Nev. Admin. Code § 388.Sec. 1.2 - NEW
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.
Notes
NRS 388.133
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