[Rev. 2/10/2015 5:20:24
PM--2014R2]
CHAPTER 392 - PUPILS
GENERAL PROVISIONS
NRS 392.010 Admission
of pupil from adjoining state or district; payment of tuition for pupil
attending school in adjoining district or state; agreement for payment of
tuition, transportation and other costs.
NRS 392.015 Admission
of pupil from Indian reservation in school nearest pupil’s residence;
reimbursement for additional costs of transportation; exceptions.
NRS 392.016 Admission
of pupil with lawfully issued fictitious address.
NRS 392.017 Regulations
concerning school choice for pupils enrolled in persistently dangerous school
and for pupils who are victims of violent offense while at school.
NRS 392.018 Written
notice of certain courses, services and educational programs available to
pupils within school district; posting at public schools; availability to
parents.
NRS 392.019 Payment
of tutoring or other educational services for child who is employed to work in
entertainment industry.
NRS 392.025 Grade
given to pupil by teacher: Restriction on change by board of trustees.
NRS 392.029 Compliance
with federal law governing access and confidentiality of education records and
elicitation of information concerning pupils; written notice of rights to
parents and guardians required.
NRS 392.033 Regulations
prescribing requirements for promotion to high school; effect of failure to
comply; evaluation of course of study or credits of pupil who transfers from
junior high or middle school; placement on academic probation; enrollment of
homeschooled children in high school.
NRS 392.035 Formula
for determining mobility of pupils in school; Department to distribute form for
submitting information necessary to formula.
ATTENDANCE
Compulsory and Excused Attendance; Retention
NRS 392.040 Attendance
required for child between 7 and 18 years of age; minimum age required for
kindergarten and first grade; waiver from attendance available for child 6
years of age; developmental screening test required to determine placement;
effect of military transfer of parent of child.
NRS 392.050 Attendance
excused for physical or medical condition; excused child with disability
qualifies for free appropriate public education.
NRS 392.060 Attendance
excused upon completion of 12 grades of elementary and high school.
NRS 392.070 Attendance
excused for children in private school or homeschool; participation of private
school children and homeschooled children in classes and extracurricular
activities.
NRS 392.075 Attendance
excused if permission granted to take high school equivalency assessment.
NRS 392.080 Attendance
excused for distant residence from nearest school.
NRS 392.110 Attendance
excused for child between 15 and 18 years of age who has completed eighth grade
to enter employment or apprenticeship; written permit required.
NRS 392.118 Accounting
of attendance and tardiness on report cards of pupils.
NRS 392.122 Minimum
attendance requirements; school district authorized to exempt medical absences
from requirements; notice and opportunity for parent to review absences before
credit or promotion is denied; information to parents concerning duty to
comply.
NRS 392.123 Written
statement verifying pupil’s compliance with minimum attendance requirements or
determination of existence of hardship and best interests of pupil or pupil’s
family; submission of written statement or determination with application for
driver’s license; boards of trustees to prescribe standard form.
NRS 392.125 Retention
of pupil in same grade: Requirements; limitation; exception for charter
schools.
Advisory Boards to Review School Attendance; Absence and
Truancy; Administrative Sanctions
NRS 392.126 Creation
of advisory board in each county; membership; terms; compensation.
NRS 392.127 Administrative
support to advisory boards.
NRS 392.128 Duties
of advisory boards; division into subcommittees; provision of assistance in
conjunction with community service providers; use and accounting of available
money by advisory board.
NRS 392.129 Establishment
of school attendance councils; membership; duties; annual report. [Repealed.]
NRS 392.130 Conditions
under which pupil deemed truant; approval required for absence; notice of
unapproved absence to parent; applicability.
NRS 392.140 Conditions
under which pupil declared habitual truant; applicability.
NRS 392.141 Applicability
of provisions to pupils.
NRS 392.144 Duties
of school if pupil is truant; habitual truant must be reported to attendance
officer or law enforcement, referred to advisory board or referred for
imposition of administrative sanctions.
NRS 392.146 Contents
of written referral to advisory board; notice to parents or guardian.
NRS 392.147 Hearing
by advisory board; written agreement for participation of pupil in certain
programs; reporting of pupil to attendance officer or law enforcement agency or
referral for administrative sanctions under certain circumstances; appeal by
parent; confidentiality of information.
NRS 392.148 Administrative
sanctions against habitual truant after investigation and hearing; suspension
or delay in issuance of driver’s license; appeal by parent or guardian.
NRS 392.149 Issuance
of citation to habitual truant; applicability.
NRS 392.150 Appointment
of attendance officer authorized; procedures to monitor attendance and truancy;
consideration of employment of attendance clerk.
NRS 392.160 Taking
into custody child reported absent from school; persons or counseling agency to
whom child may be delivered.
Birth Certificates and Records of Attendance; Name for
Enrollment
NRS 392.165 Documents
required for permanent enrollment; name under which child must be enrolled;
notification to local law enforcement agency for failure to furnish documents.
NRS 392.167 Petition
for court order permitting enrollment of child under name other than name
appearing on birth certificate or other identifying document.
Enforcement and Penalties
NRS 392.170 Investigation
of charges against parent, guardian or custodian of child; written report.
NRS 392.180 Criminal
complaint by board of trustees of school district or governing body of charter
school.
NRS 392.190 Criminal
complaint by attendance officer.
NRS 392.200 Criminal
complaint by taxpayer, school administrator or school officer.
NRS 392.210 Penalty
for failure of parent, guardian or custodian of child to prevent subsequent
truancy; limitation for providers of foster care.
NRS 392.215 False
statement concerning age or attendance; false birth certificate or record of
attendance; refusal to furnish documents; penalty.
NRS 392.220 Penalty
for abetting truancy; unlawful employment of child absent from school;
visitation of place of employment by school officer or attendance clerk to
verify compliance.
CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT FOR SEXUAL
OFFENSE OR SEXUALLY MOTIVATED ACT
NRS 392.251 Definitions.
NRS 392.254 “Notification”
defined.
NRS 392.258 “Offender”
defined.
NRS 392.2583 “Sexual
offense” defined.
NRS 392.2587 “Sexually
motivated act” defined.
NRS 392.261 “Victim”
defined.
NRS 392.264 Offender
prohibited from attending school victim attends without court approval; duty of
superintendent of school district to negotiate agreement for attendance in
another school district; termination of agreement.
NRS 392.268 Reimbursement
to school district for transportation costs incurred to send offender to school
other than school victim attends.
NRS 392.271 Confidentiality
of name of victim; immunity from liability if name released under certain
circumstances.
TRANSPORTATION
NRS 392.300 Transportation
for pupils may be furnished by trustees; regulations.
NRS 392.320 Use
of certain money for procuring vehicles, drivers and insurance.
NRS 392.330 Transportation
by common and private carrier; purchase of bus tickets for certain pupils;
contracts and insurance.
NRS 392.340 No
admission of liability for injury or death.
NRS 392.350 Payment
to parents or guardian in lieu of furnishing transportation; conditions.
NRS 392.360 Transportation
of children to and from activities and programs; use and supervision of
vehicles; qualifications and restrictions for drivers.
NRS 392.375 School
bus transportation: Drills to practice evacuation; adoption and requirements of
safety program; information to parents and guardians concerning school bus
safety; regulations.
NRS 392.380 Drivers:
Qualifications; training course; annual test; employment of pupils.
NRS 392.400 Condition,
equipment and specifications of vehicle used for transportation of pupils;
inspection; exemption; penalties.
NRS 392.405 Standards
for new school buses purchased by school district on and after January 1, 2016.
NRS 392.410 Equipment
and identification of school bus; use of system of flashing red lights;
compliance with standards; inspection; penalties.
SCHOOL UNIFORMS; HEALTH AND SAFETY
NRS 392.415 Authorization
to establish policy of uniforms for pupils and dress code for educational
personnel; financial assistance for pupils to purchase uniforms.
NRS 392.420 Physical
examinations of pupils; representative sample of height and weight of pupils in
certain school districts; qualifications of persons to conduct examinations;
notice to parent of examination and opportunity for exemption; report of
results to Chief Medical Officer. [Effective through June 30, 2015.]
NRS 392.420 Physical
examinations of pupils; qualifications of persons to conduct examinations;
notice to parent of examination and opportunity for exemption; report of
results to Chief Medical Officer. [Effective July 1, 2015.]
NRS 392.425 Authorization
for pupil to self-administer medication for asthma or anaphylaxis; contents of
request; immunity from liability.
NRS 392.430 Sanitation
and prevention of diseases: Authority of board of trustees of school districts
and governing bodies of charter schools.
NRS 392.435 Immunization
of pupils: Certificate prerequisite to enrollment; conditional enrollment;
effect of military transfer of parent of child; consequences for failure to
immunize; report to Division of Public and Behavioral Health; inclusion of
certificate in pupil’s record.
NRS 392.437 Immunization
of pupils: Exemption if prohibited by religious belief.
NRS 392.439 Immunization
of pupils: Exemption if prevented by medical condition.
NRS 392.443 Immunization
of pupils: Additional requirements imposed after enrollment; additional
certificate required.
NRS 392.446 Immunization
of pupils: Protection of child exempt from immunization if dangerous disease
exists in school.
NRS 392.448 Immunization
of pupils: Penalty for refusal to remove child from school when required by
law.
NRS 392.450 Drills
to instruct pupils in appropriate procedures to be followed in event of
emergency; posting of escape routes; enforcement; penalty.
NRS 392.452 Adoption
of policy by school district for prevention and treatment of injuries to the
head which may occur during participation in competitive sports; requirements
of policy; annual acknowledgment of policy by parent and pupil.
NRS 392.455 Devices
for protection of eyes required in certain classes.
PARENTAL INVOLVEMENT AND FAMILY ENGAGEMENT
NRS 392.456 Form
for use in elementary schools concerning status of pupil and participation of
parent; restrictions on use.
NRS 392.457 Adoption
of policies by State Board and school districts concerning effective
involvement and engagement; annual review of policies.
NRS 392.4575 Educational
involvement accords; policy by school districts for development and
distribution; annual review.
NRS 392.4577 Employer
required to grant leave to parent to participate in school conferences and
other school-related activities; conditions; exception.
BEHAVIOR AND DISCIPLINE
General Provisions
NRS 392.461 Code
of honor relating to cheating; contents; distribution.
NRS 392.463 Adoption
of plan to ensure public schools are safe and free of controlled substances;
written rules of behavior and punishments; distribution of plan and rules to
pupils; availability for inspection.
NRS 392.4633 Corporal
punishment prohibited; report of violation; forwarding of complaint if
determined to be substantiated.
NRS 392.4635 Policy
for prohibition of activities of criminal gangs on school property.
NRS 392.4637 Policy
concerning use and possession of pagers, cellular telephones and other
electronic devices.
NRS 392.4638 Board
of trustees authorized to adopt policy for pupils to report unlawful activity
being conducted on school property, activity sponsored by public school or on
school bus.
NRS 392.464 Adoption
and enforcement by trustees of disciplinary measures for pupil in possession of
alcoholic beverage or controlled substance on premises of school.
Temporary Alternative Placement
NRS 392.4642 “Principal”
defined.
NRS 392.4643 Actions
taken against pupils with disabilities.
NRS 392.4644 Plan
for progressive discipline and on-site review of disciplinary decisions; annual
review and revision of plan; posting and availability of plan; written reports
by superintendent of schools, board of trustees and Superintendent of Public
Instruction concerning compliance with section.
NRS 392.4645 Removal
of pupil from classroom: Notice; assignment to temporary alternative placement;
exceptions.
NRS 392.4646 Removal
of pupil from classroom: Conference; recommendation of principal.
NRS 392.4647 Establishment
of committee to review temporary alternative placement of pupils.
NRS 392.4648 Powers
and duties of committee to review temporary alternative placement of pupils.
Habitual Disciplinary Problem; Suspension and Expulsion
NRS 392.4655 Conditions
under which pupil deemed habitual disciplinary problem; plan of behavior to
prevent pupil from being deemed habitual disciplinary problem.
NRS 392.4657 Conditions
under which pupil deemed suspended.
NRS 392.466 Suspension
or expulsion of pupil for battery on employee of school, possession of firearm
or dangerous weapon, sale or distribution of controlled substance or status as
habitual disciplinary problem; limitations for pupils with disabilities.
NRS 392.467 Suspension
or expulsion of pupil: Procedure; limitation.
NRS 392.4675 Certain
suspended or expelled pupils ineligible to attend public school; authority for
school district or charter school to enroll ineligible pupil in alternative
programs, independent study, distance education or charter school designated
for pupils with disciplinary problems.
CRISIS AND EMERGENCY RESPONSE IN PUBLIC SCHOOLS
NRS 392.600 Definitions.
NRS 392.604 “Crisis”
defined.
NRS 392.608 “Development
committee” defined.
NRS 392.609 “Emergency”
defined.
NRS 392.610 “Local
organization for emergency management” defined.
NRS 392.612 “School
committee” defined.
NRS 392.616 Development
committee: Establishment by school districts and charter schools; membership;
terms of members.
NRS 392.620 Development
committee: Development of plan to be used by schools in responding to crisis or
emergency; submission of plan to board of trustees or governing body of charter
school; compliance with plan required.
NRS 392.624 Annual
review and update of plan for responding to crisis or emergency; maintenance,
posting and distribution of plan; annual training for school employees in responding
to crisis or emergency; acceptance of gifts and grants.
NRS 392.628 School
committee: Establishment; membership; terms of members.
NRS 392.632 School
committee: Annual review of plan prepared by development committee;
determination whether to request deviation from plan; notice of review.
NRS 392.636 Review
by development committee of proposed deviation from plan; notice of approval or
denial; submission of copy of approved deviation to board of trustees or
governing body.
NRS 392.640 State
Board: Development of plan for management of crisis or emergency; authorized
dissemination of plan prepared by State Board or development committee.
NRS 392.644 State
Board: Adoption of regulations concerning development of plans in responding to
crisis or emergency, review of proposed deviations and requirements for
training.
NRS 392.648 Duties
of principal if crisis or emergency occurs at school; determination by local
agency whether crisis or emergency requires assistance from state agency;
duties of Division of Emergency Management of Department of Public Safety.
NRS 392.652 Confidentiality
of plans, approved deviations and certain other information.
NRS 392.656 Inapplicability
of Open Meeting Law to development committee, school committee and certain meetings
of State Board related to crisis and emergency response.
HOMESCHOOLED CHILDREN
NRS 392.700 Notice
of intent to homeschool; release of child’s records; participation in
examinations; educational plan; discrimination prohibited.
NRS 392.705 Form
for participation in programs and activities at public school or through Nevada
Interscholastic Activities Association.
MISCELLANEOUS PROVISIONS
NRS 392.850 Provision
of information to certain employees regarding unlawful conduct of pupil;
immunity from liability under certain circumstances; confidentiality of information.
NRS 392.855 Policy
for procedures to be followed by peace officers in arresting pupil on school
grounds during school hours.
NRS 392.860 Employee
of school district prohibited from disclosing certain information about status
of pupil placed in foster home.
UNLAWFUL ACTS
NRS 392.900 Interference
with pupil attending school; penalty.
NRS 392.910 Disturbance
of school; assaulting pupil or school employee; interference with persons
peaceably assembled within school; penalties.
NRS 392.915 Threatening
to cause bodily harm or death to pupil or school employee by means of oral,
written or electronic communication; penalties.
NRS 392.920 Employer
prohibited from threatening or taking retaliatory action against parent for
parent’s participation in certain school conferences and school-related
activities; penalty; authorization for parent to file claim with Labor
Commissioner.
_________
NOTE: Section 1 of chapter 180, Statutes of
Nevada 2009, at p. 652, has been codified as NRS
388.221.
NOTE: Sections 5 and 6 of chapter 311,
Statutes of Nevada 2009, at pp. 1333-1334, have been codified as NRS 388.176 and 388.181.
_________
GENERAL PROVISIONS
NRS 392.010 Admission of pupil from adjoining state or district; payment of
tuition for pupil attending school in adjoining district or state; agreement
for payment of tuition, transportation and other costs. Except as to the attendance of a pupil
pursuant to NRS 388.820 to 388.874, inclusive, 392.015
or 392B.110, or a pupil who is
ineligible for attendance pursuant to NRS 392.4675
and except as otherwise provided in NRS 392.264 and
392.268:
1. The board of trustees of any school
district may, with the approval of the Superintendent of Public Instruction:
(a) Admit to the school or schools of the school
district any pupil or pupils living in an adjoining school district within this
State or in an adjoining state when the school district of residence in the
adjoining state adjoins the receiving Nevada school district; or
(b) Pay tuition for pupils residing in the school
district but who attend school in an adjoining school district within this
State or in an adjoining state when the receiving district in the adjoining
state adjoins the school district of Nevada residence.
2. With the approval of the Superintendent
of Public Instruction, the board of trustees of the school district in which
the pupil or pupils reside and the board of trustees of the school district in
which the pupil or pupils attend school shall enter into an agreement providing
for the payment of such tuition as may be agreed upon, but transportation costs
must be paid by the board of trustees of the school district in which the pupil
or pupils reside:
(a) If any are incurred in transporting a pupil
or pupils to an adjoining school district within the State; and
(b) If any are incurred in transporting a pupil
or pupils to an adjoining state, as provided by the agreement.
3. In addition to the provisions for the
payment of tuition and transportation costs for pupils admitted to an adjoining
school district as provided in subsection 2, the agreement may contain
provisions for the payment of reasonable amounts of money to defray the cost of
operation, maintenance and depreciation of capital improvements which can be
allocated to such pupils.
[360:32:1956]—(NRS A 1957, 300; 1959, 807; 1961, 40;
1965, 100; 1979,
1613; 1981,
842; 1989,
1979; 1993,
2306; 1997,
428; 2001,
3162; 2007,
803)
NRS 392.015 Admission of pupil from Indian reservation in school nearest
pupil’s residence; reimbursement for additional costs of transportation;
exceptions.
1. The board of trustees of a school
district shall, upon application, allow any pupil who resides on an Indian
reservation located in two or more counties to attend the school nearest to the
pupil’s residence, without regard to the school district in which the pupil’s
residence is located. For the purposes of apportionment of money, if such a
pupil attends a school outside the county in which the pupil resides, the pupil
must be counted as being enrolled in the district in which he or she attends
school.
2. A pupil who is allowed to attend a
school outside the school district in which the pupil’s residence is located
pursuant to this section must remain in that school for the full school year.
3. The school district which pays the
additional costs of transporting a pupil pursuant to this section to a school
outside the school district in which the pupil’s residence is located is
entitled to be reimbursed for those costs. Such additional costs must be paid
from the State Distributive School Account in the State General Fund.
4. The provisions of this section do not
apply to a pupil who:
(a) Is ineligible to attend public school
pursuant to NRS 392.4675; or
(b) Resides on an Indian reservation pursuant to
an order issued by a court of competent jurisdiction in another state adjudging
the pupil to be delinquent and committing him or her to the custody of a public
or private institution or agency in this state.
(Added to NRS by 1989, 1978; A 1993, 2307)
NRS 392.016 Admission of pupil with lawfully issued fictitious address.
1. If a pupil has been issued a fictitious
address pursuant to NRS 217.462 to 217.471, inclusive, or the parent or legal
guardian with whom the pupil resides has been issued a fictitious address
pursuant to NRS 217.462 to 217.471, inclusive, the pupil may attend a
public school that is located in a school district other than the school
district in which the pupil resides.
2. If a pupil described in subsection 1
attends a public school that is located in a school district other than the
school district in which the pupil resides:
(a) The pupil must be included in the count of
pupils of the school district in which the pupil attends school for the
purposes of apportionments and allowances from the State Distributive School
Account pursuant to NRS 387.121 to 387.126, inclusive.
(b) Neither the board of trustees of the school
district in which the pupil attends school nor the board of trustees of the
school district in which the pupil resides is required to provide
transportation for the pupil to attend the public school.
3. The provisions of this section do not
apply to a pupil who is ineligible to attend a public school pursuant to NRS 392.264 or 392.4675.
(Added to NRS by 2005, 98)
NRS 392.017 Regulations concerning school choice for pupils enrolled in
persistently dangerous school and for pupils who are victims of violent offense
while at school. The State Board
shall adopt regulations to carry out the provisions of 20 U.S.C. § 7912
concerning the choice that must be offered to a pupil to attend another public
school, including, without limitation, a charter school, if the pupil is
enrolled in a persistently dangerous school or is the victim of a violent
offense while at school or on the grounds of the school in which the pupil is
enrolled. The regulations must include the criteria for identifying a school as
persistently dangerous.
(Added to NRS by 2003, 19th
Special Session, 79)
NRS 392.018 Written notice of certain courses, services and educational
programs available to pupils within school district; posting at public schools;
availability to parents.
1. The board of trustees of each school
district shall prepare a written notice which identifies all the advanced
placement courses, honors courses, international baccalaureate courses, special
education services, gifted and talented programs and any other educational
programs available to pupils enrolled in the school district, including,
without limitation, to the extent information is available, programs offered by
charter schools within the school district, which will assist in the
advancement of the education of those pupils. The notice must:
(a) Specify where those courses, services and
programs are available within the school district;
(b) Identify the grade level of pupils for which
those courses, services and programs are available; and
(c) Be posted on the Internet website maintained
by the school district.
2. Each public school shall:
(a) Prepare a written notice which identifies the
courses, services and programs identified pursuant to subsection 1 that are
available at that public school;
(b) Post in one or more conspicuous places at the
school a notice indicating the availability and location of a complete list of
the courses, services and programs:
(1) Available within the school district,
as identified pursuant to subsection 1; and
(2) Available at that public school, as
identified pursuant to paragraph (a); and
(c) Ensure that the notices prepared pursuant to
this section are made available to the parents and legal guardians of pupils
enrolled in the school:
(1) At the beginning of each school year
or upon a pupil’s enrollment in public school, as applicable, including,
without limitation, at meetings of parent organizations at the school and by
distribution with other information that is sent home with pupils.
(2) At parent-teacher conferences.
3. The notices prepared pursuant to
subsection 1 and paragraph (a) of subsection 2 must be made available in such
languages as the board of trustees of the school district deems necessary.
(Added to NRS by 2009, 1314)
NRS 392.019 Payment of tutoring or other educational services for child who
is employed to work in entertainment industry.
1. Except as otherwise provided in this
subsection, if a child is exempt from compulsory attendance pursuant to NRS 392.070 or 392.110,
and the child is employed to work in the entertainment industry pursuant to a
written contract for a period of more than 91 school days, or its equivalent if
the child resides in a school district operating under an alternative schedule
authorized pursuant to NRS 388.090,
including, without limitation, employment with a motion picture company or
employment with a production company hired by a casino or resort hotel, the
entity that employs the child shall, upon the request of the parent or legal
guardian of the child, pay the costs for the child to receive at least 3 hours
of tutoring per day for at least 5 days per week. In lieu of tutoring, the
parent or legal guardian of such a child may agree with the entity that employs
the child that the entity will pay the costs for the child to receive other
educational or instructional services which are equivalent to tutoring. The
provisions of this subsection apply during the period of a child’s employment
with an entity, regardless of whether the child has obtained the appropriate
exemption from compulsory attendance at the time his or her contract with the
entity is under negotiation.
2. If such a child is exempt from
compulsory attendance pursuant to NRS 392.110, the
tutoring or other educational or instructional services received by the child
pursuant to subsection 1 must be approved by the board of trustees of the
school district in which the child resides.
(Added to NRS by 2001, 1423; A 2003, 3217; 2011, 648)
NRS 392.025 Grade given to pupil by teacher: Restriction on change by board
of trustees. The board of trustees
of a school district shall not change the grade given to a pupil by a teacher
unless the school district has established and followed a procedure that allows
the teacher an opportunity to substantiate the grade that was given.
(Added to NRS by 1989, 1103)
NRS 392.029 Compliance with federal law governing access and confidentiality
of education records and elicitation of information concerning pupils; written
notice of rights to parents and guardians required.
