, if necessary . [;

      (d) Post a copy of the plan or the revised plan, as provided by the school district, on the Internet website maintained by the school; and

      (e) Distribute to each teacher, school administrator and all educational support personnel who are employed at or assigned to the school a written or electronic copy of the plan or the revised plan, as provided by the school district.

      3.] 4. On or before September 30 of each year, the board of trustees of each school district and the governing body of each charter school or university school for profoundly gifted pupils shall issue a revised plan that appropriately reflects comments provided by teachers, school administrators, school counselors, school social workers, school psychologists, behavior analysts, other educational personnel and support personnel, the parents and guardians of pupils, the pupils who are enrolled in the school and, if applicable, organizational teams established pursuant to NRS 388G.700.

      5.  Not more than 14 days after the receipt of a plan established pursuant to subsection 1 or a revised plan issued pursuant to subsection 4, the principal of each school shall:

      (a) Post a copy of the plan or the revised plan on the Internet website maintained by the school; and

      (b) Distribute to each teacher, school administrator, school counselors, school social workers, school psychologists, behavior analysts, and all educational support personnel who are employed at or assigned to the school and, if applicable, the organizational team a written or electronic copy of the plan or the revised plan.

      6.  On or before November 15 of each year, the board of trustees of each school district and the governing body of each charter school or university school for profoundly gifted pupils shall:

      (a) Submit a written report to the Superintendent of Public Instruction that reports the progress of each school [within the district] over which the board of trustees or governing body has authority in complying with the requirements of this section, including, without limitation, addressing the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250; and

 


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board of trustees or governing body has authority in complying with the requirements of this section, including, without limitation, addressing the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250; and

      (b) Post a copy of the report on the Internet website maintained by the school district [.

      4.] , charter school or university school for profoundly gifted pupils, as applicable.

      7.  If the Superintendent of Public Instruction determines that the data collected pursuant to NRS 392.462 indicates disproportionality in disciplinary actions or is insufficient to determine whether disproportionality exists, the Superintendent shall issue a written notice to the school district, charter school or university school for profoundly gifted pupils, as applicable, listing the specific areas of concern and providing a specific corrective period for the school district, charter school or university school for profoundly gifted pupils, as applicable, to implement a framework to reduce the disproportionality or correct the insufficiency of the data, as applicable. The specific corrective period must be at least 12 months but not more than 36 months, and must include required monitoring of the progress made by the school district, charter school or university school for profoundly gifted pupils, as applicable. If, after the conclusion of the specific corrective period, the school district, charter school or university school for profoundly gifted pupils, as applicable, fails to:

      (a) Make measurable progress in addressing the disproportionality or insufficiency listed in the notice issued pursuant to this subsection; or

      (b) Provide the required progress reports,

Κ the Superintendent may issue an alternative plan for the school district, charter school or university school for profoundly gifted pupils, as applicable, for mandatory implementation.

      8.  As used in this section [, “restorative] :

      (a) “Behavior analyst” has the meaning ascribed to it in NRS 641D.030.

      (b) “Restorative justice” has the meaning ascribed to it in NRS 392.472.

      Sec. 5.5. NRS 392.4645 is hereby amended to read as follows:

      392.4645  1.  [Except as otherwise provided in subsection 5, the plan established pursuant to NRS 392.4644 must provide for the temporary removal of a] 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. [The plan must provide that, upon] Upon the removal 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 [an] 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 pupil 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:

 


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      (a) Is separated, to the extent practicable, from pupils who are not assigned to a temporary alternative placement;

      (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 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.

Κ 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 referral to a school social worker or school counselor.

      5.  [Before] 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 such 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;

      (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 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, to make a determination of whether the pupil is a homeless pupil.

      [6.]8. 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

 


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      (c) The State Board.

      9.  The sample of plans that is collected pursuant to subsection 7 must correspond with the proportion of pupils 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.

      10. 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. 6. 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 and the pupil has not [entered] made efforts to enter into [and participated] or participate in such a plan of behavior ; [pursuant to subsection 6; and]

      (c) The [behavior] homelessness of the pupil was not [caused by homelessness,] a factor in his or her behavior, as determined 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 [.] ; and

      (d) The placement in foster care of the pupil was not a factor in his or her behavior, as determined in consultation with a contact person at the school, including, without limitation, a school counselor or school social worker.

      2.  [A principal of a school shall presume that the behavior of the pupil was caused by homelessness unless the principal determines the behavior was not caused by homelessness pursuant to subsection 1.

      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 submitted a request pursuant to this subsection may appeal that determination to the [board of trustees] superintendent of the school district [.] or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable. Upon receipt of such a request, the [board of trustees] 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 university school for profoundly gifted pupils, as applicable, for such matters.

 


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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 university school for profoundly gifted pupils, as applicable, for such matters.

      [4.]3.  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 current school year and has not entered into and participated in a plan of behavior pursuant to subsection [6,] 5, the pupil will be deemed a habitual disciplinary problem;

      (c) An explanation that, pursuant to subsection [5] 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 [10] 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 [6.] 5.

      [5.]4.  A school shall provide the notice required by subsection [4] 3 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.

      [6.]5.  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 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 of 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, intersession school or school on Saturday, if any of those alternatives are offered by the school or school district.

 


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attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school or school district.

      [7.]6.  If a pupil commits the same act for which notice was provided pursuant to subsection [4] 3 after he or she enters into a plan of behavior pursuant to subsection [6,] 5, the pupil shall be deemed to have not successfully completed the plan of behavior and may be deemed a habitual disciplinary problem.

      [8.]7.  A pupil may, pursuant to the provisions of this section, enter into one plan of behavior per school year.

      [9.]8.  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 [board of trustees] 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 action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the [board of trustees] 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 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.

      [10.]9.  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.

      [(b)] (c) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

      Sec. 7. NRS 392.466 is hereby amended to read as follows:

      392.466  1.  Except as otherwise provided in this section, any pupil who [commits a battery which results in the bodily injury of an employee of the school or who] sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus [and who is at least 11 years of age] 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 is an unaccompanied pupil, the pupil. The pupil may be suspended , expelled or permanently expelled from the school, [in which case the pupil shall:] except that:

      (a) [Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or] A pupil who is less than 11 years of age may not be expelled or permanently expelled pursuant to this subsection.

      (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.]

 


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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 removed for 10 cumulative days.

      2.  Except as otherwise provided in 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 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 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 school 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 to the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil. The pupil shall 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 removed for 10 cumulative days.

 


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      4.  An employee who is a victim of a battery which [results] is intended to result in the bodily injury of an employee of the school may appeal to the school [the] a plan of action provided pursuant to subsection [1] 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.

      [3.]5.  Except as otherwise provided in this section, any pupil , [of any age,] 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 firearm or] 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 [must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although the pupil may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school.

      4.] 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, which 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 otherwise 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 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 least 6 but less than 8 years of age may be suspended pursuant to this subsection.

 


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      (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 free 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 been removed for 10 cumulative days.

      7.  If a school is unable to retain a pupil in the school pursuant to [subsection] 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 suspended, 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 new school that the current school is unable to provide to address the specific needs and behaviors of the pupil. The [school district of 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.

      [5.]8.  Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil is at least 11 years of age 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.

      [6.]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 pursuant to chapter 394 of NRS or be homeschooled; [or]

      (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 the 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.

