NRS392.4646. Removal of pupil from classroom: Conference; recommendation of principal.

      1.  Except as otherwise provided in this section, not later than 3 school days after a pupil is removed from a classroom pursuant to NRS 392.4645, a conference must be held with:

      (a) The pupil;

      (b) A parent or legal guardian of the pupil;

      (c) The principal of the school; and

      (d) The teacher who removed the pupil.

Ê The principal shall give an oral or written notice of the conference, as appropriate, to each person who is required to participate.

      2.  After receipt of the notice required pursuant to subsection 1, the parent or legal guardian of the pupil may, not later than 3 school days after the removal of the pupil, request that the date of the conference be postponed. The principal shall accommodate such a request. If the date of the conference is postponed pursuant to this subsection, the principal shall send written notice to the parent or legal guardian confirming that the conference has been postponed at the request of the parent or legal guardian.

      3.  If a parent or legal guardian of a pupil refuses to attend a conference, the principal of the school shall send a written notice to the parent or legal guardian confirming that the parent or legal guardian has waived the right to a conference provided by this section and authorized the principal to recommend the placement of the pupil pursuant to subsection 6.

      4.  Except as otherwise provided in this subsection, a pupil must not return to the classroom from which the pupil was removed before the conference is held. If the conference is not held within 3 school days after the removal of the pupil, the pupil must be allowed to return to the classroom unless:

      (a) The parent or legal guardian of the pupil refuses to attend the conference;

      (b) The failure to hold a conference is attributed to the action or inaction of the pupil or the parent or legal guardian of the pupil; or

      (c) The parent or legal guardian requested that the date of the conference be postponed.

      5.  During the conference, the teacher who removed the pupil from the classroom or the principal shall provide the pupil and the pupil’s parent or legal guardian with an explanation of the reason for the removal of the pupil from the classroom. The pupil and the pupil’s parent or legal guardian must be granted an opportunity to respond to the explanation of the pupil’s behavior and to indicate whether the removal of the pupil from the classroom was appropriate in their opinion based upon the behavior of the pupil.

      6.  Upon conclusion of the conference or, if a conference is not held pursuant to subsection 3 not later than 3 school days after the removal of a pupil from a classroom, the principal shall recommend whether to return the pupil to the classroom or continue the temporary alternative placement of the pupil.

      (Added to NRS by 1999, 3186)