1. If a parent or legal guardian of a
pupil requests the education records of the pupil, a public school shall comply
with the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.
2. If a parent or legal guardian of a
pupil reviews the education records of the pupil and requests an amendment or other
change to the education records, a public school shall comply with the
provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.
3. Except as otherwise provided in 20
U.S.C. § 1232g(b), a public school shall not release the education records of a
pupil to a person, agency or organization without the written consent of the
parent or legal guardian of the pupil.
4. If a public school administers a
program which includes a survey, analysis or evaluation that is designed to
elicit the information described in 20 U.S.C. § 1232h, it must comply with the
provisions of that section.
5. A right accorded to a parent or legal
guardian of a pupil pursuant to the provisions of this section devolves upon
the pupil on the date on which the pupil attains the age of 18 years.
6. A public school shall, at least
annually, provide to each pupil who is at least 18 years of age and to a parent
or legal guardian of each pupil who is not at least 18 years of age, written
notice of his or her rights pursuant to this section.
7. The provisions of this section:
(a) Are intended to ensure that each public
school complies with the provisions of 20 U.S.C. §§ 1232g and 1232h;
(b) Must, to the extent possible, be construed in
a manner that is consistent with 20 U.S.C. §§ 1232g and 1232h, and the
regulations adopted pursuant thereto;
(c) Apply to a public school regardless of
whether the school receives money from the Federal Government; and
(d) Do not impair any right, obligation or
prohibition established pursuant to chapter
432B of NRS.
8. The State Board may adopt such
regulations as are necessary to ensure that public schools comply with the
provisions of this section.
9. As used in this section, unless the
context otherwise requires, “education records” has the meaning ascribed to it
in 20 U.S.C. § 1232g(a)(4).
(Added to NRS by 1997, 2528)
NRS 392.033 Regulations prescribing requirements for promotion to high
school; effect of failure to comply; evaluation of course of study or credits
of pupil who transfers from junior high or middle school; placement on academic
probation; enrollment of homeschooled children in high school.
1. The State Board shall adopt regulations
which prescribe the courses of study required for promotion to high school,
including, without limitation, English, mathematics, science and social
studies. The regulations may include the credits to be earned in each course.
2. Except as otherwise provided in
subsection 4, the board of trustees of a school district shall not promote a
pupil to high school if the pupil does not complete the course of study or
credits required for promotion. The board of trustees of the school district in
which the pupil is enrolled may provide programs of remedial study to complete
the courses of study required for promotion to high school.
3. The board of trustees of each school
district shall adopt a procedure for evaluating the course of study or credits
completed by a pupil who transfers to a junior high or middle school from a
junior high or middle school in this State or from a school outside of this
State.
4. The board of trustees of each school
district shall adopt a policy that allows a pupil who has not completed the
courses of study or credits required for promotion to high school to be placed
on academic probation and to enroll in high school. A pupil who is on academic
probation pursuant to this subsection shall complete appropriate remediation in
the subject areas that the pupil failed to pass. The policy must include the
criteria for eligibility of a pupil to be placed on academic probation. A
parent or guardian may elect not to place his or her child on academic
probation but to remain in grade 8.
5. A homeschooled child who enrolls in a
public high school shall, upon initial enrollment:
(a) Provide documentation sufficient to prove
that the child has successfully completed the courses of study required for
promotion to high school through an accredited program of homeschool study
recognized by the board of trustees of the school district;
(b) Demonstrate proficiency in the courses of
study required for promotion to high school through an examination prescribed
by the board of trustees of the school district; or
(c) Provide other proof satisfactory to the board
of trustees of the school district demonstrating competency in the courses of
study required for promotion to high school.
(Added to NRS by 1997, 2488; A 2007, 1080, 1964, 3035)
NRS 392.035 Formula for determining mobility of pupils in school; Department
to distribute form for submitting information necessary to formula.
1. In determining the mobility of pupils
in a school, for any purpose, the Department shall divide the sum of the
following numbers by the cumulative enrollment in the school:
(a) The number of late entries or transfers into
a school from another school, school district or state, after the beginning of
the school year;
(b) The number of pupils reentering the school
after having withdrawn from the same school; and
(c) The number of pupils who withdraw for any
reason or who are dropped for nonattendance.
2. To determine the cumulative enrollment
of the school pursuant to subsection 1, the Department shall add the total
number of pupils enrolled in programs of instruction in the school who are
included in the count for apportionment purposes pursuant to paragraphs (a) to
(d), inclusive, (f) and (g) of subsection 1 of NRS 387.123 and the number of pupils
included in paragraphs (a) and (b) of subsection 1.
3. The Department shall develop and
distribute to the county school districts a form upon which the information
necessary to the formula may be submitted by the individual schools.
(Added to NRS by 1995, 1674; A 1999, 3316; 2001, 3163)
ATTENDANCE
Compulsory and Excused Attendance; Retention
NRS 392.040 Attendance required for child between 7 and 18 years of age;
minimum age required for kindergarten and first grade; waiver from attendance
available for child 6 years of age; developmental screening test required to
determine placement; effect of military transfer of parent of child.
1. Except as otherwise provided by law,
each parent, custodial parent, guardian or other person in the State of Nevada
having control or charge of any child between the ages of 7 and 18 years shall
send the child to a public school during all the time the public school is in
session in the school district in which the child resides unless the child has
graduated from high school.
2. A child who is 5 years of age on or
before September 30 of a school year may be admitted to kindergarten at the
beginning of that school year, and the child’s enrollment must be counted for
purposes of apportionment. If a child is not 5 years of age on or before
September 30 of a school year, the child must not be admitted to kindergarten.
3. Except as otherwise provided in
subsection 4, a child who is 6 years of age on or before September 30 of a
school year must:
(a) If the child has not completed kindergarten,
be admitted to kindergarten at the beginning of that school year; or
(b) If the child has completed kindergarten, be
admitted to the first grade at the beginning of that school year,
Ê and the
child’s enrollment must be counted for purposes of apportionment. If a child is
not 6 years of age on or before September 30 of a school year, the child must
not be admitted to the first grade until the beginning of the school year
following the child’s sixth birthday.
4. The parents, custodial parent, guardian
or other person within the State of Nevada having control or charge of a child
who is 6 years of age on or before September 30 of a school year may elect for
the child not to attend kindergarten or the first grade during that year. The
parents, custodial parent, guardian or other person who makes such an election
shall file with the board of trustees of the appropriate school district a
waiver in a form prescribed by the board.
5. Whenever a child who is 6 years of age
is enrolled in a public school, each parent, custodial parent, guardian or
other person in the State of Nevada having control or charge of the child shall
send the child to the public school during all the time the school is in
session. If the board of trustees of a school district has adopted a policy
prescribing a minimum number of days of attendance for pupils enrolled in
kindergarten or first grade pursuant to NRS 392.122,
the school district shall provide to each parent and legal guardian of a pupil
who elects to enroll his or her child in kindergarten or first grade a written
document containing a copy of that policy and a copy of the policy of the
school district concerning the withdrawal of pupils from kindergarten or first
grade. Before the child’s first day of attendance at a school, the parent or
legal guardian shall sign a statement on a form provided by the school district
acknowledging that he or she has read and understands the policy concerning
attendance and the policy concerning withdrawal of pupils from kindergarten or
first grade. The parent or legal guardian shall comply with the applicable
requirements for attendance. This requirement for attendance does not apply to any
child under the age of 7 years who has not yet been enrolled or has been
formally withdrawn from enrollment in public school.
6. A child who is 7 years of age on or
before September 30 of a school year must:
(a) If the child has completed kindergarten and
the first grade, be admitted to the second grade.
(b) If the child has completed kindergarten, be
admitted to the first grade.
(c) If the parents, custodial parent, guardian or
other person in the State of Nevada having control or charge of the child
waived the child’s attendance from kindergarten pursuant to subsection 4,
undergo an assessment by the district pursuant to subsection 7 to determine
whether the child is prepared developmentally to be admitted to the first
grade. If the district determines that the child is prepared developmentally,
the child must be admitted to the first grade. If the district determines that
the child is not so prepared, he or she must be admitted to kindergarten.
Ê The
enrollment of any child pursuant to this subsection must be counted for
apportionment purposes.
7. Each school district shall prepare and
administer before the beginning of each school year a developmental screening
test to a child:
(a) Who is 7 years of age on or before September
30 of the next school year; and
(b) Whose parents waived the child’s attendance
from kindergarten pursuant to subsection 4,
Ê to determine
whether the child is prepared developmentally to be admitted to the first
grade. The results of the test must be made available to the parents, custodial
parent, guardian or other person within the State of Nevada having control or
charge of the child.
8. Except as otherwise provided in
subsection 9, a child who becomes a resident of this State after completing
kindergarten or beginning first grade in another state in accordance with the
laws of that state may be admitted to the grade the child was attending or
would be attending had he or she remained a resident of the other state
regardless of his or her age, unless the board of trustees of the school
district determines that the requirements of this section are being
deliberately circumvented.
9. Pursuant to the provisions of NRS 392C.010, a child who transfers to a
school in this State from a school outside this State because of the military
transfer of the parent or legal guardian of the child must be admitted to:
(a) The grade, other than kindergarten, the child
was attending or would be attending had he or she remained a resident of the
other state, regardless of the child’s age.
(b) Kindergarten, if the child was enrolled in
kindergarten in another state in accordance with the laws of that state,
regardless of the child’s age.
10. As used in this section,
“kindergarten” includes:
(a) A kindergarten established by the board of
trustees of a school district pursuant to NRS
388.060;
(b) A kindergarten established by the governing
body of a charter school; and
(c) An authorized program of instruction for
kindergarten offered in a child’s home pursuant to NRS 388.060.
[363:32:1956]—(NRS A 1957, 304; 1971, 170; 1975, 49; 1979, 818; 1989, 217; 1997, 1724; 2001, 3163; 2005, 520; 2007, 1080, 2179; 2009, 2620)
NRS 392.050 Attendance excused for physical or medical condition; excused
child with disability qualifies for free appropriate public education.
1. A child must be excused from attendance
required by the provisions of NRS 392.040 when
satisfactory written evidence is presented to the board of trustees of the
school district in which the child resides that the child’s physical or mental
condition is such as to prevent or render inadvisable the child’s attendance at
school or his or her application to study.
2. A certificate in writing from any
qualified physician acting within his or her authorized scope of practice,
filed with the board of trustees immediately after its receipt, stating that
the child is not able to attend school or that the child’s attendance is
inadvisable must be taken as satisfactory evidence by the board of trustees.
3. A board of trustees of a school
district which has excused from attendance pursuant to subsection 1 a child
who, pursuant to NRS 388.440, qualifies
as a pupil with a disability, shall make available to the child a free
appropriate public education in compliance with the Individuals with
Disabilities Education Act (20 U.S.C. §§ 1400 et seq.), as that act existed on
July 1, 1995.
[364:32:1956]—(NRS A 1995, 260)
NRS 392.060 Attendance excused upon completion of 12 grades of elementary
and high school. Attendance
required by the provisions of NRS 392.040 shall be
excused when satisfactory written evidence is presented to the board of
trustees of the school district in which the child resides that the child has
already completed the 12 grades of the elementary and high school courses.
[365:32:1956]
NRS 392.070 Attendance excused for children in private school or homeschool;
participation of private school children and homeschooled children in classes
and extracurricular activities.
1. Attendance of a child required by the
provisions of NRS 392.040 must be excused when:
(a) The child is enrolled in a private school
pursuant to chapter 394 of NRS; or
(b) A parent of the child chooses to provide
education to the child and files a notice of intent to homeschool the child
with the superintendent of schools of the school district in which the child
resides in accordance with NRS 392.700.
2. The board of trustees of each school
district shall provide programs of special education and related services for
homeschooled children. The programs of special education and related services
required by this section must be made available:
(a) Only if a child would otherwise be eligible
for participation in programs of special education and related services
pursuant to NRS 388.440 to 388.520, inclusive;
(b) In the same manner that the board of trustees
provides, as required by 20 U.S.C. § 1412, for the participation of pupils with
disabilities who are enrolled in private schools within the school district
voluntarily by their parents or legal guardians; and
(c) In accordance with the same requirements set
forth in 20 U.S.C. § 1412 which relate to the participation of pupils with
disabilities who are enrolled in private schools within the school district
voluntarily by their parents or legal guardians.
3. Except as otherwise provided in
subsection 2 for programs of special education and related services, upon the
request of a parent or legal guardian of a child who is enrolled in a private
school or a parent or legal guardian of a homeschooled child, the board of
trustees of the school district in which the child resides shall authorize the
child to participate in any classes and extracurricular activities, excluding
sports, at a public school within the school district if:
(a) Space for the child in the class or
extracurricular activity is available;
(b) The parent or legal guardian demonstrates to
the satisfaction of the board of trustees that the child is qualified to
participate in the class or extracurricular activity; and
(c) If the child is a homeschooled child, a
notice of intent of a homeschooled child to participate in programs and
activities is filed for the child with the school district for the current
school year pursuant to NRS 392.705.
Ê If the board
of trustees of a school district authorizes a child to participate in a class
or extracurricular activity, excluding sports, pursuant to this subsection, the
board of trustees is not required to provide transportation for the child to
attend the class or activity. A homeschooled child must be allowed to
participate in interscholastic activities and events governed by the Nevada
Interscholastic Activities Association pursuant to NRS 386.420 to 386.470, inclusive, and interscholastic
activities and events, including sports, pursuant to subsection 5.
4. The board of trustees of a school
district may revoke its approval for a pupil to participate in a class or
extracurricular activity at a public school pursuant to subsection 3 if the
board of trustees or the public school determines that the pupil has failed to
comply with applicable statutes, or applicable rules and regulations of the
board of trustees. If the board of trustees revokes its approval, neither the
board of trustees nor the public school is liable for any damages relating to
the denial of services to the pupil.
5. In addition to those interscholastic
activities and events governed by the Nevada Interscholastic Activities
Association pursuant to NRS 386.420 to 386.470, inclusive, a homeschooled child
must be allowed to participate in interscholastic activities and events,
including sports, if a notice of intent of a homeschooled child to participate
in programs and activities is filed for the child with the school district for
the current school year pursuant to NRS 392.705. A
homeschooled child who participates in interscholastic activities and events at
a public school pursuant to this subsection must participate within the school
district of the child’s residence through the public school which the child is
otherwise zoned to attend. Any rules or regulations that apply to pupils
enrolled in public schools who participate in interscholastic activities and
events, including sports, apply in the same manner to homeschooled children who
participate in interscholastic activities and events, including, without
limitation, provisions governing:
(a) Eligibility and qualifications for
participation;
(b) Fees for participation;
(c) Insurance;
(d) Transportation;
(e) Requirements of physical examination;
(f) Responsibilities of participants;
(g) Schedules of events;
(h) Safety and welfare of participants;
(i) Eligibility for awards, trophies and medals;
(j) Conduct of behavior and performance of
participants; and
(k) Disciplinary procedures.
6. If a homeschooled child participates in
interscholastic activities and events pursuant to subsection 5:
(a) No challenge may be brought by the
Association, a school district, a public school or a private school, a parent
or guardian of a pupil enrolled in a public school or a private school, a pupil
enrolled in a public school or a private school, or any other entity or person
claiming that an interscholastic activity or event is invalid because the
homeschooled child is allowed to participate.
(b) Neither the school district nor a public
school may prescribe any regulations, rules, policies, procedures or
requirements governing the eligibility or participation of the homeschooled
child that are more restrictive than the provisions governing the eligibility
and participation of pupils enrolled in public schools.
7. The programs of special education and
related services required by subsection 2 may be offered at a public school or
another location that is appropriate.
8. The board of trustees of a school
district:
(a) May, before providing programs of special
education and related services to a homeschooled child pursuant to subsection
2, require proof of the identity of the child, including, without limitation,
the birth certificate of the child or other documentation sufficient to
establish the identity of the child.
(b) May, before authorizing a homeschooled child
to participate in a class or extracurricular activity, excluding sports,
pursuant to subsection 3, require proof of the identity of the child,
including, without limitation, the birth certificate of the child or other
documentation sufficient to establish the identity of the child.
(c) Shall, before allowing a homeschooled child
to participate in interscholastic activities and events governed by the Nevada
Interscholastic Activities Association pursuant to NRS 386.420 to 386.470, inclusive, and interscholastic
activities and events pursuant to subsection 5, require proof of the identity
of the child, including, without limitation, the birth certificate of the child
or other documentation sufficient to establish the identity of the child.
9. The Department shall adopt such
regulations as are necessary for the boards of trustees of school districts to
provide the programs of special education and related services required by
subsection 2.
10. As used in this section, “related
services” has the meaning ascribed to it in 20 U.S.C. § 1401.
[366:32:1956]—(NRS A 1999, 3316; 2003, 2961; 2005, 2825; 2007, 3035)
NRS 392.075 Attendance excused if permission granted to take high school
equivalency assessment. Attendance
required by the provisions of NRS 392.040 must be
excused if a child has obtained permission to take the high school equivalency
assessment pursuant to NRS 385.448.
(Added to NRS by 2001, 1493; A 2013, 3283)
NRS 392.080 Attendance excused for distant residence from nearest school. Attendance required by the provisions of NRS 392.040 shall be excused when the Superintendent
of Public Instruction has determined that the child’s residence is located at
such distance from the nearest public school as to render attendance unsafe or
impractical, and the child’s parent or guardian has notified the board of
trustees to that effect in writing.
[367:32:1956]—(NRS A 1959, 808; 1979, 1613)
NRS 392.110 Attendance excused for child between 15 and 18 years of age who
has completed eighth grade to enter employment or apprenticeship; written
permit required.
1. Any child between the ages of 15 and 18
years who has completed the work of the first eight grades may be excused from
full-time school attendance and may be permitted to enter proper employment or
apprenticeship, by the written authority of the board of trustees excusing the
child from such attendance. The board’s written authority must state the reason
or reasons for such excuse.
2. In all such cases, no employer or other
person shall employ or contract for the services or time of such child until
the child presents a written permit therefor from the attendance officer or
board of trustees. The permit must be kept on file by the employer and, upon
the termination of employment, must be returned by the employer to the board of
trustees or other authority issuing it.
[370:32:1956]—(NRS A 1957, 304; 1979, 1614; 2007, 1082, 2181; 2011, 649)
NRS 392.118 Accounting of attendance and tardiness on report cards of
pupils. The board of trustees of
each school district shall adopt rules that require each public school in the
district to include the accounting of attendance and, if feasible, tardiness of
a pupil on each report card or other report of progress of the pupil. The
report card or other report of progress must indicate the number of absences,
if any, for the period covered by the report card or other report of progress.
(Added to NRS by 1997, 2834)
NRS 392.122 Minimum attendance requirements; school district authorized to
exempt medical absences from requirements; notice and opportunity for parent to
review absences before credit or promotion is denied; information to parents
concerning duty to comply.
1. The board of trustees of each school
district shall prescribe a minimum number of days that a pupil who is subject
to compulsory attendance and enrolled in a school in the district must be in
attendance for the pupil to obtain credit or to be promoted to the next higher
grade. The board of trustees of a school district may adopt a policy
prescribing a minimum number of days that a pupil who is enrolled in
kindergarten or first grade in the school district must be in attendance for
the pupil to obtain credit or to be promoted to the next higher grade.
2. For the purposes of this section, the
days on which a pupil is not in attendance because the pupil is absent for up
to 10 days within 1 school year with the approval of the teacher or principal
of the school pursuant to NRS 392.130, must be
credited towards the required days of attendance if the pupil has completed
course-work requirements. The teacher or principal of the school may approve
the absence of a pupil for deployment activities of the parent or legal
guardian of the pupil, as defined in NRS
392C.010. If the board of trustees of a school district has adopted a
policy pursuant to subsection 5, the 10-day limitation on absences does not
apply to absences that are excused pursuant to that policy.
3. Except as otherwise provided in
subsection 5, before a pupil is denied credit or promotion to the next higher
grade for failure to comply with the attendance requirements prescribed
pursuant to subsection 1, the principal of the school in which the pupil is
enrolled or the principal’s designee shall provide written notice of the
intended denial to the parent or legal guardian of the pupil. The notice must
include a statement indicating that the pupil and the pupil’s parent or legal
guardian may request a review of the absences of the pupil and a statement of
the procedure for requesting such a review. Upon the request for a review by
the pupil and the pupil’s parent or legal guardian, the principal or the
principal’s designee shall review the reason for each absence of the pupil upon
which the intended denial of credit or promotion is based. After the review,
the principal or the principal’s designee shall credit towards the required
days of attendance each day of absence for which:
(a) There is evidence or a written affirmation by
the parent or legal guardian of the pupil that the pupil was physically or
mentally unable to attend school on the day of the absence; and
(b) The pupil has completed course-work
requirements.
4. A pupil and the pupil’s parent or legal
guardian may appeal a decision of a principal or the principal’s designee
pursuant to subsection 3 to the board of trustees of the school district in
which the pupil is enrolled.
5. The board of trustees of a school
district may adopt a policy to exempt pupils who are physically or mentally
unable to attend school from the limitations on absences set forth in
subsection 1. If a board of trustees adopts a policy pursuant to this
subsection:
(a) A pupil who receives an exemption pursuant to
this subsection is not exempt from the minimum number of days of attendance
prescribed pursuant to subsection 1.
(b) The days on which a pupil is physically or
mentally unable to attend school must be credited towards the required days of
attendance if the pupil has completed course-work requirements.
(c) The procedure for review of absences set
forth in subsection 3 does not apply to days on which the pupil is absent
because the pupil is physically or mentally unable to attend school.
6. A school shall inform the parents or
legal guardian of each pupil who is enrolled in the school that the parents or
legal guardian and the pupil are required to comply with the provisions
governing the attendance and truancy of pupils set forth in NRS 392.040 to 392.160,
inclusive, and any other rules concerning attendance and truancy adopted by the
board of trustees of the school district.
(Added to NRS by 1997, 2488; A 1999, 3454; 2003, 1341; 2005, 94, 521; 2009, 2622)
NRS 392.123 Written statement verifying pupil’s compliance with minimum
attendance requirements or determination of existence of hardship and best
interests of pupil or pupil’s family; submission of written statement or
determination with application for driver’s license; boards of trustees to
prescribe standard form.
1. The principal of a public school or a
designee of the principal shall, upon written request by a pupil who is between
the ages of 14 and 18 years and who is enrolled in the school, provide the
pupil a written statement signed by the principal or the designee:
(a) Verifying that the pupil has complied with
the minimum attendance requirements established by the board of trustees of the
school district pursuant to NRS 392.122; or
(b) If the pupil does not satisfy the
requirements of paragraph (a), indicating that the principal or the designee
has determined that a hardship exists and it would be in the best interests of
the pupil or his or her family for the pupil to be allowed to drive if the
pupil otherwise satisfies the requirements of NRS 483.2521, 483.267 or 483.270, as applicable.
2. The principal of a public school or a
designee of the principal shall not provide a written statement pursuant to
subsection 1 unless the pupil satisfies the requirements of paragraph (a) of
subsection 1 or the principal determines a hardship exists pursuant to
paragraph (b) of subsection 1.
3. The written statement provided to the
pupil pursuant to subsection 1 may be used for the purposes of submitting
materials that must accompany an application for a driver’s license pursuant to
NRS 483.2521 or an application for a
restricted license pursuant to NRS 483.267
and 483.270.
4. The board of trustees of each school
district shall prescribe a standard form for use by the principals employed by
the school district and their designees pursuant to this section.
(Added to NRS by 2013, 2458)
NRS 392.125 Retention of pupil in same grade: Requirements; limitation;
exception for charter schools.
1. Except as otherwise provided in
subsection 4, before any pupil enrolled in a public school may be retained in
the same grade rather than promoted to the next higher grade for the succeeding
school year, the pupil’s teacher and principal must make a reasonable effort to
arrange a meeting and to meet with the pupil’s parents or guardian to discuss
the reasons and circumstances.
