Nac: Chapter 392 - Pupils

Link to law: http://www.leg.state.nv.us/nac/NAC-392.html
Published: 2015

[Rev. 11/21/2013 4:25:02

PM--2013]



[NAC-392 Revised Date: 5-08]

CHAPTER 392 - PUPILS

IMMUNIZATION AGAINST DISEASE

392.105            Mumps, hepatitis A, hepatitis B,

varicella and Bordetella pertussis.

HOMELESS CHILDREN

392.205            Required education and services.

392.225            School districts to adopt

appropriate policies and practices.

CONFIDENTIALITY OF EDUCATION RECORDS

392.301            Definitions.

392.306            “Directory information” defined.

392.311            “Disclose” and “disclosure”

defined.

392.315            “Education record” defined.

392.320            “Parent” defined.

392.325            “Personally identifiable

information” defined.

392.330            “Record” defined.

392.340            Applicability.

392.345            Accessibility and authority of

parents to inspect and review records; maintenance of list of types and

locations of records; copyright.

392.350            Confidentiality of personally

identifiable information; maintenance of permanent record; disclosure under

certain circumstances.

392.355            Disclosure of directory

information.

392.360            School districts to adopt

appropriate policies and procedures.

DRIVERS OF SCHOOL BUSES

392.400            Training while bus unoccupied.

392.410            Written test for drivers.

392.420            Records concerning drivers.

392.430            Providers of training in operation

of school buses.

SCHOOL BUS STANDARDS

392.500            Conformity with standards.

392.502            Adoption of standards by reference.

 

 

IMMUNIZATION AGAINST DISEASE

      NAC 392.105  Mumps, hepatitis A, hepatitis B, varicella and Bordetella

pertussis. (NRS

392.435, 439.200)

     1.  The State Board of Health hereby declares

the diseases of:

     (a) Mumps;

     (b) Hepatitis A;

     (c) Hepatitis B;

     (d) Varicella; and

     (e) Bordetella pertussis if a child is 6 years of

age or older,

Ê to be

communicable diseases.

     2.  Unless excused because of religious

belief or medical condition, a child may not be enrolled in a public school in

this State unless he has been immunized against the mumps.

     3.  Except as otherwise provided in

subsection 5, unless excused because of religious belief or medical condition,

a child may not be enrolled in a public school in this State:

     (a) After June 30, 2002, unless he has been

immunized against hepatitis A and hepatitis B; and

     (b) After June 30, 2003, unless he has been

immunized against varicella.

     4.  Unless excused because of religious

belief or medical condition, a child may not be enrolled in grade 7 in a public

school in this State after June 30, 2008, unless the child has been immunized

against Bordetella pertussis. To satisfy the requirements of this subsection, a

child must receive at least one dose of a vaccine against Bordetella pertussis

after he obtained 10 years of age.

     5.  The provisions of:

     (a) Paragraph (a) of subsection 3 do not apply to a

child who is enrolled in a public school in this State before July 1, 2002; and

     (b) Paragraph (b) of

subsection 3 do not apply to a child who is enrolled in a public school in this

State before July 1, 2003.

     (Added to NAC by Bd. of Health, eff. 6-30-88; A by R075-01,

10-23-2001; R099-07, 10-31-2007)

HOMELESS CHILDREN

      NAC 392.205  Required education and services. (NRS 385.080)

      1.  Within

7 working days after receiving the name and location of a child who is homeless

and who meets the age requirements of NRS

392.040, a school district shall provide the homeless child with education

and services that are provided to the other pupils within the school district.

The school district shall, in accordance with the best interests of the

homeless child:

     (a) If applicable, continue the education of the

child in the child’s school of origin for the remainder of the school year; or

     (b) Enroll the child in a school that is within the

zone of attendance where the child is actually living.

Ê In

determining the best interests of a homeless child for purposes of this

subsection, a school district shall, to the extent practicable, comply with a

request made by the parent or guardian of the child regarding the selection of

a school.

