Nevada Revised Statutes 388A.495 – Adoption and distribution of rules of behavior and punishments; requirement for suspension or expulsion of pupil to be consistent with such requirements for public schools; procedure for suspension or expulsion of p…
1. A governing body of a charter school shall adopt:
Terms Used In Nevada Revised Statutes 388A.495
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Charter school: means a public school that is formed pursuant to the provisions of chapter 388A of NRS. See Nevada Revised Statutes 385.007
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(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. A pupil enrolled in a charter school shall only be suspended or expelled in a manner consistent with the requirements for the suspension or expulsion of a pupil enrolled in a public school within a school district as set forth in NRS 392.4601 to 392.472, inclusive.
3. Except as otherwise provided in NRS 392.467, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, at the time of the suspension or expulsion, the pupil and, if the pupil is under 18 years of age, the parent or guardian of the pupil, are given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. If a pupil is significantly suspended, expelled or permanently expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the significant suspension, expulsion or permanent expulsion in accordance with the provisions of NRS 392.4671. The charter school shall ensure that a pupil who is significantly suspended, expelled or permanently expelled and is appealing the significant suspension, expulsion or permanent expulsion or a pupil who is being considered for significant suspension, expulsion or permanent expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by NRS 392.4676. 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.
4. 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.
5. 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.
6. 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) ’Significantly suspended’ has the meaning ascribed to ‘significant suspension’ in NRS 392.4655.
(d) ’Suspend’ or ‘suspension’ has the meaning ascribed to it in NRS 392.4607.