2. The teacher and the principal in joint
agreement have the final authority to retain a pupil in the same grade for the
succeeding school year.
3. Except as otherwise provided in
subsection 2 of NRS 392.033 for the promotion of a
pupil to high school, no pupil may be retained more than one time in the same
grade.
4. This section does not apply to the
academic retention of pupils who are enrolled in a charter school.
(Added to NRS by 1979, 818; A 1981, 871; 1997, 1873; 2003, 2519)
Advisory Boards to Review School Attendance; Absence and
Truancy; Administrative Sanctions
NRS 392.126 Creation of advisory board in each county; membership; terms;
compensation.
1. There is hereby created in each county
at least one advisory board to review school attendance. The membership of each
such board may consist of:
(a) One probation officer in the county who works
on cases relating to juveniles, appointed by the judge or judges of the
juvenile court of the county;
(b) One representative of a law enforcement
agency in the county who works on cases relating to juveniles, appointed by the
judge or judges of the juvenile court of the county;
(c) One representative of the district attorney
for the county, appointed by the district attorney;
(d) One parent or legal guardian of a pupil who
is enrolled in a public school in the county, or his or her designee or
alternate who is also a parent or legal guardian, appointed by the president of
the board of trustees of the school district;
(e) One member of the board of trustees of the
school district, appointed by the president of the board of trustees;
(f) One school counselor or school teacher
employed by the school district, appointed by an organization or association
that represents licensed educational personnel in the school district;
(g) One deputy sheriff in the county, appointed
by the sheriff of the county; and
(h) One representative of the agency which
provides child welfare services, as defined in NRS 432B.030.
2. The members of each such board shall
elect a chair from among their membership.
3. Each member of such a board must be
appointed for a term of 2 years. A vacancy in the membership of the board must
be filled in the same manner as the original appointment for the remainder of
the unexpired term.
4. Each member of such a board serves
without compensation, except that, for each day or portion of a day during
which a member of the board attends a meeting of the board or is otherwise
engaged in the business of the board, the member is entitled to receive the per
diem allowance and travel expenses provided for state officers and employees generally.
The board of trustees of the school district shall pay the per diem allowance
and travel expenses from the general fund of the school district.
(Added to NRS by 1997, 2834; A 1999, 3455; 2001
Special Session, 21)
NRS 392.127 Administrative support to advisory boards. The board of trustees of each school district
shall provide administrative support to each advisory board to review school
attendance created in its county pursuant to NRS
392.126.
(Added to NRS by 1997, 2834; A 1999, 3455; 2007, 1816; 2013, 2040)
NRS 392.128 Duties of advisory boards; division into subcommittees;
provision of assistance in conjunction with community service providers; use
and accounting of available money by advisory board.
1. Each advisory board to review school
attendance created pursuant to NRS 392.126 shall:
(a) Review the records of the attendance and
truancy of pupils submitted to the advisory board to review school attendance
by the board of trustees of the school district or the State Public Charter
School Authority or a college or university within the Nevada System of Higher
Education that sponsors a charter school pursuant to subsection 2 of NRS 385.3481;
(b) Identify factors that contribute to the
truancy of pupils in the school district;
(c) Establish programs to reduce the truancy of
pupils in the school district, including, without limitation, the coordination
of services available in the community to assist with the intervention,
diversion and discipline of pupils who are truant;
(d) At least annually, evaluate the effectiveness
of those programs;
(e) Establish a procedure for schools and school
districts for the reporting of the status of pupils as habitual truants; and
(f) Inform the parents and legal guardians of the
pupils who are enrolled in the schools within the district of the policies and
procedures adopted pursuant to the provisions of this section.
2. The chair of an advisory board may divide
the advisory board into subcommittees. The advisory board may delegate one or
more of the duties of the advisory board to a subcommittee of the advisory
board, including, without limitation, holding hearings pursuant to NRS 392.147. If the chair of an advisory board divides
the advisory board into subcommittees, the chair shall notify the board of
trustees of the school district of this action. Upon receipt of such a notice,
the board of trustees shall establish rules and procedures for each such
subcommittee. A subcommittee shall abide by the applicable rules and procedures
when it takes action or makes decisions.
3. An advisory board to review school
attendance may work with a family resource center or other provider of
community services to provide assistance to pupils who are truant. The advisory
board shall identify areas within the school district in which community
services are not available to assist pupils who are truant. As used in this
subsection, “family resource center” has the meaning ascribed to it in NRS 430A.040.
4. An advisory board to review school
attendance created in a county pursuant to NRS 392.126
may use money appropriated by the Legislature and any other money made
available to the advisory board for the use of programs to reduce the truancy
of pupils in the school district. The advisory board to review school
attendance shall, on a quarterly basis, provide to the board of trustees of the
school district an accounting of the money used by the advisory board to review
school attendance to reduce the truancy of pupils in the school district.
(Added to NRS by 1997, 2835; A 1999, 2670, 3455; 2001, 248; 2003, 19th
Special Session, 79; 2007, 1817; 2011, 2377)
NRS 392.129 Establishment of school attendance councils; membership; duties;
annual report. Repealed. (See
chapter 379, Statutes of Nevada 2013, at page 2042.)
NRS 392.130 Conditions under which pupil deemed truant; approval required
for absence; notice of unapproved absence to parent; applicability.
1. Within the meaning of this chapter, a
pupil shall be deemed a truant who is absent from school without the written
approval of the pupil’s teacher or the principal of the school, unless the
pupil is physically or mentally unable to attend school. The teacher or
principal shall give his or her written approval for a pupil to be absent if an
emergency exists or upon the request of a parent or legal guardian of the
pupil. Before a pupil may attend or otherwise participate in school activities
outside the classroom during regular classroom hours, the pupil must receive
the approval of the teacher or principal.
2. An unapproved absence for at least one
period, or the equivalent of one period for the school, of a school day may be
deemed a truancy for the purposes of this section.
3. If a pupil is physically or mentally
unable to attend school, the parent or legal guardian or other person having
control or charge of the pupil shall notify the teacher or principal of the
school orally or in writing, in accordance with the policy established by the
board of trustees of the school district, within 3 days after the pupil returns
to school.
4. An absence which has not been approved
pursuant to subsection 1 or 3 shall be deemed an unapproved absence. In the
event of an unapproved absence, the teacher, attendance officer or other school
official shall deliver or cause to be delivered a written notice of truancy to
the parent, legal guardian or other person having control or charge of the
child. The written notice must be delivered to the parent, legal guardian or
other person who has control of the child. The written notice must inform the
parents or legal guardian of such absences in a form specified by the
Department.
5. The provisions of this section apply to
all pupils who are required to attend school pursuant to NRS
392.040.
6. As used in this section, “physically or
mentally unable to attend” does not include a physical or mental condition for
which a pupil is excused pursuant to NRS 392.050.
[372:32:1956]—(NRS A 1985, 2168; 1987, 158; 1997, 2835; 1999, 3456; 2007, 1082, 2181)
NRS 392.140 Conditions under which pupil declared habitual truant;
applicability.
1. Any child who has been declared a
truant three or more times within one school year must be declared a habitual
truant.
2. Any child who has once been declared a
habitual truant and who in an immediately succeeding year is absent from school
without the written:
(a) Approval of the child’s teacher or the
principal of the school pursuant to subsection 1 of NRS
392.130; or
(b) Notice of his or her parent or legal guardian
or other person who has control or charge over the pupil pursuant to subsection
3 of NRS 392.130,
Ê may again be
declared a habitual truant.
3. The provisions of this section apply to
all pupils who are required to attend school pursuant to NRS
392.040.
[373:32:1956]—(NRS A 1997, 2836; 1999, 3457; 2007, 1083, 2182)
NRS 392.141 Applicability of provisions to pupils. The
provisions of NRS 392.144 to 392.148,
inclusive, apply to all pupils who are required to attend school pursuant to NRS 392.040.
(Added to NRS by 1999, 3452; A 2007, 1083, 2182; 2013, 2459)
NRS 392.144 Duties of school if pupil is truant; habitual truant must be
reported to attendance officer or law enforcement, referred to advisory board
or referred for imposition of administrative sanctions.
1. If a pupil has one or more unapproved
absences from school, the school in which the pupil is enrolled shall take
reasonable actions designed, as applicable, to encourage, enable or convince
the pupil to attend school.
2. If a pupil is a habitual truant
pursuant to NRS 392.140, or if a pupil who is a
habitual truant pursuant to NRS 392.140 is again
declared truant pursuant to NRS 392.130 in the same
school year after being declared a habitual truant, the principal of the school
shall:
(a) Report the pupil to an attendance officer, a
school police officer or the local law enforcement agency for investigation and
issuance of a citation, if warranted, in accordance with NRS
392.149;
(b) If the parent or legal guardian of a pupil
has signed a written consent pursuant to subsection 4, submit a written
referral of the pupil to the advisory board to review school attendance in the
county in accordance with NRS 392.146; or
(c) Refer the pupil for the imposition of
administrative sanctions in accordance with NRS 392.148.
3. The board of trustees of each school
district shall adopt criteria to determine whether the principal of a school
shall:
(a) Report a pupil to an attendance officer, a
school police officer or the law enforcement agency pursuant to paragraph (a)
of subsection 2;
(b) Refer a pupil to an advisory board to review
school attendance pursuant to paragraph (b) of subsection 2; or
(c) Refer a pupil for the imposition of
administrative sanctions pursuant to paragraph (c) of subsection 2.
4. If the principal of a school makes an
initial determination to submit a written referral of a pupil to the advisory
board to review school attendance, the principal shall notify the parent or
legal guardian of the pupil and request the parent or legal guardian to sign a
written consent that authorizes the school and, if applicable, the school
district to release the records of the pupil to the advisory board to the
extent that such release is necessary for the advisory board to carry out its
duties pursuant to NRS 392.146 and 392.147. The written consent must comply with the
applicable requirements of 20 U.S.C. § 1232g(b) and 34 C.F.R. Part 99. If the
parent or legal guardian refuses to sign the consent, the principal shall:
(a) Report the pupil to an attendance officer, a
school police officer or the local law enforcement agency pursuant to paragraph
(a) of subsection 2; or
(b) Refer the pupil for the imposition of
administrative sanctions pursuant to paragraph (c) of subsection 2.
(Added to NRS by 1999, 3452; A 2013, 1699,
2460)
NRS 392.146 Contents of written referral to advisory board; notice to
parents or guardian. A written
referral of a pupil to an advisory board to review school attendance must
include the dates on which the pupil was truant from school and all action
taken by the school to assist the pupil to attend school. The advisory board
may request clarification of any information contained in the written referral
or any additional information that the advisory board considers necessary. The
school shall provide written notice of the referral to the parents or legal
guardian of the pupil. The written notice must include, without limitation:
1. The name and address of the pupil
referred;
2. A written explanation of the reason for
the referral;
3. A summary of the provisions of NRS 392.147; and
4. The address and telephone number of the
advisory board to review school attendance.
(Added to NRS by 1999, 3452)
NRS 392.147 Hearing by advisory board; written agreement for participation
of pupil in certain programs; reporting of pupil to attendance officer or law
enforcement agency or referral for administrative sanctions under certain
circumstances; appeal by parent; confidentiality of information.
1. If an advisory board to review school
attendance receives a written referral of a pupil pursuant to NRS 392.146, the advisory board shall set a date, time
and place for a hearing. The pupil and the pupil’s parents or legal guardian
shall attend the hearing held by the advisory board. The hearing must be closed
to the public. The chair of an advisory board to review school attendance may
request that subpoenas for a hearing conducted pursuant to this section be
issued to:
(a) The parent or legal guardian of a pupil who
has been referred to the advisory board or any other person that the advisory
board considers necessary to the hearing.
(b) A pupil who has been referred to the advisory
board.
2. If a pupil and the pupil’s parents or
legal guardian do not attend the hearing, the chair of the advisory board
shall:
(a) Report the pupil to an attendance officer, a
school police officer or the appropriate local law enforcement agency for
investigation and issuance of a citation, if warranted in accordance with NRS 392.149; or
(b) Refer the pupil for the imposition of
administrative sanctions in accordance with NRS 392.148.
3. If an advisory board to review school
attendance determines that the status of a pupil as a habitual truant can be
adequately addressed through participation by the pupil in programs and
services available in the community, the advisory board shall order the pupil
to participate in such programs and services. If the pupil does not agree to
participate in such programs and services, the chair of the advisory board
shall report the pupil to an attendance officer, a school police officer or the
appropriate local law enforcement agency for investigation and issuance of a
citation, if warranted in accordance with NRS 392.149,
or refer the pupil for the imposition of administrative sanctions in accordance
with NRS 392.148. If the pupil agrees to
participate in such programs and services, the advisory board, the pupil and
the parents or legal guardian of the pupil shall enter into a written agreement
that:
(a) Sets forth the findings of the advisory
board;
(b) Sets forth the terms and conditions of the
pupil’s participation in the programs and services designated by the advisory
board; and
(c) Adequately informs the pupil and the pupil’s
parents or legal guardian that if the pupil or his or her parents or legal
guardian do not comply with the terms of the written agreement, the chair of
the advisory board is legally obligated to report the pupil to an attendance
officer, a school police officer or the appropriate local law enforcement
agency for investigation and issuance of a citation, if warranted in accordance
with NRS 392.149, or refer the pupil for the
imposition of administrative sanctions in accordance with NRS 392.148.
Ê The parents
or legal guardian of the pupil shall, upon the request of the advisory board,
provide proof satisfactory to the advisory board that the pupil is
participating in the programs and services set forth in the written agreement.
4. The chair of an advisory board to
review school attendance shall report a pupil to an attendance officer, a
school police officer or the appropriate local law enforcement agency or refer
the pupil for the imposition of administrative sanctions in accordance with NRS 392.148 if:
(a) The pupil and the pupil’s parents or legal
guardian fail to attend a hearing set by the advisory board pursuant to
subsection 1;
(b) The advisory board determines that the status
of a pupil as a habitual truant cannot be adequately addressed by requiring the
pupil to participate in programs and services available in the community;
(c) The pupil does not consent to participation
in programs and services pursuant to subsection 3; or
(d) The pupil or the pupil’s parents or legal
guardian violates the terms of the written agreement entered into pursuant to
subsection 3.
5. If the chair of an advisory board makes
a report to an attendance officer, a school police officer or the local law
enforcement agency pursuant to subsection 4, the chair shall:
(a) Submit to the attendance officer, school
police officer or law enforcement agency, as applicable, written documentation
of all efforts made by the advisory board to address the status of the pupil as
a habitual truant; and
(b) Make recommendations to the attendance
officer, school police officer or law enforcement agency, as applicable,
regarding the appropriate disposition of the case.
6. If the chair of an advisory board
refers a pupil for the imposition of administrative sanctions pursuant to
subsection 4, the chair shall:
(a) Provide written documentation of all efforts
made by the advisory board to address the status of the pupil as a habitual
truant; and
(b) Make recommendations regarding the
appropriate disposition of the case.
7. If the parents or legal guardian of a
pupil enter into a written agreement pursuant to this section, the parents or
legal guardian may appeal to the board of trustees of the school district a
determination made by the advisory board concerning the contents of the written
agreement. Upon receipt of such a request, the board of trustees of the school
district shall review the determination in accordance with the procedure
established by the board of trustees for such matters.
8. The board of trustees of each school
district shall adopt policies and rules to protect the confidentiality of the
deliberations, findings and determinations made by an advisory board and
information concerning a pupil and the family of a pupil. An advisory board
shall not disclose information concerning the records of a pupil or services
provided to a pupil or the pupil’s family unless the disclosure is specifically
authorized by statute or by the policies and rules of the board of trustees and
is necessary for the advisory board to carry out its duties.
(Added to NRS by 1999, 3453; A 2013, 1700,
2460)
NRS 392.148 Administrative sanctions against habitual truant after
investigation and hearing; suspension or delay in issuance of driver’s license;
appeal by parent or guardian.
1. Upon receipt of a report pursuant to NRS 392.144 or 392.147, a
school police officer or a person designated pursuant to subsection 6 shall
conduct an investigation, set a date for a hearing and provide a written notice
of the hearing to the parent or legal guardian of the pupil. If it appears
after investigation and a hearing that a pupil is a habitual truant, a school
police officer or a person designated pursuant to subsection 6 may issue an order
imposing the following administrative sanctions against a pupil:
(a) If it is the first time that administrative
sanctions have been issued pursuant to this section because the pupil is a
habitual truant, and the pupil is 14 years of age or older, order the
suspension of the driver’s license of the pupil for at least 30 days but not
more than 6 months. If the pupil does not possess a driver’s license, the order
must provide that the pupil is prohibited from applying for a driver’s license
for 30 days:
(1) Immediately following the date of the
order if the pupil is eligible to apply for a driver’s license; or
(2) After the date the pupil becomes
eligible to apply for a driver’s license if the pupil is not eligible to apply
for a driver’s license.
(b) If it is the second time or any subsequent
time that administrative sanctions have been issued pursuant to this section
because the pupil is a habitual truant, and the pupil is 14 years of age or
older, order the suspension of the driver’s license of the pupil for at least
60 days but not more than 1 year. If the pupil does not possess a driver’s
license, the order must provide that the pupil is prohibited from applying for
a driver’s license for 60 days immediately following:
(1) The date of the order if the pupil is
eligible to apply for a driver’s license; or
(2) The date the pupil becomes eligible to
apply for a driver’s license if the pupil is not eligible to apply for a
driver’s license.
2. If a pupil applies for a driver’s
license, the Department of Motor Vehicles shall:
(a) Notify the pupil of the provisions of this
section that authorize the suspension of the driver’s license of the pupil; and
(b) Require the pupil to sign an affidavit
acknowledging that the pupil is aware that his or her driver’s license may be
suspended pursuant to this section.
3. If an order is issued pursuant to this
section delaying the ability of the pupil to receive a driver’s license, a copy
of the order must be forwarded to the Department of Motor Vehicles not later
than 5 days after the order is issued.
4. If an order is issued pursuant to this
section suspending the driver’s license of a pupil:
(a) The pupil shall surrender his or her driver’s
license to the school police officer or the person designated pursuant to
subsection 6.
(b) Not later than 5 days after issuing the
order, the school police officer or the designated person shall forward to the
Department of Motor Vehicles a copy of the order and the driver’s license of
the pupil.
(c) The Department of Motor Vehicles:
(1) Shall report the suspension of the
driver’s license of the pupil to an insurance company or its agent inquiring
about the pupil’s driving record, but such a suspension must not be considered
for the purpose of rating or underwriting.
(2) Shall not treat the suspension in the
manner statutorily required for moving traffic violations.
(3) Shall not require the pupil to submit
to the tests and other requirements which are adopted by regulation pursuant to
subsection 1 of NRS 483.495 as a
condition of reinstatement or reissuance after the suspension of a driver’s
license.
5. The parent or legal guardian of a pupil
may request a hearing before a person designated by the board of trustees of
the school district in which the pupil is enrolled to appeal the imposition of
any administrative sanctions pursuant to this section. The person designated by
the board of trustees shall, not later than 30 days after receipt of the
request, hold a hearing to review the reason for the imposition of any
administrative sanctions. Not later than 30 days after the hearing, the person
designated by the board of trustees shall issue a written decision affirming,
denying or modifying the decision to impose administrative sanctions and mail a
copy of the decision to the parent or legal guardian of the pupil.
6. If a public school does not have a
school police officer assigned to it, the principal of the school may designate
a qualified person to carry out the requirements of this section.
(Added to NRS by 2013, 2458)
NRS 392.149 Issuance of citation to habitual truant; applicability.
1. Upon receipt of a report pursuant to NRS 392.144 or 392.147, if
it appears after investigation that a pupil is a habitual truant, the
attendance officer, school police officer or law enforcement agency to whom the
report is made shall prepare manually or electronically a citation directing
the pupil to appear in the proper juvenile court.
2. A copy of the citation must be
delivered to the pupil and to the parent, guardian or any other person who has
control or charge of the pupil by:
(a) The local law enforcement agency;
(b) A school police officer employed by the board
of trustees of the school district; or
(c) An attendance officer appointed by the board
of trustees of the school district.
3. The citation must be in the form
prescribed for misdemeanor citations in NRS
171.1773.
4. The provisions of this section apply to
all pupils who are required to attend school pursuant to NRS
392.040.
(Added to NRS by 1997, 2835; A 1999, 1144, 3457; 2007, 1083, 2182; 2013, 1701)
NRS 392.150 Appointment of attendance officer authorized; procedures to
monitor attendance and truancy; consideration of employment of attendance
clerk.
1. The board of trustees of a school
district may appoint an attendance officer for the school district, who need
not be a licensed employee of the school district, except that in any school
district where a system of classified employment is in effect, attendance
officers must be classified employees of the school district. If the board of
trustees appoints an attendance officer for the school district, the board of
trustees may:
(a) Fix the compensation of the attendance
officer;
(b) Prescribe the duties of the attendance
officer; and
(c) Adopt regulations not inconsistent with law
for the performance of the duties of the attendance officer.
2. The board of trustees of each school
district shall:
(a) Establish procedures to monitor the
attendance and truancy of pupils, including, without limitation, a standard
method for reporting the truancy of pupils and a standard method for reporting
excessive absences of pupils throughout the school district;
(b) Coordinate efforts to refer pupils who are
truant to appropriate providers of community services; and
(c) Determine, based on the attendance and
truancy of pupils at each school within the school district, whether to employ
an attendance clerk for a particular school or group of schools whose primary
responsibility is to monitor the attendance and truancy of pupils.
[374:32:1956]—(NRS A 1959, 595; 1973, 719; 1987, 1013; 2007, 1817)
NRS 392.160 Taking into custody child reported absent from school; persons
or counseling agency to whom child may be delivered.
1. Any peace officer, the attendance
officer or any other school officer shall, during school hours, take into
custody without warrant:
(a) Any child between the ages of 7 and 18 years;
and
(b) Any child who has arrived at the age of 6
years but not at the age of 7 years and is enrolled in a public school,
Ê who has been
reported to the officer by the teacher, superintendent of schools or other
school officer as an absentee from instruction upon which the child is lawfully
required to attend.
2. Except as otherwise provided in
subsection 3:
(a) During school hours, the officer having
custody shall forthwith deliver the child to the superintendent of schools,
principal or other school officer at the child’s school of attendance.
(b) After school hours, the officer having
custody shall deliver the child to the parent, guardian or other person having
control or charge of the child.
3. The board of trustees of a school
district or the governing body of a charter school may enter into an agreement
with a counseling agency to permit delivery of the child to the agency. For the
purposes of this subsection, “counseling agency” means an agency designated by
the school district in which the child is enrolled to provide counseling for
the child and the parent, guardian or other person having control or charge of
the child.
[375:32:1956]—(NRS A 1957, 305; 1979, 819, 1614; 1989, 70; 1997, 1874; 1999, 3458; 2007, 1084, 2183)
Birth Certificates and Records of Attendance; Name for
Enrollment
NRS 392.165 Documents required for permanent enrollment; name under which
child must be enrolled; notification to local law enforcement agency for
failure to furnish documents.
1. The board of trustees of a school
district and the governing body of a charter school shall not allow a child to
be permanently enrolled in any school in the district or any charter school
until the parent or guardian of the child furnishes a birth certificate or
other document suitable as proof of the child’s identity and, if applicable, a
copy of the child’s records from the school the child most recently attended.
2. Except as otherwise provided in
subsection 3, a child must be enrolled in a school under the child’s name as it
appears in the identifying document or records required by subsection 1, unless
the parent or guardian furnishes a court order or decree authorizing a change
of name or directing the board of trustees of the school district or the
governing body of a charter school to enroll the child under a name other than
the name which appears in the identifying document or records.
3. A child who is in the custody of the
agency which provides child welfare services, as defined in NRS 432B.030, may be enrolled in a
school under a name other than the name which appears in the identifying document
or records required by subsection 1 if the court determines that to do so would
be in the best interests of the child.
