Nrs: Chapter 388 - System Of Public Instruction

Link to law: https://www.leg.state.nv.us/NRS/NRS-388.html
Published: 2015

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[Rev. 2/10/2015 5:18:21

PM--2014R2]

CHAPTER 388 - SYSTEM OF PUBLIC INSTRUCTION

GENERAL PROVISIONS

NRS 388.020           Kinds

of public schools.

NRS 388.030           Division

of public schools in school district into departments.

NRS 388.040           Zoning

of school district by board of trustees; establishment of zones does not

preclude pupil’s attendance at certain other public schools.

NRS 388.060           Kindergarten:

Establishment; board of trustees authorized to provide transportation to school

that offers kindergarten or to provide program of instruction at home; budget.

NRS 388.070           Maintenance

of schools with equal rights and privileges.

NRS 388.075           Period

of silence.

SCHOOL YEAR; MINIMUM NUMBER OF DAYS; HOLIDAYS

NRS 388.080           School

year.

NRS 388.090           Minimum

number of days of school; application for alternative schedule; application for

reduction in minutes or additional minutes; scheduling for closure because of

natural disaster, inclement weather or accident.

NRS 388.110           Closing

public schools for legal holidays.

PROVISION OF SAFE AND RESPECTFUL LEARNING ENVIRONMENT

General Provisions

NRS 388.121           Definitions.

NRS 388.122           “Bullying”

defined.

NRS 388.123           “Cyber-bullying”

defined.

NRS 388.124           “Electronic

communication” defined.

NRS 388.125           “Harassment”

defined. [Repealed.]

NRS 388.129           “Intimidation”

defined. [Repealed.]

NRS 388.132           Legislative

declaration concerning safe and respectful learning environment.

NRS 388.1325         Bullying

Prevention Account: Creation; acceptance of gifts and grants; credit of

interest and income; authorized uses by school district that receives grant.

NRS 388.1327         Regulations.

 

Policies; Informational

Pamphlet; Program of Training

NRS 388.133           Policy

by Department concerning safe and respectful learning environment.

NRS 388.134           Policy

by school districts for provision of safe and respectful learning environment

and policy for ethical, safe and secure use of computers; provision of training

to board of trustees and school personnel; posting of policies on Internet

website; annual review and update of policies.

NRS 388.1341         Development

of informational pamphlet by Department; annual review and update; posting on

Internet website; development of tutorial.

NRS 388.1342         Establishment

of programs of training by Department; completion of program by members of

State Board of Education and boards of trustees; completion of program by

administrators in prevention of violence and suicide; annual review and update.

 

School Safety Team

NRS 388.1343         Establishment

by principal of each school; duties of principal.

NRS 388.1344         Membership;

chair; duties.

 

Prohibition of Bullying and Cyber-Bullying; Reporting and

Investigation of Violations

NRS 388.135           Bullying

and cyber-bullying prohibited.

NRS 388.1351         Staff

member required to report violation to principal; written notice of reported

violation to parent of each pupil involved; time period for initiation and

completion of investigation; authorization for parent to appeal disciplinary

decision.

NRS 388.1352         Establishment

of policy by school districts for employees to report violations to law

enforcement.

NRS 388.1353         Principal

required to submit report of violations for each semester to school district;

review and compilation of reports by school district; submission of compilation

to Department. [Repealed.]

NRS 388.1355         Compilation

of reports by Superintendent of Public Instruction; submission of written

compilation to Attorney General. [Repealed.]

NRS 388.136           School

officials prohibited from interfering with disclosure of violations.

NRS 388.137           Immunity

for reporting of violations; exceptions; recommendation for disciplinary action

if person who made report acted with malice, intentional misconduct, gross

negligence or violation of law.

 

Rules of Behavior; Week of Respect

NRS 388.139           Text

of certain provisions required to be included in rules of behavior.

NRS 388.145           Requirements

for delivery of information during annual “Week of Respect.”

PROHIBITED INSTRUCTION

NRS 388.150           Sectarian

and denominational publications and instruction; forfeiture of public school

money for violation; authority to comply with federal Equal Access Act.

ELEMENTARY SCHOOLS

NRS 388.155           Foster

care children enrolled in elementary school; development of academic plan

required; annual review and modification of plan; use of plan to manage pupil’s

educational development.

MIDDLE SCHOOLS AND JUNIOR HIGH SCHOOLS

NRS 388.165           Development

of academic plan required.

NRS 388.171           Pilot

program for small learning communities required in certain schools. [Repealed.]

NRS 388.176           Adoption

of policy for peer mentoring. [Repealed.]

NRS 388.181           Adoption

of policy for pupil-led conferences. [Repealed.]

HIGH SCHOOLS

NRS 388.205           Development

of academic plan required for ninth grade pupils.

NRS 388.215           Program

of small learning communities required for ninth grade pupils enrolled in

larger schools. [Repealed.]

NRS 388.221           Adoption

of policy for peer mentoring.

NRS 388.225           Establishment

of plan to prepare pupils for educational requirements of postsecondary

education and success in workplace; report on progress of plan. [Expired by

limitation.]

CAREER AND TECHNICAL EDUCATION

State Board for Career and Technical Education; Gift Fund for

Career and Technical Education

NRS 388.330           Composition

of Board.

NRS 388.340           Executive

Officer: Designation of Superintendent of Public Instruction to serve as

Executive Officer; duties.

NRS 388.342           Executive

Officer: Appointment of person to oversee programs.

NRS 388.350           Meetings.

NRS 388.360           Powers.

NRS 388.365           Designation

of Fund; use of money.

NRS 388.370           Biennial

report to Governor.

 

Programs of Career and

Technical Education

NRS 388.380           Establishment

and maintenance of programs by school districts; endorsement on diploma

indicating successful completion of program.

NRS 388.385           Appointment

of advisory technical skills committee by school districts; duties of

committee; service without compensation.

 

Money; Grants to School Districts, Charter Schools and Pupil

Organizations

NRS 388.390           Certain

school districts and charter schools entitled to share in available money.

NRS 388.392           Distribution

of state money; limitation on use for leadership and training activities;

recommendations of industry sector councils for awarding grants to school

districts and charter schools.

NRS 388.393           Grants:

Application by school district or charter school; review and recommendations of

industry sector councils; criteria for awards.

NRS 388.394           Grants:

Application by pupil organization for career and technical education; awards

made on fair and equitable basis.

NRS 388.395           Grants:

Application by school district or charter school for remainder of available

state money; criteria for and limitation on awards.

NRS 388.396           Grants:

Designation of program professional to evaluate and report on effectiveness of

program.

NRS 388.397           Remainder

of certain state money does not revert and is carried forward to following

fiscal year.

NRS 388.400           Administration;

State Treasurer as custodian.

PUPILS WHO ARE LIMITED ENGLISH PROFICIENT; ENGLISH MASTERY

COUNCIL

NRS 388.405           Legislative

declaration; duty of State Board to adopt regulations and submit certain

evaluations required by federal law.

NRS 388.407           Board

of trustees required to develop policy for instruction to teach English.

NRS 388.409           English

Mastery Council: Creation; membership; terms; vacancy; Chair; meetings;

compensation; acceptance of gifts and grants; administrative support.

[Effective through June 30, 2019.]

NRS 388.411           English

Mastery Council: Duty to make recommendations to Superintendent of Public

Instruction, State Board, Commission on Professional Standards in Education,

Board of Regents and school districts. [Effective through June 30, 2019.]

NRS 388.413           English

Mastery Council: Preparation and submission of annual report. [Effective

through June 30, 2019.]

MAINTENANCE AND ADMINISTRATION

OF AUTO-INJECTABLE EPINEPHRINE; FOOD ALLERGIES AND ANAPHYLAXIS

NRS 388.421           Maintenance

and storage in secure location by public school; policy regarding proper

handling and transportation; annual report to Division of Public and Behavioral

Health concerning doses administered.

NRS 388.424           Order

of physician for doses of epinephrine maintained by public school; school

personnel authorized to administer doses; acceptance of gifts, grants and

donations.

NRS 388.427           Training

concerning food allergies and development of comprehensive action plan

concerning anaphylaxis.

PUPILS WITH DISABILITIES AND

GIFTED AND TALENTED PUPILS

General Provisions

NRS 388.440           Definitions.

 

Educational Services and Programs

NRS 388.450           Provision

of education to pupils with disabilities and gifted and talented pupils; authorization

for certain school districts to provide early intervening services; uniform

criteria for eligibility for instruction.

NRS 388.460           Pupils

not required to take advantage of special provisions for education.

NRS 388.470           Placement

of child in special program; effect of military transfer of parent of child.

NRS 388.475           Ages

for admission to special programs; enrollment counted for apportionment.

NRS 388.477           Pupils

with hearing impairment: Requirements for consideration in development of

individualized education program; additional considerations for best feasible

instruction.

NRS 388.481           Pupils

with autism spectrum disorder: Initial evaluation by school district or charter

school; reevaluation and review of individualized education program; assistance

and training for persons who conduct evaluation.

NRS 388.483           Pupils

with autism spectrum disorder: Department required to submit annual report to

Aging and Disability Services Division.

NRS 388.492           Pupil

with a disability attains 18 years of age: Rights transfer to pupil; notice to

parent and pupil; exception for pupil adjudicated incompetent.

NRS 388.493           Pupil

with a disability attains 18 years of age: Application by parent to represent

educational interests of pupil; duration of representation; appeal;

regulations.

NRS 388.500           Special

ungraded schools and programs; powers of trustees.

NRS 388.507           Hearings

conducted pursuant to Individuals with Disabilities Education Act: Burden of

proof and burden of production on school district during certain due process

hearings.

NRS 388.509           Hearings

conducted pursuant to Individuals with Disabilities Education Act: Authority of

Department to issue subpoenas; enforcement of subpoena by court.

NRS 388.520           Use

of form for development, review and revision of individualized education

program; minimum standards for special education and early intervening

services; limitation on apportionment of state money for instruction.

 

Use of Aversive Intervention, Physical Restraint and

Mechanical Restraint on Pupils With Disabilities

NRS 388.521           Definitions.

NRS 388.5215         “Aversive

intervention” defined.

NRS 388.522           “Chemical

restraint” defined.

NRS 388.5225         “Corporal

punishment” defined.

NRS 388.523           “Electric

shock” defined.