      [7.]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 good 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 [5,] 8, inclusive, if such modification is set forth in writing.

 


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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 [the superintendent] he or she determines that a plan of action based on restorative justice may be used successfully.

      [8.]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 [.

      9.  Except as otherwise provided in this subsection and subsection 3, a pupil who is less than 11 years of age must not be permanently expelled from school. In extraordinary circumstances, a school may request an exception to this subsection from the board of trustees of the school district. A pupil who is at least 11 years of age may be suspended, expelled or permanently expelled from school pursuant to this section only after the board of trustees of the school district or its designee has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

      10.] or the governing body of the charter school or university school for profoundly gifted pupils, as applicable.

      12.  Except as otherwise provided in subsection [3,] 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 trustees of the school district or governing body, as applicable, or its designee has reviewed the circumstances and determined 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 5 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.

      [11.]13. A homeless pupil or a pupil in foster care who is at least 11 years of age may be suspended or expelled from school pursuant to this section only 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 . [was not caused by homelessness or being in foster care.] The person responsible for making a determination of whether or not homelessness or being in foster care was a factor in the behavior [was caused by homelessness or being in foster care] shall presume that homelessness or being in foster care was not a factor in the behavior [was caused by homelessness or being in foster care] unless the person determines [that the behavior was not caused by homelessness or being in foster care] otherwise pursuant to this subsection. A determination that homelessness was not a factor in the behavior [was not caused by homelessness] 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 [was not caused by being in foster care] 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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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.

      [12.]14. 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.

      [13.]15. 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 injury” 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.

      [(c)](d) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

      [(d)] (e) “Foster care” has the meaning ascribed to it in 45 C.F.R. § 1355.20.

      [(e)] (f) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2).

      [(f)] (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.

      [(g)] (h) “Restorative justice” has the meaning ascribed to it in NRS 392.472.

      [(h)] (i) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

      [14.]16. 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. 8. NRS 392.467 is hereby amended to read as follows:

      392.467  1.  Except as otherwise provided in subsections [5] 4 and [6] 5 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 [any] a public school .

 


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school . [within the school district.] Except as otherwise provided in this subsection and [subsection 3] subsections 5 and 6 of NRS 392.466, a pupil who is 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.  Except as otherwise provided in subsection [6,] 5, 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 for a hearing, except that a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or 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.

      3.  [The board of trustees of a school district or its designee may authorize the expulsion, suspension or removal of a pupil who has been charged with a crime from the school at which the pupil is enrolled regardless of the outcome of any criminal or delinquency proceedings brought against the pupil only if the school:

      (a) Conducts an independent investigation of the conduct of the pupil; and

      (b) Gives notice of the charges brought against the pupil by the school to the pupil.

      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.]4.  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.]5.  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 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 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 5 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.]6.  A homeless pupil or a pupil in foster care who is at least 11 years of age may be suspended or expelled from school pursuant to this section only 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 .

 


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care was not a factor in the behavior that led to the consideration for suspension or expulsion . [was not caused by homelessness or being in foster care.] The person responsible for making a determination of whether or not homelessness or being in foster care was a factor in the behavior [was caused by homelessness or being in foster care] shall presume that homelessness or being in foster care was not a factor in the behavior [was caused by homelessness or being in foster care] unless the person determines [that the behavior was not caused by homelessness or being in foster care] otherwise pursuant to this subsection. A determination that homelessness was not a factor in the behavior [was not caused by homelessness] 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 [was not caused by being in foster care] 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.]7.  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.

      Sec. 9. NRS 392.472 is hereby amended to read as follows:

      392.472  1.  Except as otherwise provided in NRS 392.466 , [and to the extent practicable,] a public school shall provide a progressive discipline plan [of action] based on restorative justice [before] :

      (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 [of action] based on restorative justice which [may] 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;

 


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             (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; [and]

      (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 may approve a plan of action based on restorative justice that meets the requirements of this section submitted by a public school.

      4.]  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) [A timeline for implementation of the requirements of this section and NRS 392.462 by a public school;

      (c)] One or more models of restorative justice and best practices relating to restorative justice;

      [(d)](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

      [(e)](d) One or more examples of a progressive discipline plan [of action] based on restorative justice developed pursuant to subsection 2.

      4.  A progressive discipline plan based on restorative justice developed pursuant to this section shall 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.

      Sec. 10.  1.  This section becomes effective upon passage and approval.

      2.  Section 2.5 of this act becomes effective upon passage and approval for the purpose of creating a statewide framework for restorative justice and developing the training required pursuant to paragraph (d) of subsection 1 of that section, and on July 1, 2028, for all other purposes.

      3.  Sections 1, 1.5, 2 and 3 to 9, inclusive, of this act become effective on July 1, 2023.

________

 


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κ2023 Statutes of Nevada, Page 779κ

 

CHAPTER 150, AB 330

Assembly Bill No. 330–Committee on Education

 

CHAPTER 150

 

[Approved: May 31, 2023]

 

AN ACT relating to education; requiring a suspension or expulsion in a charter school or a university school for profoundly gifted pupils to be consistent with such punishments in certain public schools; requiring a plan for restorative discipline for public schools to include consideration of certain data relating to pupil discipline; authorizing the Superintendent of Public Instruction to require implementation of an alternative plan for restorative discipline if a public school fails to take certain actions relating to disproportionality in pupil discipline; requiring a plan for restorative discipline to reflect the authority to temporarily remove a pupil from the classroom; requiring certain actions by a school at the time of a suspension or expulsion of a pupil for committing certain acts; revising the persons to whom the appeals of certain disciplinary determinations may be made; revising requirements for policies for the appeal of suspensions and expulsions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes certain provisions relating to the behavior and discipline of pupils. (NRS 392.4601-392.472) Sections 2 and 3 of this bill apply these provisions to charter schools and university schools for profoundly gifted pupils.

      Section 3.3 of this bill establishes: (1) requirements for proper notification to a pupil and the parent or legal guardian of the pupil, if the pupil is less than 18 years of age, of the policy to appeal a suspension or expulsion; (2) a 5-day timeline for a pupil or, if the pupil is less than 18 years of age, the parent or guardian of the pupil to appeal the suspension or expulsion; (3) a 5-day timeline for a hearing to be scheduled upon receipt of such an appeal; (4) the method for determining whether a pupil who is suspended or expelled or is being considered for suspension or expulsion may be considered for temporary alternative placement; and (5) that education services are required to be provided to the pupil to prevent the pupil from losing academic credit or being disengaged from school during the period the pupil is suspended or expelled. Sections 3.5 and 3.7 of this bill make conforming changes to indicate the proper placement of section 3.3 in the Nevada Revised Statutes.

      Under existing law, the board of trustees of each school district is required to establish a plan to provide for the restorative discipline of pupils, which must be developed with the input of certain school personnel and the parents and guardians of pupils. (NRS 392.4644) Existing law also requires each public school to collect and submit data on the discipline of pupils and categorize such data by various subgroups of pupils. (NRS 392.462) Section 4 of this bill requires that the data be reported to the superintendent of the school district or to the administrative head of a charter school. Section 6 also requires the Superintendent of Public Instruction to review data on the disproportionality of punishments and provide a corrective period for any deficient schools to make progress in addressing any disproportionalities or any insufficiency in such data.

