Nevada Administrative Code
Chapter 388 - System of Public Instruction
Section 388.Sec. 1.2 - NEW

Universal Citation: NV Admin Code 388.Sec. 1.2

Current through February 27, 2024

1. The governing body of each school, in consultation with the administrator of the school, shall provide for the restorative discipline of pupils. The governing body and administrator shall:

(a) Provide for the restorative discipline of pupils in a manner that:
(1) Considers the unique strengths of pupils and their families, the leadership and staff of the school and the community in which the school is located;

(2) Is culturally responsive and trauma-informed;

(3) Serves to eliminate any disparate or discriminatory impacts of disciplining pupils, including, without limitation, impacts based on the actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability, sex or any other distinguishing characteristic or background of a pupil;

(4) Supports effective and transparent communication with pupils and the parents or guardians of pupils;

(5) Regularly and intentionally collaborates with pupils; and

(6) Incorporates the philosophy, methods and practices identified in nationally accepted models of best practice for restorative discipline in schools.

(b) Use the statewide framework for providing and coordinating integrated student supports for pupils established pursuant to NRS 388.885.

(c) Appoint a school team to implement a tiered model of prevention and support. The school team must use strategies, practices and supports for prevention that are:
(1) Based on nationally accepted best practices and, to the extent practicable, empirically valid scientific evidence;

(2) Culturally responsive and respectful; and

(3) Based on instructional practices that are of the highest quality.

(d) Use data in accordance with subsection 3 to support decision making and to monitor the progress of the implementation of the tiered model of prevention and support pursuant to paragraph (c) at the whole school, groups of pupils and individual pupil levels.

(e) Identify preventive measures to support the establishment and maintenance of a positive school climate for pupils, the parents and guardians of pupils and the faculty and staff of the school.

(f) Identify a process and indicators for identifying pupils who may need additional support beyond the preventive measures implemented in a school.

(g) Develop a template for an individual plan of action to be used for a pupil who is identified pursuant to paragraph (f) as needing additional support. The template must:
(1) Include interventions and supports that:
(I) Hold the pupil accountable for his or her behavior;

(II) Serve to restore or remedy damage or injury related to the behavior of the pupil;

(III) Provide relief for any victim of the pupil, as appropriate; and

(IV) Support the pupil in changing his or her behavior;

(2) Consider previous efforts to prevent or address the behavior through nonpunitive intervention and support provided by the school to the pupil to improve the behavior of the pupil pursuant to NRS 388.885, including, without limitation, interventions and supports that are provided to the school or to groups of pupils;

(3) Consider any characteristics of the pupil which may be contributing to the behavior of the pupil, including, without limitation:
(I) The pupil's status as homeless, unaccompanied or in foster care;

(II) Current or past trauma;

(III) Whether the pupil has bullied other pupils or has been a victim of bullying; and

(IV) The age and ability of the pupil to understand the consequences of his or her actions;

(4) Use multiple sources of data to identify appropriate supports for the pupil and monitor the effectiveness of such supports; and

(5) To the extent practicable, include input from the parent or guardian of the pupil and, if appropriate, the pupil.

(h) Develop goals and a plan of action to address any issues of disproportionality or trends in the discipline of pupils collected and reported pursuant to NRS 385A.840 and 392.462.

(i) Identify areas for the professional development of school administrators and teachers.

2. A school team appointed pursuant to paragraph (c) of subsection 1:

(a) Must include administrators, teachers and specialized instructional support personnel;

(b) May include pupils, parents and guardians of pupils and community stakeholders; and

(c) Must meet on a regular basis to review the effectiveness of the tiered model of prevention and support implemented by the school team, including, without limitation, by examining relevant data used pursuant to paragraph (d) of subsection 1.

3. Data used pursuant to paragraph (d) of subsection 1:

(a) May be sourced from, without limitation:
(1) Annual surveys on school climate;

(2) Information published through the automated system of accountability information established pursuant to NRS 385A.800;

(3) Data collected through a screening or assessment conducted pursuant to subsection 1 of NRS 388.885; and

(4) Any other data that supports the implementation of a tiered model of prevention and support.

(b) Shall, to the extent practicable, be disaggregated and examined by the categories of pupils identified in subsection 2 of NRS 385A.240 to support the identification of disproportional access to prevention and support or relevant pupil outcomes.

4. Professional development identified pursuant to paragraph (i) of subsection 1 may include, without limitation:

(a) Methods, practices and approaches to restorative discipline;

(b) The written rules of behavior and appropriate punishments prescribed pursuant to NRS 392.463 and the plan to provide for the restorative discipline of pupils established pursuant to NRS 392.4644;

(c) The statewide framework for integrated student supports established pursuant to NRS 388.885, including, without limitation, any positive behavioral interventions and supports included in the statewide framework;

(d) Culturally responsive classroom management;

(e) Awareness regarding the impact of implicit bias and methods to mitigate such impact;

(f) Effects of trauma and chronic stress, effective responses to trauma and chronic stress and instructional practices that are trauma-informed;

(g) Child and adolescent development;

(h) Conflict resolution and de-escalation techniques;

(i) Social, emotional and academic development; and

(j) Any other training that supports the improvement of school climate, culture and safety and pupil outcomes.

5. When carrying out the written rules of behavior and appropriate punishments prescribed pursuant to NRS 392.463 and the plan to provide for the restorative discipline of pupils established pursuant to NRS 392.4644:

(a) An administrator, or his or her designee, acts in loco parentis and shall work to safeguard the rights of pupils; and

(b) A school resource officer or school police officer shall act in accordance with nationally accepted models of best practice established by a national association for such officers, including, without limitation, that school resource officers or school police officers do not administer formal discipline decisions of a school or school district.

Added to NAC by Bd. of Education by R021-22A, eff. 2/13/2023

NRS 388.133

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