SB177 - Revises provisions relating to education. (BDR 34-942)

- 83rd Session (2025) Senate Bill No. 177–Senator Ohrenschall CHAPTER.......... AN ACT relating to education; authorizing a principal to assign a homeless pupil or a pupil in foster care to a temporary alternative placement under certain circumstances; revising the requirement for the principal of a school to consult with certain persons before determining that a homeless pupil or a pupil in foster care is a habitual disciplinary problem; revising the procedure for the suspension of homeless pupils or pupils in foster care and the procedure for determining whether homelessness or placement in foster care is a factor in the behavior of certain pupils; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes the process for the principal of a school to determine that a pupil who is 11 years of age or older and enrolled in the school is a habitual disciplinary problem. (NRS 392.4655) Under existing law, if a pupil who is 11 years of age or older is deemed a habitual disciplinary problem and the school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil, the principal is generally authorized to suspend the pupil, or under extraordinary circumstances, expel the pupil from the school. (NRS 392.466) Existing law provides that before a pupil who is homeless or in foster care may be determined to be a habitual disciplinary problem, the principal is required to consult with certain persons. (NRS 392.4655) Section 1.5 of this bill requires the principal to conduct a meeting with those persons rather than consult with those persons. Section 1.5 also requires such a meeting concerning a pupil who is in foster care to additionally include the educational decision maker appointed for the pupil by a court under existing law. (NRS 432B.462) Existing law requires that, to suspend from school a pupil who is homeless or has been placed in foster care for not more than 5 days, a determination must be made, after consultation with certain persons, that homelessness or being in foster care was not a factor in the behavior of the pupil. Under existing law, the person responsible for making such a determination is required to presume that homelessness or being in foster care was not a factor in the behavior and make the determination in consultation with certain persons. (NRS 392.466, 392.467) Sections 2 and 3 of this bill authorize a principal to suspend a homeless pupil or a pupil in foster care for 5 days or less without consideration of whether being homeless or being in foster care was a factor in the behavior of the pupil and to consider such factors when the pupil is suspended for more than 5 days. As soon as practicable and not later than the 10th school day after the pupil is suspended, sections 2 and 3 require the principal to consider whether the behavior was caused by or had a substantial relationship to the pupil being in foster care or being homeless during a meeting with certain persons who have an interest in the education of the pupil. If during such a meeting it is determined that the conduct was caused by or had a substantial relationship to the pupil being in foster care or being homeless, sections 2 and 3 additionally require the principal to either: (1) end the period of suspension and provide the pupil with behavioral and academic support; or (2) assign the pupil to a temporary alternative placement for not more than 45 school days if the pupil is a habitual disciplinary problem or the behavior – 2 – - 83rd Session (2025) that led to the suspension consisted of, while at school or a school activity, possessing a dangerous weapon or firearm, engaging in certain actions relating to controlled substances or committing a battery intended to cause bodily injury. Section 1 of this bill authorizes a principal to continue the temporary alternative placement of such a pupil for more than 45 days if the principal determines that the continued temporary placement is necessary for the safety of the pupil or others. Section 1 requires the principal to make such a determination after holding a meeting with the local educational agency liaison for homeless pupils or educational decision maker of the pupil and a contact person at the school. If the principal makes such a determination, section 1 additionally requires the principal to provide targeted intervention to the pupil and notify the educational decision maker appointed for the pupil concerning the right to an evaluation to determine if the pupil is eligible for special education and related services. Additionally, section 1 requires the principal to hold a meeting to create a plan for the transition of the pupil from the temporary alternative placement if the pupil is assigned to a temporary alternative placement for more than 21 days. Sections 1.5-3 additionally require that the school have been given notice that the pupil is homeless or in foster care before the school is required to perform the tasks set forth in those sections. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 392.4645 is hereby amended to read as follows: 392.4645 1. A pupil may be temporarily removed from a classroom or other premises of a public school if, in the judgment of the teacher or other staff member responsible for the classroom or other premises, as applicable, the pupil has engaged in behavior that seriously interferes with the ability of the teacher to teach the other pupils in the classroom and with the ability of the other pupils to learn or with the ability of the staff member to discharge his or her duties. Upon the 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 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: (a) Is separated, to the extent practicable, from pupils who are not assigned to a temporary alternative placement; – 3 – - 83rd Session (2025) (b) Studies or remains under the supervision of appropriate personnel of the school district; and (c) Is prohibited from engaging in any extracurricular activity sponsored by the school. 