4. If the parent or guardian fails to
furnish the identifying document or records required by subsection 1 within 30
days after the child is conditionally enrolled, the principal, superintendent
or governing body of a charter school shall notify the local law enforcement
agency and request a determination as to whether the child has been reported as
missing.
(Added to NRS by 1985, 2168; A 1987, 212; 1993, 2691; 1997, 1874; 2001
Special Session, 21)
NRS 392.167 Petition for court order permitting enrollment of child under
name other than name appearing on birth certificate or other identifying
document. A parent or guardian who
has legal custody of a child may petition the appropriate district court for an
order directing the board of trustees of a school district or the governing
body of a charter school to enroll that child in a public school within that
district under a name other than the name which appears in the identifying
document or records required by subsection 1 of NRS
392.165. Except as otherwise provided by specific statute, the court shall
issue the order if it determines that to do so would be in the best interests
of the child.
(Added to NRS by 1987, 212; A 1993, 2307; 1997, 1875)
Enforcement and Penalties
NRS 392.170 Investigation of charges against parent, guardian or custodian
of child; written report. Upon the
written complaint of any person, the board of trustees of a school district or
the governing body of a charter school shall:
1. Make a full and impartial investigation
of all charges against parents, guardians or other persons having control or
charge of any child who is under 18 years of age and required to attend school
pursuant to NRS 392.040 for violation of any of the
provisions of NRS 392.040 to 392.110,
inclusive, or 392.130 to 392.160,
inclusive.
2. Make and file a written report of the
investigation and the findings thereof in the records of the board.
[376:32:1956]—(NRS A 1997, 1875, 2836; 1999, 490; 2007, 1084, 2183)
NRS 392.180 Criminal complaint by board of trustees of school district or
governing body of charter school. If
it appears upon investigation that any parent, guardian or other person having
control or charge of any child who is under 18 years of age and required to
attend school pursuant to NRS 392.040 has violated
any of the provisions of NRS 392.040 to 392.110, inclusive, or 392.130
to 392.160, inclusive, the clerk of the board of
trustees or the governing body of a charter school in which the child is
enrolled, except as otherwise provided in NRS 392.190,
shall make and file in the proper court a criminal complaint against the
parent, guardian or other person, charging the violation, and shall see that
the charge is prosecuted by the proper authority.
[377:32:1956]—(NRS A 1997, 1875, 2836; 1999, 490; 2007, 1084, 2183)
NRS 392.190 Criminal complaint by attendance officer. In a school district having an attendance
officer, the attendance officer shall, if directed by the board of trustees,
make and file the complaint provided for by NRS 392.180,
and shall see that the charge is prosecuted by the proper authorities.
[378:32:1956]
NRS 392.200 Criminal complaint by taxpayer, school administrator or school
officer. Any taxpayer, school
administrator, school officer or deputy school officer in the State of Nevada
may make and file in the proper court a criminal complaint against a parent,
guardian or other person who has control or charge of any child who is under 18
years of age and required to attend school pursuant to NRS
392.040 and who violates any of the provisions of law requiring the
attendance of children in the public schools of this State.
[379:32:1956]—(NRS A 1997, 2837; 2007, 1085, 2183)
NRS 392.210 Penalty for failure of parent, guardian or custodian of child to
prevent subsequent truancy; limitation for providers of foster care.
1. Except as otherwise provided in
subsection 2, a parent, guardian or other person who has control or charge of
any child and to whom notice has been given of the child’s truancy as provided
in NRS 392.130 and 392.140,
and who fails to prevent the child’s subsequent truancy within that school
year, is guilty of a misdemeanor.
2. A person who is licensed pursuant to NRS 424.030 to conduct a foster home is
liable pursuant to subsection 1 for a child in his or her foster care only if
the person has received notice of the truancy of the child as provided in NRS 392.130 and 392.140,
and negligently fails to prevent the subsequent truancy of the child within
that school year.
[380:32:1956]—(NRS A 1967, 565; 1999, 898; 2001
Special Session, 22; 2009, 1491;
2013, 1455)
NRS 392.215 False statement concerning age or attendance; false birth
certificate or record of attendance; refusal to furnish documents; penalty. Any parent, guardian or other person who, with
intent to deceive under NRS 392.040 to 392.110, inclusive, or 392.130
to 392.165, inclusive:
1. Makes a false statement concerning the
age or attendance at school;
2. Presents a false birth certificate or
record of attendance at school; or
3. Refuses to furnish a suitable
identifying document, record of attendance at school or proof of change of
name, upon request by a local law enforcement agency conducting an
investigation in response to notification pursuant to subsection 4 of NRS 392.165,
Ê of a child
under 18 years of age who is under his or her control or charge, is guilty of a
misdemeanor.
[371:32:1956]—(NRS A 1957, 304; 1967, 565; 1985, 2168; 1987, 213; 2007, 1085, 2184)
NRS 392.220 Penalty for abetting truancy; unlawful employment of child
absent from school; visitation of place of employment by school officer or
attendance clerk to verify compliance.
1. Any person, including, without
limitation, a parent or legal guardian of a child, who knowingly induces or
attempts to induce any child to be absent from school unlawfully, including,
without limitation, requiring the child to provide care for a sibling while
school is in session, or who knowingly employs or harbors, while school is in
session, any child absent unlawfully from school, is guilty of a misdemeanor.
2. The attendance officer for the school
district, an attendance clerk or any other school officer is empowered to visit
any place or establishment where minor children are employed to ascertain
whether the provisions of this title of NRS are complied with fully, and may
demand from all employers of such children a list of children employed, with
their names and ages.
[381:32:1956]—(NRS A 1967, 565; 2007, 1818)
CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT FOR SEXUAL
OFFENSE OR SEXUALLY MOTIVATED ACT
NRS 392.251 Definitions. As
used in NRS 392.251 to 392.271,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 392.254 to 392.261,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 426; A 2001, 2070)
NRS 392.254 “Notification” defined. “Notification”
means a notification which indicates that a child has been adjudicated
delinquent for a sexual offense or a sexually motivated act and which is
provided by a probation officer or parole officer pursuant to NRS 62F.120.
(Added to NRS by 1997, 426; A 2001, 2070; 2003, 1146)
NRS 392.258 “Offender” defined. “Offender”
means a child identified in a notification as the child who has been
adjudicated delinquent for a sexual offense or a sexually motivated act.
(Added to NRS by 1997, 426; A 2001, 2070)
NRS 392.2583 “Sexual offense” defined. “Sexual
offense” has the meaning ascribed to it in NRS
62F.100.
(Added to NRS by 2001, 2070; A 2003, 1146)
NRS 392.2587 “Sexually motivated act” defined. “Sexually
motivated act” has the meaning ascribed to it in NRS 62A.320.
(Added to NRS by 2001, 2070; A 2003, 1146)
NRS 392.261 “Victim” defined. “Victim”
means a child identified in a notification as a victim of a sexual offense or a
sexually motivated act committed by the offender.
(Added to NRS by 1997, 427; A 2001, 2070)
NRS 392.264 Offender prohibited from attending school victim attends without
court approval; duty of superintendent of school district to negotiate
agreement for attendance in another school district; termination of agreement.
1. If a superintendent of a school
district receives notification and a victim identified in the notification is a
pupil in the school district, the superintendent shall not permit an offender
who is subject to the provisions of NRS
62F.100 to 62F.150, inclusive, to
attend a public school that a victim is attending unless:
(a) An alternative plan of supervision is
approved by the court pursuant to NRS
62F.130; or
(b) An alternative plan of attendance is approved
by the court pursuant to NRS 62F.140.
2. If the court does not approve an
alternative plan of supervision or an alternative plan of attendance for the
offender and the school district in which the offender resides does not have
another public school in the district for the offender to attend, the
superintendent of the school district shall negotiate an agreement with:
(a) The superintendent of an adjoining school
district within this state for the offender to attend a public school in that
adjoining school district; or
(b) The superintendent, or another appropriate
administrator, of an adjoining school district in an adjoining state for the
offender to attend a public school in that adjoining school district.
3. The superintendent of the school
district in which the offender resides shall inform the person with whom the
superintendent is negotiating that the offender has been adjudicated delinquent
for a sexual offense or a sexually motivated act, but the superintendent shall
not disclose the name of a victim.
4. An agreement which is made pursuant to
this section and which is presented to a board of trustees for approval:
(a) Must not contain the name of a victim;
(b) Must comply with the provisions of
subsections 2 and 3 of NRS 392.010; and
(c) Must be approved by the Superintendent of
Public Instruction.
5. A board of trustees may terminate an
agreement entered into pursuant to this section if, because of a change in
circumstances, the offender is able to attend a public school in the school
district in which the offender resides without violating subsection 1.
(Added to NRS by 1997, 427; A 2001, 2070; 2003, 1146)
NRS 392.268 Reimbursement to school district for transportation costs
incurred to send offender to school other than school victim attends. If a school district incurs additional costs
for transporting an offender because the offender is prohibited from attending
a public school that a victim is attending, the school district is entitled to
reimbursement of all or part of those costs from the parents or guardians of
the offender to the extent ordered by the court pursuant to NRS 62F.110. The superintendent of the
school district or the parents or guardians of the offender may petition the
court to reconsider the amount of reimbursement ordered by the court.
(Added to NRS by 1997, 427; A 2003, 1147)
NRS 392.271 Confidentiality of name of victim; immunity from liability if
name released under certain circumstances.
1. A superintendent of a school district
who receives notification shall not release the name of the offender or the
name of a victim to another person unless required by law or authorized by an
order of the court.
2. A person who obtains the name of the
offender or the name of a victim pursuant to law or an order of the court shall
not release the name of the offender or the name of a victim to another person
unless required by law or authorized by an order of the court.
3. A superintendent of a school district
or a person who:
(a) Obtains the name of the offender or the name
of a victim pursuant to law or an order of the court; and
(b) In good faith, releases or fails to release
the name of the offender or the name of a victim,
Ê is immune
from criminal or civil liability for releasing or failing to release the name
of the offender or the name of a victim unless the superintendent or the person
acted with gross negligence.
(Added to NRS by 1997, 427)
TRANSPORTATION
NRS 392.300 Transportation for pupils may be furnished by trustees;
regulations.
1. As provided in this title, the board of
trustees of any school district may furnish transportation for all resident
children of school age in the school district attending a public school,
including pupils assigned to special schools or programs pursuant to NRS 388.440 to 388.520, inclusive:
(a) Who are not excused from school attendance by
the provisions of this title; and
(b) Who reside within the school district at such
a distance from the school as to make transportation necessary and desirable.
2. When the board of trustees of a school
district whose population is less than 100,000 furnishes transportation for
pupils attending public schools pursuant to subsection 1, the board may also
provide transportation for all resident children of school age in the school
district attending private schools not operated for profit, over bus routes
established for pupils attending public schools. If such transportation is
provided, the pupils attending such private schools must be transported, if
space is available, to and from the points on the established routes nearest to
the schools which they attend.
3. The board of trustees of any school
district may:
(a) Establish bus routes.
(b) Make regulations governing the conduct of
pupils while being transported.
(c) For the safety of pupils being transported,
govern the conduct of drivers by making and enforcing regulations not
inconsistent with regulations of the State Board of Education or with law.
[389:32:1956]—(NRS A 1979, 1614; 1983, 774; 1993, 2161)
NRS 392.320 Use of certain money for procuring vehicles, drivers and
insurance.
1. As used in this section, “vehicles”
means the school buses, station wagons, automobiles and other motor or
mechanically propelled vehicles required by the school district for the
transportation of pupils.
2. The board of trustees of a school
district shall use transportation funds of the school district for:
(a) The purchase, rent, hire and use of vehicles,
and for necessary equipment, supplies and articles therefor.
(b) Necessary repairs of vehicles to keep them in
safe and workable condition.
(c) The employment and compensation of capable
and reliable drivers of vehicles and other employees necessary for the
transportation of pupils and other authorized persons.
(d) Insuring vehicles owned, rented, hired, used
or operated by or under the direction or supervision of the board of trustees.
Such insurance shall:
(1) Be of such an amount as the board of
trustees may be able to obtain and the regulations of the State Board of
Education require as sufficient to protect the board of trustees, the pupils
being transported, and their parents, guardians or legal representatives from
loss or damage resulting from acts covered by the insurance.
(2) Especially insure against loss and
damage resulting from or on account of injury or death of any pupil being
transported, caused by collision or any accident during the operation of any
such vehicle.
[391:32:1956]—(NRS A 1979, 1615)
NRS 392.330 Transportation by common and private carrier; purchase of bus
tickets for certain pupils; contracts and insurance.
1. In addition to the purposes authorized
by NRS 392.320, a board of trustees may use
transportation funds of the school district for:
(a) Arranging and paying for transportation, in
accordance with subsection 2, by motor vehicles or otherwise, by contract or
such other arrangement as the board of trustees finds most economical,
expedient and feasible and for the best interests of the school district.
(b) Purchasing tickets at reduced rates for the
transportation of pupils, including, without limitation, homeless pupils, on
public buses for use by pupils enrolled in middle school, junior high school
and high school to travel to and from school.
2. Transportation may be arranged and
contracted for by a board of trustees with:
(a) Any railroad company holding a certificate of
public convenience and necessity issued by the Public Utilities Commission of
Nevada or bus company or other licensed common carrier holding a certificate of
public convenience and necessity issued by the Nevada Transportation Authority.
(b) The owners and operators of private
automobiles or other private motor vehicles, including parents of pupils who
attend school and are entitled to transportation. When required by the board of
trustees, every such private automobile or other private motor vehicle
regularly transporting pupils must be insured in the amount required by
regulation of the State Board against the loss and damage described in
subsection 2 of NRS 392.320.
[392:32:1956]—(NRS A 1979, 1615; 1997, 1993, 2489; 1999, 90, 565)
NRS 392.340 No admission of liability for injury or death. Nothing in this chapter admits or assumes any
tort liability to any pupil or the parent or guardian thereof for injury or
death resulting from transportation furnished such pupil by the board of
trustees of a school district, unless such liability is specifically assumed by
law.
[393:32:1956]—(NRS A 1979, 1615)
NRS 392.350 Payment to parents or guardian in lieu of furnishing
transportation; conditions.
1. Except as otherwise provided in NRS 392.268, if the daily transportation of a pupil is
not practical or economical, the board of trustees, in lieu of furnishing
transportation, may pay to the parents or guardian of the pupil an amount of
money not to exceed $10 per day of attendance at school to assist the parents
or guardian in defraying the cost of board, lodging and other subsistence
expenses of the pupil to attend a public school in a city or town in this State
or in an adjoining state. If the public school is in an adjoining county or
state, costs for tuition and subsistence must be fixed by agreement between the
boards of trustees of the school district in which the pupil resides and the
school district in which the pupil attends school.
2. Payment of money in lieu of furnishing
transportation may be made only if:
(a) The guardian or parents have been residents
in the area for a period set by the board of trustees; and
(b) The Superintendent of Public Instruction
determines that the arrangements comply with regulations of the State Board.
[394:32:1956]—(NRS A 1959, 699, 808; 1961, 40; 1965,
100; 1975, 499; 1979,
1616; 1987,
183; 1997,
428)
NRS 392.360 Transportation of children to and from activities and programs;
use and supervision of vehicles; qualifications and restrictions for drivers.
1. A board of trustees of a school
district may permit school buses or vehicles belonging to the school district
to be used for the transportation of public school pupils to and from:
(a) Interscholastic contests;
(b) School festivals; or
(c) Other activities properly a part of a school
program.
2. In addition to the use of school buses
and vehicles authorized pursuant to subsection 1, the board of trustees of a
school district may permit school buses and vehicles belonging to the school
district to be used for the transportation of children to and from:
(a) Programs for the supervision of children before
and after school; and
(b) Other programs or activities that the board
of trustees deems appropriate,
Ê regardless
of whether such programs or activities are part of a school program.
3. The use of school buses or vehicles
belonging to the school district for the purposes enumerated in subsections 1
and 2 is governed by regulations made by the board of trustees, which must not
conflict with regulations of the State Board. Proper supervision for each
vehicle so used must be furnished by school authorities, and each school bus
must be operated by a driver qualified under the provisions of NRS 392.300 to 392.410,
inclusive.
4. A driver shall not operate a vehicle
for the purposes enumerated in subsections 1 and 2 for more than 10 hours in a
15-hour period. The time spent operating, inspecting, loading, unloading,
repairing and servicing the vehicle and waiting for passengers must be included
in determining the 15-hour period. After 10 hours of operating a vehicle, the
driver must rest for 10 hours before he or she again operates a vehicle for
such purposes.
5. Before January 1, 1984, the State Board
shall adopt regulations to carry out the provisions of subsection 4.
[395:32:1956]—(NRS A 1983, 772; 1999, 3458)
NRS 392.375 School bus transportation: Drills to practice evacuation;
adoption and requirements of safety program; information to parents and
guardians concerning school bus safety; regulations.
1. At least twice each school year, a
school district shall require all the pupils in the school district who ride a
school bus to practice the evacuation of a school bus for a purpose other than
a crisis governed by NRS 392.600 to 392.656, inclusive, and to receive instruction in the
responsibility of a passenger of a school bus to use the emergency exit doors
on the bus during such an evacuation.
2. Each school district shall adopt a
safety program which does not concern a crisis governed by NRS 392.600 to 392.656,
inclusive, and which includes, without limitation:
(a) The procedure for pupils to safely enter and
exit a school bus, including entering and exiting with a driver of a school bus
as an escort;
(b) Proper behavior and conduct of pupils while
in areas around a school bus where a high risk of danger to pupils exists,
including the area that is used to load and unload school buses;
(c) Behavior and conduct of pupils while on a
school bus that will enhance the safety of the pupils;
(d) Evacuation of pupils from a school bus; and
(e) The location of emergency equipment on a
school bus.
Ê At least
annually, a school district shall require all pupils who are enrolled in
preschool, kindergarten and in grades 1 to 4, inclusive, in the school district
who ride a school bus to participate in the safety program created pursuant to
this section.
3. If a parent or legal guardian enrolls
his or her child in preschool, kindergarten or grades 1 to 6, inclusive, and
the child will be riding a school bus for the first time, the school shall
provide the parent or legal guardian, upon enrollment, with written information
concerning the safety of pupils on a school bus. The information must include,
without limitation:
(a) A description of each location that is
designated to load and unload a school bus which is in geographical proximity
to the pupil’s residence;
(b) Rules of conduct for pupils on a school bus
and at an area that is designated for pupils to enter and exit a school bus;
(c) Instructions for the operation of a motor
vehicle:
(1) At school crossing zones and in areas
that are designated to load and unload a school bus; and
(2) When a driver of a school bus operates
a system of flashing red lights;
(d) A description of the area around a school bus
that poses a high risk of danger to pupils and other pedestrians; and
(e) Behavior and conduct for pupils who walk to
and from an area that is designated for pupils to enter and exit a school bus
that will enhance the safety of the pupils.
4. The board of trustees of each school
district shall adopt regulations regarding practices conducted pursuant to
subsection 1 and participation in safety programs required by subsection 2,
including the requirement of such practices and participation in such programs
at the beginning of any field trip by school bus.
(Added to NRS by 1983, 772; A 1997, 1317; 2001, 1328)
NRS 392.380 Drivers: Qualifications; training course; annual test;
employment of pupils.
1. No person may be employed by a board of
trustees of a school district as a driver of a school bus, station wagon,
automobile or other motor vehicle, or mechanically or self-propelled vehicle of
any kind which transports pupils to and from school or any other place in
connection with school activities unless the person is:
(a) Of good, reputable and sober character.
(b) Competent and qualified by experience and
disposition to operate the particular type of vehicle in a safe and dependable
manner.
(c) Licensed under the laws of this State to
operate the particular type of vehicle.
2. Each driver of a school bus or a bus
used to transport pupils for extracurricular activities must complete a
training course approved by the State Board of Education which includes at
least 10 hours of training while operating the vehicle, and 10 hours of
training in:
(a) The responsibilities of drivers;
(b) The requirements for drivers of school
vehicles;
(c) The laws affecting the operation of a school
bus or a vehicle belonging to a school district;
(d) Defensive driving;
(e) Emergency procedures; and
(f) First aid.
3. Each driver must pass a written test
each year approved by the Superintendent of Public Instruction and administered
by the local school district.
4. A board of trustees may employ a pupil
attending a school under the supervision of the board as a driver when the
pupil possesses the qualifications stated in subsection 1 and the pupil’s
guardian or parents first consent to the employment of the pupil. The board of
trustees may arrange or contract, in writing, with the pupil, and with the
pupil’s parents or guardian if the pupil is under the age of 18 years, for the
pupil’s services as a driver upon such terms, conditions and provisions and for
such compensation as the board deems most economical and for the best interests
of the school district, pupils and other persons.
5. Before January 1, 1984, the State Board
of Education shall adopt regulations to carry out the provisions of this
section.
[397:32:1956]—(NRS A 1979, 1616; 1983, 773)
NRS 392.400 Condition, equipment and specifications of vehicle used for transportation
of pupils; inspection; exemption; penalties.
1. All vehicles used in the transportation
of pupils must be:
(a) In good condition and state of repair.
(b) Well equipped, and must contain sufficient
room and seats so that the driver and each pupil being transported have a seat
inside the vehicle. Each pupil shall remain seated when the vehicle is in
motion.
(c) Inspected semiannually by the Department of
Public Safety to ensure that the vehicles are mechanically safe and meet the
minimum specifications established by the State Board. The Department of Public
Safety shall make written recommendations to the superintendent of schools of
the school district wherein any such vehicle is operating for the correction of
any defects discovered thereby.
2. If the superintendent of schools fails
or refuses to take appropriate action to have the defects corrected within 10
days after receiving notice of them from the Department of Public Safety, the
superintendent is guilty of a misdemeanor, and upon conviction thereof may be
removed from office.
3. Except as otherwise provided in
subsection 4, all vehicles used for transporting pupils must meet the
specifications established by regulation of the State Board.
4. Except as otherwise provided in
subsection 5, any bus which is purchased and used by a school district to
transport pupils to and from extracurricular activities is exempt from the
specifications adopted by the State Board if the bus meets the federal safety
standards for motor vehicles which were applicable at the time the bus was
manufactured and delivered for introduction in interstate commerce.
5. Any new school bus which is purchased
by a school district to transport pupils must meet the standards set forth in:
(a) Subsection 1 of NRS
392.405 if the school bus is purchased on or after January 1, 2016; and
(b) Subsection 2 or 3 of NRS
392.405 if the school bus is purchased on or after July 1, 2016.
6. Any person violating any of the
requirements of this section is guilty of a misdemeanor.
[400:32:1956]—(NRS A 1957, 629, 737; 1961, 302; 1971,
152, 339; 1973, 395; 1979, 1468; 1981, 991; 1985, 1988; 2001, 2603; 2011, 471; 2013, 1021)
NRS 392.405 Standards for new school buses purchased by school district on
and after January 1, 2016.
1. On and after
January 1, 2016, with respect to any new school bus which is purchased by a
school district to transport pupils, the school bus must meet the following
standards in addition to being equipped as required by the regulations of the
State Board:
(a) Occupant seating within the school bus must
be tested in accordance with either:
(1) The ASTM International Standard ASTM
E1537, “Standard Test Method for Fire Testing of Upholstered Furniture”; or
(2) The School Bus Seat Upholstery Fire
Block Test established by the National School Transportation Specifications and
Procedures adopted at the most recent National Congress on School Transportation.
(b) For the purposes of paragraph (a) such
testing must be conducted on a complete seat assembly inside a test room or
school bus, and occupant seating shall be deemed to have failed the ASTM E1537
test or Fire Block Test, as applicable, if:
(1) The seat assembly exhibits a weight
loss of 3 pounds or greater during the first 10 minutes of the test; or
(2) The seat assembly exhibits a heat
release rate of 80 kilowatts or greater.