NRS 388.5235         “Emergency”

defined.

NRS 388.524           “Individualized

education program” defined. [Repealed.]

NRS 388.5245         “Individualized

education program team” defined. [Repealed.]

NRS 388.525           “Mechanical

restraint” defined.

NRS 388.5255         “Physical

restraint” defined.

NRS 388.526           “Verbal

and mental abuse” defined.

NRS 388.5265         Aversive

intervention prohibited.

NRS 388.527           Physical

restraint and mechanical restraint prohibited; exceptions.

NRS 388.5275         Conditions

under which physical restraint may be used; report required; requirements if

pupil has three or five reports of use of restraint in 1 school year.

NRS 388.528           Conditions

under which mechanical restraint may be used; report required; requirements if

pupil has three or five reports of use of restraint in 1 school year.

NRS 388.5285         Mandatory

education and training for staff.

NRS 388.529           Disciplinary

action against person for intentional violation.

NRS 388.5295         Report

of violation; corrective plan required; appointment of administrator to oversee

school under certain circumstances.

NRS 388.531           Retaliation

for reporting violation prohibited.

NRS 388.5315         Reporting

of denial of rights; investigation and resolution of disputes by Department.

NRS 388.5317         Annual

report by school districts on use of restraint and violations; compilation of

reports by Department; submission of compilation to Legislature.

PROGRAMS TO PREVENT CRIMINAL ACTIVITY; OPERATION OF

ALTERNATIVE PROGRAMS

NRS 388.532           Development

of programs.

NRS 388.537           Alternative

programs for pupils at risk of dropping out of school.

INSTRUCTION OF CHILDREN

DETAINED IN FACILITIES FOR THE DETENTION OF CHILDREN, ALTERNATIVE PROGRAMS,

JUVENILE FORESTRY CAMPS AND JUVENILE TRAINING SCHOOLS

NRS 388.550           Employment

of teachers with approval of juvenile court and county commissioners.

NRS 388.560           Courses

of instruction; school district to furnish textbooks, equipment and supplies.

NRS 388.570           Computation

of enrollment and average daily attendance; reports to Superintendent of Public

Instruction.

PROGRAMS OF EDUCATION FOR INCARCERATED PERSONS

NRS 388.573           “Incarcerated

persons” defined.

NRS 388.575           Establishment

of statewide program by Department of Education; requirements of statewide

program.

NRS 388.577           Fund

for Programs of Education for Incarcerated Persons: Creation; administration;

use of money; limitations on use; allocation of money to certain school

districts.

NRS 388.579           Boards

of trustees of school districts authorized to operate program; compliance with

statewide program; conditions for receipt of money from Fund.

NRS 388.582           Board

of Regents authorized to offer certain courses to incarcerated persons.

NRS 388.583           Authority

of Director of Department of Corrections to restrict access of school district

employee to facility or institution upon good cause shown; interagency panel

required to be convened if employee’s access is restricted; final decision of

panel.

PROGRAM OF INFORMATION

CONCERNING MISSING CHILDREN

NRS 388.585           Establishment

of program by trustees; assistance of Attorney General or State Board.

EDUCATION AND COUNSELING OF DISPLACED HOMEMAKERS

NRS 388.605           Definitions.

NRS 388.615           Board

for the Education and Counseling of Displaced Homemakers: Creation; membership;

duties; compensation of members.

NRS 388.625           Establishment

of center for displaced homemakers; deposit of gifts and grants of money;

approval of claims.

NRS 388.635           Provision

of services by center for displaced homemakers.

NRS 388.645           Selection

of organization to administer center; coordination with state and federal

programs.

NRS 388.655           Executive

director for center; quarterly reports to Board.

REDUCTION OF PUPIL-TEACHER

RATIO IN CERTAIN CLASSES

NRS 388.700           Reduction

of ratio in certain grades; request for variance required for each school

quarter under certain circumstances; quarterly report on variances submitted to

Interim Finance Committee; additional reports by State Board and Department;

exception to requirements for charter schools and distance education.

NRS 388.710           State

Board of Education to determine data to be monitored by school district; school

district to report data to State Board.

NRS 388.720           Development

of plan by school district to reduce pupil-teacher ratios; alternative ratios

for certain grades authorized in certain counties.

NRS 388.725           Quarterly

reports of average daily attendance and pupil-teacher ratios in elementary

schools required of school districts; posting of report on Internet website.

EDUCATIONAL FOUNDATIONS

NRS 388.750           Compliance

with Open Meeting Law; availability of records; exemption from certain taxes;

nondisclosure of contributors.

EDUCATIONAL TECHNOLOGY

NRS 388.780           Definitions.

NRS 388.785           “Commission”

defined.

NRS 388.787           “Committee”

defined.

NRS 388.789           Superintendent

of Public Instruction required to ensure Commission carries out duties

successfully.

NRS 388.790           Commission

on Educational Technology: Creation; membership; terms; removal and vacancy;

quarterly meetings required; compensation.

NRS 388.795           Commission

on Educational Technology: Duties; plan for use of educational technology;

administrative support by Department; assessment of needs of school districts;

advisory committee authorized.

NRS 388.800           Trust

Fund for Educational Technology: Creation; administration; interest and income;

use of money in Fund.

NRS 388.805           Trust

Fund for Educational Technology: Program for school districts to apply for

money from Fund.

DISTANCE EDUCATION

General Provisions

NRS 388.820           Definitions.

NRS 388.823           “Course

of distance education” defined.

NRS 388.826           “Distance

education” defined.

NRS 388.829           “Program

of distance education” defined.

 

Approved Courses; Procedure for

Application

NRS 388.834           Publication

of list of approved distance education courses.

NRS 388.838           Submission

of application to Department; conditions for approval; opportunity to correct

deficiencies.

 

Operation of Programs;

Regulations

NRS 388.842           Alternate

scheduling permitted; minimum time required for full-time program.

NRS 388.846           Compliance

with statutes and regulations; notice by charter school to board of trustees

concerning type of educational services provided.

NRS 388.850           Eligibility

for enrollment.

NRS 388.854           Permission

of board of trustees required for full-time enrollment; written agreement

between board of trustees and provider of distance education program.

NRS 388.858           Permission

of charter school required for part-time enrollment; written agreement between

charter school and provider of distance education program.

NRS 388.862           Board

of trustees required to declare public school to which pupil enrolled in

program is affiliated; applicability of statutes and regulations to pupils.

NRS 388.866           Requirements

of program; supervision by teacher; qualifications of certain teachers.

NRS 388.874           Regulations

of State Board.

MISCELLANEOUS PROVISIONS

NRS 388.880           Immunity

from civil liability for reporting threat of violence against school official,

school employee or pupil; exceptions.

_________

_________

 

GENERAL PROVISIONS

      NRS 388.020  Kinds of public schools.

      1.  An elementary school is a public school

in which grade work is not given above that included in the eighth grade,

according to the regularly adopted state course of study.

      2.  A junior high or middle school is a

public school in which the sixth, seventh, eighth and ninth grades are taught

under a course of study prescribed and approved by the State Board. The school

is an elementary or secondary school for the purpose of the licensure of

teachers.

      3.  A high school is a public school in

which subjects above the eighth grade, according to the state course of study,

may be taught. The school is a secondary school for the purpose of the

licensure of teachers.

      4.  A special school is an organized unit

of instruction operating with approval of the State Board.

      5.  A charter school is a public school

that is formed pursuant to the provisions of NRS

386.490 to 386.649, inclusive.

      6.  A university school for profoundly

gifted pupils is a public school established pursuant to NRS 392A.010 to 392A.110, inclusive.

      [237:32:1956]—(NRS A 1977, 222; 1997, 1864; 1999, 3311; 2005, 2428)

      NRS 388.030  Division of public schools in school district into departments.  The board of trustees of a school district may

divide the public schools within the school district into kindergarten,

elementary, high school and other permissible departments, and shall employ

competent and legally qualified teachers for the instruction of the different

departments, if:

      1.  The division into departments is in

accordance with the state courses of study and regulations of the State Board

of Education; and

      2.  There is money for all of the

departments, or if money is not available for all of the departments, the

division is made in the order in which the departments are named in this

section.

      [238:32:1956]—(NRS A 1969, 257; 1971, 1321; 1975, 48;

1979, 1593;

1991, 2076)

      NRS 388.040  Zoning of school district by board of trustees; establishment of

zones does not preclude pupil’s attendance at certain other public schools.

      1.  Except as otherwise provided in

subsection 2, the board of trustees of a school district that includes more

than one school which offers instruction in the same grade or grades may zone

the school district and determine which pupils must attend each school.

      2.  The establishment of zones pursuant to

subsection 1 does not preclude a pupil from attending a:

      (a) Charter school;

      (b) University school for profoundly gifted

pupils;

      (c) Public school outside the zone of attendance

that the pupil is otherwise required to attend if the pupil is enrolled in the

Program of School Choice for Children in Foster Care established pursuant to NRS 392B.100; or

      (d) Public school outside the zone of attendance

that the pupil is otherwise required to attend if the 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.

      [239:32:1956]—(NRS A 1997, 1865; 2005, 98, 2429; 2007, 802)

      NRS 388.060  Kindergarten: Establishment; board of trustees authorized to

provide transportation to school that offers kindergarten or to provide program

of instruction at home; budget.

      1.  Except as otherwise provided in this

subsection, the board of trustees of each school district shall establish,

equip and maintain a kindergarten in each elementary school or each school

attendance area in the district. If, on or before June 1 immediately preceding

the school year, admittance to kindergarten has been requested for fewer than

15 children, the mandatory provisions of this subsection do not apply to that

school, and the board may decide whether to establish a kindergarten for those

children. If the board decides not to establish such a kindergarten, it may

provide:

      (a) Transportation for each child to enable the

child to attend kindergarten at another school; or

      (b) Upon agreement with a child’s parent or

guardian, an authorized program of instruction for kindergarten to be offered

in the child’s home, which includes, without limitation, assigning licensed

educational personnel to assist and consult with the parent or guardian as

necessary.

      2.  The board of trustees of a school

district in which a kindergarten is to be established under the provisions of

this title of NRS shall budget for this purpose by including the costs in the

next regular budget for the school district.

