State
Nevada
Category
Firearms or Weapons on School Campuses
Category
Firearms or Weapons on School Campuses
Category
Firearms or Weapons on School Campuses
Category
Firearms or Weapons on School Campuses
State law complies with minimum requirements of the federal Gun-Free Schools Act (GFSA).
Nevada Revised Statutes 392.4634. Prohibition against disciplining certain pupils for simulating firearm or dangerous weapon or wearing clothing or accessories that depict firearm or dangerous weapon; exceptions; prohibition against adoption of conflicting policy, ordinance or regulation.
- Except as otherwise provided in subsection 3, 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, unless it substantially disrupts the educational environment.
- 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.
- 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.
- 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.
- 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.
- As used in this section: (a) “Dangerous weapon” has the meaning ascribed to it in paragraph (b) of subsection 11 of NRS 392.466. (b) “Firearm” has the meaning ascribed to it in paragraph (c) of subsection 11 of NRS 392.466.
Policy Type
Statute
Source
Nevada Revised Statutes 392.466. Suspension or expulsion of pupil for battery on employee of school possession of firearm or dangerous weapon sale or distribution of controlled substance or status as habitual disciplinary problem; modification to suspe
- Except as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon 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 and: (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.
Policy Type
Statute
Source
Nevada Revised Statutes 392.467. Suspension or expulsion of pupil: Procedure; limitations.
- Except as otherwise provided in subsection 6, no pupil may be suspended or expelled until the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing, except that a pupil who 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.
Policy Type
Statute
Source