2. Except as otherwise provided in
subsection 3, each plastic component contained in the engine compartment of a
new school bus which is purchased by a school district on and after July 1,
2016, to transport pupils must meet one of the following classifications when
tested in accordance with the Underwriters Laboratories Inc. Standard 94, “the
Standard for Safety of Flammability of Plastic Materials for Parts in Devices
and Appliances testing”:
(a) A V-0 classification; or
(b) If the component is located within 100
millimeters directly above an exhaust component that is not shielded,
including, without limitation, a catalytic converter, an exhaust gas
recirculation pipe that carries uncooled exhaust gas, an exhaust manifold or an
exhaust pipe:
(1) For molded parts, a V-0
classification;
(2) For foams, an HF-1 classification; and
(3) For thin films, a VTM-0
classification.
3. In lieu of meeting the requirements set
forth in subsection 2, a new school bus may be purchased by a school district
on or after July 1, 2016, to transport pupils if it meets the following
requirements:
(a) The school bus has an automatic system for
fire extinguishment in the engine compartment that includes a mechanism for
activation by the driver;
(b) Any nozzles for fire suppression are located,
without limitation, under the school bus, in the electrical panel or under the
dashboard, but are not located in the passenger compartment; and
(c) The system for fire suppression includes a
lamp or buzzer to alert the driver when the system is activated.
(Added to NRS by 2011, 470;
A 2013,
1022)
NRS 392.410 Equipment and identification of school bus; use of system of
flashing red lights; compliance with standards; inspection; penalties.
1. Except as otherwise provided in this
subsection, every school bus operated for the transportation of pupils to or
from school must be equipped with:
(a) A system of flashing red lights of a type
approved by the State Board and installed at the expense of the school district
or operator. Except as otherwise provided in subsection 2, the driver shall
operate this signal:
(1) When the bus is stopped to unload
pupils.
(2) When the bus is stopped to load
pupils.
(3) In times of emergency or accident,
when appropriate.
(b) A mechanical device, attached to the front of
the bus which, when extended, causes persons to walk around the device. The
device must be approved by the State Board and installed at the expense of the
school district or operator. The driver shall operate the device when the bus
is stopped to load or unload pupils. The installation of such a mechanical
device is not required for a school bus which is used solely to transport
pupils with special needs who are individually loaded and unloaded in a manner
which does not require them to walk in front of the bus. The provisions of this
paragraph do not prohibit a school district from upgrading or replacing such a
mechanical device with a more efficient and effective device that is approved
by the State Board.
2. A driver may stop to load and unload
pupils in a designated area without operating the system of flashing red lights
required by subsection 1 if the designated area:
(a) Has been designated by a school district and
approved by the Department;
(b) Is of sufficient depth and length to provide
space for the bus to park at least 8 feet off the traveled portion of the
roadway;
(c) Is not within an intersection of roadways;
(d) Contains ample space between the exit door of
the bus and the parking area to allow safe exit from the bus;
(e) Is located so as to allow the bus to reenter
the traffic from its parked position without creating a traffic hazard; and
(f) Is located so as to allow pupils to enter and
exit the bus without crossing the roadway.
3. In addition to the equipment required
by subsection 1 and except as otherwise provided in subsection 4 of NRS 392.400, each school bus must:
(a) Be equipped and identified as required by the
regulations of the State Board; and
(b) If the bus is a new bus purchased by a school
district to transport pupils, meet the standards set forth in:
(1) Subsection 1 of NRS
392.405 if the bus is purchased on or after January 1, 2016; and
(2) Subsection 2 or 3 of NRS 392.405 if the bus is purchased on or after July
1, 2016.
4. The agents and employees of the
Department of Motor Vehicles shall inspect school buses to determine whether
the provisions of this section concerning equipment and identification of the
school buses have been complied with, and shall report any violations
discovered to the superintendent of schools of the school district wherein the
vehicles are operating.
5. If the superintendent of schools fails
or refuses to take appropriate action to correct any such violation within 10
days after receiving notice of it from the Department of Motor Vehicles, the
superintendent is guilty of a misdemeanor, and upon conviction must be removed
from office.
6. Any person who violates any of the
provisions of this section is guilty of a misdemeanor.
[401:32:1956]—(NRS A 1957, 629, 737; 1961, 302; 1967,
566; 1971, 340; 1973, 1296; 1981, 992; 1985, 1989; 1991, 275; 1993, 169; 2001, 2603; 2011, 471; 2013, 1023)
SCHOOL UNIFORMS; HEALTH AND SAFETY
NRS 392.415 Authorization to establish policy of uniforms for pupils and
dress code for educational personnel; financial assistance for pupils to
purchase uniforms.
1. The board of trustees of a school
district may, in consultation with the schools within the district, parents and
legal guardians of pupils who are enrolled in the district, and associations
and organizations representing licensed educational personnel within the
district, establish a policy that requires pupils to wear school uniforms.
2. The policy must:
(a) Describe the uniforms;
(b) Designate which pupils must wear the
uniforms; and
(c) Designate the hours or events during which
the uniforms must be worn.
3. If the board of trustees of a school
district establishes a policy that requires pupils to wear school uniforms, the
board shall facilitate the acquisition of school uniforms for pupils whose
parents or legal guardians request financial assistance to purchase the
uniforms.
4. The board of trustees of a school
district may establish a dress code enforceable during school hours for the
teachers and other personnel employed by the board of trustees.
(Added to NRS by 1997, 2488)—(Substituted
in revision for NRS 392.458)
NRS 392.420 Physical examinations of pupils; representative sample of height
and weight of pupils in certain school districts; qualifications of persons to
conduct examinations; notice to parent of examination and opportunity for
exemption; report of results to Chief Medical Officer. [Effective through June
30, 2015.]
1. In each school at which a school nurse
is responsible for providing nursing services, the school nurse shall plan for
and carry out, or supervise qualified health personnel in carrying out, a
separate and careful observation and examination of every child who is
regularly enrolled in a grade specified by the board of trustees or
superintendent of schools of the school district in accordance with this
subsection to determine whether the child has scoliosis, any visual or auditory
problem, or any gross physical defect. The grades in which the observations and
examinations must be carried out are as follows:
(a) For visual and auditory problems:
(1) Before the completion of the first year
of initial enrollment in elementary school;
(2) In at least one additional grade of
the elementary schools; and
(3) In one grade of the middle or junior
high schools and one grade of the high schools; and
(b) For scoliosis, in at least one grade of
schools below the high schools.
Ê Any person
other than a school nurse, including, without limitation, a person employed at
a school to provide basic first aid and health services to pupils, who performs
an observation or examination pursuant to this subsection must be trained by a
school nurse to conduct the observation or examination.
2. In addition to the requirements of
subsection 1, the board of trustees of each school district in a county whose
population is 100,000 or more shall conduct examinations of the height and
weight of a representative sample of pupils enrolled in grades 4, 7 and 10 in
the schools within the school district. In addition to those grade levels, such
a school district may conduct examinations of the height and weight of a
representative sample of pupils enrolled in other grade levels within the
school district. The Division of Public and Behavioral Health of the Department
of Health and Human Services shall define “representative sample” in
collaboration with each school district in a county whose population is 100,000
or more for purposes of this subsection.
3. If any child is attending school in a
grade above one of the specified grades and has not previously received such an
observation and examination, the child must be included in the current schedule
for observation and examination. Any child who is newly enrolled in the
district must be examined for any medical condition for which children in a
lower grade are examined.
4. A special examination for a possible
visual or auditory problem must be provided for any child who:
(a) Is enrolled in a special program;
(b) Is repeating a grade;
(c) Has failed an examination for a visual or
auditory problem during the previous school year; or
(d) Shows in any other way that the child may
have such a problem.
5. The school authorities shall notify the
parent or guardian of any child who is found or believed to have scoliosis, any
visual or auditory problem, or any gross physical defect, and shall recommend
that appropriate medical attention be secured to correct it.
6. In any school district in which state,
county or district public health services are available or conveniently
obtainable, those services may be used to meet the responsibilities assigned
under the provisions of this section. The board of trustees of the school
district may employ qualified personnel to perform them. Any nursing services
provided by such qualified personnel must be performed in compliance with chapter 632 of NRS.
7. The board of trustees of a school
district may adopt a policy which encourages the school district and schools
within the school district to collaborate with:
(a) Qualified health care providers within the
community to perform, or assist in the performance of, the services required by
this section; and
(b) Postsecondary educational institutions for
qualified students enrolled in such an institution in a health-related program
to perform, or assist in the performance of, the services required by this section.
8. The school authorities shall provide
notice to the parent or guardian of a child before performing on the child the
examinations required by this section. The notice must inform the parent or
guardian of the right to exempt the child from all or part of the examinations.
Any child must be exempted from an examination if the child’s parent or
guardian files with the teacher a written statement objecting to the
examination.
9. Except as otherwise provided in this
subsection, each school nurse or a designee of a school nurse, including,
without limitation, a person employed at a school to provide basic first aid
and health services to pupils, shall report the results of the examinations
conducted pursuant to this section in each school at which he or she is
responsible for providing services to the Chief Medical Officer in the format
prescribed by the Chief Medical Officer. If a school district in a county whose
population is 100,000 or more conducts examinations of the height and weight of
a representative sample of pupils enrolled in grade levels other than the grade
levels required by subsection 2, the results of those examinations must not be
included in the report submitted to the Chief Medical Officer. Each such report
must exclude any identifying information relating to a particular child. The
Chief Medical Officer shall compile all such information the Officer receives
to monitor the health status of children and shall retain the information.
[402:32:1956]—(NRS A 1973, 225; 1981, 841; 1991, 1698; 2001, 541; 2007, 1870; 2009, 1203,
1204, 1857; 2011, 91; 2013, 2041)
NRS 392.420 Physical examinations of
pupils; qualifications of persons to conduct examinations; notice to parent of
examination and opportunity for exemption; report of results to Chief Medical
Officer. [Effective July 1, 2015.]
1. In each school at which a school nurse
is responsible for providing nursing services, the school nurse shall plan for
and carry out, or supervise qualified health personnel in carrying out, a
separate and careful observation and examination of every child who is
regularly enrolled in a grade specified by the board of trustees or
superintendent of schools of the school district in accordance with this
subsection to determine whether the child has scoliosis, any visual or auditory
problem, or any gross physical defect. The grades in which the observations and
examinations must be carried out are as follows:
(a) For visual and auditory problems:
(1) Before the completion of the first year
of initial enrollment in elementary school;
(2) In at least one additional grade of
the elementary schools; and
(3) In one grade of the middle or junior
high schools and one grade of the high schools; and
(b) For scoliosis, in at least one grade of
schools below the high schools.
Ê Any person
other than a school nurse, including, without limitation, a person employed at
a school to provide basic first aid and health services to pupils, who performs
an observation or examination pursuant to this subsection must be trained by a
school nurse to conduct the observation or examination.
2. If any child is attending school in a
grade above one of the specified grades and has not previously received such an
observation and examination, the child must be included in the current schedule
for observation and examination. Any child who is newly enrolled in the
district must be examined for any medical condition for which children in a
lower grade are examined.
3. A special examination for a possible
visual or auditory problem must be provided for any child who:
(a) Is enrolled in a special program;
(b) Is repeating a grade;
(c) Has failed an examination for a visual or
auditory problem during the previous school year; or
(d) Shows in any other way that the child may
have such a problem.
4. The school authorities shall notify the
parent or guardian of any child who is found or believed to have scoliosis, any
visual or auditory problem, or any gross physical defect, and shall recommend
that appropriate medical attention be secured to correct it.
5. In any school district in which state,
county or district public health services are available or conveniently
obtainable, those services may be used to meet the responsibilities assigned
under the provisions of this section. The board of trustees of the school
district may employ qualified personnel to perform them. Any nursing services
provided by such qualified personnel must be performed in compliance with chapter 632 of NRS.
6. The board of trustees of a school
district may adopt a policy which encourages the school district and schools
within the school district to collaborate with:
(a) Qualified health care providers within the
community to perform, or assist in the performance of, the services required by
this section; and
(b) Postsecondary educational institutions for
qualified students enrolled in such an institution in a health-related program
to perform, or assist in the performance of, the services required by this section.
7. The school authorities shall provide
notice to the parent or guardian of a child before performing on the child the
examinations required by this section. The notice must inform the parent or
guardian of the right to exempt the child from all or part of the examinations.
Any child must be exempted from an examination if the child’s parent or
guardian files with the teacher a written statement objecting to the
examination.
8. Each school nurse or a designee of a
school nurse, including, without limitation, a person employed at a school to
provide basic first aid and health services to pupils, shall report the results
of the examinations conducted pursuant to this section in each school at which
he or she is responsible for providing services to the Chief Medical Officer in
the format prescribed by the Chief Medical Officer. Each such report must
exclude any identifying information relating to a particular child. The Chief
Medical Officer shall compile all such information the Officer receives to
monitor the health status of children and shall retain the information.
[402:32:1956]—(NRS A 1973, 225; 1981, 841; 1991, 1698; 2001, 541; 2007, 1870, 1872; 2009, 1203,
1204, 1857; 2011, 91,
effective July 1, 2015)
NRS 392.425 Authorization for pupil to self-administer medication for asthma
or anaphylaxis; contents of request; immunity from liability.
1. The parent or legal guardian of a pupil
who has asthma or anaphylaxis may submit a written request to the principal or,
if applicable, the school nurse of the public school in which the pupil is
enrolled to allow the pupil to self-administer medication for the treatment of
the pupil’s asthma or anaphylaxis while the pupil is on the grounds of a public
school, participating in an activity sponsored by a public school or on a
school bus.
2. A written request made pursuant to
subsection 1 must include:
(a) A signed statement of a physician indicating
that the pupil has asthma or anaphylaxis and is capable of self-administration
of the medication while the pupil is on the grounds of a public school,
participating in an activity sponsored by a public school or on a school bus;
(b) A written treatment plan prepared by the
physician pursuant to which the pupil will manage his or her asthma or
anaphylaxis if the pupil experiences an asthmatic attack or anaphylactic shock
while on the grounds of a public school, participating in an activity sponsored
by a public school or on a school bus; and
(c) A signed statement of the parent or legal
guardian:
(1) Indicating that the parent or legal
guardian grants permission for the pupil to self-administer the medication
while the pupil is on the grounds of a public school, participating in an
activity sponsored by a public school or on a school bus; and
(2) Acknowledging that the parent or legal
guardian is aware of and understands the provisions of subsections 3 and 4.
3. The provisions of this section do not
create a duty for the board of trustees of the school district, the school
district, the public school in which the pupil is enrolled, or an employee or
agent thereof, that is in addition to those duties otherwise required in the
course of service or employment.
4. If a pupil is granted authorization
pursuant to this section to self-administer medication, the board of trustees
of the school district, the school district and the public school in which the
pupil is enrolled, and any employee or agent thereof, are immune from liability
for the injury to or death of the pupil as a result of self-administration of a
medication pursuant to this section or the failure of the pupil to
self-administer such a medication.
5. Upon receipt of a request that complies
with subsection 2, the principal or, if applicable, the school nurse of the
public school in which a pupil is enrolled shall provide written authorization
for the pupil to carry and self-administer medication to treat his or her
asthma or anaphylaxis while the pupil is on the grounds of a public school,
participating in an activity sponsored by a public school or on a school bus.
The written authorization must be filed with the principal or, if applicable,
the school nurse of the public school in which the pupil is enrolled and must
include:
(a) The name and purpose of the medication which
the pupil is authorized to self-administer;
(b) The prescribed dosage and the duration of the
prescription;
(c) The times or circumstances, or both, during
which the medication is required or recommended for self-administration;
(d) The side effects that may occur from an
administration of the medication; and
(e) The name and telephone number of the pupil’s
physician and the name and telephone number of the person to contact in the
case of a medical emergency concerning the pupil.
6. The written authorization provided
pursuant to subsection 5 is valid for 1 school year. If a parent or legal
guardian submits a written request that complies with subsection 2, the
principal or, if applicable, the school nurse of the public school in which the
pupil is enrolled shall renew and, if necessary, revise the written
authorization.
7. If a parent or legal guardian of a
pupil who is authorized pursuant to this section to carry medication on his or
her person provides to the principal or, if applicable, the school nurse of the
public school in which the pupil is enrolled doses of the medication in
addition to the dosage that the pupil carries on his or her person, the
principal or, if applicable, the school nurse shall ensure that the additional
medication is:
(a) Stored on the premises of the public school
in a location that is secure; and
(b) Readily available if the pupil experiences an
asthmatic attack or anaphylactic shock during school hours.
8. As used in this section:
(a) “Medication” means any medicine prescribed by
a physician for the treatment of anaphylaxis or asthma, including, without
limitation, asthma inhalers and auto-injectable epinephrine.
(b) “Physician” means a person who is licensed to
practice medicine pursuant to chapter 630 of
NRS or osteopathic medicine pursuant to chapter
633 of NRS.
(c) “Self-administer” means the
auto-administration of a medication pursuant to the prescription for the
medication or written directions for such a medication.
(Added to NRS by 2005, 85)
NRS 392.430 Sanitation and prevention of diseases: Authority of board of
trustees of school districts and governing bodies of charter schools.
1. Except as otherwise provided in
subsection 2, the board of trustees of a school district may:
(a) Adopt and enforce regulations that are
necessary for sanitation in the public schools and for the prevention of the
spread of contagious and infectious diseases therein.
(b) Spend money available in the school district
to enforce the regulations among indigent children.
2. The governing body of a charter school
may:
(a) Adopt and enforce rules that are necessary
for sanitation in the charter school and for the prevention of contagious and
infectious diseases; and
(b) Spend money to enforce the rules among
indigent children.
[403:32:1956]—(NRS A 1997, 1875)
NRS 392.435 Immunization of pupils: Certificate prerequisite to enrollment;
conditional enrollment; effect of military transfer of parent of child;
consequences for failure to immunize; report to Division of Public and
Behavioral Health; inclusion of certificate in pupil’s record.
1. Unless excused because of religious
belief or medical condition and except as otherwise provided in subsection 5, a
child may not be enrolled in a public school within this State unless the
child’s parents or guardian submit to the board of trustees of the school
district in which the child resides or the governing body of the charter school
in which the child has been accepted for enrollment a certificate stating that
the child has been immunized and has received proper boosters for that
immunization or is complying with the schedules established by regulation
pursuant to NRS 439.550 for the
following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of
age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of
health or the State Board of Health may determine.
2. The certificate must show that the
required vaccines and boosters were given and must bear the signature of a
licensed physician or the physician’s designee or a registered nurse or the
nurse’s designee, attesting that the certificate accurately reflects the
child’s record of immunization.
3. If the requirements of subsection 1 can
be met with one visit to a physician or clinic, procedures for conditional
enrollment do not apply.
4. A child may enter school conditionally
if the parent or guardian submits a certificate from a physician or local
health officer that the child is receiving the required immunizations. If a
certificate from the physician or local health officer showing that the child
has been fully immunized is not submitted to the appropriate school officers
within 90 school days, or its equivalent in a school district operating under
an alternative schedule authorized pursuant to NRS 388.090, after the child was
conditionally admitted, the child must be excluded from school and may not be
readmitted until the requirements for immunization have been met. A child who
is excluded from school pursuant to this section is a neglected child for the
purposes of NRS 432.0999 to 432.130, inclusive, and chapter 432B of NRS.
5. A child who transfers to a school in
this State from a school outside this State because of the military transfer of
the parent or legal guardian of the child must be enrolled in school in this
State regardless of whether the child has been immunized. Unless a different
time frame is prescribed pursuant to NRS
392C.010, the parent or legal guardian shall submit a certificate from a
physician or local health officer showing that the child:
(a) If the requirements of subsection 1 can be
met with one visit to a physician or clinic, has been fully immunized within 30
school days, or its equivalent in a school district operating under an
alternative schedule authorized pursuant to NRS
388.090, after the child was enrolled; or
(b) If the requirements of subsection 1 cannot be
met with one visit to a physician or clinic, is receiving the required
immunizations within 30 school days, or its equivalent in a school district
operating under an alternative schedule authorized pursuant to NRS 388.090, after the child was enrolled.
A certificate from the physician or local health officer showing that the child
has been fully immunized must be submitted to the appropriate school officers
within 120 school days, or its equivalent in a school district operating under
an alternative schedule authorized pursuant to NRS 388.090, after the child was enrolled.
Ê If the
parent or legal guardian fails to submit the documentation required pursuant to
this subsection, the child must be excluded from school and may not be readmitted
until the requirements for immunization have been met. A child who is excluded
from school pursuant to this section is a neglected child for the purposes of NRS 432.0999 to 432.130, inclusive, and chapter 432B of NRS.
6. Before December 31 of each year, each
school district and the governing body of each charter school shall report to
the Division of Public and Behavioral Health of the Department of Health and
Human Services, on a form furnished by the Division, the exact number of pupils
who have completed the immunizations required by this section.
7. The certificate of immunization must be
included in the pupil’s academic or cumulative record and transferred as part
of that record upon request.
(Added to NRS by 1971, 1040; A 1973, 267; 1975, 1324;
1979, 314; 1985, 1400; 1987, 1334; 1995, 807; 1997, 1876; 2003, 3218; 2009, 2623)
NRS 392.437 Immunization of pupils: Exemption if prohibited by religious
belief. A public school shall not
refuse to enroll a child as a pupil because the child has not been immunized
pursuant to NRS 392.435 if the parents or guardian
of the child has submitted to the board of trustees of the school district or
the governing body of a charter school in which the child has been accepted for
enrollment a written statement indicating that their religious belief prohibits
immunization of such child or ward.
(Added to NRS by 1971, 1040; A 1997, 1876)
NRS 392.439 Immunization of pupils: Exemption if prevented by medical
condition. If the medical
condition of a child will not permit the child to be immunized to the extent
required by NRS 392.435 and a written statement of
this fact is signed by a licensed physician and by the parents or guardian of
the child, the board of trustees of the school district or governing body of
the charter school in which the child has been accepted for enrollment shall
exempt the child from all or part of the provisions of NRS
392.435, as the case may be, for enrollment purposes.
(Added to NRS by 1971, 1040; A 1997, 1877)
NRS 392.443 Immunization of pupils: Additional requirements imposed after
enrollment; additional certificate required. If,
after a child has been enrolled in a public school and before registration for
any subsequent school year additional immunization requirements are provided by
law, the child’s parents or guardian shall submit an additional certificate or
certificates to the board of trustees or the governing body of the charter
school in which the child is enrolled stating that the child has met the new
immunization requirements.
(Added to NRS by 1971, 1041; A 1997, 1877)
NRS 392.446 Immunization of pupils: Protection of child exempt from
immunization if dangerous disease exists in school. Whenever
the State Board of Health or a local board of health determines that there is a
dangerous contagious disease in a public school attended by a child for whom
exemption from immunization is claimed pursuant to the provisions of NRS 392.437 or 392.439,
the board of trustees of the school district or the governing body of the
charter school in which the child is enrolled shall require either:
1. That the child be immunized; or
2. That the child remain outside the
school environment and the local health officer be notified.
(Added to NRS by 1979, 314; A 1997, 1877)
NRS 392.448 Immunization of pupils: Penalty for refusal to remove child from
school when required by law. Any
parent or guardian who refuses to remove his or her child from the public
school in which the child is enrolled when retention in school is prohibited
under the provisions of NRS 392.435, 392.443 or 392.446 is
guilty of a misdemeanor.
(Added to NRS by 1979, 314)
NRS 392.450 Drills to instruct pupils in appropriate procedures to be
followed in event of emergency; posting of escape routes; enforcement; penalty.
1. The board of trustees of each school
district and the governing body of each charter school shall provide drills for
the pupils in the schools in the school district or the charter schools at
least once each month during the school year to instruct those pupils in the
appropriate procedures to be followed in the event of a fire or other
emergency, except a crisis governed by NRS 392.600
to 392.656, inclusive. Not more than three of those
drills may include instruction in the appropriate procedures to be followed in
the event of a chemical explosion, related emergencies and other natural
disasters.