      [241:32:1956]—(NRS A 1959, 804; 1969, 258; 1975, 49; 1989, 217; 1991, 2076; 1997, 1724)

      NRS 388.070  Maintenance of schools with equal rights and privileges.  When feasible, boards of trustees must maintain

all the schools established by them for an equal length of time during the year

and, as far as practicable, with equal rights and privileges.

      [242:32:1956]

      NRS 388.075  Period of silence.  Every

school district shall set aside a period at the beginning of each school day,

during which all persons must be silent, for voluntary individual meditation,

prayer or reflection by pupils.

      (Added to NRS by 1977, 634)

SCHOOL YEAR; MINIMUM NUMBER OF DAYS; HOLIDAYS

      NRS 388.080  School year.

      1.  Except as otherwise provided in

subsection 2, the public school year commences on the 1st day of July and ends

on the last day of June.

      2.  After notification to the

Superintendent of Public Instruction that an extended school year program will

be operative, any county school district may request extension of the school

year beyond the last day of June for each year of such program.

      [243:32:1956]—(NRS A 1973, 645; 1979, 1593)

      NRS 388.090  Minimum number of days of school; application for alternative

schedule; application for reduction in minutes or additional minutes;

scheduling for closure because of natural disaster, inclement weather or

accident.

      1.  Except as otherwise provided in this

section, boards of trustees of school districts shall schedule and provide a

minimum of 180 days of free school in the districts under their charge.

      2.  Except for an alternative schedule

described in subsection 3, the Superintendent of Public Instruction may, upon

application by the board of trustees of a school district, authorize the school

district to provide a program of instruction based on an alternative schedule

if the number of minutes of instruction to be provided is equal to or greater

than the number of minutes of instruction that would be provided in a program

of instruction consisting of 180 school days. The Superintendent of Public

Instruction shall notify the board of trustees of the school district of the

approval or denial of the application not later than 30 days after the

Superintendent of Public Instruction receives the application. An alternative

schedule proposed pursuant to this subsection must be developed in accordance

with chapter 288 of NRS. If a school district

is located in a county whose population is 100,000 or more, the board of

trustees of the school district may not submit an application pursuant to this

subsection unless the proposed alternative schedule of the school district:

      (a) Will apply only to a rural portion or a

remote portion of the county in which the school district is located, as

defined by the State Board pursuant to subsection 9; or

      (b) Is designed solely for the purpose of

providing regular professional development to educational personnel and such

professional development is focused on analyzing and discussing measures of the

performance of pupils and identifying appropriate instructional strategies to

improve the achievement of pupils.

      3.  The Superintendent of Public

Instruction may, upon application by the board of trustees of a school

district, authorize a reduction of not more than 15 school days in that

particular district to establish or maintain an alternative schedule consisting

of a 12-month school program if the board of trustees demonstrates that the

proposed alternative schedule for the program provides for a number of minutes

of instruction that is equal to or greater than that which would be provided

under a program consisting of 180 school days. Before authorizing a reduction

in the number of required school days pursuant to this subsection, the

Superintendent of Public Instruction must find that the proposed alternative

schedule will be used to alleviate problems associated with a growth in

enrollment or overcrowding.

      4.  The Superintendent of Public

Instruction may, upon application by a board of trustees, authorize the

addition of minutes of instruction to any scheduled day of free school if days

of free school are lost because of any interscholastic activity. Not more than

5 days of free school so lost may be rescheduled in this manner. The provisions

of this subsection do not apply to an alternative schedule approved pursuant to

subsection 2.

      5.  The number of minutes of instruction

required for a particular group of pupils in a program of instruction based on

an alternative schedule approved pursuant to this section must be determined by

multiplying the appropriate minimum daily period of instruction established by

the State Board by regulation for that particular group of pupils by 180.

      6.  Each school district shall schedule at

least 3 contingent days of school, or its equivalent if the school district

operates under an alternative schedule authorized pursuant to this section, in

addition to the number of days required by this section, which must be used if

a natural disaster, inclement weather or an accident necessitates the closing

of a majority of the facilities within the district. The 3 contingent days of

school, or its equivalent, may be scheduled as:

      (a) Full days of school;

      (b) An equivalent number of minutes of

instruction added to any scheduled day of instruction, except that the minutes

added must not be less than 30 minutes per school day; or

      (c) Any combination thereof.

      7.  If more than 3 days of free school or

minutes of instruction equaling 3 days of free school, or the equivalent if the

school district operates under an alternative schedule authorized pursuant to

this section, are lost because a natural disaster, inclement weather or an

accident necessitates the closing of a majority of the facilities within a

school district, the Superintendent of Public Instruction, upon application by

the school district, may permit the additional days or equivalent minutes of

instruction lost to be counted as school days in session. The application must

be submitted in the manner prescribed by the Superintendent of Public

Instruction.

      8.  The Superintendent of Public

Instruction may, upon application by the board of trustees of a school

district, authorize additional days or minutes of instruction for a program of

remedial education that is fully paid for through the school district,

including, without limitation, the provision of transportation. If the

Superintendent of Public Instruction authorizes such additional days or

minutes, the board of trustees may adopt a policy prescribing the minimum

number of days of attendance or the minimum number of minutes of attendance for

a pupil who is determined to need such remedial education. If the board of

trustees adopts such a policy, the policy must include, without limitation, the

criteria for determining that a pupil be enrolled in the program of remedial

education, the procedure pursuant to which parents and guardians will be

notified of the pupil’s progress throughout the school year and a process for

appealing a determination regarding a pupil’s need for remedial education.

      9.  The State Board shall adopt

regulations:

      (a) Providing procedures for changing schedules

of instruction to be used if a natural disaster, inclement weather or an

accident necessitates the closing of a particular school within a school

district.

      (b) Defining a rural portion of a county and a

remote portion of a county for the purposes of subsection 2.

      [244:32:1956]—(NRS A 1973, 261; 1987, 1024; 1991, 1366; 1995, 2521; 2001, 3156; 2003, 3215; 2005, 257, 518; 2007, 28)

      NRS 388.110  Closing public schools for legal holidays.  No school may be kept open on any day declared

to be a legal holiday pursuant to NRS

236.015.

      [246:32:1956]—(NRS A 1967, 105; 1971, 1321; 1979, 1594; 1999, 2412)

PROVISION OF SAFE AND RESPECTFUL LEARNING ENVIRONMENT

General Provisions

      NRS 388.121  Definitions.  As

used in NRS 388.121 to 388.145,

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

in NRS 388.122, 388.123

and 388.124 have the meanings ascribed to them in

those sections.

      (Added to NRS by 2001, 1928; A 2005, 705; 2009, 687; 2011, 2244;

2013, 1654,

2137)

      NRS 388.122  “Bullying” defined.  “Bullying”

means a willful act which is written, verbal or physical, or a course of

conduct on the part of one or more persons which is not authorized by law and

which exposes a person repeatedly and over time to one or more negative actions

which is highly offensive to a reasonable person and:

      1.  Is intended to cause or actually causes

the person to suffer harm or serious emotional distress;

      2.  Exploits an imbalance in power between

the person engaging in the act or conduct and the person who is the subject of

the act or conduct;

      3.  Poses a threat of immediate harm or

actually inflicts harm to another person or to the property of another person;

      4.  Places the person in reasonable fear of

harm or serious emotional distress; or

      5.  Creates an environment which is hostile

to a pupil by interfering with the education of the pupil.

      (Added to NRS by 2009, 687;

A 2011,

2245; 2013,

1655, 2138)

      NRS 388.123  “Cyber-bullying” defined.  “Cyber-bullying”

means bullying through the use of electronic communication. The term includes

the use of electronic communication to transmit or distribute a sexual image of

a minor. As used in this section, “sexual image” has the meaning ascribed to it

in NRS 200.737.

      (Added to NRS by 2009, 687;

A 2011,

1062)

      NRS 388.124  “Electronic communication” defined.  “Electronic

communication” means the communication of any written, verbal or pictorial

information through the use of an electronic device, including, without

limitation, a telephone, a cellular phone, a computer or any similar means of

communication.

      (Added to NRS by 2009, 687)

      NRS 388.125  “Harassment” defined.  Repealed.

(See chapter 339, Statutes of Nevada 2013, at page 1661.)

 

      NRS 388.129  “Intimidation” defined.  Repealed.

(See chapter 339, Statutes of Nevada 2013, at page 1661.)

 

      NRS 388.132  Legislative declaration concerning safe and respectful learning

environment.  The Legislature

declares that:

      1.  A learning environment that is safe and

respectful is essential for the pupils enrolled in the public schools in this

State to achieve academic success and meet this State’s high academic

standards;

      2.  Any form of bullying or cyber-bullying

seriously interferes with the ability of teachers to teach in the classroom and

the ability of pupils to learn;

      3.  The use of the Internet by pupils in a

manner that is ethical, safe and secure is essential to a safe and respectful

learning environment and is essential for the successful use of technology;

      4.  The intended goal of the Legislature is

to ensure that:

      (a) The public schools in this State provide a

safe and respectful learning environment in which persons of differing beliefs,

characteristics and backgrounds can realize their full academic and personal

potential;

      (b) All administrators, principals, teachers and

other personnel of the school districts and public schools in this State

demonstrate appropriate behavior on the premises of any public school by

treating other persons, including, without limitation, pupils, with civility

and respect and by refusing to tolerate bullying and cyber-bullying; and

      (c) All persons in public schools are entitled to

maintain their own beliefs and to respectfully disagree without resorting to

bullying, cyber-bullying or violence; and

      5.  By declaring its goal that the public

schools in this State provide a safe and respectful learning environment, the

Legislature is not advocating or requiring the acceptance of differing beliefs

in a manner that would inhibit the freedom of expression, but is requiring that

pupils with differing beliefs be free from abuse.

      (Added to NRS by 2001, 1929; A 2005, 705; 2009, 687; 2013, 1655)

      NRS 388.1325  Bullying Prevention Account: Creation; acceptance of gifts and

grants; credit of interest and income; authorized uses by school district that

receives grant.

      1.  The Bullying Prevention Account is

hereby created in the State General Fund, to be administered by the

Superintendent of Public Instruction. The Superintendent of Public Instruction

may accept gifts and grants from any source for deposit into the Account. The

interest and income earned on the money in the Account must be credited to the

Account.

