NRS392A.105. Rules of behavior for pupils; procedure for suspension or expulsion; rules for truancy.

      1.  The governing body of a university school for profoundly gifted pupils shall adopt:

      (a) Written rules of behavior for pupils enrolled in the university school, including, without limitation, prohibited acts; and

      (b) Appropriate punishments for violations of the rules.

      2.  Except as otherwise provided in subsection 3, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the university school for profoundly gifted pupils shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such a hearing must be closed to the public.

      3.  A pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the university school for profoundly gifted pupils immediately upon being given an explanation of the reasons for the removal of the pupil and pending proceedings, which must be conducted as soon as practicable after removal, for his or her suspension or expulsion.

      4.  A pupil who is enrolled in a university school for profoundly gifted pupils and participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented or who receives early intervening services, may, in accordance with the procedural policy adopted by the governing body of the university school for such matters, be:

      (a) Suspended from the university school pursuant to this section for not more than 10 days.

      (b) Suspended from the university school for more than 10 days or permanently expelled from school pursuant to this section only after the governing body has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

      5.  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 the university school for profoundly gifted pupils during the year.

      (b) Available for public inspection at the university school.

      6.  The governing body of a university school for profoundly gifted pupils may adopt rules relating to the truancy of pupils who are enrolled in the university 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 the governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

      (Added to NRS by 2007, 1208; A 2009, 758)