     2.  Each school district shall:

     (a) Maintain the appropriate school records for

each homeless child who is attending school within the school district in the

same manner as the school district maintains school records for the other

pupils within the school district;

     (b) Assist the parent or guardian of each homeless

child in obtaining verification of the age and identity of the child and any

prior school records of the child;

     (c) Verify that each homeless child within the

school district has received the immunizations necessary to attend school or,

if applicable, assist the parent or guardian of the child in obtaining the

immunizations for his child;

     (d) Appoint a liaison for the homeless to

coordinate with local social service agencies and other programs to assist

homeless children and their families;

     (e) Ensure that each school within the school

district has identified an on-site advocate for the homeless to assist any

homeless children and their families and to serve as a contact for the liaison

appointed pursuant to paragraph (d); and

     (f) Inform

the personnel of the school district, the advocates for the homeless identified

pursuant to paragraph (e) and those persons who provide services to children

and their families within the school district of the duties of the liaison for

the homeless appointed pursuant to paragraph (d).

     3.  As used in

this section, “school of origin” means the school that a homeless child

attended when he had a permanent home or the school in which the child was last

enrolled.

     (Added to NAC by Bd. of Education, eff. 12-13-89; A by

R039-99, 11-3-99)

      NAC 392.225  School districts to adopt appropriate policies and practices. (NRS 385.080)  Each

school district shall adopt policies and practices that are designed to remove

any barriers to the enrollment and retention of homeless children in school.

Each school district shall review and revise, if necessary, the policies and

practices that it adopts pursuant to this section.

     (Added to NAC by Bd. of Education by R039-99, eff. 11-3-99)

CONFIDENTIALITY OF EDUCATION RECORDS

      NAC 392.301  Definitions. (NRS 385.080, 392.029)  As used

in NAC 392.301 to 392.360,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 392.306 to 392.330,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.306  “Directory

information” defined. (NRS 385.080, 392.029)  “Directory

information” has the meaning ascribed to it in 34 C.F.R. § 99.3.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.311  “Disclose”

and “disclosure” defined. (NRS 385.080, 392.029)  “Disclose”

or “disclosure” has the meaning ascribed to it in 34 C.F.R. § 99.3.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.315  “Education record” defined. (NRS 385.080, 392.029)  “Education

record” has the meaning ascribed to it in NRS 392.029. The term includes,

without limitation:

     1.  Academic work completed by a pupil.

     2.  Records indicating a pupil’s level of

achievement, including, without limitation, his grades.

     3.  Records of a pupil’s attendance at

school.

     4.  A pupil’s results on standardized

intelligence, aptitude and psychological tests.

     5.  Results from interest inventories

completed by a pupil.

     6.  A pupil’s health records.

     7.  Information concerning a pupil’s family

and residence.

     8.  Records concerning a pupil’s

participation in activities sponsored by the school, special programs and

support services.

     9.  Ratings and observations of a pupil by

teachers, counselors and employees of a school district who transport pupils.

     10.  Reports of serious or recurrent behavior

patterns of a pupil which have been verified.

     11.  Records, ratings and observations

recorded by a counselor that are accessible by or revealed to any other person

except for a substitute for the counselor.

     12.  The

records of a child who is homeschooled that are maintained by a school district

or a person acting for the school district.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.320  “Parent”

defined. (NRS

385.080, 392.029)  “Parent”

has the meaning ascribed to it in 34 C.F.R. § 99.3.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.325  “Personally

identifiable information” defined. (NRS 385.080, 392.029)  “Personally

identifiable information” has the meaning ascribed to it in 34 C.F.R. § 99.3.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.330  “Record”

defined. (NRS

385.080, 392.029)  “Record”

has the meaning ascribed to it in C.F.R. § 99.3.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.340  Applicability. (NRS 385.080, 392.029)  The

provisions of NAC 392.301 to 392.360,

inclusive, apply to all education records, including, without limitation, those

that a school which is no longer operating has deposited with the

superintendent of the school district for the county in which the school was

located.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.345  Accessibility and authority of parents to inspect and review

records; maintenance of list of types and locations of records; copyright. (NRS 385.080, 392.029)

     1.  The parents of a pupil may:

     (a) Make reasonable requests for a school district

to explain or interpret the education records relating to their child;

     (b) Have their representative inspect and review

the records; and

     (c) Request that the school district provide them

with copies of the records.