2. In all cities or towns which have
regularly organized, paid fire departments or voluntary fire departments, the
drills required by subsection 1 must be conducted under the supervision of the:
(a) Person designated for this purpose by the
board of trustees of the school district or the governing body of a charter
school; and
(b) Chief of the fire department of the city or
town.
3. A diagram of the approved escape route
and any other information related to the drills required by subsection 1 which
is approved by the chief of the fire department or, if there is no fire
department, the State Fire Marshal must be kept posted in every classroom of
every public school by the principal or teacher in charge thereof.
4. The principal, teacher or other person
in charge of each school building shall cause the provisions of this section to
be enforced.
5. Any violation of the provisions of this
section is a misdemeanor.
[405:32:1956]—(NRS A 1971, 152; 1993, 112; 1997, 1877; 2001, 1329)
NRS 392.452 Adoption of policy by school district for prevention and
treatment of injuries to the head which may occur during participation in
competitive sports; requirements of policy; annual acknowledgment of policy by
parent and pupil.
1. For those competitive sports not
governed by the Nevada Interscholastic Activities Association pursuant to NRS 386.420 to 386.470, inclusive, the board of trustees
of each school district shall adopt a policy concerning the prevention and
treatment of injuries to the head which may occur during a pupil’s
participation in competitive sports within the school district, including,
without limitation, a concussion of the brain. To the extent practicable, the
policy must be consistent with the policy adopted by the Nevada Interscholastic
Activities Association pursuant to NRS
386.435. The policy must provide information concerning the nature and risk
of injuries to the head which may occur during a pupil’s participation in
competitive sports, including, without limitation, the risks associated with continuing
to participate in competitive sports after sustaining such an injury.
2. The policy adopted pursuant to
subsection 1 must require that if a pupil sustains or is suspected of
sustaining an injury to the head while participating in competitive sports, the
pupil:
(a) Must be immediately removed from the
competitive sport; and
(b) May return to the competitive sport if the
parent or legal guardian of the pupil provides a signed statement of a provider
of health care indicating that the pupil is medically cleared for participation
in the competitive sport and the date on which the pupil may return to the
competitive sport.
3. Before a pupil participates in
competitive sports within a school district, and on an annual basis thereafter,
the pupil and his or her parent or legal guardian:
(a) Must be provided with a copy of the policy
adopted pursuant to subsection 1; and
(b) Must sign a statement on a form prescribed by
the board of trustees acknowledging that the pupil and his or her parent or
guardian have read and understand the terms and conditions of the policy.
4. As used in this section, “provider of
health care” means a physician licensed under chapter
630 or 633 of NRS, a physical therapist
licensed under chapter 640 of NRS or an
athletic trainer licensed under chapter 640B
of NRS.
(Added to NRS by 2011, 785)
NRS 392.455 Devices for protection of eyes required in certain classes.
1. If a school district or a charter
school has established a program in career and technical education, the
teachers and pupils in classes provided pursuant to the program must wear
devices provided by the school district or the charter school which are
designed to protect their eyes while they are using power tools, torches or
other dangerous equipment or machinery.
2. The teachers and pupils in classes in
science must wear devices provided by the school district which are designed to
protect their eyes when chemicals or toxic substances are used in those
classes.
(Added to NRS by 1989, 185; A 1997, 1878; 2005, 1052)
PARENTAL INVOLVEMENT AND FAMILY ENGAGEMENT
NRS 392.456 Form for use in elementary schools concerning status of pupil
and participation of parent; restrictions on use.
1. The Department shall:
(a) Prescribe a form for use by teachers in
elementary schools to provide reports to parents and legal guardians of pupils
pursuant to this section;
(b) Work in consultation with the Legislative
Bureau of Educational Accountability and Program Evaluation, the Nevada
Association of School Boards, the Nevada Association of School Administrators,
the Nevada State Education Association and the Nevada Parent Teacher
Association in the development of the form; and
(c) Make the form available in electronic format
for use by school districts and charter schools and, upon request, in any other
manner deemed reasonable by the Department.
2. The form must include, without
limitation:
(a) A notice to parents and legal guardians that
parental involvement is important in ensuring the success of the academic
achievement of pupils;
(b) A checklist indicating whether:
(1) The pupil completes his or her
homework assignments in a timely manner;
(2) The pupil is present in the classroom
when school begins each day and is present for the entire school day unless the
pupil’s absence is approved in accordance with NRS
392.130;
(3) The parent or legal guardian and the
pupil abide by any applicable rules and policies of the school and the school
district; and
(4) The pupil complies with the dress code
for the school, if applicable; and
(c) A list of the resources and services
available within the community to assist parents and legal guardians in
addressing any issues identified on the checklist.
3. In addition to the requirements of
subsection 2, the Department may prescribe additional information for inclusion
on the form, including, without limitation:
(a) A report of the participation of the parent
or legal guardian, including, without limitation, whether the parent or legal
guardian:
(1) Completes forms and other documents
that are required by the school or school district in a timely manner;
(2) Assists in carrying out a plan to
improve the pupil’s academic achievement, if applicable;
(3) Attends conferences between the
teacher and the parent or legal guardian, if applicable; and
(4) Attends school activities.
(b) A report of whether the parent or legal
guardian ensures the health and safety of the pupil, including, without
limitation, whether:
(1) Current information is on file with
the school that designates each person whom the school should contact if an
emergency involving the pupil occurs; and
(2) Current information is on file with
the school regarding the health and safety of the pupil, such as immunization
records, if applicable, and any special medical needs of the pupil.
4. A teacher at an elementary school may
provide the form prescribed by the Department, including the additional
information prescribed pursuant to subsection 3 if the Department has
prescribed such information on the form, to a parent or legal guardian of a
pupil if the teacher determines that the provision of such a report would
assist in improving the academic achievement of the pupil.
5. A report provided to a parent or legal
guardian pursuant to this section must not be used in a manner that:
(a) Interferes unreasonably with the personal
privacy of the parent or legal guardian or the pupil;
(b) Reprimands the parent or legal guardian; or
(c) Affects the grade or report of progress given
to a pupil based upon the information contained in the report.
(Added to NRS by 2007, 2913; A 2009, 2333,
2334; 2013, 1934)
NRS 392.457 Adoption of policies by State Board and school districts
concerning effective involvement and engagement; annual review of policies.
1. The State Board shall, in consultation
with the boards of trustees of school districts, educational personnel, local
associations and organizations of parents whose children are enrolled in public
schools throughout this State and individual parents and legal guardians whose
children are enrolled in public schools throughout this State, adopt a policy
to encourage effective involvement and engagement by parents and families in
support of their children and the education of their children. The policy
adopted by the State Board must be considered when the Board:
(a) Consults with the boards of trustees of
school districts in the adoption of policies pursuant to subsection 3; and
(b) Interacts with school districts, public
schools, educational personnel, parents, legal guardians and families of
pupils, and members of the general public in carrying out its duties pursuant
to this title.
2. The policy adopted by the State Board
pursuant to subsection 1 must include the following elements and goals:
(a) Promotion of an atmosphere for parents and
families to visit the school that their children attend and feel welcome,
valued and connected to the staff of the school, other parents and families and
to the education of their children.
(b) Promotion of regular, two-way, meaningful
communication between parents, families and schools relating to learning by
pupils.
(c) Collaboration among parents, families and schools
to support learning by pupils and healthy development of pupils at home and
school.
(d) Empowerment of parents and families to
advocate for their children and the children of other parents and families to
ensure that all pupils are treated fairly and have access to learning
opportunities that support pupil achievement.
(e) Promotion of an equal partnership between
parents, families and schools in making decisions that affect children, parents
and families and in informing, influencing and creating school policies,
practices and programs.
(f) Collaboration of parents, families and
schools with the community to connect pupils, parents, families and schools
with learning opportunities, community services and civic participation.
3. The board of trustees of each school
district shall, in consultation with the State Board, educational personnel,
local associations and organizations of parents whose children are enrolled in
public schools of the school district and individual parents and legal guardians
whose children are enrolled in public schools of the school district, adopt
policies to encourage effective involvement and engagement by parents and
families in support of their children and the education of their children. The
policies adopted pursuant to this subsection must:
(a) Be consistent, to the extent applicable, with
the policy adopted by the State Board pursuant to subsection 1;
(b) Include the elements and goals specified in
subsection 2; and
(c) Comply with the parental involvement policy
required by the federal No Child Left Behind Act of 2001, as set forth in 20
U.S.C. § 6318.
4. The State Board and the board of
trustees of each school district shall, at least once each year, review and
amend their respective policies as necessary.
(Added to NRS by 2001, 978; A 2003, 19th
Special Session, 79; 2011, 513, 1985)
NRS 392.4575 Educational involvement accords; policy by school districts for
development and distribution; annual review.
1. The Department shall prescribe a form
for educational involvement accords to be used by all public schools in this
State. The educational involvement accord must comply with the policy:
(a) For parental involvement required by the
federal No Child Left Behind Act of 2001, as set forth in 20 U.S.C. § 6318.
(b) For parental involvement and family
engagement adopted by the State Board pursuant to NRS
392.457.
2. Each educational involvement accord must
include, without limitation:
(a) A description of how the parent or legal
guardian will be involved in the education of the pupil, including, without
limitation:
(1) Reading to the pupil, as applicable
for the grade or reading level of the pupil;
(2) Reviewing and checking the pupil’s
homework; and
(3) Contributing 5 hours of time each
school year, including, without limitation, by attending school-related
activities, parent-teacher association meetings, parent-teacher conferences,
volunteering at the school and chaperoning school-sponsored activities.
(b) The responsibilities of a pupil in a public
school, including, without limitation:
(1) Reading each day before or after
school, as applicable for the grade or reading level of the pupil;
(2) Using all school equipment and
property appropriately and safely;
(3) Following the directions of any adult
member of the staff of the school;
(4) Completing and submitting homework in
a timely manner; and
(5) Respecting himself or herself, others
and all property.
(c) The responsibilities of a public school and
the administrators, teachers and other personnel employed at a school,
including, without limitation:
(1) Ensuring that each pupil is provided
proper instruction, supervision and interaction;
(2) Maximizing the educational and social
experience of each pupil;
(3) Carrying out the professional
responsibility of educators to seek the best interest of each pupil; and
(4) Making staff available to the parents
and legal guardians of pupils to discuss the concerns of parents and legal
guardians regarding the pupils.
3. Each educational involvement accord
must be accompanied by, without limitation:
(a) Information describing how the parent or
legal guardian may contact the pupil’s teacher and the principal of the school
in which the pupil is enrolled;
(b) The curriculum of the course or standards for
the grade in which the pupil is enrolled, as applicable, including, without
limitation, a calendar that indicates the dates of major examinations and the
due dates of significant projects, if those dates are known by the teacher at
the time that the information is distributed;
(c) The homework and grading policies of the
pupil’s teacher or school;
(d) Directions for finding resource materials for
the course or grade in which the pupil is enrolled, as applicable;
(e) Suggestions for parents and legal guardians
to assist pupils in their schoolwork at home;
(f) The dates of scheduled conferences between
teachers or administrators and the parents or legal guardians of the pupil;
(g) The manner in which reports of the pupil’s
progress will be delivered to the parent or legal guardian and how a parent or
legal guardian may request a report of progress;
(h) The classroom rules and policies;
(i) The dress code of the school, if any;
(j) The availability of assistance to parents who
have limited proficiency in the English language;
(k) Information describing the availability of
free and reduced-price meals, including, without limitation, information
regarding school breakfast, school lunch and summer meal programs;
(l) Opportunities for parents and legal guardians
to become involved in the education of their children and to volunteer for the
school or class; and
(m) The code of honor relating to cheating
prescribed pursuant to NRS 392.461.
4. The board of trustees of each school
district shall adopt a policy providing for the development and distribution of
the educational involvement accord. The policy adopted by a board of trustees
must require each classroom teacher to:
(a) Distribute the educational involvement accord
to the parent or legal guardian of each pupil in the teacher’s class at the
beginning of each school year or upon a pupil’s enrollment in the class, as
applicable; and
(b) Provide the parent or legal guardian with a
reasonable opportunity to sign the educational involvement accord.
5. Except as otherwise provided in this
subsection, the board of trustees of each school district shall ensure that the
form prescribed by the Department is used for the educational involvement
accord of each public school in the school district. The board of trustees of a
school district may authorize the use of an expanded form that contains
additions to the form prescribed by the Department if the basic information
contained in the expanded form complies with the form prescribed by the
Department.
6. The Department and the board of
trustees of each school district shall, at least once each year, review and
amend their respective educational involvement accords.
(Added to NRS by 2005, 1659; A 2007, 2914; 2009, 2335,
2337; 2011, 1986;
2013, 1935)
NRS 392.4577 Employer required to grant leave to parent to participate in
school conferences and other school-related activities; conditions; exception.
1. Except as otherwise provided in
subsection 5, an employer shall grant a parent, guardian or custodian of a
child who is enrolled in a public school leave from his or her place of
employment for 4 hours per school year, which must be taken in increments of at
least 1 hour, to:
(a) Attend parent-teacher conferences;
(b) Attend school-related activities during
regular school hours;
(c) Volunteer or otherwise be involved at the
school in which his or her child is enrolled during regular school hours; and
(d) Attend school-sponsored events.
Ê The leave
must be at a time mutually agreed upon by the employer and the employee.
2. An employer may require:
(a) An employee to provide a written request for
the leave at least 5 school days before the leave is taken; and
(b) An employee who takes leave pursuant to this
section to provide documentation that during the time of the leave, the employee
attended or was otherwise involved at the school or school-related activity for
one of the purposes set forth in subsection 1.
3. An employer is not required to pay an
employee for any leave taken pursuant to this section.
4. A parent, guardian or custodian must be
granted leave in accordance with this section for each child of the parent,
guardian or custodian who is enrolled in public school.
5. The provisions of this section do not
apply if an employee is afforded pursuant to the provisions of a collective
bargaining agreement:
(a) At least 4 hours of leave or more per school
year for the purposes set forth in subsection 1 and subject to the same
provisions as subsections 2, 3 and 4; and
(b) Substantially similar protections and
remedies for violations by the employer as those that are set forth in NRS 392.920.
6. As used in this section, “employer”
means any person who has 50 or more employees for each working day in each of 20
or more calendar weeks in the current calendar year.
(Added to NRS by 2009, 1247)
BEHAVIOR AND DISCIPLINE
General Provisions
NRS 392.461 Code of honor relating to cheating; contents; distribution.
1. The Department shall prescribe by
regulation a written policy that establishes a code of honor for pupils
relating to cheating on examinations and course work. The policy must be
developed in consultation with the boards of trustees of school districts, the
governing bodies of charter schools, educational personnel employed by school
districts and charter schools, and local associations and organizations of
parents whose children are enrolled in public schools throughout this State.
2. The policy must include, without
limitation, a definition of cheating that clearly and concisely informs pupils
which acts constitute cheating for purposes of the code of honor.
3. On or before July 1 of each year, the
Department shall:
(a) Provide a copy of the code of honor to the
board of trustees of each school district and the governing body of each
charter school.
(b) Review and amend the code of honor as
necessary.
4. Copies of the code of honor must be
made available for inspection at each public school located within a school
district, including, without limitation, each charter school, in an area on the
grounds of the school that is open to the public.
5. Each classroom teacher shall:
(a) Distribute the code of honor to each pupil
enrolled in the teacher’s class and to the parent or legal guardian of each
pupil enrolled in his or her class at the beginning of each school year or upon
a pupil’s enrollment in the teacher’s class, as applicable;
(b) Provide the pupil and the parent or legal
guardian of the pupil with a reasonable opportunity to sign the code of honor;
and
(c) If the code of honor is returned with the
signatures, retain a copy of the signed code of honor in the pupil’s file.
(Added to NRS by 2005, 1661; A 2007, 2916)
NRS 392.463 Adoption of plan to ensure public schools are safe and free of
controlled substances; written rules of behavior and punishments; distribution
of plan and rules to pupils; availability for inspection.
1. Each school district shall adopt a plan
to ensure that the public schools within the school district are safe and free
of controlled substances. The plan must comply with the Safe and Drug-Free
Schools and Communities Act, 20 U.S.C. §§ 7101 et seq.
2. Each school district shall prescribe
written rules of behavior required of and prohibited for pupils attending
school within their district and shall prescribe appropriate punishments for
violations of the rules. If suspension or expulsion is used as a punishment for
a violation of the rules, the school district shall follow the procedures in NRS 392.467.
3. A copy of the plan adopted pursuant to
subsection 1 and the rules of behavior, prescribed punishments and procedures
to be followed in imposing punishments prescribed pursuant to subsection 2 must
be distributed to each pupil at the beginning of the school year and to each
new pupil who enters school during the year. Copies must also be made available
for inspection at each school located in that district in an area on the
grounds of the school which is open to the public.
(Added to NRS by 1985, 350; A 2003, 19th
Special Session, 80)
NRS 392.4633 Corporal punishment prohibited; report of violation; forwarding
of complaint if determined to be substantiated.
1. Corporal punishment must not be
administered upon a pupil in any public school.
2. Subsection 1 does not prohibit any
teacher, principal or other licensed person from defending himself or herself
if attacked by a pupil.
3. A person may report the use of corporal
punishment on a pupil to the agency which provides child welfare services in
the county in which the school district is located. If the agency determines
that the complaint is substantiated, the agency shall forward the complaint to
the Department, the appropriate local law enforcement agency within the county
and the district attorney’s office within the county for further investigation.
4. As used in this section:
(a) “Agency which provides child welfare
services” has the meaning ascribed to it in NRS 432B.030.
(b) “Corporal punishment” means the intentional
infliction of physical pain upon or the physical restraint of a pupil for
disciplinary purposes. The term does not include the use of reasonable and
necessary force:
(1) To quell a disturbance that threatens
physical injury to any person or the destruction of property;
(2) To obtain possession of a weapon or
other dangerous object within a pupil’s control;
(3) For the purpose of self-defense or the
defense of another person; or
(4) To escort a disruptive pupil who
refuses to go voluntarily with the proper authorities.
(Added to NRS by 1960, 60; A 1979, 1616; 1987, 1013; 1993, 2622; 2009, 921)
NRS 392.4635 Policy for prohibition of activities of criminal gangs on school
property.
1. The board of trustees of each school
district shall establish a policy that prohibits the activities of criminal
gangs on school property.
2. The policy established pursuant to
subsection 1 may include, without limitation:
(a) The provision of training for the prevention
of the activities of criminal gangs on school property.
(b) If the policy includes training:
(1) A designation of the grade levels of
the pupils who must receive the training.
(2) A designation of the personnel who
must receive the training, including, without limitation, personnel who are
employed in schools at the grade levels designated pursuant to subparagraph
(1).
Ê The board of
trustees of each school district shall ensure that the training is provided to
the pupils and personnel designated in the policy.
(c) Provisions which prohibit:
(1) A pupil from wearing any clothing or
carrying any symbol on school property that denotes membership in or an
affiliation with a criminal gang; and
(2) Any activity that encourages
participation in a criminal gang or facilitates illegal acts of a criminal
gang.
(d) Provisions which provide for the suspension
or expulsion of pupils who violate the policy.
3. The board of trustees of each school
district may develop the policy required pursuant to subsection 1 in
consultation with:
(a) Local law enforcement agencies;
(b) School police officers, if any;
(c) Persons who have experience regarding the
actions and activities of criminal gangs;
(d) Organizations which are dedicated to
alleviating criminal gangs or assisting members of criminal gangs who wish to
disassociate from the gang; and
(e) Any other person deemed necessary by the
board of trustees.
4. As used in this section, “criminal
gang” has the meaning ascribed to it in NRS
213.1263.
(Added to NRS by 1995, 1426; A 2009, 1195)
NRS 392.4637 Policy concerning use and possession of pagers, cellular
telephones and other electronic devices.
1. The board of trustees of each school
district shall adopt a policy concerning the use and possession by pupils of a
pager, cellular telephone or any other similar electronic device used for
communication while on the premises of a public school or while at an activity
sponsored by a public school.
2. The policy adopted pursuant to
subsection 1 must:
(a) Prescribe appropriate measures for
disciplining a pupil who violates the policy.
(b) Be included within each copy of the rules of
behavior for pupils that the school district provides to pupils pursuant to NRS 392.463.
(Added to NRS by 2003, 493)
NRS 392.4638 Board of trustees authorized to adopt policy for pupils to
report unlawful activity being conducted on school property, activity sponsored
by public school or on school bus.
1. The board of trustees of each school
district may adopt a policy that allows a pupil enrolled in a public school
within the school district to report, anonymously if the pupil chooses, any
unlawful activity which is being conducted on school property, at an activity
sponsored by a public school or on a school bus. The policy may include,
without limitation:
(a) The types of unlawful activities which a
pupil may report; and
(b) The manner in which a pupil may report the
unlawful activities.
2. The board of trustees of a school
district may work in consultation with a local law enforcement agency or other
governmental entity, corporation, business, organization or other entity to
assist the board of trustees in the implementation of a policy adopted pursuant
to subsection 1.
3. If the board of trustees of a school
district adopts a policy pursuant to subsection 1, each public school within
the school district shall post prominently in various locations at the school
the policy adopted pursuant to subsection 1, which must clearly denote the phone
number and any other methods by which a report may be made. If a public school
maintains an Internet website for the school, the policy must also be posted on
the school’s website.
4. If the board of trustees of a school
district adopts a policy pursuant to subsection 1, the board of trustees shall
post the policy on the Internet website maintained by the school district.
(Added to NRS by 2011, 648)
NRS 392.464 Adoption and enforcement by trustees of disciplinary measures
for pupil in possession of alcoholic beverage or controlled substance on
premises of school.
1. The board of trustees of each school
district shall adopt and enforce measures for disciplining any pupil who is
found in possession of an alcoholic beverage or a controlled substance, while
on the premises of any public school in its district.
2. As used in this section, “alcoholic
beverage” has the meaning ascribed to it in NRS
202.015.
(Added to NRS by 1985, 1649; A 1987, 482, 1550, 1576)
Temporary Alternative Placement
NRS 392.4642 “Principal” defined. As
used in NRS 392.4642 to 392.4648,
inclusive, unless the context otherwise requires, “principal” means the
principal of a school or the principal’s designee.
(Added to NRS by 1999, 3185)
NRS 392.4643 Actions taken against pupils with disabilities. An action must not be taken pursuant to the
provisions of NRS 392.4642 to 392.4648, inclusive, against a pupil with a
disability who is participating in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, unless the action
complies with:
1. The Individuals with Disabilities
Education Act, 20 U.S.C. §§ 1400 et seq.;
2. The Americans with Disabilities Act of
1990, 42 U.S.C. §§ 12101 et seq.;
3. Title V of the Rehabilitation Act of
1973, 29 U.S.C. §§ 791 et seq.;
4. Any other federal law applicable to
children with disabilities; and
5. The procedural policy adopted by the
board of trustees of the school district for such matters.
(Added to NRS by 1999, 3188)
NRS 392.4644 Plan for progressive discipline and on-site review of
disciplinary decisions; annual review and revision of plan; posting and
availability of plan; written reports by superintendent of schools, board of
trustees and Superintendent of Public Instruction concerning compliance with
section.
1. The principal of each public school
shall establish a plan to provide for the progressive discipline of pupils and
on-site review of disciplinary decisions. The plan must:
(a) Be developed with the input and participation
of teachers and other educational personnel and support personnel who are
employed at the school, and the parents and guardians of pupils who are enrolled
in the school.
(b) Be consistent with the written rules of
behavior prescribed in accordance with NRS 392.463.
(c) Include, without limitation, provisions
designed to address the specific disciplinary needs and concerns of the school.
(d) Provide for the temporary removal of a pupil
from a classroom in accordance with NRS 392.4645.
