Section 392.472 - Requirement to provide plan of action before removing, suspending or expelling pupil; example plans of action; approval of plans of action; guidance document1. Except as otherwise provided in NRS 392.466 , a public school shall provide a progressive discipline plan based on restorative justice :(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 based on restorative justice which 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;(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; (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, 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) One or more models of restorative justice and best practices relating to restorative justice;
(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(d) One or more examples of a progressive discipline plan 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.Added to NRS by 2019, 3570; A 2021, 927, 2336, 3570, effective July 1, 2022Amended by 2023, Ch. 150,§13, eff. 5/31/2023.Amended by 2023, Ch. 149,§9, eff. 7/1/2023.Amended by 2021, Ch. 530,§12, eff. 7/1/2022.Amended by 2021, Ch. 384,§26, eff. 7/1/2021.Amended by 2021, Ch. 196,§10, eff. 7/1/2021.Added by 2019, Ch. 559,§3.3, eff. 7/1/2019.