Section 392.4644 - Plan for progressive discipline and on-site review of disciplinary decisions; annual review and revision of plan; posting and distribution of revised plan; written reports by board of trustees concerning compliance with section; written notice to address disproportionality in disciplinary actions; requirements for public school that fails to address disproportionality1. The 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 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 at the public school, 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) 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 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) 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 provided to each school over which the superintendent or administrative head has authority and posted on the Internet website maintained by the public school.(j) 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, the parents and guardians of pupils, 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 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, the parents and guardians of pupils, the pupils who are enrolled in the school and, if applicable, the organizational team established pursuant to NRS 388G.700, if necessary.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 counselor, school social worker, school psychologist, behavior analyst 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 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(b) Post a copy of the report on the Internet website maintained by the school district, 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, 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: (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.Added to NRS by 1999, 3185; A 2003, 3382; 2017, 726, 2005; 2019, 3250, 3572; 2021, 3561; 2023, 763, 787, 803Amended by 2023, Ch. 150,§13.5, eff. 5/31/2023.Amended by 2023, Ch. 150,§6, eff. 5/31/2023.Amended by 2023, Ch. 149,§5, eff. 7/1/2023.Amended by 2021, Ch. 530,§5, eff. 7/1/2022.Amended by 2019, Ch. 559,§5.5, eff. 7/1/2019.Amended by 2019, Ch. 534,§32, eff. 7/1/2019.Amended by 2017, Ch. 334,§9, eff. 7/1/2017.Amended by 2017, Ch. 158,§8, eff. 7/1/2017.Added to NRS by 1999, 3185; A 2003, 3382