      2.  In accordance with the regulations

adopted by the State Board pursuant to NRS 388.1327,

a school district that applies for and receives a grant of money from the

Bullying Prevention Account shall use the money for one or more of the

following purposes:

      (a) The establishment of programs to create a

school environment that is free from bullying and cyber-bullying;

      (b) The provision of training on the policies

adopted by the school district pursuant to NRS 388.134

and the provisions of NRS 388.121 to 388.145, inclusive; or

      (c) The development and implementation of

procedures by which the public schools of the school district and the pupils

enrolled in those schools can discuss the policies adopted pursuant to NRS 388.134 and the provisions of NRS 388.121 to 388.145,

inclusive.

      (Added to NRS by 2011, 2242;

A 2013,

1655, 2755)

      NRS 388.1327  Regulations.  The

State Board shall adopt regulations:

      1.  Establishing the process whereby school

districts may apply to the State Board for a grant of money from the Bullying

Prevention Account pursuant to NRS 388.1325.

      2.  As are necessary to carry out the

provisions of NRS 388.121 to 388.145,

inclusive.

      (Added to NRS by 2011, 2244;

A 2013,

2755)

Policies; Informational Pamphlet; Program of Training

      NRS 388.133  Policy by Department concerning safe and respectful learning

environment.

      1.  The Department 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, prescribe by

regulation a policy for all school districts and public schools to provide a

safe and respectful learning environment that is free of bullying and

cyber-bullying.

      2.  The policy must include, without

limitation:

      (a) Requirements and methods for reporting

violations of NRS 388.135; and

      (b) A policy for use by school districts to train

members of the board of trustees and all administrators, principals, teachers

and all other personnel employed by the board of trustees of a school district.

The policy must include, without limitation:

             (1) Training in the appropriate methods to

facilitate positive human relations among pupils by eliminating the use of

bullying and cyber-bullying so that pupils may realize their full academic and

personal potential;

             (2) Training in methods to prevent,

identify and report incidents of bullying and cyber-bullying;

             (3) Methods to improve the school

environment in a manner that will facilitate positive human relations among

pupils; and

             (4) Methods to teach skills to pupils so

that the pupils are able to replace inappropriate behavior with positive

behavior.

      (Added to NRS by 2005, 704; A 2009, 687; 2013, 1656,

2138)

      NRS 388.134  Policy by school districts for provision of safe and respectful

learning environment and policy for ethical, safe and secure use of computers;

provision of training to board of trustees and school personnel; posting of

policies on Internet website; annual review and update of policies.  The board of trustees of each school district

shall:

      1.  Adopt the policy prescribed pursuant to

NRS 388.133 and the policy prescribed pursuant to

subsection 2 of NRS 389.520. The board

of trustees may adopt an expanded policy for one or both of the policies if

each expanded policy complies with the policy prescribed pursuant to NRS 388.133 or pursuant to subsection 2 of NRS 389.520, as applicable.

      2.  Provide for the appropriate training of

members of the board of trustees and all administrators, principals, teachers

and all other personnel employed by the board of trustees in accordance with

the policies prescribed pursuant to NRS 388.133 and

pursuant to subsection 2 of NRS 389.520.

For members of the board of trustees who have not previously been elected or

appointed to the board of trustees or for employees of the school district who

have not previously been employed by the district, the training required by

this subsection must be provided within 180 days after the member begins his or

her term of office or after the employee begins his or her employment, as

applicable.

      3.  Post the policies adopted pursuant to

subsection 1 on the Internet website maintained by the school district.

      4.  Ensure that the parents and legal

guardians of pupils enrolled in the school district have sufficient information

concerning the availability of the policies, including, without limitation,

information that describes how to access the policies on the Internet website

maintained by the school district. Upon the request of a parent or legal

guardian, the school district shall provide the parent or legal guardian with a

written copy of the policies.

      5.  Review the policies adopted pursuant to

subsection 1 on an annual basis and update the policies if necessary. If the

board of trustees of a school district updates the policies, the board of

trustees must submit a copy of the updated policies to the Department within 30

days after the update.

      (Added to NRS by 2005, 705; A 2009, 688; 2011, 2245;

2013, 2138)

      NRS 388.1341  Development of informational pamphlet by Department; annual

review and update; posting on Internet website; development of tutorial.

      1.  The Department, in consultation with

persons who possess knowledge and expertise in bullying and cyber-bullying,

shall, to the extent money is available, develop an informational pamphlet to

assist pupils and the parents or legal guardians of pupils enrolled in the

public schools in this State in resolving incidents of bullying or

cyber-bullying. If developed, the pamphlet must include, without limitation:

      (a) A summary of the policy prescribed by the

Department pursuant to NRS 388.133 and the

provisions of NRS 388.121 to 388.145,

inclusive;

      (b) A description of practices which have proven

effective in preventing and resolving violations of NRS

388.135 in schools, which must include, without limitation, methods to

identify and assist pupils who are at risk for bullying and cyber-bullying; and

      (c) An explanation that the parent or legal

guardian of a pupil who is involved in a reported violation of NRS 388.135 may request an appeal of a disciplinary

decision made against the pupil as a result of the violation, in accordance

with the policy governing disciplinary action adopted by the board of trustees

of the school district.

      2.  If the Department develops a pamphlet pursuant

to subsection 1, the Department shall review the pamphlet on an annual basis

and make such revisions to the pamphlet as the Department determines are

necessary to ensure the pamphlet contains current information.

      3.  If the Department develops a pamphlet

pursuant to subsection 1, the Department shall post a copy of the pamphlet on

the Internet website maintained by the Department.

      4.  To the extent the money is available,

the Department shall develop a tutorial which must be made available on the Internet

website maintained by the Department that includes, without limitation, the

information contained in the pamphlet developed pursuant to subsection 1, if

such a pamphlet is developed by the Department.

      (Added to NRS by 2011, 2241;

A 2013,

1656)

      NRS 388.1342  Establishment of programs of training by Department; completion

of program by members of State Board of Education and boards of trustees;

completion of program by administrators in prevention of violence and suicide;

annual review and update.

      1.  The Department, in consultation with

persons who possess knowledge and expertise in bullying and cyber-bullying

shall:

      (a) Establish a program of training on methods to

prevent, identify and report incidents of bullying and cyber-bullying for

members of the State Board.

      (b) Establish a program of training on methods to

prevent, identify and report incidents of bullying and cyber-bullying for

members of the boards of trustees of school districts.

      (c) Establish a program of training for school

district and charter school personnel to assist those persons with carrying out

their powers and duties pursuant to NRS 388.121 to 388.145, inclusive.

      (d) Establish a program of training for

administrators in the prevention of violence and suicide associated with

bullying and cyber-bullying and appropriate methods to respond to incidents of

violence or suicide.

      2.  Each member of the State Board shall,

within 1 year after the member is elected or appointed to the State Board,

complete the program of training on bullying and cyber-bullying established

pursuant to paragraph (a) of subsection 1 and undergo the training at least one

additional time while the person is a member of the State Board.

      3.  Except as otherwise provided in NRS 388.134, each member of a board of trustees of a

school district shall, within 1 year after the member is elected or appointed

to the board of trustees, complete the program of training on bullying and

cyber-bullying established pursuant to paragraph (b) of subsection 1 and

undergo the training at least one additional time while the person is a member

of the board of trustees.

      4.  Each administrator of a public school

shall complete the program of training established pursuant to paragraph (d) of

subsection 1:

      (a) Within 90 days after becoming an

administrator;

      (b) Except as otherwise provided in paragraph

(c), at least once every 3 years thereafter; and

      (c) At least once during any school year within

which the program of training is revised or updated.

      5.  Each program of training established

pursuant to subsection 1 must, to the extent money is available, be made available

on the Internet website maintained by the Department or through another

provider on the Internet.

      6.  The board of trustees of a school

district may allow school district personnel to attend the program established

pursuant to paragraph (c) or (d) of subsection 1 during regular school hours.

      7.  The Department shall review each

program of training established pursuant to subsection 1 on an annual basis to

ensure that the program contains current information.

      (Added to NRS by 2011, 2242;

A 2013,

1657, 2139)

School Safety Team

      NRS 388.1343  Establishment by principal of each school; duties of principal.  The principal of each public school or his or

her designee shall:

      1.  Establish a school safety team to

develop, foster and maintain a school environment which is free from bullying

and cyber-bullying;

      2.  Conduct investigations of violations of

NRS 388.135 occurring at the school; and

      3.  Collaborate with the board of trustees

of the school district and the school safety team to prevent, identify and

address reported violations of NRS 388.135 at the

school.

      (Added to NRS by 2011, 2243;

A 2013,

1658)

      NRS 388.1344  Membership; chair; duties.

      1.  Each school safety team established

pursuant to NRS 388.1343 must consist of the

principal or his or her designee and the following persons appointed by the

principal:

      (a) A school counselor;

      (b) At least one teacher who teaches at the

school;

      (c) At least one parent or legal guardian of a

pupil enrolled in the school; and

      (d) Any other persons appointed by the principal.

      2.  The principal or his or her designee

shall serve as the chair of the school safety team.

      3.  The school safety team shall:

      (a) Meet at least two times each year;

      (b) Identify and address patterns of bullying or

cyber-bullying;

      (c) Review and strengthen school policies to

prevent and address bullying or cyber-bullying;

      (d) Provide information to school personnel,

pupils enrolled in the school and parents and legal guardians of pupils

enrolled in the school on methods to address bullying and cyber-bullying; and

      (e) To the extent money is available, participate

in any training conducted by the school district regarding bullying and

cyber-bullying.

      (Added to NRS by 2011, 2243;

A 2013,

1658)

Prohibition of Bullying and Cyber-Bullying; Reporting and

Investigation of Violations

      NRS 388.135  Bullying and cyber-bullying prohibited.  A

member of the board of trustees of a school district, any employee of the board

of trustees, including, without limitation, an administrator, principal,

teacher or other staff member, a member of a club or organization which uses

the facilities of any public school, regardless of whether the club or

organization has any connection to the school, or any pupil shall not engage in

bullying or cyber-bullying on the premises of any public school, at an activity

sponsored by a public school or on any school bus.

      (Added to NRS by 2001, 1929; A 2009, 688; 2013, 1658)

      NRS 388.1351  Staff member required to report violation to principal; written

notice of reported violation to parent of each pupil involved; time period for

initiation and completion of investigation; authorization for parent to appeal

disciplinary decision.