      Existing law requires a plan to provide for the restorative discipline of pupils to provide for the temporary removal of a pupil from a classroom or other premises of a public school under certain circumstances. (NRS 392.4645) Section 7 instead authorizes the temporary removal of a pupil from a classroom or other premises of a public school under such circumstances, and section 6 requires a plan to provide for the restorative discipline of pupils to include provisions for such a temporary removal.

 


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      Existing law requires that a pupil who has been removed from the classroom or other premises of a public school must have a conference within 3 days after removal, with certain exceptions. If such a conference is not held within 3 days, the pupil is required to be allowed to return to the classroom or other premises, with certain exceptions. (NRS 392.4646) Section 8 of this bill removes the requirement if, in the judgment of the principal, the pupil continues to pose a threat and the superintendent has authorized an extension of the removal.

      Existing law provides certain requirements concerning the determination that a pupil is deemed a habitual disciplinary problem. (NRS 392.4655) Section 9 of this bill revises the persons to whom a pupil or parent or legal guardian of a pupil may appeal such a determination.

      Existing law authorizes, under certain circumstances, the suspension, expulsion or permanent expulsion of a pupil who attends a public school, charter school or university school for profoundly gifted pupils and who is at least 11 years of age. (NRS 388A.495, 388C.150, 392.466, 392.467) Existing law further provides that a pupil who is less than 11 years of age may be suspended, expelled or permanently expelled by the public school in which the pupil is enrolled if such a punishment is approved by the board of trustees of the school district. (NRS 392.466) Section 10 of this bill provides for the suspension, expulsion or permanent expulsion of certain pupils who are at least 11 years of age. Section 10: (1) provides that pupils who are less than 11 years of age may, following review and approval by certain school officials, be suspended in certain situations; and (2) prohibits, in general, the expulsion or permanent expulsion of a pupil who is less than 11 years of age.

      Under existing law, a public school is prohibited, in general, from permanently expelling a pupil who is less than 11 years of age, except for certain situations in which such a punishment is authorized by the board of trustees of a school district. (NRS 392.466, 392.467) Section 10 provides that, for a pupil who sells or distributes a controlled substance in certain situations or commits a battery other than a battery intended to result in the bodily injury of an employee of the school in various school settings: (1) the pupil may be suspended if he or she is less than 11 years of age and may also be expelled or permanently expelled if he or she is at least 11 years of age; (2) the suspension of a pupil who is less than 6 years of age must be reviewed by the superintendent of the school district or his or her designee; and (3) if the removal is of a pupil with a disability, such removal must comply with federal law. Additionally, section 10 provides that, for a pupil who commits a battery which is intended to result in the bodily injury of an employee of the school: (1) the pupil shall be suspended or expelled if he or she is at least 8 years of age; (2) the suspension of a pupil who is less than 6 years of age must be reviewed and approved by the superintendent of the school district or his or her designee; and (3) if the removal is of a pupil with a disability, such removal must comply with federal law. Finally, section 10 provides that a pupil who is found in possession of a firearm at a public school or an activity or school bus of a public school: (1) shall be suspended, expelled or permanently expelled if he or she is at least 11 years of age; (2) shall be suspended or expelled if he or she is at least 8 but less than 11 years of age; (3) may be suspended if he or she is at least 6 but less than 8 years of age; (4) may be suspended if he or she is less than 6 years of age upon review and approval by the superintendent of the school district or his or her designee; and (5) if the pupil is a pupil with a disability, any removal of the pupil must comply with federal law. Sections 10 and 11 of this bill: (1) prohibit the permanent expulsion of a pupil who is less than 6 years of age; and (2) authorize a homeless pupil or a pupil in foster care of any age to be suspended or expelled for not more than 5 days if the principal determines that the conduct of the pupil poses an ongoing threat.

      Existing law provides that a pupil may not be suspended or expelled unless the pupil is given the opportunity for a hearing. (NRS 392.467) Section 11 removes the hearing requirement before suspension or expulsion for certain pupils who: (1) pose a danger to other persons or property; (2) threaten to disrupt the academic process; (3) are selling or distributing a controlled substance; or (4) are in possession of a firearm or other dangerous weapon.

 


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      Existing law provides certain requirements concerning the process for appealing a suspension or expulsion. (NRS 392.4671) Section 12 of this bill makes these requirements applicable to significant suspensions, expulsions or permanent expulsions.

      Existing law requires that, with certain exceptions, a public school must provide a plan of action based on restorative justice to a pupil before removing, suspending or expelling the pupil. (NRS 392.472) Section 13 of this bill allows a pupil to be temporarily removed in certain circumstances without first providing such a plan.

      Section 13.5 of this bill amends Assembly Bill No. 285 to resolve a conflict.

 

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 388.133 is hereby amended to read as follows:

      388.133  1.  The Department shall, in consultation with the governing bodies, educational personnel, local associations and organizations of parents whose children are enrolled in schools throughout this State, and individual parents and legal guardians whose children are enrolled in schools throughout this State, prescribe by regulation a policy for all school districts and schools to provide a safe and respectful learning environment that is free of discrimination based on race, bullying and cyber-bullying.

      2.  The policy must include, without limitation:

      (a) Requirements and methods for reporting violations of NRS 388.135, including, without limitation, violations among teachers and violations between teachers and administrators, coaches and other personnel of a school district or school;

      (b) Requirements and methods for addressing the rights and needs of persons with diverse gender identities or expressions;

      (c) Requirements and methods for restorative disciplinary practices that align with the statewide framework for restorative justice if such a framework is developed pursuant to NRS 388.1333; and

      (d) A policy for use by school districts and schools to train members of the governing body and all administrators, teachers and all other personnel employed by the governing body. The policy must include, without limitation:

             (1) Training in the appropriate methods to facilitate positive human relations among pupils by eliminating the use of discrimination based on race, bullying and cyber-bullying so that pupils may realize their full academic and personal potential;

             (2) Training in methods to prevent, identify and report incidents of discrimination based on race, bullying and cyber-bullying;

             (3) Training concerning the needs of persons with diverse gender identities or expressions;

             (4) Training concerning the needs of pupils with disabilities and pupils with autism spectrum disorder;

             (5) Methods to promote a positive learning environment;

             (6) Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and

             (7) Methods to teach skills to pupils so that the pupils are able to replace inappropriate behavior with positive behavior.

 


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κ2023 Statutes of Nevada, Page 782 (CHAPTER 150, AB 330)κ

 

      3.  As used in this section, “restorative justice” has the meaning ascribed to it in NRS 392.472.

      Sec. 2. NRS 388A.495 is hereby amended to read as follows:

      388A.495  1.  A governing body of a charter school shall adopt:

      (a) Written rules of behavior required of and prohibited for pupils attending the charter school; and

      (b) Appropriate punishments for violations of the rules.

      2.  [If] A pupil enrolled in a charter school shall only be suspended or expelled in a manner consistent with the requirements for the suspension or expulsion of a pupil enrolled in a public school within a school district as set forth in NRS 392.4601 to 392.472, inclusive.