2. On or before October 1 of each year,
the principal of each public school shall:
(a) Review the plan in consultation with the
teachers and other educational personnel and support personnel who are employed
at the school;
(b) Based upon the review, make revisions to the
plan, as recommended by the teachers and other educational personnel and
support personnel, if necessary; and
(c) Post a copy of the plan or the revised plan,
as applicable, in a prominent place at the school for public inspection and
otherwise make the plan available for public inspection at the administrative
office of the school.
3. On or before October 1 of each year,
the principal of each public school shall submit a copy of the plan established
pursuant to subsection 1 or a revised plan, if applicable, to the superintendent
of schools of the school district. On or before November 1 of each year, the
superintendent of schools of each school district shall submit a report to the
board of trustees of the school district that includes:
(a) A compilation of the plans submitted pursuant
to this subsection by each school within the school district.
(b) The name of each principal, if any, who has
not complied with the requirements of this section.
4. On or before November 30 of each year,
the board of trustees of each school district shall submit a written report to
the Superintendent of Public Instruction based upon the compilation submitted
pursuant to subsection 3 that reports the progress of each school within the
district in complying with the requirements of this section.
5. On or before December 31 of each year,
the Superintendent of Public Instruction shall submit a written report to the
Director of the Legislative Counsel Bureau concerning the progress of the
schools and school districts throughout this state in complying with this
section. If the report is submitted during:
(a) An even-numbered year, the Director of the
Legislative Counsel Bureau shall transmit it to the next regular session of the
Legislature.
(b) An odd-numbered year, the Director of the Legislative
Counsel Bureau shall transmit it to the Legislative Committee on Education.
(Added to NRS by 1999, 3185; A 2003, 3382)
NRS 392.4645 Removal of pupil from classroom: Notice; assignment to temporary
alternative placement; exceptions.
1. The plan established pursuant to NRS 392.4644 must provide for the temporary removal
of a pupil from a classroom if, in the judgment of the teacher, the pupil has
engaged in behavior that seriously interferes with the ability of the teacher
to teach the other pupils in the classroom and with the ability of the other
pupils to learn. The plan must provide that, upon the removal of a pupil from a
classroom pursuant to this section, the principal of the school shall provide
an explanation of the reason for the removal of the pupil to the pupil and
offer the pupil an opportunity to respond to the explanation. Within 24 hours
after the removal of a pupil pursuant to this section, the principal of the
school shall notify the parent or legal guardian of the pupil of the removal.
2. Except as otherwise provided in
subsection 3, a pupil who is removed from a classroom pursuant to this section
must be assigned to a temporary alternative placement pursuant to which the
pupil:
(a) Is separated, to the extent practicable, from
pupils who are not assigned to a temporary alternative placement;
(b) Studies under the supervision of appropriate
personnel of the school district; and
(c) Is prohibited from engaging in any
extracurricular activity sponsored by the school.
3. The principal shall not assign a pupil
to a temporary alternative placement if the suspension or expulsion of a pupil
who is removed from the classroom pursuant to this section is:
(a) Required by NRS
392.466; or
(b) Authorized by NRS
392.467 and the principal decides to proceed in accordance with that
section.
Ê If the
principal proceeds in accordance with NRS 392.466
or 392.467, the pupil must be removed from school
in accordance with those sections and the provisions of NRS
392.4642 to 392.4648, inclusive, do not apply
to the pupil.
(Added to NRS by 1999, 3185)
NRS 392.4646 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)
NRS 392.4647 Establishment of committee to review temporary alternative
placement of pupils.
1. The principal of each public school
shall establish at least one committee to review the temporary alternative
placement of pupils. A committee established pursuant to this section must
consist of the principal and two regular members who are teachers selected for
membership by a majority of the teachers who are employed at the school. One
additional teacher must be selected in the same manner to serve as an alternate
member.
2. If a pupil is removed from the classroom
pursuant to NRS 392.4645 by a teacher who is a
member of a committee established pursuant to this section, the teacher shall
not participate in the review of the placement of the pupil and the alternate
member shall serve on the committee for that review.
(Added to NRS by 1999, 3187)
NRS 392.4648 Powers and duties of committee to review temporary alternative
placement of pupils. If, in
accordance with subsection 6 of NRS 392.4646, the
principal recommends that a pupil be returned to the classroom from which the
pupil was removed and the teacher who removed the pupil does not agree with the
recommendation, the principal shall continue the temporary alternative
placement of the pupil and shall immediately convene a meeting of the committee
created pursuant to NRS 392.4647. The principal
shall inform the parent or legal guardian of the pupil that the committee will
be conducting a meeting. The committee shall review the circumstances of the
pupil’s removal from the classroom and the pupil’s behavior that caused the
pupil to be removed from the classroom. Based upon its review, the committee
shall assess the best placement available for the pupil and shall, without
limitation:
1. Direct that the pupil be returned to
the classroom from which he or she was removed;
2. Assign the pupil to another appropriate
classroom;
3. Assign the pupil to an alternative
program of education, if available;
4. Recommend the suspension or expulsion
of the pupil in accordance with NRS 392.467; or
5. Take any other appropriate disciplinary
action against the pupil that the committee deems necessary.
(Added to NRS by 1999, 3187)
Habitual Disciplinary Problem; Suspension and Expulsion
NRS 392.4655 Conditions under which pupil deemed habitual disciplinary
problem; plan of behavior to prevent pupil from being deemed habitual
disciplinary problem.
1. Except as otherwise provided in this
section, a principal of a school shall deem a pupil enrolled in the school a
habitual disciplinary problem if the school has written evidence which
documents that in 1 school year:
(a) The pupil has threatened or extorted, or
attempted to threaten or extort, another pupil or a teacher or other personnel
employed by the school;
(b) The pupil has been suspended for initiating
at least two fights on school property, at an activity sponsored by a public
school, on a school bus or, if the fight occurs within 1 hour of the beginning
or end of a school day, on the pupil’s way to or from school; or
(c) The pupil has a record of five suspensions
from the school for any reason.
2. At least one teacher of a pupil who is
enrolled in elementary school and at least two teachers of a pupil who is
enrolled in junior high, middle school or high school may request that the principal
of the school deem a pupil a habitual disciplinary problem. Upon such a
request, the principal of the school shall meet with each teacher who made the
request to review the pupil’s record of discipline. If, after the review, the
principal of the school determines that the provisions of subsection 1 do not
apply to the pupil, a teacher who submitted a request pursuant to this
subsection may appeal that determination to the board of trustees of the school
district. Upon receipt of such a request, the board of trustees shall review
the initial request and determination pursuant to the procedure established by
the board of trustees for such matters.
3. If a pupil is suspended for initiating
a fight described in paragraph (b) of subsection 1 and the fight is the first
such fight that the pupil has initiated during that school year, or if a pupil
receives one suspension on the pupil’s record, the school in which the pupil is
enrolled shall provide written notice to the parent or legal guardian of the pupil
that contains:
(a) A description of the acts committed by the
pupil and the dates on which those acts were committed;
(b) An explanation that if the pupil is suspended
for initiating one additional fight or if the pupil receives five suspensions
on his or her record during the current school year, the pupil will be deemed a
habitual disciplinary problem;
(c) An explanation that, pursuant to subsection 3
of NRS 392.466, a pupil who is deemed a habitual
disciplinary problem must be suspended or expelled from school for a period
equal to at least one school semester;
(d) If the pupil has a disability and is
participating in a program of special education pursuant to NRS 388.520, an explanation of the effect
of subsection 6 of NRS 392.466, including, without
limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that
the pupil’s behavior is not a manifestation of the pupil’s disability, he or
she may be suspended or expelled from school in the same manner as a pupil
without a disability; and
(e) If applicable, a summary of the provisions of
subsection 4.
Ê A school
shall provide the notice required by this subsection for each suspension on the
record of a pupil during a school year. A school may include the notice
required by this subsection with notice that is otherwise provided to the
parent or legal guardian of a pupil which informs the parent or legal guardian
of the act committed by the pupil.
4. If a pupil is suspended for initiating
a fight described in paragraph (b) of subsection 1 and the fight is the first
such fight that the pupil has initiated during that school year, or if a pupil
receives four suspensions on the pupil’s record within 1 school year, the
school in which the pupil is enrolled may develop, in consultation with the
pupil and the parent or legal guardian of the pupil, a plan of behavior for the
pupil. Such a plan must be designed to prevent the pupil from being deemed a
habitual disciplinary problem and may include, without limitation, a voluntary
agreement by:
(a) The parent or legal guardian to attend school
with his or her child.
(b) The pupil and the pupil’s parent or legal
guardian to attend counseling, programs or services available in the school
district or community.
(c) The pupil and the pupil’s parent or legal
guardian that the pupil will attend summer school, intersession school or
school on Saturday, if any of those alternatives are offered by the school
district.
Ê If the pupil
commits the same act for which notice was provided pursuant to subsection 3
after he or she enters into a plan of behavior, the pupil shall be deemed a
habitual disciplinary problem.
5. If a pupil commits an act the
commission of which qualifies the pupil to be deemed a habitual disciplinary
problem pursuant to subsection 1, the school shall provide written notice to
the parent or legal guardian of the pupil that contains:
(a) A description of the qualifying act and any
previous such acts committed by the pupil and the dates on which those acts
were committed;
(b) An explanation that pursuant to subsection 3
of NRS 392.466, a pupil who is a habitual
disciplinary problem must be suspended or expelled from school for a period
equal to at least one school semester;
(c) If the pupil has a disability and is
participating in a program of special education pursuant to NRS 388.520, an explanation of the effect
of subsection 6 of NRS 392.466, including, without
limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that
the pupil’s behavior is not a manifestation of the pupil’s disability, he or
she may be suspended or expelled from school in the same manner as a pupil
without a disability; and
(d) If applicable, a summary of the provisions of
subsection 6.
Ê The school
shall provide the notice at least 7 days before the school deems the pupil a
habitual disciplinary problem. A school may include the notice required by this
subsection with notice that is otherwise provided to the parent or legal
guardian of a pupil which informs the parent or legal guardian of the act
committed by the pupil.
6. Before a school deems a pupil a
habitual disciplinary problem and suspends or expels the pupil, the school may
develop, in consultation with the pupil and the parent or legal guardian of the
pupil, a plan of behavior for the pupil. Such a plan must be designed to
prevent the pupil from being deemed a habitual disciplinary problem and may include,
without limitation, a voluntary agreement by:
(a) The parent or legal guardian to attend school
with his or her child.
(b) The pupil and the pupil’s parent or legal
guardian to attend counseling, programs or services available in the school
district or community.
(c) The pupil and the pupil’s parent or legal
guardian that the pupil will attend summer school, intersession school or
school on Saturday, if any of those alternatives are offered by the school
district.
Ê If the pupil
violates the conditions of the plan or commits the same act for which notice
was provided pursuant to subsection 5 after he or she enters into a plan of
behavior, the pupil shall be deemed a habitual disciplinary problem.
7. A pupil may, pursuant to the provisions
of this section, enter into one plan of behavior per school year.
8. The parent or legal guardian of a pupil
who has entered into a plan of behavior with a school pursuant to this section
may appeal to the board of trustees of the school district a determination made
by the school concerning the contents of the plan of behavior or action taken
by the school pursuant to the plan of behavior. Upon receipt of such a request,
the board of trustees of the school district shall review the determination in
accordance with the procedure established by the board of trustees for such
matters.
(Added to NRS by 1997, 2489; A 1999, 2110)
NRS 392.4657 Conditions under which pupil deemed suspended. A pupil shall be deemed suspended from school
if the school in which the pupil is enrolled:
1. Prohibits the pupil from attending
school for 3 or more consecutive days; and
2. Requires a conference or some other
form of communication with the parent or legal guardian of the pupil before the
pupil is allowed to return to school.
(Added to NRS by 1999, 2110)
NRS 392.466 Suspension or expulsion of pupil for battery on employee of school,
possession of firearm or dangerous weapon, sale or distribution of controlled
substance or status as habitual disciplinary problem; limitations for pupils
with disabilities.
1. Except as otherwise provided in this
section, any pupil who commits a battery which results in the bodily injury of
an employee of the school or who sells or distributes any controlled substance
while on the premises of any public school, at an activity sponsored by a
public school or on any school bus must, for the first occurrence, be suspended
or expelled from that school, although the pupil may be placed in another kind
of school, for at least a period equal to one semester for that school. For a
second occurrence, the pupil must be permanently expelled from that school and:
(a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or
(b) Enroll in a program of independent study
provided pursuant to NRS 389.155 for
pupils who have been suspended or expelled from public school or a program of
distance education provided pursuant to NRS
388.820 to 388.874, inclusive, if
the pupil qualifies for enrollment and is accepted for enrollment in accordance
with the requirements of the applicable program.
2. Except as otherwise provided in this
section, any pupil who is found in possession of a firearm or a dangerous
weapon while on the premises of any public school, at an activity sponsored by
a public school or on any school bus must, for the first occurrence, be
expelled from the school for a period of not less than 1 year, although the
pupil may be placed in another kind of school for a period not to exceed the
period of the expulsion. For a second occurrence, the pupil must be permanently
expelled from the school and:
(a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or
(b) Enroll in a program of independent study
provided pursuant NRS 389.155 for
pupils who have been suspended or expelled from public school or a program of
distance education provided pursuant to NRS
388.820 to 388.874, inclusive, if
the pupil qualifies for enrollment and is accepted for enrollment in accordance
with the requirements of the applicable program.
Ê The
superintendent of schools of a school district may, for good cause shown in a
particular case in that school district, allow a modification to the expulsion
requirement of this subsection if such modification is set forth in writing.
3. Except as otherwise provided in this
section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be suspended or expelled
from the school for a period equal to at least one semester for that school.
For the period of the pupil’s suspension or expulsion, the pupil must:
(a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or
(b) Enroll in a program of independent study
provided pursuant to NRS 389.155 for
pupils who have been suspended or expelled from public school or a program of
distance education provided pursuant to NRS
388.820 to 388.874, inclusive, if
the pupil qualifies for enrollment and is accepted for enrollment in accordance
with the requirements of the applicable program.
4. This section does not prohibit a pupil
from having in his or her possession a knife or firearm with the approval of
the principal of the school. A principal may grant such approval only in
accordance with the policies or regulations adopted by the board of trustees of
the school district.
5. Any pupil in grades 1 to 6, inclusive,
except a pupil who has been found to have possessed a firearm in violation of
subsection 2, may be suspended from school or permanently expelled from school
pursuant to this section only after the board of trustees of the school
district has reviewed the circumstances and approved this action in accordance
with the procedural policy adopted by the board for such issues.
6. A pupil who is 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 board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this
section for not more than 10 days. Such a suspension may be imposed pursuant to
this paragraph for each occurrence of conduct proscribed by subsection 1.
(b) Suspended from school for more than 10 days
or permanently expelled from school pursuant to this section only after the
board of trustees of the school district 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.
7. As used in this section:
(a) “Battery” has the meaning ascribed to it in
paragraph (a) of subsection 1 of NRS
200.481.
(b) “Dangerous weapon” includes, without
limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles,
dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any
other knife described in NRS 202.350,
or any other object which is used, or threatened to be used, in such a manner
and under such circumstances as to pose a threat of, or cause, bodily injury to
a person.
(c) “Firearm” includes, without limitation, any
pistol, revolver, shotgun, explosive substance or device, and any other item
included within the definition of a “firearm” in 18 U.S.C. § 921, as that
section existed on July 1, 1995.
8. The provisions of this section do not
prohibit a pupil who is suspended or expelled from enrolling in a charter
school that is designed exclusively for the enrollment of pupils with
disciplinary problems if the pupil is accepted for enrollment by the charter
school pursuant to NRS 386.580. Upon
request, the governing body of a charter school must be provided with access to
the records of the pupil relating to the pupil’s suspension or expulsion in
accordance with applicable federal and state law before the governing body
makes a decision concerning the enrollment of the pupil.
(Added to NRS by 1985, 1648; A 1987, 1550; 1989, 429; 1991, 628, 1364; 1993, 2161; 1995, 2710; 1997, 2489; 1999, 2113, 3317; 2001, 1022; 2003, 19th
Special Session, 81; 2005, 1539; 2007, 1997, 3038; 2009, 756)
NRS 392.467 Suspension or expulsion of pupil: Procedure; limitation.
1. Except as otherwise provided in
subsections 4 and 5, the board of trustees of a school district may authorize
the suspension or expulsion of any pupil from any public school within the
school district.
2. Except as otherwise provided in
subsection 5, no pupil may be suspended or expelled until the pupil has been
given notice of the charges against him or her, an explanation of the evidence
and an opportunity for a hearing, except that 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 is found
to be in possession of a dangerous weapon as provided in NRS
392.466 may be removed from the school immediately upon being given an
explanation of the reasons for his or her removal and pending proceedings, to
be conducted as soon as practicable after removal, for the pupil’s suspension
or expulsion.
3. The provisions of chapter 241 of NRS do not apply to any hearing
conducted pursuant to this section. Such hearings must be closed to the public.
4. The board of trustees of a school
district shall not authorize the expulsion, suspension or removal of any pupil
from the public school system solely because the pupil is declared a truant or
habitual truant in accordance with NRS 392.130 or 392.140.
5. A pupil who is 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 board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this
section for not more than 10 days.
(b) Suspended from school for more than 10 days
or permanently expelled from school pursuant to this section only after the
board of trustees of the school district 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.
[362:32:1956]—(NRS A 1959, 808; 1967, 457; 1975,
1471; 1977, 609;
1985, 1649;
1989, 73; 1991, 1365; 1993, 2162; 2009, 758)
NRS 392.4675 Certain suspended or expelled pupils ineligible to attend public
school; authority for school district or charter school to enroll ineligible
pupil in alternative programs, independent study, distance education or charter
school designated for pupils with disciplinary problems.
1. Except as otherwise provided in this
section, a pupil who is suspended or expelled from:
(a) Any public school in this State pursuant to NRS 392.466; or
(b) Any school outside of this State for the
commission of any act which, if committed within this State, would be a ground
for suspension or expulsion from public school pursuant to NRS 392.466,
Ê is
ineligible to attend any public school in this State during the period of that
suspension or expulsion.
2. A school district or a charter school,
if the charter school offers the applicable program, may allow a pupil who is
ineligible to attend a public school pursuant to this section to enroll in:
(a) An alternative program for the education of
pupils at risk of dropping out of school provided pursuant to NRS 388.537;
(b) A program of independent study provided
pursuant to NRS 389.155 for pupils who
have been suspended or expelled from public school;
(c) A program of distance education provided
pursuant to NRS 388.820 to 388.874, inclusive; or
(d) Any program of instruction offered pursuant
to the provisions of NRS 388.550,
Ê if the pupil
qualifies for enrollment and is accepted for enrollment in accordance with the
requirements of the applicable program. A school district or charter school may
conduct an investigation of the background of any such pupil to determine if
the educational needs of the pupil may be satisfied without undue disruption to
the program. If an investigation is conducted, the board of trustees of the
school district or the governing body of the charter school shall, based on the
results of the investigation, determine if the pupil will be allowed to enroll
in such a program.
3. The provisions of subsections 1 and 2
do not prohibit a pupil from enrolling in a charter school that is designed
exclusively for the enrollment of pupils with disciplinary problems if the
pupil is accepted for enrollment by the charter school pursuant to NRS 386.580. Upon request, the governing
body of a charter school must be provided with access to the records of the
pupil relating to the pupil’s suspension or expulsion in accordance with
applicable federal and state law before the governing body makes a decision concerning
the enrollment of the pupil.
(Added to NRS by 1993, 2306; A 1997, 2491; 2005, 1541; 2007, 1999)
CRISIS AND EMERGENCY RESPONSE IN PUBLIC SCHOOLS
NRS 392.600 Definitions. As
used in NRS 392.600 to 392.656,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 392.604 to 392.612,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 1323; A 2011, 1074)
NRS 392.604 “Crisis” defined. “Crisis”
means a traumatic and sudden event or emergency condition that:
1. Involves violence;
2. Profoundly and negatively affects or
will affect pupils or employees of a public school, or both;
3. Occurs on the property of a public
school, at an activity sponsored by a public school or on a school bus while
the bus is engaged in its official duties for a public school; and
4. May involve serious injury or death.
(Added to NRS by 2001, 1323)
NRS 392.608 “Development committee” defined. “Development
committee” means a committee established pursuant to NRS
392.616.
(Added to NRS by 2001, 1323)
NRS 392.609 “Emergency” defined. “Emergency”
means an occurrence or threatened occurrence for which action is necessary to
save lives, protect property or to protect the health and safety of persons, or
to avert the threat of damage to property or injury to persons, on the property
of a public school, at an activity sponsored by a public school or on a school
bus while the bus is engaged in its official duties for a public school.
(Added to NRS by 2011, 1073)
NRS 392.610 “Local organization for emergency management” defined. “Local organization for emergency management”
has the meaning ascribed to it in NRS
414.036.
(Added to NRS by 2011, 1074)
NRS 392.612 “School committee” defined. “School
committee” means a committee established pursuant to NRS
392.628.
(Added to NRS by 2001, 1323)
NRS 392.616 Development committee: Establishment by school districts and
charter schools; membership; terms of members.
1. The board of trustees of each school
district shall establish a development committee to develop one plan to be used
by all the public schools other than the charter schools in the school district
in responding to a crisis or an emergency. The governing body of each charter
school shall establish a development committee to develop a plan to be used by
the charter school in responding to a crisis or an emergency.
2. The membership of a development
committee must consist of:
(a) At least one member of the board of trustees
or of the governing body that established the committee;
(b) At least one administrator of a school in the
school district or of the charter school;
(c) At least one licensed teacher of a school in
the school district or of the charter school;
(d) At least one employee of a school in the
school district or of the charter school who is not a licensed teacher and who
is not responsible for the administration of the school;
(e) At least one parent or legal guardian of a
pupil who is enrolled in a school in the school district or in the charter
school;
(f) At least one representative of a local law
enforcement agency in the county in which the school district or charter school
is located;
(g) At least one school police officer,
including, without limitation, a chief of school police of the school district
if the school district has school police officers; and
(h) At least one representative of a state or
local organization for emergency management.
3. The membership of a development
committee may also include any other person whom the board of trustees or the
governing body deems appropriate, including, without limitation:
(a) A counselor of a school in the school
district or of the charter school;
(b) A psychologist of a school in the school
district or of the charter school;
(c) A licensed social worker of a school in the
school district or of the charter school;
(d) A pupil in grade 10 or higher of a school in
the school district or a pupil in grade 10 or higher of the charter school if a
school in the school district or the charter school includes grade 10 or
higher; and
(e) An attorney or judge who resides or works in
the county in which the school district or charter school is located.
4. The board of trustees of each school
district and the governing body of each charter school shall determine the term
of each member of the development committee that it establishes. Each
development committee may adopt rules for its own management and government.
(Added to NRS by 2001, 1323; A 2011, 1074)
NRS 392.620 Development committee: Development of plan to be used by schools
in responding to crisis or emergency; submission of plan to board of trustees
or governing body of charter school; compliance with plan required.
1. Each development committee established
by the board of trustees of a school district shall develop one plan to be used
by all the public schools other than the charter schools in the school district
in responding to a crisis or an emergency. Each development committee
established by the governing body of a charter school shall develop a plan to
be used by the charter school in responding to a crisis or an emergency. Each
development committee shall, when developing the plan, consult with:
(a) The local social service agencies and local
law enforcement agencies in the county in which its school district or charter
school is located.
(b) The director of the local organization for
emergency management or, if there is no local organization for emergency
management, with the Chief of the Division of Emergency Management of the
Department of Public Safety or his or her designee.