     2.  A school district may presume that the

parent has authority to inspect and review education records relating to the

pupil unless the school district has been provided with satisfactory evidence

that the parent does not have the authority under applicable state law

governing such matters as guardianship, separation or divorce.

     3.  Each

school district shall maintain a list of the types and locations of the

education records it collects, maintains or uses relating to pupils.

     4.  This

section does not abrogate a copyright.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.350  Confidentiality of personally identifiable information;

maintenance of permanent record; disclosure under certain circumstances. (NRS 385.080, 392.029)

     1.  Each school district shall:

     (a) Protect the confidentiality of personally

identifiable information at its collection, storage, disclosure and

destruction;

     (b) Appoint one person to assume responsibility for

ensuring the confidentiality of all personally identifiable information;

     (c) Train or instruct all persons collecting or

using personally identifiable information regarding the policies and procedures

to be followed concerning such information; and

     (d) Maintain a current listing for public

inspection of the names and positions of those employees of the district who

have access to personally identifiable information.

     2.  Each school district shall:

     (a) Inform the parents when the personally

identifiable information is no longer needed to provide educational services to

the pupil; and

     (b) Maintain a permanent record of the pupil’s name,

address, telephone number, grades, attendance, classes he attended, grades he

completed and the year he completed them.

     3.  Subject to the limitations provided by 34

C.F.R. §§ 99.33 to 99.36, inclusive, personally identifiable information may be

disclosed to a court of competent jurisdiction or a person or entity pursuant

to an order entered by a court of competent jurisdiction or pursuant to a

lawfully issued subpoena, if the school district makes a reasonable effort to

notify the parents before complying with such an order or subpoena.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.355  Disclosure of directory information. (NRS 385.080, 392.029)

     1.  A school district wishing to disclose

directory information shall allow a reasonable time after giving notice of the

school district’s intent to disclose that information for parents to inform the

school district in writing that any or all of the information designated should

not be released.

     2.  If a

parent informs the school district in writing that any or all of the

information should not be released with respect to his child, the school

district shall not disclose such information concerning that pupil.

     3.  If a

parent does not object, the school district may disclose such information.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.360  School districts to adopt appropriate policies and procedures. (NRS 385.080, 392.029)  Each

school district shall adopt policies and procedures so that parents may

exercise the rights set forth in 20 U.S.C. § 1232g(a), 34 C.F.R. Part 99 and NAC 392.301 to 392.355,

inclusive.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

DRIVERS OF SCHOOL BUSES

     NAC 392.400  Training while bus unoccupied. (NRS 385.080, 392.380)  In the

training course required by subsection 2 of NRS 392.380, a new driver must be

given at least 10 hours of training in the operation of a school bus or other

bus while it is not occupied by pupils.

     (Added to NAC by Bd. of Education, eff. 1-19-84)

      NAC 392.410  Written test for drivers. (NRS 385.080, 392.380)

     1.  The yearly written test for drivers,

required by subsection 3 of NRS

392.380, must be administered by each school district:

     (a) Before the beginning of a school year; and

     (b) For any driver who is employed after that time,

before he is assigned to driving.

     2.  Each

school district shall provide assurances to the Superintendent of Public

Instruction that it has taken appropriate measures to prevent unauthorized access

to the questions to be presented in the test.

     3.  Drivers

are limited to three opportunities to achieve a passing score on the test.

     (Added to NAC by Bd. of Education, eff. 1-19-84)

      NAC 392.420  Records concerning drivers. (NRS 385.080, 392.380)

     1.  Each school district shall maintain

records concerning drivers of school buses or buses used for transportation of

pupils for extracurricular activities. The records must contain the following

information:

     (a) For each driver:

          (1) Written confirmation that he has completed

the required training course; and

          (2) His scores on the yearly written test.

     (b) For each such trip made by the driver:

          (1) The purpose of the trip;

          (2) The destination;

          (3) The date;

          (4) The time of departure and return;

          (5) The total miles driven;

          (6) The total time he has operated the

vehicle; and

          (7) A report of

any violation of subsection 4 of NRS

392.360 and the reason for the violation.

     2.  The records must be retained for at least

1 year.