      3.  Except as otherwise provided in NRS 392.467, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, [before] at the time of the suspension or expulsion, the pupil and, if the pupil is under 18 years of age, the parent or guardian of the pupil, [has been] are given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. If a pupil is significantly suspended , [or] expelled [,] or permanently expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the significant suspension , expulsion or permanent expulsion in accordance with the provisions of NRS 392.4671. The charter school shall ensure that a pupil who is significantly suspended , [or] expelled or permanently expelled and is appealing the significant suspension , expulsion or permanent expulsion or a pupil who is being considered for significant suspension , expulsion or permanent expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by NRS 392.4673. The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such a hearing or proceeding must be closed to the public.

      [3.  A pupil who is at least 11 years of age and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school only after the charter school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.]

      4.  [A pupil with a disability who is at least 11 years of age and who is enrolled in a charter school may, in accordance with the procedural policy adopted by the governing body of the charter school for such matters and only after the governing body or its designee has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

      (a) Suspended from the charter school pursuant to this section for not more than 5 days for each occurrence of proscribed conduct.

      (b) Expelled from school pursuant to this section.

      (c) Permanently expelled from school pursuant to this section.

      5.]  A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

      (a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.

 


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κ2023 Statutes of Nevada, Page 783 (CHAPTER 150, AB 330)κ

 

      (b) Available for public inspection at the charter school.

      [6.]5.  The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

      [7.]6.  As used in this section:

      (a) “Expel” or “expulsion” has the meaning ascribed to it in NRS 392.4603.

      (b) “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.

      (c) [“Pupil with a disability” has the meaning ascribed to it in NRS 388.417.] “Significantly suspended” has the meaning ascribed to “significant suspension” in NRS 392.4655.

      (d) “Suspend” or “suspension” has the meaning ascribed to it in NRS 392.4607.

      Sec. 3. NRS 388C.150 is hereby amended to read as follows:

      388C.150  1.  The governing body of a university school for profoundly gifted pupils shall adopt:

      (a) Written rules of behavior for pupils enrolled in the university school, including, without limitation, prohibited acts; and

      (b) Appropriate punishments for violations of the rules.

      2.  [If] A pupil enrolled in a university school for profoundly gifted pupils shall only be suspended or expelled in a manner consistent with the requirements for the suspension or expulsion of a pupil enrolled in a public school within a school district as set forth in NRS 392.4601 to 392.472, inclusive.

      3.  Except as otherwise provided in NRS 392.467, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the university school for profoundly gifted pupils shall ensure that, [before] at the time of the suspension or expulsion, the pupil [has been] is given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. If a pupil is significantly suspended , [or] expelled [,] or permanently expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the significant suspension , expulsion or permanent expulsion in accordance with the provisions of NRS 392.4671. The university school shall ensure that a pupil who is significantly suspended , [or] expelled or permanently expelled and is appealing the significant suspension , expulsion or permanent expulsion or a pupil who is being considered for significant suspension , expulsion or permanent expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by NRS 392.4673. The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such a hearing or proceeding must be closed to the public.

 


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      [3.  A pupil who is at least 11 years of age and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed only after the university school for profoundly gifted pupils has made a reasonable effort to complete a plan of action based on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.]

      4.  [A pupil with a disability who is at least 11 years of age and who is enrolled in a university school for profoundly gifted pupils may, in accordance with the procedural policy adopted by the governing body of the university school for such matters and only after the governing body or its designee has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

      (a)Suspended from the university school pursuant to this section for not more than 5 days for each occurrence of proscribed conduct.

      (b) Expelled from school pursuant to this section.

      (c) Permanently expelled from school pursuant to this section.

      5.]  A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

      (a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters the university school for profoundly gifted pupils during the year.

      (b) Available for public inspection at the university school.

      [6.]5.  The governing body of a university school for profoundly gifted pupils may adopt rules relating to the truancy of pupils who are enrolled in the university school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If the governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

      [7.]6.  As used in this section:

      (a) “Expel” or “expulsion” has the meaning ascribed to it in NRS 392.4603.

      (b) “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.

      (c) [“Pupil with a disability” has the meaning ascribed to it in NRS 388.417.] “Significantly suspended” has the meaning ascribed to “significant suspension” in NRS 392.4655.

      (d) “Suspend” or “suspension” has the meaning ascribed to it in NRS 392.4607.

      Sec. 3.3.Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a pupil is suspended or expelled from a public school, the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils in which the pupil is enrolled or the designee of the board of trustees or governing body, as applicable, shall provide, on the same day that the pupil is suspended or expelled, a notice of the policy for appealing a suspension or expulsion of a pupil adopted by the board of trustees or governing body, as applicable, pursuant to NRS 392.4671, to the pupil and, if the pupil is less than 18 years of age, the parent or legal guardian of the pupil.

 


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enrolled or the designee of the board of trustees or governing body, as applicable, shall provide, on the same day that the pupil is suspended or expelled, a notice of the policy for appealing a suspension or expulsion of a pupil adopted by the board of trustees or governing body, as applicable, pursuant to NRS 392.4671, to the pupil and, if the pupil is less than 18 years of age, the parent or legal guardian of the pupil. A notice provided pursuant to this subsection must:

      (a) Include information regarding the timelines for appealing the suspension or expulsion, as applicable, pursuant to subsection 2;

      (b) Be written clearly and in a manner that allows the pupil and, if the pupil is less than 18 years of age, the parent or legal guardian of the pupil, to understand each provision of the policy; and

      (c) To the extent practicable, be provided in as many languages as possible.

      2.  Not later than 5 school days after receiving notification of the suspension or expulsion of the pupil pursuant to NRS 392.4671, the pupil or, if the pupil is less than 18 years of age, the parent or legal guardian of the pupil may file an appeal pursuant to the 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, pursuant to NRS 392.4671.

      3.  Not later than 5 school days after receiving notification of an appeal of a suspension or expulsion made pursuant to the policy adopted pursuant to NRS 392.4671, the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, must schedule a hearing.

      4.  A pupil who is suspended or expelled or is being considered for suspension or expulsion:

      (a) May be considered for temporary alternative placement pursuant to NRS 392.4645 if, in the judgment of the principal after consideration of the seriousness of the acts which were the basis for the discipline of the pupil:

             (1) The temporary alternative placement will serve as the least restrictive environment possible, pursuant to NRS 392.4673; and

             (2) The pupil does not pose a serious threat to the safety of the school.

      (b) Must be provided education services to prevent the pupil from losing academic credit or becoming disengaged from school during the period of suspension or expulsion.

      5.  As used in this section, “principal” means the lead administrator of a public school, including, without limitation, such an administrator who is referred to by another title.

      Sec. 3.5.NRS 392.4601 is hereby amended to read as follows:

      392.4601  As used in NRS 392.4601 to 392.472, inclusive, and section 3.3 of this act, unless the context otherwise requires, the words and terms defined in NRS 392.4603, 392.4605 and 392.4607 have the meanings ascribed to them in those sections.

      Sec. 3.7. NRS 392.4609 is hereby amended to read as follows:

      392.4609  The Department shall adopt any regulations necessary to carry out the provisions of NRS 392.4601 to 392.472, inclusive, and section 3.3 of this act, including, without limitation, regulations which establish timelines for the purposes of subsection 1 of NRS 392.4671.

 


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section 3.3 of this act, including, without limitation, regulations which establish timelines for the purposes of subsection 1 of NRS 392.4671.