      1.  A teacher or other staff member who

witnesses a violation of NRS 388.135 or receives

information that a violation of NRS 388.135 has

occurred shall verbally report the violation to the principal or his or her

designee on the day on which the teacher or other staff member witnessed the

violation or received information regarding the occurrence of a violation.

      2.  The principal or his or her designee

shall initiate an investigation not later than 1 day after receiving notice of

the violation pursuant to subsection 1. The principal or the designee shall

provide written notice of a reported violation of NRS

388.135 to the parent or legal guardian of each pupil involved in the

reported violation. The notice must include, without limitation, a statement

that the principal or the designee will be conducting an investigation into the

reported violation and that the parent or legal guardian may discuss with the

principal or the designee any counseling and intervention services that are

available to the pupil. The investigation must be completed within 10 days after

the date on which the investigation is initiated and, if a violation is found

to have occurred, include recommendations concerning the imposition of

disciplinary action or other measures to be imposed as a result of the

violation, in accordance with the policy governing disciplinary action adopted

by the board of trustees of the school district.

      3.  The parent or legal guardian of a pupil

involved in the reported violation of NRS 388.135

may appeal a disciplinary decision of the principal or his or her designee,

made against the pupil as a result of the violation, in accordance with the

policy governing disciplinary action adopted by the board of trustees of the

school district.

      (Added to NRS by 2011, 2244;

A 2013,

2140)

      NRS 388.1352  Establishment of policy by school districts for employees to

report violations to law enforcement.  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 an employee of the school

district when reporting a violation of NRS 388.135

to a school police officer or local law enforcement agency.

      (Added to NRS by 2011, 2244)

      NRS 388.1353  Principal required to submit report of violations for each

semester to school district; review and compilation of reports by school

district; submission of compilation to Department.  Repealed.

(See chapters 379 and 393, Statutes of Nevada 2013, at pages 2042 and 2141.)

 

      NRS 388.1355  Compilation of reports by Superintendent of Public Instruction;

submission of written compilation to Attorney General.  Repealed.

(See chapters 379 and 393, Statutes of Nevada 2013, at pages 2042 and 2141.)

 

      NRS 388.136  School officials prohibited from interfering with disclosure of

violations.

      1.  A school official shall not directly or

indirectly interfere with or prevent the disclosure of information concerning a

violation of NRS 388.135.

      2.  As used in this section, “school

official” means:

      (a) A member of the board of trustees of a school

district; or

      (b) A licensed or unlicensed employee of a school

district.

      (Added to NRS by 2005, 705)

      NRS 388.137  Immunity for reporting of violations; exceptions; recommendation

for disciplinary action if person who made report acted with malice,

intentional misconduct, gross negligence or violation of law.

      1.  No cause of action may be brought

against a pupil or an employee or volunteer of a school who reports a violation

of NRS 388.135 unless the person who made the

report acted with malice, intentional misconduct, gross negligence, or

intentional or knowing violation of the law.

      2.  If a principal determines that a report

of a violation of NRS 388.135 is false and that the

person who made the report acted with malice, intentional misconduct, gross

negligence, or intentional or knowing violation of the law, the principal may

recommend the imposition of disciplinary action or other measures against the

person in accordance with the policy governing disciplinary action adopted by

the board of trustees of the school district.

      (Added to NRS by 2005, 705; A 2013, 2140)

Rules of Behavior; Week of Respect

      NRS 388.139  Text of certain provisions required to be included in rules of

behavior.  Each school district

shall include the text of the provisions of NRS 388.121

to 388.145, inclusive, and the policies adopted by

the board of trustees of the school district pursuant to NRS

388.134 under the heading “Bullying and Cyber-Bullying Is Prohibited in

Public Schools,” 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 2001, 1929; A 2005, 706; 2009, 688; 2011, 2246;

2013, 1659)

      NRS 388.145  Requirements for delivery of information during annual “Week of

Respect.”  The board of trustees of

each school district and the governing body of each charter school shall

determine the most effective manner for the delivery of information to the

pupils of each public school during the “Week of Respect” proclaimed by the

Governor each year pursuant to NRS 236.073.

The information delivered during the “Week of Respect” must focus on:

      1.  Methods to prevent, identify and report

incidents of bullying and cyber-bullying;

      2.  Methods to improve the school

environment in a manner that will facilitate positive human relations among

pupils; and

      3.  Methods to facilitate positive human

relations among pupils by eliminating the use of bullying and cyber-bullying.

      (Added to NRS by 2013, 2137)

PROHIBITED INSTRUCTION

      NRS 388.150  Sectarian and denominational publications and instruction;

forfeiture of public school money for violation; authority to comply with

federal Equal Access Act.

      1.  No books, tracts or papers of a

sectarian or denominational character may be used or introduced in any public

school established pursuant to the provisions of this title of NRS, nor may any

sectarian or denominational doctrines be taught in any public school.

      2.  Any school district or charter school

whose officers knowingly allow any public schools to be taught in violation of

this section forfeits all right to any public school funds.

      3.  Nothing in this section prohibits a

school district or charter school from complying with applicable federal laws,

such as the Equal Access Act, 20 U.S.C. §§ 4071 et seq.

      [251:32:1956]—(NRS A 1997, 1865; 1999, 1674)

ELEMENTARY SCHOOLS

      NRS 388.155  Foster care children enrolled in elementary school; development

of academic plan required; annual review and modification of plan; use of plan

to manage pupil’s educational development.

      1.  The board of trustees of each school

district shall adopt a policy for each elementary school in the school district

to develop an academic plan for each pupil enrolled in the elementary school

for whom the school is informed is a foster child. An academic plan must

include consideration of the unique circumstances and educational background of

the child and be developed with the goal of achieving academic success.

      2.  An academic plan must be reviewed and

revised each year with appropriate modifications for the grade level of the

pupil. A new academic plan must be developed for any pupil who transfers to an

elementary school for whom the school is informed is a foster child.

      3.  An academic plan for a pupil must be

used as a guide to plan, monitor and manage the pupil’s educational development

and make determinations of any assistance that may be necessary to the academic

success of the pupil.

      (Added to NRS by 2011, 2668)

MIDDLE SCHOOLS AND JUNIOR HIGH SCHOOLS

      NRS 388.165  Development of academic plan required.

      1.  The board of trustees of each school

district shall adopt a policy for each middle school and junior high school in

the school district to develop an academic plan for each pupil enrolled in the

grade level at which the middle school or junior high school initially enrolls pupils.

The academic plan must set forth:

      (a) The specific educational goals that the pupil

intends to achieve before promotion to high school;

      (b) An identification of the courses required for

promotion to high school;

      (c) An identification of all honors courses,

career and technical education courses and other educational programs, courses

and pathways available to the pupil which will assist in the advancement of the

education of the pupil; and

      (d) A description of the expectations of the

teachers of pupils who are enrolled in middle school or junior high school.

      2.  The policy must require each pupil

enrolled in his or her initial year at the middle school or junior high school

and the pupil’s parent or legal guardian to:

      (a) Have sufficient opportunities to work in

consultation with a school counselor to develop an academic plan for the pupil;

      (b) Review the academic plan; and

      (c) Review the academic plan at least once each

school year until the pupil is promoted to high school in consultation with the

school counselor and revise the plan as necessary.

      3.  If a pupil enrolls in a middle school

or junior high school after the initial year of enrollment for that middle

school or junior high school, an academic plan must be developed for that pupil

with appropriate modifications for the grade level of the pupil.

      4.  An academic plan for a pupil must be

used as a guide for the pupil and the pupil’s parent or legal guardian to plan,

monitor and manage the pupil’s educational development and make determinations

of the appropriate courses of study for the pupil. If the pupil does not

satisfy all the educational goals set forth in the academic plan, the pupil is

eligible for promotion to high school if the pupil otherwise satisfies the

requirements for promotion to high school.

      (Added to NRS by 2009, 1332;

A 2011,

3504)

      NRS 388.171  Pilot program for small learning communities required in certain

schools.  Repealed. (See chapter

379, Statutes of Nevada 2013, at page 2042.)

 

      NRS 388.176  Adoption of policy for peer mentoring.  Repealed.

(See chapter 379, Statutes of Nevada 2013, at page 2042.)

 

      NRS 388.181  Adoption of policy for pupil-led conferences.  Repealed. (See chapter 379, Statutes of Nevada

2013, at page 2042.)

 

HIGH SCHOOLS

      NRS 388.205  Development of academic plan required for ninth grade pupils.

      1.  The board of trustees of each school

district shall adopt a policy for each public school in the school district in

which ninth grade pupils are enrolled to develop a 4-year academic plan for

each of those pupils. The academic plan must set forth the specific educational

goals that the pupil intends to achieve before graduation from high school. The

plan may include, without limitation, the designation of a career pathway and

enrollment in dual credit courses, career and technical education courses,

advanced placement courses and honors courses.

      2.  The policy may ensure that each pupil

enrolled in ninth grade and the pupil’s parent or legal guardian are provided

with, to the extent practicable, the following information:

      (a) The advanced placement courses, honors

courses, international baccalaureate courses, dual credit courses, career and

technical education courses, including, without limitation, career and

technical skills-building programs, and any other educational programs,

pathways or courses available to the pupil which will assist the pupil in the

advancement of his or her education;

      (b) The requirements for graduation from high

school with a diploma and the types of diplomas available;

      (c) The requirements for admission to the Nevada

System of Higher Education and the eligibility requirements for a Governor

Guinn Millennium Scholarship; and

      (d) The charter schools within the school

district.

      3.  The policy required by subsection 1

must require each pupil enrolled in ninth grade and the pupil’s parent or legal

guardian to:

      (a) Be notified of opportunities to work in

consultation with a school counselor to develop and review an academic plan for

the pupil;

      (b) Sign the academic plan; and

      (c) Review the academic plan at least once each

school year in consultation with a school counselor and revise the plan if

necessary.

      4.  If a pupil enrolls in a high school

after ninth grade, an academic plan must be developed for that pupil with

appropriate modifications for the grade level of the pupil.

      5.  An academic plan for a pupil must be

used as a guide for the pupil and the parent or legal guardian of the pupil to

plan, monitor and manage the pupil’s educational and occupational development

and make determinations of the appropriate courses of study for the pupil. If a

pupil does not satisfy all the goals set forth in the academic plan, the pupil

is eligible to graduate and receive a high school diploma if the pupil

otherwise satisfies the requirements for a diploma.