     (Added to NAC by Bd. of Education, eff. 1-19-84)

      NAC 392.430  Providers of training in operation of school buses. (NRS 385.080, 392.380)

     1.  A person who wishes to provide training

in the operation of a school bus for a school district must:

     (a) Have a high school diploma or general

equivalency diploma;

     (b) Have been driving a school bus in this State

for at least the immediately preceding 2 years;

     (c) Hold a valid class A or class B commercial driver’s

license issued pursuant to the provisions of NRS 483.900 to 483.940, inclusive, which includes

a school bus endorsement and a passenger endorsement;

     (d) In the immediately preceding 3 years, not have

any:

          (1) Convictions for a moving violation while

driving a school bus; or

          (2) Records of involvement in an accident

while driving a school bus for which he is at fault or which could have been

prevented;

     (e) Know and understand any applicable federal,

state and local laws and regulations and any rules or regulations of the school

district related to driving a school bus;

     (f) Receive at least 10 hours of in-service training

each year within the school district; and

     (g) Have passed the written test developed by the

Department of Education pursuant to subsection 3.

     2.  Each school district shall provide

documentation to the Department of Education which verifies that each person

who provides training in the operation of a school bus for the school district

has satisfied the requirements set forth in subsection 1. The Department of

Education shall maintain the documentation provided by each school district.

     3.  The Department of Education shall, in

consultation with the school districts, develop a written test that assesses

knowledge and understanding of current federal and state laws and regulations

related to driving a school bus for administration to persons who wish to

provide training in the operation of a school bus.

     (Added to NAC by Bd. of Education by R074-05, 10-31-2005,

eff. 1-1-2006)

REVISER’S NOTE.

      The regulation of the State Board of Education filed

with the Secretary of State on October 31, 2005 (LCB File No. R074-05), the

source of this section, contains the following provisions not included in NAC:

      “The requirements for a person who wishes to provide

training in the operation of a school bus set forth in subsection 1 of section

1 of this regulation [NAC 392.430] apply only to

persons who are initially employed or retained by a school district in this

State on or after January 1, 2006, to provide training for the operation of a

school bus. The requirements do not apply to persons who are employed or

retained by a school district in this State before January 1, 2006.”

 

SCHOOL BUS STANDARDS

      NAC 392.500  Conformity with standards. (NRS 385.080, 392.400, 392.410)

     1.  Except as otherwise provided in NRS 392.400, a school bus

manufactured:

     (a) After February 10, 1972, and before October 22,

2000, may be used for the transportation of pupils only if it conforms to the

minimum national standards for school buses established by the Secretary of

Transportation pursuant to the National Traffic and Motor Vehicle Safety Act of

1966, 49 U.S.C. §§ 30101 et seq., and any more stringent standards adopted by

the State Board of Education that were in effect at the time the school bus was

manufactured; or

     (b) On or after October 22, 2000, may be used for

the transportation of pupils only if it conforms to the national standards for

school buses set forth in 49 C.F.R. Part 571 and the standards set forth in the

Nevada School Bus Standards adopted pursuant to NAC

392.502.

     2.  This section does not prevent the Federal

Government or the government of any state or political subdivision thereof from

establishing a safety requirement applicable to motor vehicles or motor vehicle

equipment procured for its own use if such requirement imposes a higher

standard of performance than that required to comply with the otherwise

applicable federal standard.

     [Dep’t of Education, eff. 1-9-77]—(NAC A by Bd. of

Education, 10-13-87; R016-98, 4-14-98; R040-99, 11-3-99; R027-01, 11-1-2001)

      NAC 392.502  Adoption of standards by reference. (NRS 385.080, 392.400, 392.410)

     1.  The Nevada School Bus Standards

established by the Department of Education are hereby adopted by reference as

those standards existed on October 22, 2000.

     2.  A copy of the Nevada School Bus

Standards may be obtained free of charge from the Department of Education,

700 East Fifth Street, Carson City, Nevada 89701-5096.

     3.  The

Department of Education shall provide a copy of the Nevada School Bus Standards

free of charge to each school district in this State.

     (Added to NAC by Bd. of Education by R027-01, eff. 11-1-2001)
Read Entire Law on www.leg.state.nv.us