      Sec. 4. NRS 392.462 is hereby amended to read as follows:

      392.462  Each public school shall collect data on the discipline of pupils. Such data must include, without limitation, the number of expulsions and suspensions of pupils and the number of placements of pupils in another school. Such data must be disaggregated into the subgroups of pupils listed in subsection 2 of NRS 385A.250 and the types of offense. The principal of each public school shall:

      1.  Review the data and take appropriate action;

      2.  Report the data to the [board of trustees] superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, each quarter; and

      3.  To the extent allowed by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, post the data on the Internet website maintained by the public school.

      Sec. 5. NRS 392.4634 is hereby amended to read as follows:

      392.4634  1.  [Except as otherwise provided in subsection 3, a] A pupil enrolled in kindergarten or grades 1 to 8, inclusive, may not be disciplined, including, without limitation, pursuant to NRS 392.466, for:

      (a) Simulating a firearm or dangerous weapon while playing; or

      (b) Wearing clothing or accessories that depict a firearm or dangerous weapon or express an opinion regarding a constitutional right to keep and bear arms,

Κ unless it substantially disrupts the educational environment [.] , creates a risk of harm to another person or places another person in reasonable fear of harm.

      2.  Simulating a firearm or dangerous weapon includes, without limitation:

      (a) Brandishing a partially consumed pastry or other food item to simulate a firearm or dangerous weapon;

      (b) Possessing a toy firearm or toy dangerous weapon that is 2 inches or less in length;

      (c) Possessing a toy firearm or toy dangerous weapon made of plastic building blocks which snap together;

      (d) Using a finger or hand to simulate a firearm or dangerous weapon;

      (e) Drawing a picture or possessing an image of a firearm or dangerous weapon; and

      (f) Using a pencil, pen or other writing or drawing implement to simulate a firearm or dangerous weapon.

      3.  [A pupil who simulates a firearm or dangerous weapon may be disciplined when disciplinary action is consistent with a policy adopted by the board of trustees of the school district and such simulation:

      (a) Substantially disrupts learning by pupils or substantially disrupts the educational environment at the school;

      (b) Causes bodily harm to another person; or

      (c) Places another person in reasonable fear of bodily harm.

      4.  Except as otherwise provided in subsection 5, a school, school district, board of trustees of a school district or other entity shall not adopt any policy, ordinance or regulation which conflicts with this section.

 


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      5.]  The provisions of this section shall not be construed to prohibit a school from establishing and enforcing a policy requiring pupils to wear a school uniform as authorized pursuant to NRS 386.855.

      [6.]4.  As used in this section:

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

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

      Sec. 6. NRS 392.4644 is hereby amended to read as follows:

      392.4644  1.  The [board of trustees] superintendent of each school district [,] and the administrative head of each charter school and university school for profoundly gifted pupils shall establish a plan to provide for the restorative discipline of pupils and on-site review of disciplinary decisions. The plan must:

      (a) Be developed with the input and participation of teachers, school administrators and other educational personnel and support personnel who are employed by the school district, pupils who are enrolled in schools within the school district and the parents and guardians of pupils who are enrolled in schools within the school district.

      (b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.

      (c) Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of each school within the school district.

      (d) Provide restorative disciplinary practices which include, without limitation:

             (1) Holding a pupil accountable for his or her behavior;

             (2) Restoration or remedies related to the behavior of the pupil;

             (3) Relief for any victim of the pupil; and

             (4) Changing the behavior of the pupil.

      (e) [Provide for] Include provisions that authorize the temporary removal of a pupil from a classroom or other premises of a public school [in accordance with] pursuant to NRS 392.4645.

      (f) Provide for the placement of a pupil in a different school [within the school district] in accordance with NRS 392.466.

      (g) Include the names of any members of a committee to review the temporary alternative placement of pupils required by NRS 392.4647.

      (h) Be in accordance with the statewide framework for restorative justice developed pursuant to NRS 388.1333 . [, including, without limitation, by addressing]

      (i) Include consideration of the results of the data collected and reported pursuant to NRS 392.462 and include methods for addressing the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250.

      [(i) Be posted on the Internet website maintained by the school district.]

      2.  On or before September 15 of each year, the principal of each public school shall:

      (a) Review the plan established by subsection 1 in consultation with the teachers, school administrators and other educational personnel and support personnel who are employed at the school , [and] the parents and guardians of pupils and the pupils who are enrolled in the school [;] and, if applicable, the organizational team established pursuant to NRS 388G.700;

 


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      (b) Determine whether and to what extent the occurrences of the suspension, expulsion or removal of pupils from school disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250; and

      (c) Based upon the review, recommend to the [board of trustees] superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, revisions to the plan, as recommended by the teachers, school administrators and other educational personnel and support personnel , [and] the parents and guardians of pupils and the pupils who are enrolled in the school [,] and, if applicable, the organizational team established pursuant to NRS 388G.700, if necessary . [;

      (d) Post a copy of the plan or the revised plan, as provided by the school district, on the Internet website maintained by the school; and

      (e) Distribute to each teacher, school administrator and all educational support personnel who are employed at or assigned to the school a written or electronic copy of the plan or the revised plan, as provided by the school district.]

      3.  On or before September 30 of each year, the superintendent of each school district and the administrative head of each charter school or university school for profoundly gifted pupils shall issue a revised plan that appropriately reflects comments provided by teachers, school administrators, other educational personnel and support personnel and, if applicable, organizational teams pursuant to subsection 2.

      4.  Not more than 14 days after the receipt of the revised plan issued pursuant to subsection 3, the principal of each school shall:

      (a) Post a copy of the plan or the revised plan on the Internet website maintained by the school; and

      (b) Distribute to each teacher, school administrator and all educational support personnel who are employed at or assigned to the school and, if applicable, the organizational team a written or electronic copy of the plan or the revised plan.

      5.  On or before November 15 of each year, the board of trustees of each school district and the governing body of each charter school or university school for profoundly gifted pupils shall:

      (a) Submit a written report to the Superintendent of Public Instruction that reports the progress of each school [within the district] in complying with the requirements of this section, including, without limitation, addressing the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250; and

      (b) Post a copy of the report on the Internet website maintained by the school district [.

      4.  As used in this section, “restorative justice” has the meaning ascribed to it in NRS 392.472.] , charter school or university school for profoundly gifted pupils, as applicable.

      6.  If the Superintendent of Public Instruction determines that the data collected pursuant to NRS 392.462 indicates disproportionality in disciplinary actions or is insufficient to determine whether disproportionality exists, the Superintendent shall issue a written notice to the school district, charter school or university school for profoundly gifted pupils, as applicable, listing the specific areas of concern and providing a specific corrective period for the school district, charter school or university school for profoundly gifted pupils, as applicable, to implement a framework to reduce the disproportionality or correct the insufficiency of the data, as applicable.

 


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specific corrective period for the school district, charter school or university school for profoundly gifted pupils, as applicable, to implement a framework to reduce the disproportionality or correct the insufficiency of the data, as applicable. The specific corrective period shall be at least 12 months and not more than 36 months, and shall include required monitoring of the progress made by the school district, charter school or university school for profoundly gifted pupils, as applicable. If, following the conclusion of the specific corrective period, the school district, charter school or university school for profoundly gifted pupils, as applicable, fails to:

      (a) Make measurable progress in addressing the disproportionality or insufficiency listed in the notice received pursuant to this subsection; or

      (b) Provide the required progress reports,

Κ the Superintendent of Public Instruction may issue an alternative plan for the school district, charter school or university school for profoundly gifted pupils, as applicable, for mandatory implementation.