      (Added to NRS by 2007, 2178; A 2011, 647, 805; 2013, 3265)

      NRS 388.215  Program of small learning communities required for ninth grade

pupils enrolled in larger schools.  Repealed.

(See chapter 379, Statutes of Nevada 2013, at page 2042.)

 

      NRS 388.221  Adoption of policy for peer mentoring.

      1.  The board of trustees of each school

district may adopt a policy for the public high schools in the district to

provide a program of teen mentoring, which may include a component of adult

mentoring, designed to:

      (a) Increase pupil participation in school

activities, community activities and all levels of government; or

      (b) Increase the ability of ninth grade pupils

enrolled in high school to successfully make the transition from middle school

or junior high school to high school,

Ê or both.

      2.  If the board of trustees of a school

district has adopted a policy pursuant to subsection 1, the principal of each

public high school in the district may:

      (a) Carry out a program of teen mentoring in

accordance with the policy prescribed by the board of trustees pursuant to

subsection 1;

      (b) Adopt other policies for the program of teen

mentoring that are consistent with this section and the policy prescribed by

the board of trustees pursuant to subsection 1; and

      (c) On a date prescribed by the board of

trustees, submit an annual report to the board of trustees and the Legislature

that sets forth a summary of:

             (1) The specific activities of the program

of teen mentoring; and

             (2) The effectiveness of the program in

increasing pupil participation in school activities, community activities and

all levels of government or in increasing the ability of ninth grade pupils to

successfully make the transition from middle school or junior high school to

high school, as applicable to the type of program in effect at the school.

      3.  If the board of trustees of a school

district has not adopted a policy pursuant to subsection 1, the principal of a

public high school in the district may carry out a program of teen mentoring

and take any action described in paragraph (b) or (c) of subsection 2 if:

      (a) The principal submits to the board of

trustees for its approval a plan for such a program of teen mentoring that is

consistent with the provisions of this section; and

      (b) The board of trustees approves the plan.

      4.  A plan submitted to a board of trustees

of a school district pursuant to subsection 3 shall be deemed approved if the

board of trustees does not act upon the plan within 60 days after the date on

which the board of trustees receives the plan.

      5.  The board of trustees of each school

district and each public high school may apply for and accept gifts, grants and

donations from any source for the support of the board of trustees or a public

high school in carrying out a program of teen mentoring pursuant to the

provisions of this section. Any money received pursuant to this subsection may

be used only for purposes of carrying out a program of teen mentoring pursuant

to the provisions of this section.

      6.  This section does not preclude a board

of trustees of a school district or a public high school from continuing any

other similar program of teen mentoring that exists on May 22, 2009.

      (Added to NRS by 2009, 652;

A 2013,

2039)

      NRS 388.225  Establishment of plan to prepare pupils for educational

requirements of postsecondary education and success in workplace; report on

progress of plan.  Expired by

limitation. (See chapter 132, Statutes of Nevada 2011, at page 649.)

 

CAREER AND TECHNICAL EDUCATION

State Board for Career and Technical Education; Gift Fund

for Career and Technical Education

      NRS 388.330  Composition of Board.  The

State Board for Career and Technical Education consists of the members of the

State Board of Education.

      [269:32:1956]—(NRS A 1985, 811; 2005, 1047)

      NRS 388.340  Executive Officer: Designation of Superintendent of Public

Instruction to serve as Executive Officer; duties.

      1.  The Superintendent of Public

Instruction shall serve as Executive Officer of the State Board for Career and

Technical Education.

      2.  The Executive Officer shall:

      (a) Except as otherwise provided in NRS 388.342, employ personnel for such positions as

are approved by the State Board for Career and Technical Education and

necessary to carry out properly the provisions of this title relating to career

and technical education.

      (b) Carry into effect the regulations of the

State Board for Career and Technical Education.

      (c) Maintain an office for the Board.

      (d) Keep all records of the Board in the office

of the Board.

      [270:32:1956]—(NRS A 1979, 1594; 1985, 812; 2005, 1047; 2013, 2772)

      NRS 388.342  Executive Officer: Appointment of person to oversee programs.  The Executive Officer of the State Board for

Career and Technical Education shall appoint a person to oversee programs of

career and technical education.

      (Added to NRS by 2013, 2770)

      NRS 388.350  Meetings.  The State

Board for Career and Technical Education may hold at least four meetings

regularly in each year at the State Capital, coincident with the meetings of

the State Board of Education.

      [271:32:1956]—(NRS A 1971, 1322; 1983, 1441; 1985, 812; 2005, 1048)

      NRS 388.360  Powers.  The State

Board for Career and Technical Education may:

      1.  Cooperate with any federal agency,

board or department designated to administer the Acts of Congress apportioning

federal money to the State of Nevada for career and technical education.

      2.  Establish policies and adopt

regulations for the administration of any legislation enacted pursuant thereto

by the State of Nevada.

      3.  Establish policies and adopt

regulations for the administration of money provided by the Federal Government

and the State of Nevada for the promotion, extension and improvement of career

and technical education in Nevada.

      4.  Establish policies or regulations and

formulate plans for the promotion of career and technical education in such

subjects as are an essential and integral part of the system of public

education in the State of Nevada.

      5.  Establish policies to provide for the

preparation of teachers of such programs and subjects.

      6.  Approve positions for such persons as

may be necessary to administer the federal act and provisions of this title

enacted pursuant thereto for the State of Nevada.

      7.  Direct its Executive Officer to make

studies and investigations relating to career and technical education.

      8.  Establish policies to promote and aid

in the establishment by local communities of schools, departments or classes

giving training in career and technical subjects.

      9.  Cooperate with local communities in the

maintenance of such schools, departments or classes.

      10.  Prescribe qualifications for the

teachers, directors and supervisors of career and technical subjects.

      11.  Provide for the certification of such

teachers, directors and supervisors.

      12.  Establish policies or regulations to

cooperate in the maintenance of classes supported and controlled by the public

for the preparation of the teachers, directors and supervisors of career and

technical subjects, or maintain such classes under its own direction and

control.

      13.  Establish by regulation the

qualifications required for persons engaged in the training of teachers for

career and technical education.

      [272:32:1956]—(NRS A 1957, 213; 1979, 1594; 1985, 812; 2005, 1048)

      NRS 388.365  Designation of Fund; use of money.

      1.  All gifts of money which the State

Board for Career and Technical Education is authorized to accept must be

deposited in a permanent trust fund in the State Treasury designated as the

Gift Fund for Career and Technical Education.

      2.  The money available in the Fund must be

used only for the purpose specified by the donor, within the scope of the

Board’s powers and duties. The Board may adopt regulations or establish policies

for the disbursement of money from the Fund in accordance with the terms of the

gift or bequest on warrants of the State Controller issued upon the orders of

the Executive Officer of the State Board for Career and Technical Education.

Any expenditures pursuant to this section may include matching state and

federal money available for career and technical education.

      3.  If all or part of the money accepted by

the Board from a donor is not expended before the end of the fiscal year in

which the gift was accepted, the remaining balance of the amount donated must

remain in the Fund until needed for the purpose specified by the donor.

      (Added to NRS by 1960, 30; A 1971, 334; 1979, 619, 1595; 1983, 393; 1985, 813; 2005, 1049)

      NRS 388.370  Biennial report to Governor.  The

Executive Officer of the State Board for Career and Technical Education shall

make a report biennially to the Governor.

      [273:32:1956]—(NRS A 1979, 1595; 1985, 813; 2005, 1049)

Programs of Career and Technical Education

      NRS 388.380  Establishment and maintenance of programs by school districts;

endorsement on diploma indicating successful completion of program.

      1.  Except as otherwise provided in

subsection 3, the board of trustees of a school district in a county whose population

is 100,000 or more shall and any other board of trustees of a school district

may:

      (a) Establish and maintain a program of career

and technical education giving instruction in the subjects approved by the

State Board for Career and Technical Education.

      (b) Raise and expend money for the establishment

and maintenance of a program of career and technical education.

      2.  A pupil who successfully completes a

program of career and technical education and who otherwise satisfies the

requirements for graduation from high school must be awarded a high school

diploma with an endorsement indicating that the pupil has successfully

completed the program of career and technical education. The provisions of this

subsection do not preclude a pupil from receiving more than one endorsement on

his or her diploma, if applicable.

      3.  The board of trustees of each school

district shall incorporate into the curriculum:

      (a) Guidance and counseling in career and

technical education in accordance with NRS

389.180; and

      (b) Technology.

      4.  The State Board for Career and

Technical Education shall adopt regulations prescribing the endorsement of

career and technical education for a high school diploma.

      [274:32:1956]—(NRS A 1957, 214; 1985, 813; 1991, 2086; 1999, 3257; 2005, 1049)

      NRS 388.385  Appointment of advisory technical skills committee by school

districts; duties of committee; service without compensation.

      1.  If the board of trustees of a school

district has established a program of career and technical education pursuant

to NRS 388.380 and to the extent that money is

available from this State or the Federal Government, the superintendent of

schools of the school district shall appoint an advisory technical skills

committee consisting of:

      (a) Representatives of businesses and industries

in the community;

      (b) Employees of the school district who possess

knowledge and experience in career and technical education;

      (c) Pupils enrolled in public schools in the

school district;

      (d) Parents and legal guardians of pupils

enrolled in public schools in the school district;

      (e) To the extent practicable, representatives of

postsecondary educational institutions that provide career and technical

education; and

      (f) Other interested persons.

      2.  An advisory technical skills committee

established pursuant to subsection 1 shall:

      (a) Review the curriculum, design, content and

operation of the program of career and technical education to determine its

effectiveness in:

             (1) Preparing pupils enrolled in the

program to enter the workforce and meeting the needs of supplying an

appropriately trained workforce to businesses and industries in the community;

and

             (2) Complying with the provisions of NRS 388.330 to 388.400,

inclusive, and any regulations adopted pursuant thereto.

      (b) Advise the school district regarding the

curriculum, design, content, operation and effectiveness of the program of

career and technical education.

      (c) Provide technical assistance to the school

district in designing and revising as necessary the curriculum for the program

of career and technical education.