2. The plan developed pursuant to
subsection 1 must include, without limitation, a procedure for:
(a) Assisting persons within a school in the
school district or the charter school to communicate with each other;
(b) Assisting persons within a school in the
school district or the charter school to communicate with persons located
outside the school, including, without limitation, relatives of pupils and
relatives of employees of the school, the news media and persons from local,
state or federal agencies that are responding to a crisis or an emergency;
(c) Immediately responding to a crisis or an
emergency and for responding during the period after a crisis or an emergency
has concluded, including, without limitation, a crisis or an emergency that
results in immediate physical harm to a pupil or employee of a school in the
school district or the charter school;
(d) Assisting pupils of a school in the school
district or the charter school, employees of the school and relatives of such
pupils and employees to move safely within and away from the school, including,
without limitation, a procedure for evacuating the school and a procedure for
securing the school; and
(e) Enforcing discipline within a school in the
school district or the charter school and for obtaining and maintaining a safe
and orderly environment during a crisis or an emergency.
3. Each development committee shall
provide a copy of the plan that it develops pursuant to this section to the
board of trustees of the school district that established the committee or the
governing body of the charter school that established the committee.
4. Except as otherwise provided in NRS 392.632 and 392.636,
each public school, including, without limitation, each charter school, must
comply with the plan developed for it pursuant to this section.
(Added to NRS by 2001, 1324; A 2011, 1075)
NRS 392.624 Annual review and update of plan for responding to crisis or
emergency; maintenance, posting and distribution of plan; annual training for
school employees in responding to crisis or emergency; acceptance of gifts and
grants.
1. Each development committee shall, at
least once each year, review and update as appropriate the plan that it
developed pursuant to NRS 392.620. In reviewing and
updating the plan, the development committee shall consult with the director of
the local organization for emergency management or, if there is no local
organization for emergency management, with the Chief of the Division of
Emergency Management of the Department of Public Safety or his or her designee.
2. Each development committee shall
provide an updated copy of the plan to the board of trustees of the school
district that established the committee or the governing body of the charter
school that established the committee.
3. The board of trustees of each school
district and the governing body of each charter school shall:
(a) Post a notice of the completion of each
review and update that its development committee performs pursuant to
subsection 1 at each school in its school district or at its charter school;
(b) Post a copy of NRS
392.600 to 392.656, inclusive, at each school
in its school district or at its charter school;
(c) Retain a copy of each plan developed pursuant
to NRS 392.620, each plan updated pursuant to
subsection 1 and each deviation approved pursuant to NRS
392.636;
(d) Provide a copy of each plan developed
pursuant to NRS 392.620 and each plan updated
pursuant to subsection 1 to:
(1) The State Board;
(2) Each local law enforcement agency in
the county in which the school district or charter school is located;
(3) The Division of Emergency Management
of the Department of Public Safety; and
(4) The local organization for emergency
management, if any;
(e) Upon request, provide a copy of each plan
developed pursuant to NRS 392.620 and each plan
updated pursuant to subsection 1 to a local agency that is included in the plan
and to an employee of a school who is included in the plan;
(f) Upon request, provide a copy of each
deviation approved pursuant to NRS 392.636 to:
(1) The State Board;
(2) A local law enforcement agency in the
county in which the school district or charter school is located;
(3) The Division of Emergency Management
of the Department of Public Safety;
(4) The local organization for emergency
management, if any;
(5) A local agency that is included in the
plan; and
(6) An employee of a school who is
included in the plan; and
(g) At least once each year, provide training in
responding to a crisis and training in responding to an emergency to each
employee of the school district or of the charter school, including, without
limitation, training concerning drills for evacuating and securing schools.
4. The board of trustees of each school
district and the governing body of each charter school may apply for and accept
gifts, grants and contributions from any public or private source to carry out
the provisions of NRS 392.600 to 392.656, inclusive.
(Added to NRS by 2001, 1325; A 2011, 1075)
NRS 392.628 School committee: Establishment; membership; terms of members.
1. The principal of each public school,
including, without limitation, each charter school, shall establish a school
committee to review the plan developed for the school pursuant to NRS 392.620.
2. The membership of a school committee
must consist of:
(a) The principal of the school;
(b) Two licensed employees of the school;
(c) One employee of the school who is not a
licensed employee and who is not responsible for the administration of the
school;
(d) One school police officer of the school if
the school has school police officers; and
(e) One parent or legal guardian of a pupil who
is enrolled in the school.
3. The membership of a school committee
may also include any other person whom the principal of the school deems
appropriate, including, without limitation:
(a) A member of the board of trustees of the
school district in which the school is located or a member of the governing
body of the charter school;
(b) A counselor of the school;
(c) A psychologist of the school;
(d) A licensed social worker of the school;
(e) A representative of a local law enforcement
agency in the county, city or town in which the school is located; and
(f) A pupil in grade 10 or higher from the school
if the school includes grade 10 or higher.
4. The principal of a public school,
including, without limitation, a charter school, shall determine the term of
each member of the school committee. Each school committee may adopt rules for
its own management and government.
(Added to NRS by 2001, 1326)
NRS 392.632 School committee: Annual review of plan prepared by development
committee; determination whether to request deviation from plan; notice of
review.
1. Each school committee shall, at least
once each year, review the plan developed for the school pursuant to NRS 392.620 and determine whether the school should
deviate from the plan.
2. Each school committee shall, when
reviewing the plan, consult with:
(a) The local social service agencies and law
enforcement agencies in the county, city or town in which its school is
located.
(b) The director of the local organization for
emergency management or, if there is no local organization for emergency
management, with the Chief of the Division of Emergency Management of the
Department of Public Safety or his or her designee.
3. If a school committee determines that
the school should deviate from the plan, the school committee shall notify the
development committee that developed the plan, describe the proposed deviation
and explain the reason for the proposed deviation. The school may deviate from
the plan only if the deviation is approved by the development committee
pursuant to NRS 392.636.
4. Each public school, including, without
limitation, each charter school, shall post at the school a notice of the
completion of each review that the school committee performs pursuant to this
section.
(Added to NRS by 2001, 1326; A 2011, 1076)
NRS 392.636 Review by development committee of proposed deviation from plan;
notice of approval or denial; submission of copy of approved deviation to board
of trustees or governing body.
1. A development committee that receives a
proposed deviation from a school committee pursuant to NRS
392.632 shall, within 60 days after it receives the proposed deviation:
(a) Review the proposed deviation and any
information submitted with the proposed deviation; and
(b) Notify the school committee that submitted
the proposed deviation whether the proposed deviation has been approved.
2. A development committee shall provide a
copy of each deviation that it approves pursuant to this section to the board
of trustees of the school district that established the committee or to the
governing body of the charter school that established the committee.
(Added to NRS by 2001, 1326)
NRS 392.640 State Board: Development of plan for management of crisis or
emergency; authorized dissemination of plan prepared by State Board or
development committee.
1. The State Board shall, with assistance
from other state agencies, including, without limitation, the Division of
Emergency Management, the Investigation Division, and the Nevada Highway Patrol
Division of the Department of Public Safety, develop a plan for the management
of a crisis or an emergency that involves a public school, including, without
limitation, a charter school, or a private school and that requires immediate
action. The plan must include, without limitation, a procedure for coordinating
the resources of local, state and federal agencies, officers and employees, as
appropriate. In developing the plan, the State Board shall consider the plans
developed pursuant to NRS 392.620 and 394.1687 and updated pursuant to NRS 392.624 and 394.1688.
2. The State Board may disseminate to any
appropriate local, state or federal agency, officer or employee, as the State
Board determines is necessary:
(a) The plan developed by the State Board pursuant
to subsection 1;
(b) A plan developed pursuant to NRS 392.620 or updated pursuant to NRS 392.624;
(c) A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688; and
(d) A deviation approved pursuant to NRS 392.636 or 394.1692.
(Added to NRS by 2001, 1327; A 2011, 1077)
NRS 392.644 State Board: Adoption of regulations concerning development of
plans in responding to crisis or emergency, review of proposed deviations and
requirements for training.
1. The State Board shall adopt regulations
setting forth requirements for:
(a) The plan required to be developed pursuant to
NRS 392.620; and
(b) Reviewing and approving a deviation pursuant
to NRS 392.636.
2. The regulations adopted pursuant to
this section must include, without limitation, requirements concerning training
and practice in procedures for responding to a crisis or an emergency.
(Added to NRS by 2001, 1327; A 2011, 1077)
NRS 392.648 Duties of principal if crisis or emergency occurs at school;
determination by local agency whether crisis or emergency requires assistance
from state agency; duties of Division of Emergency Management of Department of
Public Safety.
1. If a crisis or an emergency that
requires immediate action occurs at a public school, including, without
limitation, a charter school, the principal of the school involved, or the
principal’s designated representative, shall, in accordance with the plan
developed for the school pursuant to NRS 392.620
and in accordance with any deviation approved pursuant to NRS 392.636, contact all appropriate local agencies to
respond to the crisis or the emergency.
2. If a local agency that is responsible
for responding to a crisis or an emergency is contacted pursuant to subsection
1 and the local agency determines that the crisis or the emergency requires
assistance from a state agency, the local agency may:
(a) If a local organization for emergency
management has been established in the city or county in which the local agency
that was contacted is located, through such local organization for emergency
management, notify the Division of Emergency Management of the Department of
Public Safety of the crisis or the emergency and request assistance from the
Division in responding to the crisis or the emergency; or
(b) If a local organization for emergency
management has not been established in the city or county in which the local
agency that was contacted is located, directly notify the Division of Emergency
Management of the Department of Public Safety of the crisis or the emergency
and request assistance from the Division in responding to the crisis or the
emergency.
3. If the Division of Emergency Management
of the Department of Public Safety receives notification of a crisis or an
emergency and a request for assistance pursuant to subsection 2 and the
Governor or the Governor’s designated representative determines that the crisis
or the emergency requires assistance from a state agency, the Division shall
carry out its duties set forth in the plan developed pursuant to NRS 392.640 and its duties set forth in chapter 414 of NRS, including, without
limitation, addressing the immediate crisis or emergency and coordinating the
appropriate and available local, state and federal resources to provide support
services and counseling to pupils, teachers, and parents or legal guardians of
pupils, and providing support for law enforcement agencies, for as long as is
reasonably necessary.
(Added to NRS by 2001, 1327; A 2011, 1077)
NRS 392.652 Confidentiality of plans, approved deviations and certain other
information. A plan developed
pursuant to NRS 392.620 or updated pursuant to NRS 392.624, a deviation and any information submitted
to a development committee pursuant to NRS 392.632,
a deviation approved pursuant to NRS 392.636 and
the plan developed pursuant to NRS 392.640 are
confidential and, except as otherwise provided in NRS 239.0115 and 392.600
to 392.656, inclusive, must not be disclosed to any
person or government, governmental agency or political subdivision of a
government.
(Added to NRS by 2001, 1328; A 2007, 2100)
NRS 392.656 Inapplicability of Open Meeting Law to development committee,
school committee and certain meetings of State Board related to crisis and
emergency response. The provisions
of chapter 241 of NRS do not apply to a
meeting of:
1. A development committee;
2. A school committee; or
3. The State Board if the meeting concerns
a regulation adopted pursuant to NRS 392.644 or the
plan developed pursuant to NRS 392.640.
(Added to NRS by 2001, 1328)
HOMESCHOOLED CHILDREN
NRS 392.700 Notice of intent to homeschool; release of child’s records;
participation in examinations; educational plan; discrimination prohibited.
1. If the parent of a child who is subject
to compulsory attendance wishes to homeschool the child, the parent must file
with the superintendent of schools of the school district in which the child
resides a written notice of intent to homeschool the child. The Department
shall develop a standard form for the notice of intent to homeschool. The form
must not require any information or assurances that are not otherwise required
by this section or other specific statute. The board of trustees of each school
district shall, in a timely manner, make only the form developed by the
Department available to parents who wish to homeschool their child.
2. The notice of intent to homeschool must
be filed before beginning to homeschool the child or:
(a) Not later than 10 days after the child has
been formally withdrawn from enrollment in public school; or
(b) Not later than 30 days after establishing
residency in this State.
3. The purpose of the notice of intent to
homeschool is to inform the school district in which the child resides that the
child is exempt from the requirement of compulsory attendance.
4. If the name or address of the parent or
child as indicated on a notice of intent to homeschool changes, the parent
must, not later than 30 days after the change, file a new notice of intent to
homeschool with the superintendent of schools of the school district in which
the child resides.
5. A notice of intent to homeschool must
include only the following:
(a) The full name, age and gender of the child;
(b) The name and address of each parent filing
the notice of intent to homeschool;
(c) A statement signed and dated by each such
parent declaring that the parent has control or charge of the child and the
legal right to direct the education of the child, and assumes full
responsibility for the education of the child while the child is being
homeschooled;
(d) An educational plan for the child that is
prepared pursuant to subsection 12;
(e) If applicable, the name of the public school
in this State which the child most recently attended; and
(f) An optional statement that the parent may
sign which provides:
I expressly prohibit the release of
any information contained in this document, including, without limitation,
directory information as defined in 20 U.S.C. § 1232g(a)(5)(A), without my
prior written consent.
6. Each superintendent of schools of a
school district shall accept notice of intent to homeschool that is filed with
the superintendent pursuant to this section and meets the requirements of
subsection 5, and shall not require or request any additional information or
assurances from the parent who filed the notice.
7. The school district shall provide to a
parent who files a notice a written acknowledgment which clearly indicates that
the parent has provided notification required by law and that the child is
being homeschooled. The written acknowledgment shall be deemed proof of
compliance with Nevada’s compulsory school attendance law. The school district
shall retain a copy of the written acknowledgment for not less than 15 years.
The written acknowledgment may be retained in electronic format.
8. The superintendent of schools of a
school district shall process a written request for a copy of the records of
the school district, or any information contained therein, relating to a child
who is being or has been homeschooled not later than 5 days after receiving the
request. The superintendent of schools may only release such records or
information:
(a) To a person or entity specified by the parent
of the child, or by the child if the child is at least 18 years of age, upon
suitable proof of identity of the parent or child; or
(b) If required by specific statute.
9. If a child who is or was homeschooled
seeks admittance or entrance to any school in this State, the school may use
only commonly used practices in determining the academic ability, placement or
eligibility of the child. If the child enrolls in a charter school, the charter
school shall, to the extent practicable, notify the board of trustees of the
school district in which the child resides of the child’s enrollment in the
charter school. Regardless of whether the charter school provides such
notification to the board of trustees, the charter school may count the child
who is enrolled for the purposes of the calculation of basic support pursuant
to NRS 387.1233. A homeschooled child
seeking admittance to public high school must comply with NRS 392.033.
10. A school or organization shall not
discriminate in any manner against a child who is or was homeschooled.
11. Each school district shall allow
homeschooled children to participate in all college entrance examinations
offered in this State, including, without limitation, the SAT, the ACT, the
Preliminary SAT and the National Merit Scholarship Qualifying Test. Each school
district shall ensure that the homeschooled children who reside in the school
district have adequate notice of the availability of information concerning
such examinations on the Internet website of the school district maintained pursuant
to NRS 389.004.
12. The parent of a child who is being
homeschooled shall prepare an educational plan of instruction for the child in
the subject areas of English, including reading, composition and writing,
mathematics, science and social studies, including history, geography,
economics and government, as appropriate for the age and level of skill of the
child as determined by the parent. The educational plan must be included in the
notice of intent to homeschool filed pursuant to this section. If the
educational plan contains the requirements of this section, the educational
plan must not be used in any manner as a basis for denial of a notice of intent
to homeschool that is otherwise complete. The parent must be prepared to
present the educational plan of instruction and proof of the identity of the
child to a court of law if required by the court. This subsection does not
require a parent to ensure that each subject area is taught each year that the
child is homeschooled.
13. No regulation or policy of the State
Board, any school district or any other governmental entity may infringe upon
the right of a parent to educate his or her child based on religious preference
unless it is:
(a) Essential to further a compelling
governmental interest; and
(b) The least restrictive means of furthering
that compelling governmental interest.
14. As used in this section, “parent”
means the parent, custodial parent, legal guardian or other person in this
State who has control or charge of a child and the legal right to direct the
education of the child.
(Added to NRS by 2007, 3032; A 2011, 3063;
2013, 3283)
NRS 392.705 Form for participation in programs and activities at public
school or through Nevada Interscholastic Activities Association.
1. The Department shall develop a standard
form for the notice of intent of a homeschooled child to participate in
programs and activities. The board of trustees of each school district shall,
in a timely manner, make only the form developed by the Department available to
parents of homeschooled children.
2. The notice developed pursuant to
subsection 1 must include the information required in the notice of intent to
homeschool pursuant to NRS 392.700, excluding the
educational plan for the homeschooled child.
3. If a homeschooled child wishes to
participate in classes, activities, programs, sports or interscholastic
activities and events at a public school or through a school district, or
through the Nevada Interscholastic Activities Association, the parent of the
child must file a current notice of intent to participate with the school
district in which the child resides.
(Added to NRS by 2007, 3034)
MISCELLANEOUS PROVISIONS
NRS 392.850 Provision of information to certain employees regarding unlawful
conduct of pupil; immunity from liability under certain circumstances;
confidentiality of information.
1. The board of trustees of a county
school district, or its designee, shall inform each employee of the district,
including teachers, other licensed employees, drivers of school buses,
instructional aides and office managers, who may have consistent contact with a
pupil if that pupil has, within the preceding 3 years, unlawfully caused or
attempted to cause serious bodily injury to any person. The district shall
provide this information based upon any written records that the district
maintains or which it receives from a law enforcement agency or a court. The
district need not initiate a request for such information from any source.
2. A school district and the members of
its board of trustees are not liable for failure strictly to comply with this
section if a good faith effort to comply is made.
3. Except as otherwise provided in NRS 239.0115, any information received by
an employee pursuant to this section is confidential and must not be further
disseminated by the employee.
(Added to NRS by 1991, 981; A 1997, 1362; 2007, 2100)
NRS 392.855 Policy for procedures to be followed by peace officers in
arresting pupil on school grounds during school hours.
1. The board of trustees of each school
district, in conjunction with the school police officers of the school
district, if any, and the local law enforcement agencies that have jurisdiction
over the school district, shall establish a policy for the procedures which
must be followed by a peace officer in arresting a pupil on school grounds
during school hours. The policy must include the circumstances under which the
chief administrative officer of a school must be notified of the arrest of a
pupil.
2. Each law enforcement agency that has
jurisdiction over any part of a school district shall adopt the policy which is
established pursuant to subsection 1.
(Added to NRS by 1993, 853)
NRS 392.860 Employee of school district prohibited from disclosing certain
information about status of pupil placed in foster home. An employee of a school district, including,
without limitation, a teacher, an administrator or an instructional aide, shall
not disclose to any person who is not employed by the school district the fact
that a pupil is a child who has been placed in a foster home or any related
information.
(Added to NRS by 2011, 654)
UNLAWFUL ACTS
NRS 392.900 Interference with pupil attending school; penalty.
1. It is unlawful for any person, against
the will of a pupil attending any public school, to beat, whip, detain or
otherwise interfere with the pupil while the pupil is on his or her way to and
from school.
2. Any person who violates any of the
provisions of this section shall be guilty of a misdemeanor.
[407:32:1956]—(NRS A 1967, 566)
NRS 392.910 Disturbance of school; assaulting pupil or school employee;
interference with persons peaceably assembled within school; penalties.
1. It is unlawful for any person to
disturb the peace of any public school by using vile or indecent language
within the building or grounds of the school. Any person who violates any of
the provisions of this subsection is guilty of a misdemeanor.
2. It is unlawful for any person to
assault any pupil or school employee:
(a) Within the building or grounds of the school;
(b) On a bus, van or any other motor vehicle
owned, leased or chartered by a school district to transport pupils or school
employees; or
(c) At a location where the pupil or school
employee is involved in an activity sponsored by a public school.
Ê Except under
circumstances described in paragraph (c) or (d) of subsection 2 of NRS 200.471 or in NRS 200.571, any person who violates any
of the provisions of this subsection is guilty of a misdemeanor.
3. It is unlawful for any person
maliciously and purposely in any manner to interfere with or disturb any
persons peaceably assembled within a building of a public school for school
district purposes. Any person who violates any of the provisions of this
subsection is guilty of a misdemeanor.
4. For the purposes of this section
“school employee” means any licensed or unlicensed person employed by a board
of trustees of a school district pursuant to NRS
391.100.
[408:32:1956]—(NRS A 1967, 566; 1979, 1617; 1993, 239; 2001 Special
Session, 185; 2003,
2)
NRS 392.915 Threatening to cause bodily harm or death to pupil or school
employee by means of oral, written or electronic communication; penalties.
1. A person shall not, through the use of
any means of oral, written or electronic communication, including, without
limitation, through the use of cyber-bullying, knowingly threaten to cause
bodily harm or death to a pupil or employee of a school district or charter
school with the intent to:
(a) Intimidate, harass, frighten, alarm or
distress a pupil or employee of a school district or charter school;
(b) Cause panic or civil unrest; or
(c) Interfere with the operation of a public
school, including, without limitation, a charter school.
2. Unless a greater penalty is provided by
specific statute, a person who violates the provisions of subsection 1 is
guilty of:
(a) A misdemeanor, unless the provisions of
paragraph (b) apply to the circumstances.
(b) A gross misdemeanor, if the threat causes:
(1) Any pupil or employee of a school
district or charter school who is the subject of the threat to be intimidated,
harassed, frightened, alarmed or distressed;
(2) Panic or civil unrest; or
(3) Interference with the operation of a
public school, including, without limitation, a charter school.
3. As used in this section:
(a) “Cyber-bullying” has the meaning ascribed to
it in NRS 388.123.
(b) “Oral, written or electronic communication”
includes, without limitation, any of the following:
(1) A letter, note or any other type of
written correspondence.
(2) An item of mail or a package delivered
by any person or postal or delivery service.
(3) A telegraph or wire service, or any
other similar means of communication.
(4) A telephone, cellular phone, satellite
phone, page or facsimile machine, or any other similar means of communication.
(5) A radio, television, cable,
closed-circuit, wire, wireless, satellite or other audio or video broadcast or
transmission, or any other similar means of communication.
(6) An audio or video recording or
reproduction, or any other similar means of communication.
(7) An item of electronic mail, a modem or
computer network, or the Internet, or any other similar means of communication.
(Added to NRS by 2001
Special Session, 184; A 2009, 690)
NRS 392.920 Employer prohibited from threatening or taking retaliatory
action against parent for parent’s participation in certain school conferences
and school-related activities; penalty; authorization for parent to file claim
with Labor Commissioner.
1. It is unlawful for an employer or an
agent of the employer to:
(a) Terminate the employment of, or to demote,
suspend or otherwise discriminate against, a person who, as the parent,
guardian or custodian of a child:
(1) Appears at a conference requested by
an administrator of the school attended by the child;
(2) Is notified during his or her work by
a school employee of an emergency regarding the child; or
(3) Takes leave pursuant to NRS 392.4577 if the employer is subject to the
requirements of that section; or
(b) Assert to the person that his or her
appearance or prospective appearance at such a conference, the receipt of such
a notification during his or her work or leave taken pursuant to NRS 392.4577 will result in the termination of his or
her employment or a demotion, suspension or other discrimination in the terms
and conditions of the person’s employment.
2. Any person who violates the provisions
of subsection 1 is guilty of a misdemeanor.
3. A person who is discharged from
employment or who is demoted, suspended or otherwise discriminated against in
violation of subsection 1 may file a claim or complaint with the Labor Commissioner.
The employer shall provide the person who is discharged from employment or who
is demoted, suspended or otherwise discriminated against with all the forms
necessary to request such a claim or complaint. If the Labor Commissioner
determines that the claim or complaint is valid and enforceable, the Labor
Commissioner shall provide notice and opportunity for a hearing pursuant to NRS 607.205 to 607.215, inclusive.
4. If the Labor Commissioner issues a
written decision in favor of the employee, the Labor Commissioner may award in
addition to any remedies and penalties provided in chapters
607 and 608 of NRS:
(a) Wages and benefits lost as a result of the
violation;
(b) An order of reinstatement without loss of
position, seniority or benefits; and
(c) Damages equal to the amount of the lost wages
and benefits.
(Added to NRS by 1989, 901; A 2009, 1247)