3. [The] Except as otherwise provided in subsection 15 of NRS 392.466 or subsection 9 of NRS 392.467, the principal shall not assign a pupil to a temporary alternative placement if the suspension or expulsion of a pupil who is removed from the classroom pursuant to this section is: (a) Required by NRS 392.466; or (b) Authorized by NRS 392.467 and the principal decides to proceed in accordance with that section.  If the principal proceeds in accordance with NRS 392.466 or 392.467, the pupil must be removed from school in accordance with those sections and the provisions of NRS 392.4642 to 392.4648, inclusive, do not apply to the pupil. 4. A public school must, on or before August 1 of each year, develop or review and revise a plan to offer a pupil, including, without limitation, a pupil who is less than 11 years of age, who is removed from a classroom or any other premises of the public school pursuant to this section or NRS 392.466 for more than 2 school days: (a) Education services to prevent the pupil from losing academic credit or becoming disengaged from school during the period the pupil is removed from a classroom or any other premises of the public school; and (b) Appropriate positive behavioral interventions and support, trauma-informed support and a referral to a school social worker or school counselor. 5. A plan developed by a public school pursuant to subsection 4 must include: (a) An option to provide such education and support services to a pupil in an in-person setting; (b) The location where 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; – 4 – - 83rd Session (2025) (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. 8. After a pupil has been assigned to a temporary alternative placement pursuant to subsection 15 of NRS 392.466 or subsection 9 of NRS 392.467, a principal may continue the assignment for more than 45 school days if the principal determines that the continued temporary alternative placement is necessary for the safety of the pupil or others. The principal shall make such a determination before the pupil has been in a temporary alternative placement for more than 45 days. 9. The principal shall make the determination required by subsection 8 after holding a meeting with the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or the educational decision maker appointed to the pupil pursuant to NRS 432B.462, as applicable, and a contact person from the school, including, without limitation, a school counselor or social worker, to discuss whether the pupil is a risk to the safety of himself or herself or others if not in the temporary alternative placement. 10. If the principal determines that the temporary alternative placement is to be continued for more than 45 days pursuant to subsection 8, the principal shall provide: (a) Targeted interventions to the pupil during the temporary alternative placement; and (b) If an educational decision maker has been appointed for the pupil pursuant to NRS 432B.462, notification to the educational decision maker appointed to the pupil concerning the right to an evaluation to determine whether the pupil is eligible for special education and related services. 11. If a pupil is assigned to a temporary alternative placement for more than 21 days, the principal shall develop a plan to assist the pupil in the transition out of the temporary alternative – 5 – - 83rd Session (2025) placement before the termination of the temporary alternative placement. The plan must include, without limitation: (a) The school that the pupil will attend after the temporary alternative placement; and (b) Appropriate targeted scientific, research-based interventions and behavioral supports for the pupil at the school pursuant to an intervention plan to remediate any academic or behavioral difficulty of the pupil. 12. The principal shall hold a meeting to develop the plan required by subsection 11 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 the educational decision maker appointed to the pupil pursuant to NRS 432B.462, as applicable, and a contact person from the school, including, without limitation, a school counselor or social worker. 13. If the principal provides three written notices on 3 separate days requesting a person to attend a meeting required by subsection 9 or 12 and does not receive a response from the person within 24 hours after sending the third notice, the principal may hold the meeting without that person. 14. Each school district shall, on or before August 1 of each year, collect a representative sample of the plans developed pursuant to subsection 4 and submit a copy of the sampled plans to: (a) The Joint Interim Standing Committee on Education; (b) The Department; and (c) The State Board. [9.] 15. The sample of plans that is collected pursuant to subsection [8] 14 must correspond with the proportion of 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. – 6 – - 83rd Session (2025) [10.] 16. As used in this section, “homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2). Sec. 1.5. NRS 392.4655 is hereby amended to read as follows: 392.4655 1. Except as otherwise provided in this section, a principal of a school shall deem a pupil who is at least 11 years of age and enrolled in the school a habitual disciplinary problem if the school has written evidence which documents that in 1 school year: (a) The pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or other personnel employed by the school two or more times or the pupil has a record of five significant suspensions from the school for any reason; (b) The school has made reasonable efforts to develop a plan of behavior pursuant to subsection [5] 6 and the pupil has not made efforts to enter into or participate in such a plan of behavior; (c) The homelessness of the pupil was not a factor in his or her behavior, as determined [in consultation] after conducting a meeting with the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 4 [Text truncated for display. 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