      (d) In cooperation with businesses, industries,

employer associations and employee organizations in the community, develop

work-based experiences for pupils enrolled in the program of career and

technical education. The work-based experiences must:

             (1) Be designed:

                   (I) For pupils enrolled in grades 11

and 12, but may be offered to pupils enrolled in grades 9 and 10 upon the

approval of the principal of the school where the program is offered.

                   (II) To prepare and train pupils to

work as apprentices in business settings.

             (2) Allow a pupil to earn academic credit

for the work-based experience.

      (e) Meet at least three times each calendar year.

      (f) Provide to the superintendent of schools of

the school district any recommendations regarding the program of career and

technical education and any actions of the committee.

      (g) Comply with the provisions of chapter 241 of NRS.

      3.  The members of an advisory technical

skills committee serve without compensation.

      (Added to NRS by 2005, 1046)

Money; Grants to School Districts, Charter Schools and

Pupil Organizations

      NRS 388.390  Certain school districts and charter schools entitled to share

in available money.  If the board

of trustees of a school district or the governing body of a charter school

organizes a program of career and technical education in accordance with the

regulations adopted by the State Board for Career and Technical Education and

the program has been approved by the Executive Officer of the Board, the school

district or the charter school is entitled to share in federal and state money

available for the promotion of career and technical education in the amount

determined by the Executive Officer of the Board, in accordance with NRS 388.390 to 388.397,

inclusive, and the regulations and policies of the Board.

      [275:32:1956]—(NRS A 1979, 1596; 1985, 814; 1997, 1867; 2005, 1049; 2013, 2772)

      NRS 388.392  Distribution of state money; limitation on use for leadership

and training activities; recommendations of industry sector councils for

awarding grants to school districts and charter schools.

      1.  Of state money appropriated for use in

a fiscal year for programs of career and technical education, the State Board

for Career and Technical Education shall not use more than 7.5 percent to

provide leadership and training activities in that fiscal year.

      2.  Before allocating state money, if any,

to provide leadership and training activities, the State Board for Career and

Technical Education shall:

      (a) Distribute 30 percent of the state money in

the manner set forth in NRS 388.393; and

      (b) Distribute 5 percent of the state money to

pupil organizations for career and technical education in the manner set forth

in NRS 388.394.

      3.  After distributing the state money pursuant

to subsection 2 and allocating state money, if any, to provide leadership and

training activities, the State Board for Career and Technical Education shall

distribute the remainder of state money in the manner set forth in NRS 388.395.

      4.  The State Board for Career and

Technical Education shall request that each industry sector council established

pursuant to subsection 2 of NRS 232.935

name one representative to provide recommendations to the Executive Officer of

the State Board for Career and Technical Education on the awarding of grants

pursuant to NRS 388.393.

      5.  As used in this section, “leadership and

training activities” means:

      (a) Activities by or for pupil organizations for

career and technical education;

      (b) Training activities for teachers of classes

or programs of career and technical education;

      (c) Activities at or for a conference of teachers

of classes or programs of career and technical education;

      (d) Promotion and marketing of classes or

programs of career and technical education; and

      (e) The development of standards and assessments

of career and technical education for the purposes of leadership and training.

      (Added to NRS by 2013, 2770)

      NRS 388.393  Grants: Application by school district or charter school; review

and recommendations of industry sector councils; criteria for awards.

      1.  The board of trustees of a school

district or the governing body of a charter school may apply to the State Board

for Career and Technical Education for a grant for a program of career and

technical education, to be paid for with money distributed pursuant to

paragraph (a) of subsection 2 of NRS 388.392, by

submitting an application to the person appointed pursuant to NRS 388.342.

      2.  Upon receipt of an application for a

grant, the person shall forward the application to each representative of an

industry sector council named pursuant to subsection 4 of NRS 388.392 to review the application.

      3.  The Executive Officer of the State

Board for Career and Technical Education shall review the recommendations of

the representatives of the industry sector councils and award grants for the

purposes of developing new programs of career and technical education or

expanding existing programs of career and technical education. The awarding of

grants must be based on the following criteria of the program of career and

technical education:

      (a) Standards and instruction.

      (b) Leadership development.

      (c) Practical application of occupational skills.

      (d) Quality and competence of personnel.

      (e) Facilities, equipment and materials.

      (f) Community, business and industry involvement.

      (g) Career guidance.

      (h) Program promotion.

      (i) Program accountability and planning.

      (j) Pupil-teacher ratio.

      (k) Whether the program will lead to a national

credential or certification.

      (Added to NRS by 2013, 2770)

      NRS 388.394  Grants: Application by pupil organization for career and

technical education; awards made on fair and equitable basis.

      1.  A pupil organization for career and

technical education may apply to the State Board for Career and Technical

Education for a grant to support the activities of the organization, to be paid

for with the money distributed pursuant to paragraph (b) of subsection 2 of NRS 388.392.

      2.  The State Board for Career and

Technical Education shall review all applications submitted pursuant to

subsection 1 and award grants to pupil organizations on a fair and equitable

basis.

      (Added to NRS by 2013, 2771)

      NRS 388.395  Grants: Application by school district or charter school for

remainder of available state money; criteria for and limitation on awards.

      1.  The board of trustees of a school

district or the governing body of a charter school may apply to the State Board

for Career and Technical Education for a grant for a program of career and

technical education, to be paid for from the remainder of state money described

in subsection 3 of NRS 388.392.

      2.  The State Board for Career and

Technical Education shall review all applications submitted pursuant to

subsection 1 and award grants based on the following criteria of the program of

career and technical education:

      (a) Standards and instruction.

      (b) Leadership development.

      (c) Practical application of occupational skills.

      (d) Quality and competence of personnel.

      (e) Facilities, equipment and materials.

      (f) Community, business and industry involvement.

      (g) Career guidance.

      (h) Program promotion.

      (i) Program accountability and planning.

      (j) Pupil-teacher ratio.

      (k) Whether the program will lead to a national

credential or certification.

      3.  The proportion of the total amount

awarded pursuant to subsection 2 to a school district or charter school during

a fiscal year must not exceed the proportion of the duplicated enrollment of

pupils in programs of career and technical education in the school district or

charter school during the previous fiscal year, as compared to the duplicated

enrollments of pupils in programs of career and technical education throughout

the State during the previous fiscal year. For the purposes of determining the

duplicated enrollment of pupils in a program of career and technical education,

each pupil must be counted once for each program of career and technical

education in which he or she is enrolled.

      (Added to NRS by 2013, 2771)

      NRS 388.396  Grants: Designation of program professional to evaluate and

report on effectiveness of program.  For

each grant of money awarded pursuant to NRS 388.393,

388.394 or 388.395, the

State Board for Career and Technical Education shall designate a program

professional to:

      1.  Evaluate the manner in which the money

was expended and the effectiveness of the program for career and technical

education for which the money was granted; and

      2.  Report the results of the review to the

State Board for Career and Technical Education.

      (Added to NRS by 2013, 2772)

      NRS 388.397  Remainder of certain state money does not revert and is carried

forward to following fiscal year.  Any

state money that is not distributed or allocated pursuant to NRS 388.392 to 388.395,

inclusive, by the end of the fiscal year does not revert to the State General

Fund and must be carried forward for distribution in the following fiscal year.

      (Added to NRS by 2013, 2772)

      NRS 388.400  Administration; State Treasurer as custodian.

      1.  The money for career and technical

education must be provided for and raised in the manner specified in NRS 387.050 and 388.330

to 388.400, inclusive.

      2.  The State Treasurer is the custodian of

the money and shall make disbursements therefrom on warrants of the State

Controller issued upon the order of the Executive Officer of the State Board

for Career and Technical Education.

      [276:32:1956]—(NRS A 1957, 214; 1979, 1596; 1985, 814; 1991, 2087; 2005, 1050; 2013, 2772)

PUPILS WHO ARE LIMITED ENGLISH PROFICIENT; ENGLISH MASTERY

COUNCIL

      NRS 388.405  Legislative declaration; duty of State Board to adopt

regulations and submit certain evaluations required by federal law.

      1.  The Legislature finds and declares

that:

      (a) It is the public policy of this State to

provide every child enrolled in a public school with high-quality instruction.

      (b) Children who are limited English proficient

benefit from instruction that is designed to address the academic and

linguistic needs of those children.

      (c) It is the intent of the Legislature that

children who are limited English proficient be provided with services and

instruction which is designed to address the academic needs of such children so

that those children attain proficiency in the English language and improve

their overall academic and linguistic achievement and proficiency.

      2.  The State Board shall:

      (a) Adopt regulations prescribing criteria for a

policy for the instruction to teach English to pupils who are limited English

proficient which is developed by the board of trustees of each school district

pursuant to NRS 388.407. The Superintendent of

Public Instruction shall monitor each school district’s compliance with the

criteria prescribed by the State Board pursuant to this paragraph.

      (b) Submit all evaluations required pursuant to

20 U.S.C. §§ 6801 et seq. and the regulations adopted pursuant thereto

regarding the programs for pupils who are limited English proficient carried

out pursuant to that provision of federal law to the:

             (1) Governor;

             (2) Legislative Committee on Education;

             (3) Director of the Legislative Counsel

Bureau for transmittal to the Senate and Assembly Standing Committees on

Education; and

             (4) Board of trustees of each school

district.

      (Added to NRS by 1995, 2711; A 2003, 19th

Special Session, 50; 2013, 3412)

      NRS 388.407  Board of trustees required to develop policy for instruction to

teach English.

      1.  The board of trustees of each school

district shall develop a policy for the instruction to teach English to pupils

who are limited English proficient. The policy must be designed to provide

pupils enrolled in each public school located in the school district who are

limited English proficient with instruction that enables those pupils to attain

proficiency in the English language and improve their overall academic

achievement and proficiency.

      2.  The policy developed pursuant to

subsection 1 must:

      (a) Provide for the identification of pupils who

are limited English proficient through the use of an appropriate assessment;

      (b) Provide for the periodic reassessment of each

pupil who is classified as limited English proficient;

      (c) Be designed to eliminate any gaps in

achievement, including, without limitation, in the core academic subjects and

in high school graduation rates, between those pupils who are limited English

proficient and pupils who are proficient in English;

      (d) Provide opportunities for the parents or

legal guardians of pupils who are limited English proficient to participate in

the program; and

      (e) Provide the parents and legal guardians of

pupils who are limited English proficient with information regarding other

programs that are designed to improve the language acquisition and academic

achievement and proficiency of pupils who are limited English proficient and

assist those parents and legal guardians in enrolling those pupils in such

programs.

