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KidsKnowRights

Suspension, bullying reports, and your rights at school in Nevada

Nevada law says who can be suspended or expelled, what a student must be told first, and how fast a school has to act after a bullying report.

Por Ian Massaro

Founder and President of KidsKnowRights7 min de leitura

Aguardando revisão jurídica profissional

Temas:Nevadasuspensionbullyingstate law

Este artigo traz informações educativas gerais, não aconselhamento jurídico individual. A KidsKnowRights não é um escritório de advocacia, e ler este artigo não cria uma relação advogado-cliente. As leis variam de acordo com o estado, a idade e as circunstâncias, e mudam com o tempo. Para receber orientação sobre uma situação real, fale com um advogado licenciado ou com uma organização de assistência jurídica gratuita.

O texto completo desta página ainda não foi traduzido, por isso aparece em inglês abaixo. O resumo, os rótulos e as informações de segurança acima estão traduzidos.

A 13-year-old at a middle school in North Las Vegas is sent to the office after a fight in the hallway, and the assistant principal mentions suspension. Nevada has written rules for this moment, most of them in Chapter 392 of the Nevada Revised Statutes (NRS, the state's written laws). They cover who can be suspended, what you must be told first, and how to appeal.

Who has to be in school, and who can be sent home

Nevada requires parents to enroll and send any child between 6 and 18 to school for the full school day, unless the child has already graduated.

The state also limits discipline by age. A school board may suspend or expel a student who is at least 11. A student from 6 to 10 generally may not be expelled, and a school needs special approval from its board in extraordinary situations. No student may be suspended or expelled only for skipping school or being labeled truant.

Notice, a hearing, and an appeal

Before a Nevada school suspends or expels you, you must get notice of the charges, an explanation of the evidence, and a chance to schedule a hearing (a meeting where you can tell your side). The exception is a student who is a continuing danger, is an ongoing threat to disrupt classes, is selling drugs, or has a gun or dangerous weapon. That student can be removed right away, with the hearing held as soon as practicable. These hearings are closed to the public.

The federal floor comes from Goss v. Lopez (1975). The U.S. Supreme Court ruled that even a suspension of 10 days or less requires telling the student the charges and letting them tell their side.

For a significant suspension (a longer one) or an expulsion, each Nevada district and charter school must post an appeal policy on its website. The family must be told about the right to appeal. After the appeal hearing, the school may not make the punishment longer.

Nevada law also asks schools to try repair before removal. After a suspension of 3 days or more, or once a student reaches 5 days of suspension in a school year, the school must give a progressive discipline plan based on restorative justice (a plan focused on fixing harm and changing behavior).

What a school must do after a bullying report

Nevada's law on a safe and respectful learning environment (NRS Chapter 388) covers bullying, cyber-bullying, and discrimination based on race. Since 2021, 'race' in that law includes hair texture and protective hairstyles such as braids, locks, and twists.

A teacher, coach, or other staff member who sees bullying or hears about it must report it to the administrator the same day. If bullying likely happened, the administrator must act to stop it and start an investigation. Parents of the students involved must usually be told by the end of that school day. The investigation should be finished within 5 school days, with 2 extra days allowed in hard cases, and it ends in a written report.

Where to go if the school does not follow the rules

Importante

Ask for the hearing, in writing, and ask for your district's appeal policy. You are allowed to. Keep copies of every notice and email.

For bullying or race-based harassment, the Nevada Department of Education runs the Office for a Safe and Respectful Learning Environment. By law it keeps a 24-hour, toll-free statewide hotline and a website where anyone can report a violation. The state's SafeVoice program also takes safety tips, and people who share information can usually stay anonymous.

Lembre-se disto

  • In Nevada, school is required from 6 to 18, and students under 11 generally cannot be expelled.
  • Before most suspensions, you get notice of the charges, an explanation of the evidence, and a chance at a hearing.
  • A bullying report must reach the administrator the same day, and the investigation should finish within 5 school days.
  • The Office for a Safe and Respectful Learning Environment runs a 24-hour statewide hotline for reports.

Fontes

Este artigo traz informações educativas gerais, não aconselhamento jurídico individual. A KidsKnowRights não é um escritório de advocacia, e ler este artigo não cria uma relação advogado-cliente. As leis variam de acordo com o estado, a idade e as circunstâncias, e mudam com o tempo. Para receber orientação sobre uma situação real, fale com um advogado licenciado ou com uma organização de assistência jurídica gratuita.