      Sec. 7. NRS 392.4645 is hereby amended to read as follows:

      392.4645  1.  [Except as otherwise provided in subsection 5, the plan established pursuant to NRS 392.4644 must provide for the temporary removal of a] 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. [The plan must provide that, upon] Upon the removal 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 an 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 pupil 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;

      (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 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.

Κ 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.

 


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      4.  A public school must offer a pupil who is removed from a classroom or any other premises of the public school pursuant to this section 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 referral to a school social worker or school counselor.

      5.  [Before] 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 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, to make a determination of whether the pupil is a homeless pupil.

      6.  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. 8. NRS 392.4646 is hereby amended to read as follows:

      392.4646  1.  Except as otherwise provided in this section, not later than 3 school days after a pupil is removed from a classroom or any other premises of a public school pursuant to NRS 392.4645, a conference must be held with:

      (a) The pupil;

      (b) A parent or legal guardian of the pupil, unless the pupil is an unaccompanied pupil;

      (c) The principal of the school; and

      (d) The teacher or other staff member who removed the pupil.

Κ The principal shall give an oral and written notice of the conference to each person who is required to participate.

      2.  After receipt of the notice required pursuant to subsection 1, the parent or legal guardian of the pupil may, not later than 3 school days after the removal of the pupil, request that the date of the conference be postponed. The principal shall accommodate such a request. If the date of the conference is postponed pursuant to this subsection, the principal shall send written notice to the parent or legal guardian confirming that the conference has been postponed at the request of the parent or legal guardian.

      3.  If a parent or legal guardian of a pupil refuses to attend a conference, the principal of the school shall send a written notice to the parent or legal guardian confirming that the parent or legal guardian has waived the right to a conference provided by this section and authorized the principal to recommend the placement of the pupil pursuant to subsection 6.

      4.  Except as otherwise provided in this subsection, a pupil must not return to the classroom or other premises of the public school from which the pupil was removed before the conference is held. If the conference is not held within 3 school days after the removal of the pupil, the pupil, including, without limitation, an unaccompanied pupil or a pupil in foster care, must be allowed to return to the classroom or other premises unless:

      (a) The parent or legal guardian of the pupil refuses to attend the conference;

 


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      (b) The failure to hold a conference is attributed to the action or inaction of the pupil, including, without limitation, an unaccompanied pupil or a pupil in foster care, or the parent or legal guardian of the pupil; [or]

      (c) The parent or legal guardian requested that the date of the conference be postponed [.] ; or

      (d) If:

             (1) In the judgment of the principal, there is a reasonable expectation that the pupil poses a threat to employees of the school or other pupils enrolled at the school; and

             (2) The principal has received written authorization from the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, to extend the period for which the pupil is removed from the classroom or other premises of the public school.

      5.  During the conference, the teacher who removed the pupil from the classroom, the staff member who removed the pupil from the other premises of the public school or the principal shall provide the pupil and, if the pupil is not an unaccompanied pupil, the pupil’s parent or legal guardian with an explanation of the reason for the removal of the pupil from the classroom or other premises. The pupil and, if the pupil is not an unaccompanied pupil, the pupil’s parent or legal guardian must be granted an opportunity to respond to the explanation of the pupil’s behavior and to indicate whether the removal of the pupil from the classroom or other premises was appropriate in their opinion based upon the behavior of the pupil. If the pupil is a homeless pupil, the conference must include consideration of and interventions to mitigate the impact of homelessness on the behavior of the pupil.

      6.  Upon conclusion of the conference or, if a conference is not held pursuant to subsection 3 not later than 3 school days after the removal of a pupil from a classroom or other premises of a public school [,] or such period as deemed appropriate by the superintendent or administrative head, as applicable, pursuant to paragraph (d) of subsection 4, the principal shall recommend whether to return the pupil to the classroom or other premises or continue the temporary alternative placement of the pupil if the pupil has been assigned to a temporary alternative placement.

      7.  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) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

      Sec. 9. 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 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 pupil has not entered into and participated in a plan of behavior pursuant to subsection 6; and

 


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      (c) The behavior of the pupil was not caused by homelessness, as determined 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.

      2.  A principal of a school shall presume that the behavior of the pupil was caused by homelessness unless the principal determines the behavior was not caused by homelessness pursuant to subsection 1.

      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 submitted a request pursuant to this subsection may appeal that determination to the [board of trustees] superintendent of the school district [.] or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable. Upon receipt of such a request, the [board of trustees] 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 university school for profoundly gifted pupils, as applicable, for such matters.

      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 current school year and has not entered into and participated in a plan of behavior pursuant to subsection 6, the pupil will be deemed a habitual disciplinary problem;

      (c) An explanation that, pursuant to subsection [5] 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 [10] 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 6.

      5.  A school shall provide the notice required by subsection 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.

      6.  If a pupil 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 participate in the plan of behavior.

 


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pupil or, if the pupil is an unaccompanied pupil, the pupil may choose for the pupil not to 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 of 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 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, intersession school or school on Saturday, if any of those alternatives are offered by the school district.

      7.  If a pupil commits the same act for which notice was provided pursuant to subsection 4 after he or she enters into a plan of behavior pursuant to subsection 6, the pupil shall be deemed to have not successfully completed the plan of behavior and may be deemed a habitual disciplinary problem.

      8.  A pupil may, pursuant to the provisions of this section, enter into one plan of behavior per school year.

      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 [board of trustees] 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 action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the [board of trustees] 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 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.

      10.  As used in this section:

      (a) “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

 


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             (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.

      (b) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

      Sec. 10. NRS 392.466 is hereby amended to read as follows:

      392.466  1.  Except as otherwise provided in this section, any pupil who [commits a battery which results in the bodily injury of an employee of the school or who] sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus [and who is at least 11 years of age] 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 is an unaccompanied pupil, the pupil. The pupil may be suspended [or] , expelled or permanently expelled from the school, [in which case the pupil shall:] except that:

      (a) [Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or] A pupil who is less than 11 years of age may not be expelled or permanently expelled pursuant to this subsection.

      (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.] 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 removed for 10 cumulative days.

      2.  Except as otherwise provided in 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 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 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

 


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κ2023 Statutes of Nevada, Page 795 (CHAPTER 150, AB 330)κ

 

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.

      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 to the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil. The pupil shall 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 removed for 10 cumulative days.

      4.  An employee who is a victim of a battery which [results] is intended to result in the bodily injury of an employee of the school may appeal to the school [the] a plan of action provided pursuant to subsection [1] 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 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.

      [3.]5.  Except as otherwise provided in this section, any pupil , [of any age,] 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 firearm or] 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 [must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although the pupil may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school.

      4.]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, which must be conducted as soon as practicable after removal, for his or her suspension, expulsion or permanent expulsion, except that:

 


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      (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 otherwise 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 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 least 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 free 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 been removed for 10 cumulative days.

      7.  If a school is unable to retain a pupil in the school pursuant to [subsection] 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 suspended, 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 new school that the current school is unable to provide to address the specific needs and behaviors of the pupil. The [school district of 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.

      [5.]8.  Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655 [, the pupil is at least 11 years of age] 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:

 


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κ2023 Statutes of Nevada, Page 797 (CHAPTER 150, AB 330)κ

 

pupil is at least 11 years of age] 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.

