2023 Nevada Revised Statutes › Chapter 392 - Pupils › NRS 392.4645 - Removal of pupil: Notice; assignment to temporary alternative placement; exceptions; public school to annually develop or review and revise plan to provide services to pupil; requirements of plan; determination whether pupil is homeless pupil; submission of representative sample of plans; sample to be demographically proportional.

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;
(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.
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;
(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. 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. The sample of plans that is collected pursuant to subsection 8 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.
10. 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).
(Added to NRS by 1999, 3185; A 2017, 2006; 2019, 3251; 2021, 3562; 2023, 766, 789)