Nevada Revised Statutes
Chapter 388A - Charter Schools
NRS 388A.495 - Adoption and distribution of rules of behavior and punishments; procedure for suspension or expulsion of pupils; adoption of rules for truancy.

1. A governing body of a charter school shall adopt:
(a) Written rules of behavior required of and prohibited for pupils attending the charter school; and
(b) Appropriate punishments for violations of the rules.
2. If suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, before the suspension or expulsion, the pupil and, if the pupil is under 18 years of age, the parent or guardian of the pupil, has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. If a pupil is suspended or expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the suspension or expulsion in accordance with the provisions of NRS 392.4671. The charter school shall ensure that a pupil who is suspended or expelled and is appealing the suspension or expulsion or a pupil who is being considered for suspension or expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by NRS 392.4673. The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such a hearing or proceeding must be closed to the public.
3. A pupil who is at least 11 years of age and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school only after the charter school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.
4. A pupil with a disability who is at least 11 years of age and who is enrolled in a charter school may, in accordance with the procedural policy adopted by the governing body of the charter school for such matters and only after the governing body or its designee has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:
(a) Suspended from the charter school pursuant to this section for not more than 5 days for each occurrence of proscribed conduct.
(b) Expelled from school pursuant to this section.
(c) Permanently expelled from school pursuant to this section.
5. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:
(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.
(b) Available for public inspection at the charter school.
6. The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.
7. As used in this section:
(a) "Expel" or "expulsion" has the meaning ascribed to it in NRS 392.4603.
(b) "Permanently expelled" means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled:
(1) Except as otherwise provided in subparagraph (2), without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district; and
(2) With the possibility of enrolling in a program or public school for alternative education for pupils who are expelled or permanently expelled after being permanently expelled.
(c) "Pupil with a disability" has the meaning ascribed to it in NRS 388.417.
(d) "Suspend" or "suspension" has the meaning ascribed to it in NRS 392.4607.
(Added to NRS by 1997, 1851; A 2009, 752; 2015, 3301; 2019, 3568; 2021, 921, 2326)

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