      [6.]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 pursuant to chapter 394 of NRS or be homeschooled; [or]

      (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 the 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.

      [7.]10.  The superintendent of schools of a school district or the administrative head of a charter school or university school for profoundly gifted pupils may, for good 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 [5,] 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 [the superintendent] he or she determines that a plan of action based on restorative justice may be used successfully.

      [8.]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.

      [9.  Except as otherwise provided in this subsection and subsection 3, a pupil who is less than 11 years of age must not be permanently expelled from school. In extraordinary circumstances, a school may request an exception to this subsection from the board of trustees of the school district. A pupil who is at least 11 years of age may be suspended, expelled or permanently expelled from school pursuant to this section only after the board of trustees of the school district or its designee has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

      10.]12. Except as otherwise provided in subsection [3,] 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 governing body of the charter school or university school for profoundly

 


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κ2023 Statutes of Nevada, Page 798 (CHAPTER 150, AB 330)κ

 

gifted pupils, as applicable, for such matters and only after the board of trustees of the school district or governing body, as applicable, or its designee has reviewed the circumstances and determined 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 [5] 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.

      [11.]13.  A homeless pupil or a pupil in foster care [who is at least 11 years of age] may be suspended [or expelled] from school pursuant to this section [only] 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 the behavior that led to the consideration for suspension or expulsion was not caused by homelessness or being in foster care. The person responsible for making a determination of whether or not the behavior was caused by homelessness or being in foster care shall presume that the behavior was caused by homelessness or being in foster care unless the person determines that the behavior was not caused by homelessness or being in foster care pursuant to this subsection. A determination that the behavior was not caused by homelessness 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 the behavior was not caused by being in foster care 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.

      [12.] 14.  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. The principal of a public school may reduce the period of suspension or convert an expulsion to a suspension for a pupil who distributes 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

      (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. 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.

      [13.]17.  As used in this section:

      (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

 


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κ2023 Statutes of Nevada, Page 799 (CHAPTER 150, AB 330)κ

 

      (b) “Bodily injury” 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.

      [(c)](d) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

      [(d)](e) “Foster care” has the meaning ascribed to it in 45 C.F.R. § 1355.20.

      [(e)](f) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2).

      [(f)](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.

      [(g)](h) “Restorative justice” has the meaning ascribed to it in NRS 392.472.

      [(h)](i) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

      [14.]18.  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. 11. NRS 392.467 is hereby amended to read as follows:

      392.467  1.  Except as otherwise provided in subsections [5 and] 6 and 7, and NRS 392.466, the board of trustees of a school district or 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 [any] a public school . [within the school district.] Except as otherwise provided in this subsection and [subsection 3] 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 [.]

 


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κ2023 Statutes of Nevada, Page 800 (CHAPTER 150, AB 330)κ

 

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,] 7, 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 [for] to schedule a hearing, except that a pupil who [is] :

      (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 ,

Κ 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.

      [3.]4.  The board of trustees of a school district or governing body of a charter school or university school for profoundly gifted pupils, as applicable, or its designee may authorize the expulsion, suspension or removal of a pupil who has been charged with a crime from the school at which the pupil is enrolled regardless of the outcome of any criminal or delinquency proceedings brought against the pupil only if the school:

      (a) Conducts an independent investigation of the conduct of the pupil; and

      (b) Gives notice of the charges brought against the pupil by the school to the pupil.

      [4.]5.  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.]6.  The board of trustees of a school district or 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.]7.  A pupil with a disability may, in accordance with the procedural policy adopted by the board of trustees of the school district or governing body of the charter school or university school for profoundly gifted pupils, as applicable, for such matters and only after [the board of trustees of the school district or its designee has reviewed] an administrative review of the circumstances and [determined] 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 [5] 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.]8.  A homeless pupil or a pupil in foster care [who is at least 11 years of age] may be suspended [or expelled] from school pursuant to this section [only] 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 the behavior that led to the consideration for suspension or expulsion was not caused by homelessness or being in foster care.

 


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κ2023 Statutes of Nevada, Page 801 (CHAPTER 150, AB 330)κ

 

pupil poses an ongoing threat to the pupil or other persons at the school and if a determination is made that the behavior that led to the consideration for suspension or expulsion was not caused by homelessness or being in foster care. The person responsible for making a determination of whether or not the behavior was caused by homelessness or being in foster care shall presume that the behavior was caused by homelessness or being in foster care unless the person determines that the behavior was not caused by homelessness or being in foster care pursuant to this subsection. A determination that the behavior was not caused by homelessness 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 the behavior was not caused by being in foster care 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.]9.  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.

      Sec. 12. NRS 392.4671 is hereby amended to read as follows:

      392.4671  1.  The board of trustees of each school district and the governing body of each charter school or university school for profoundly gifted pupils, as applicable, shall adopt a policy for appealing the significant suspension , expulsion or permanent expulsion of a pupil enrolled in the school district, charter school or university school, as applicable. The policy must provide, without limitation, that:

      (a) The board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, may authorize the significant suspension , expulsion or permanent expulsion of a pupil within the timeline established by the Department pursuant to NRS 392.4609;

      (b) Within the timeline established by the Department pursuant to NRS 392.4609, the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, shall notify the pupil and, if the pupil is under 18 years of age, the parent or legal guardian of the pupil who is [suspended] given a significant suspension, expelled or permanently expelled of:

             (1) The significant suspension , expulsion or permanent expulsion;

             (2) The right to appeal the significant suspension , expulsion or permanent expulsion; and

 


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κ2023 Statutes of Nevada, Page 802 (CHAPTER 150, AB 330)κ

 

             (3) Information on the appeal policy adopted by the board of trustees of the school district or the governing body of the charter school or university school, as applicable;

      (c) A pupil or, if the pupil is under 18 years of age, the parent or legal guardian of the pupil, who is [suspended] given a significant suspension, expelled or permanently expelled may file an appeal with the board of trustees of the school district, the governing body of the charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, within the timeline established by the Department pursuant to NRS 392.4609;

      (d) The board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, shall schedule a hearing on an appeal of a significant suspension , expulsion or permanent expulsion of a pupil within the timeline established by the Department pursuant to NRS 392.4609; and

      (e) After conducting a hearing pursuant to this subsection, the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, may not increase the initial significant suspension or expulsion of a pupil.

      2.  The board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, shall post the appeal policy on the Internet website of the school district and each school within the district or of the charter school or university school, as applicable.

      3.  The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such hearings must be closed to the public.

      4.  As used in this section:

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

      (b) “Significant suspension” has the meaning ascribed to it in NRS 392.4655.

      Sec. 13. NRS 392.472 is hereby amended to read as follows:

      392.472  1.  Except as otherwise provided in NRS 392.4645 and 392.466 and to the extent practicable, a public school shall provide a plan of action based on restorative justice before removing a pupil from a classroom or other premises of the public school or suspending or expelling a pupil from school.

      2.  The Department shall develop one or more examples of a plan of action which may 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;

      (e) A referral to appropriate community-based services; and

      (f) A conference with the principal of the school or his or her designee and any other appropriate personnel.

 


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κ2023 Statutes of Nevada, Page 803 (CHAPTER 150, AB 330)κ

 

      3.  The Department may approve a plan of action based on restorative justice that meets the requirements of this section submitted by a public school.

