Nevada - Alternatives to Exclusionary Discipline: Programs and Services

Area: 
Programs And Services
Policy Type: 
Statute
Summary: 

State law requires districts to use alternatives to out-of-school suspension or expulsion, such as, in-school suspension, behavioral interventions, or restorative practices.

Nevada Revised Statutes 392.4645. Removal of pupil: Notice; assignment to temporary alternative placement; exceptions.

  1. The plan established pursuant to NRS 392.4644 must provide for the temporary removal of a pupil 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 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 must 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.
      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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