Nevada SB 177: Revises provisions relating to education. (BDR 34-942)

Bill Text

- 83rd Session (2025)
Senate Bill No. 177–Senator Ohrenschall

CHAPTER..........

AN ACT relating to education; authorizing a principal to assign a
homeless pupil or a pupil in foster care to a temporary
alternative placement under certain circumstances; revising
the requirement for the principal of a school to consult with
certain persons before determining that a homeless pupil or a
pupil in foster care is a habitual disciplinary problem;
revising the procedure for the suspension of homeless pupils
or pupils in foster care and the procedure for determining
whether homelessness or placement in foster care is a factor
in the behavior of certain pupils; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes the process for the principal of a school to determine
that a pupil who is 11 years of age or older and enrolled in the school is a habitual
disciplinary problem. (NRS 392.4655) Under existing law, if a pupil who is 11
years of age or older is deemed a habitual disciplinary problem and the school has
made a reasonable effort to complete a plan of action based on restorative justice
with the pupil, the principal is generally authorized to suspend the pupil, or under
extraordinary circumstances, expel the pupil from the school. (NRS 392.466)
Existing law provides that before a pupil who is homeless or in foster care may be
determined to be a habitual disciplinary problem, the principal is required to consult
with certain persons. (NRS 392.4655) Section 1.5 of this bill requires the principal
to conduct a meeting with those persons rather than consult with those persons.
Section 1.5 also requires such a meeting concerning a pupil who is in foster care to
additionally include the educational decision maker appointed for the pupil by a
court under existing law. (NRS 432B.462)
Existing law requires that, to suspend from school a pupil who is homeless or
has been placed in foster care for not more than 5 days, a determination must be
made, after consultation with certain persons, that homelessness or being in foster
care was not a factor in the behavior of the pupil. Under existing law, the person
responsible for making such a determination is required to presume that
homelessness or being in foster care was not a factor in the behavior and make the
determination in consultation with certain persons. (NRS 392.466, 392.467)
Sections 2 and 3 of this bill authorize a principal to suspend a homeless pupil or a
pupil in foster care for 5 days or less without consideration of whether being
homeless or being in foster care was a factor in the behavior of the pupil and to
consider such factors when the pupil is suspended for more than 5 days. As soon as
practicable and not later than the 10th school day after the pupil is suspended,
sections 2 and 3 require the principal to consider whether the behavior was caused
by or had a substantial relationship to the pupil being in foster care or being
homeless during a meeting with certain persons who have an interest in the
education of the pupil. If during such a meeting it is determined that the conduct
was caused by or had a substantial relationship to the pupil being in foster care or
being homeless, sections 2 and 3 additionally require the principal to either: (1)
end the period of suspension and provide the pupil with behavioral and academic
support; or (2) assign the pupil to a temporary alternative placement for not more
than 45 school days if the pupil is a habitual disciplinary problem or the behavior

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- 83rd Session (2025)
that led to the suspension consisted of, while at school or a school activity,
possessing a dangerous weapon or firearm, engaging in certain actions relating to
controlled substances or committing a battery intended to cause bodily injury.
Section 1 of this bill authorizes a principal to continue the temporary
alternative placement of such a pupil for more than 45 days if the principal
determines that the continued temporary placement is necessary for the safety of
the pupil or others. Section 1 requires the principal to make such a determination
after holding a meeting with the local educational agency liaison for homeless
pupils or educational decision maker of the pupil and a contact person at the school.
If the principal makes such a determination, section 1 additionally requires the
principal to provide targeted intervention to the pupil and notify the educational
decision maker appointed for the pupil concerning the right to an evaluation to
determine if the pupil is eligible for special education and related services.
Additionally, section 1 requires the principal to hold a meeting to create a plan for
the transition of the pupil from the temporary alternative placement if the pupil is
assigned to a temporary alternative placement for more than 21 days.
Sections 1.5-3 additionally require that the school have been given notice that
the pupil is homeless or in foster care before t