      4.  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) A timeline for implementation of the requirements of this section and NRS 392.462 by a public school;

      (c) One or more models of restorative justice and best practices relating to restorative justice;

      (d) 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

      (e) One or more examples of a plan of action based on restorative justice developed pursuant to subsection 2.

      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.

      Sec. 13.5. Section 5 of Assembly Bill No. 285 of this session is hereby amended to read as follows:

       Sec. 5.  NRS 392.4644 is hereby amended to read as follows:

       392.4644  1.  The [board of trustees] superintendent of each school district and the administrative head of each charter school and university school for profoundly gifted pupils shall establish a plan to provide for the [restorative] progressive discipline of pupils and on-site review of disciplinary decisions. The plan must:

       (a) Be developed with the input and participation of teachers, school administrators , school counselors, school social workers, school psychologists, behavior analysts and other educational personnel and support personnel who are employed [by] at the public school , [district,] pupils who are enrolled in the public school or schools within the school district , as applicable, and the parents and guardians of pupils who are enrolled in the public school or schools within the school district [.] , as applicable.

       (b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.

       (c) Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of the public school or each school within the school district [.] , as applicable.

       (d) [Provide restorative disciplinary practices which include, without limitation:

             (1) Holding a pupil accountable for his or her behavior;

             (2) Restoration or remedies related to the behavior of the pupil;

             (3) Relief for any victim of the pupil; and

             (4) Changing the behavior of the pupil.

 


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       (e) Provide for] Prescribe methods of alternative conflict resolution and interventions based on social and emotional learning that are developed to avoid the need for the removal of a pupil.

       (e) Include provisions that authorize the temporary removal of a pupil from a classroom or other premises of a public school [in accordance with] pursuant to NRS 392.4645.

       (f) Provide for the placement of a pupil in a more restrictive educational environment at that school or at a different public school or school within the school district , as applicable, in accordance with NRS 392.466.

       (g) Include the names of any members of a committee to review the temporary alternative placement of pupils required by NRS 392.4647.

       (h) [Be in accordance with the statewide framework for restorative justice developed pursuant to NRS 388.1333, including, without limitation, by addressing the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250.

       (i)] Be provided to each school over which the board of trustees or governing body has authority and posted on the Internet website maintained by the public school . [district.]

       (i) Be in accordance with a plan to use disciplinary practices based on restorative justice developed pursuant to subsection 2, if applicable.

       2.  The superintendent of a school district shall, in addition to establishing a plan to provide for the progressive discipline of pupils pursuant to subsection 1, establish a plan to use disciplinary practices based on restorative justice. Such a plan must:

       (a) Authorize the use of disciplinary practices based on restorative justice which include, without limitation:

             (1) Holding a pupil accountable for his or her behavior;

             (2) Restoration or remedies related to the behavior of the pupil;

             (3) Relief for any victim of the pupil; and

             (4) Changing the behavior of the pupil; and

       (b) Be in accordance with the statewide framework for restorative justice developed pursuant to NRS 388.1333, including, without limitation, by addressing the occurrences of the suspension, expulsion or removal of pupils from schools that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250.

       3.  On or before September 15 of each year, the principal of each public school shall:

       (a) Review the plan established by subsection 1 in consultation with the teachers, school administrators , school counselors, school social workers, school psychologists, behavior analysts and other educational personnel and support personnel who are employed at the school , [and] the parents and guardians of pupils , [and] the pupils who are enrolled in the school [;] and, if applicable, the organizational team established pursuant to NRS 388G.700;

 


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       (b) Determine whether and to what extent the occurrences of the suspension, expulsion or removal of pupils from school disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250; and

       (c) Based upon the review, recommend to the [board of trustees] superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, revisions to the plan, as recommended by the teachers, school administrators , school counselors, school social workers, school psychologists, behavior analysts and other educational personnel and support personnel , [and] the parents and guardians of pupils , [and] the pupils who are enrolled in the school [,] and, if applicable, the organizational team established pursuant to NRS 388G.700, if necessary . [;

       (d) Post a copy of the plan or the revised plan, as provided by the school district, on the Internet website maintained by the school; and

       (e) Distribute to each teacher, school administrator and all educational support personnel who are employed at or assigned to the school a written or electronic copy of the plan or the revised plan, as provided by the school district.

       3.] 4. On or before September 30 of each year, the superintendent of each school district and the administrative head of each charter school or university school for profoundly gifted pupils shall issue a revised plan that appropriately reflects comments provided by teachers, school administrators, school counselors, school social workers, school psychologists, behavior analysts, other educational personnel and support personnel, the parents and guardians of pupils, the pupils who are enrolled in the school and, if applicable, organizational teams established pursuant to NRS 388G.700.

       5.  Not more than 14 days after the receipt of a plan established pursuant to subsection 1 or a revised plan issued pursuant to subsection 4, the principal of each school shall:

       (a) Post a copy of the plan or the revised plan on the Internet website maintained by the school; and

       (b) Distribute to each teacher, school administrator, school counselors, school social workers, school psychologists, behavior analysts, and all educational support personnel who are employed at or assigned to the school and, if applicable, the organizational team a written or electronic copy of the plan or the revised plan.

       6.  On or before November 15 of each year, the board of trustees of each school district and the governing body of each charter school or university school for profoundly gifted pupils shall:

       (a) Submit a written report to the Superintendent of Public Instruction that reports the progress of each school [within the district] over which the board of trustees or governing body has authority in complying with the requirements of this section, including, without limitation, addressing the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250; and

 


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       (b) Post a copy of the report on the Internet website maintained by the school district [.

       4.] , charter school or university school for profoundly gifted pupils, as applicable.

       7.  If the Superintendent of Public Instruction determines that the data collected pursuant to NRS 392.462 indicates disproportionality in disciplinary actions or is insufficient to determine whether disproportionality exists, the Superintendent shall issue a written notice to the school district, charter school or university school for profoundly gifted pupils, as applicable, listing the specific areas of concern and providing a specific corrective period for the school district, charter school or university school for profoundly gifted pupils, as applicable, to implement a framework to reduce the disproportionality or correct the insufficiency of the data, as applicable. The specific corrective period must be at least 12 months but not more than 36 months, and must include required monitoring of the progress made by the school district, charter school or university school for profoundly gifted pupils, as applicable. If, after the conclusion of the specific corrective period, the school district, charter school or university school for profoundly gifted pupils, as applicable, fails to:

       (a) Make measurable progress in addressing the disproportionality or insufficiency listed in the notice issued pursuant to this subsection; or

       (b) Provide the required progress reports,

Κ the Superintendent may issue an alternative plan for the school district, charter school or university school for profoundly gifted pupils, as applicable, for mandatory implementation.

       8.  As used in this section [, “restorative] :

       (a) “Behavior analyst” has the meaning ascribed to it in NRS 641D.030.

       (b) “Restorative justice” has the meaning ascribed to it in NRS 392.472.

      Sec. 14.  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. 15. (Deleted by amendment.)

      Sec. 16.  1.  This section and sections 1 to 13, inclusive, 14 and 15 of this act become effective upon passage and approval.

      2.  Section 13.5 of this act becomes effective upon passage and approval if and only if Assembly Bill No. 285 of this session is enacted by the Legislature and approved by the Governor.

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