      (Added to NRS by 2013, 3411)

      NRS 388.409  English Mastery Council: Creation; membership; terms; vacancy;

Chair; meetings; compensation; acceptance of gifts and grants; administrative

support. [Effective through June 30, 2019.]

      1.  The English Mastery Council is hereby

created. The English Mastery Council consists of the following 16 members:

      (a) The Superintendent of Public Instruction, or

his or her designee, who serves as an ex officio member of the English Mastery

Council.

      (b) Two members who have knowledge and expertise

in language acquisition and who represent the Nevada System of Higher

Education, appointed by the Chancellor of the Nevada System of Higher

Education.

      (c) Two members who are teachers at public

schools in this State, hold a master’s degree to teach English as a second

language and have knowledge and expertise in providing instruction to pupils

who are limited English proficient, appointed by the Governor from a list of

nominees submitted by the Nevada State Education Association, or its successor

organization. The Governor shall ensure that the members appointed pursuant to

this paragraph represent the geographic and ethnic diversity of this State.

      (d) Two members who are parents or legal

guardians of pupils who are limited English proficient, one of whom is

appointed by the Governor from a list of nominees submitted by the Speaker of

the Assembly and one of whom is appointed by the Governor from a list of

nominees submitted by the Majority Leader of the Senate. The Governor shall

ensure that the members appointed pursuant to this paragraph represent the

geographic and ethnic diversity of this State. The Nevada Parent Teacher

Association shall submit a list of names of persons that the Association would

recommend for inclusion on the list of nominees submitted by the Speaker of the

Assembly and the Majority Leader of the Senate.

      (e) Two members who are school-level

administrators, one of whom is employed by a school district in a county whose

population is 100,000 or more and one of whom is employed by a school district

in a county whose population is less than 100,000, appointed by the Governor

from a list of nominees submitted by the Nevada Association of School

Administrators.

      (f) Two members who are school-district-level

administrators, one of whom is employed by a school district in a county whose

population is 100,000 or more and one of whom is employed by a school district

in a county whose population is less than 100,000, appointed by the Governor

from a list of nominees submitted by the Nevada Association of School

Administrators.

      (g) One member who is a member of a board of

trustees of a school district, appointed by the Governor from a list of

nominees submitted by the Nevada Association of School Boards.

      (h) Two members who are representatives of the

general public, private business and industry in this State or nonprofit

organizations and who have been leaders in education reform related to pupils

who are limited English proficient, appointed by the Governor.

      (i) Two members with expertise in the development

of public policy relating to the education of pupils who are limited English

proficient, appointed by the Superintendent of Public Instruction upon the

advice and recommendation of persons who have knowledge and expertise in

providing instruction to pupils who are limited English proficient.

      2.  Each appointed member of the English

Mastery Council serves a term of 2 years and may be reappointed to additional

terms.

      3.  A vacancy on the English Mastery

Council must be filled in the same manner as the original appointment.

      4.  The English Mastery Council shall, at

its first meeting and annually thereafter, elect a Chair from among its

members.

      5.  The English Mastery Council shall meet

at least quarterly and may meet at other times upon the call of the Chair.

      6.  Members of the English Mastery Council

serve without compensation, except that for each day or portion of a day during

which a member of the Council attends a meeting of the Council or is otherwise

engaged in the business of the Council, the member is entitled to receive the

per diem allowances and travel expenses provided for state officers and

employees generally.

      7.  A member of the English Mastery Council

who is a public employee must be granted administrative leave from the member’s

duties to engage in the business of the Council without loss of his or her

regular compensation. Such leave does not reduce the amount of the member’s

other accrued leave.

      8.  The English Mastery Council may apply

for and accept gifts, grants, donations and contributions from any source for

the purpose of carrying out its duties pursuant to NRS

388.411.

      9.  The Department shall provide

administrative support to the English Mastery Council.

      (Added to NRS by 2013, 3409)

      NRS 388.411  English Mastery Council: Duty to make recommendations to

Superintendent of Public Instruction, State Board, Commission on Professional

Standards in Education, Board of Regents and school districts. [Effective

through June 30, 2019.]  The

English Mastery Council created by NRS 388.409

shall:

      1.  Make recommendations to the State Board

for the adoption of regulations concerning criteria for the policies to teach

English to pupils who are limited English proficient that are developed by the

board of trustees of each school district pursuant to NRS

388.407.

      2.  Review annually each policy to teach

English to pupils who are limited English proficient that is developed by the

board of trustees of each school district pursuant to NRS

388.407 and make recommendations for improvement to the State Board and the

applicable board of trustees.

      3.  Make recommendations to the

Superintendent of Public Instruction, the Commission on Professional Standards

in Education and the State Board for:

      (a) The adoption of regulations pursuant to NRS 391.019 concerning the requirements

for an endorsement to teach English as a second language, including, without

limitation, the teachers who should be required to obtain the endorsement; and

      (b) After the adoption of the regulations

pursuant to paragraph (a), any revisions to those regulations as deemed

necessary by the Council.

      4.  Develop standards and criteria for a

curriculum for pupils who are limited English proficient and submit those

standards and criteria to the State Board for consideration.

      5.  Review any course of study offered by

the Nevada System of Higher Education for training to teach English as a second

language to determine if the course of study, including, without limitation,

student teaching, is sufficiently rigorous to provide teachers with the tools

necessary to improve the English proficiency and academic achievement and

proficiency of pupils who are limited English proficient.

      6.  Make recommendations to the Board of

Regents of the University of Nevada for the improvement of any course of study

described in subsection 5 and submit a copy of those recommendations to the

Governor and the State Board.

      (Added to NRS by 2013, 3410)

      NRS 388.413  English Mastery Council: Preparation and submission of annual

report. [Effective through June 30, 2019.]

      1.  On or before February 1 of each year,

the English Mastery Council created by NRS 388.409

shall prepare an annual report concerning the status of the Council in carrying

out its duties prescribed by NRS 388.411,

including, without limitation, a description of the recommendations made by the

Council to the Superintendent of Public Instruction, the Commission on

Professional Standards in Education, the State Board, the Board of Regents of

the University of Nevada and the boards of trustees of school districts and the

response of each of those entities to the recommendations.

      2.  The report prepared pursuant to

subsection 1 must be submitted to the Governor, the State Board and:

      (a) In odd-numbered years, to the Director of the

Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing

Committees on Education.

      (b) In even-numbered years, to the Legislative

Committee on Education.

      3.  The Department shall post a copy of

each report prepared by the English Mastery Council pursuant to subsection 1 on

the Internet website maintained by the Department.

      (Added to NRS by 2013, 3411)

MAINTENANCE AND ADMINISTRATION OF AUTO-INJECTABLE

EPINEPHRINE; FOOD ALLERGIES AND ANAPHYLAXIS

      NRS 388.421  Maintenance and storage in secure location by public school;

policy regarding proper handling and transportation; annual report to Division

of Public and Behavioral Health concerning doses administered.

      1.  Each public school shall ensure that

auto-injectable epinephrine maintained at the school is stored in a designated,

secure location that is unlocked and easily accessible.

      2.  Each school district shall establish a

policy for the schools within the district, other than charter schools, regarding

the proper handling and transportation of auto-injectable epinephrine.

      3.  Not later than 30 days after the last

day of each school year, each school district and charter school shall submit a

report to the Division of Public and Behavioral Health of the Department of

Health and Human Services identifying the number of doses of auto-injectable

epinephrine that were administered at each public school within the school

district or charter school, as applicable, during the school year.

      (Added to NRS by 2013, 1225)

      NRS 388.424  Order of physician for doses of epinephrine maintained by public

school; school personnel authorized to administer doses; acceptance of gifts,

grants and donations.

      1.  Each public school, including, without

limitation, each charter school, shall obtain an order from a physician or

osteopathic physician for auto-injectable epinephrine pursuant to NRS 630.374 or 633.707 and acquire at least two doses of

the medication to be maintained at the school. If a dose of auto-injectable

epinephrine maintained by the public school is used or expires, the public

school shall ensure that at least two doses of the medication are available at

the school and obtain additional doses to replace the used or expired doses if

necessary.

      2.  Auto-injectable epinephrine maintained

by a public school pursuant to this section may be administered:

      (a) At a public school other than a charter

school, by a school nurse or any other employee of the public school who has

been designated by the school nurse and has received training in the proper

storage and administration of auto-injectable epinephrine; or

      (b) At a charter school, by the employee

designated to be authorized to administer auto-injectable epinephrine pursuant

to NRS 386.598 if the person has

received the training in the proper storage and administration of auto-injectable

epinephrine.

      3.  A school nurse or other designated

employee of a public school may administer auto-injectable epinephrine

maintained at the school to any pupil on the premises of the public school

during regular school hours whom the school nurse or other designated employee

reasonably believes is experiencing anaphylaxis.

      4.  A public school may accept gifts,

grants and donations from any source for the support of the public school in

carrying out the provisions of this section, including, without limitation, the

acceptance of auto-injectable epinephrine from a manufacturer or wholesaler of

auto-injectable epinephrine.

      (Added to NRS by 2013, 1224)

      NRS 388.427  Training concerning food allergies and development of

comprehensive action plan concerning anaphylaxis.  Each

public school, including, without limitation, each charter school, shall, to

the extent feasible:

      1.  Provide training concerning food

allergies to each employee who works with food at the school and to such other

employees as deemed appropriate by the school nurse in collaboration with the

principal or other person in charge of the school; and

      2.  Develop a comprehensive action plan

concerning anaphylaxis, which includes, without limitation, information

relating to:

      (a) The risks that may cause anaphylaxis;

      (b) Ways to avoid risks that may cause

anaphylaxis;

      (c) The signs and symptoms of a person

experiencing anaphylaxis;

      (d) How to access auto-injectable epinephrine

when necessary; and

      (e) Medical care that should be received after

the administration of auto-injectable epinephrine.

      (Added to NRS by 2013, 1225)

PUPILS WITH DISABILITIES AND GIFTED AND TALENTED PUPILS

General Provisions

      NRS 388.440  Definitions.  As

used in NRS 388.440 to 388.5317,

inclusive:

      1.  “Communication mode” means any system

or method of communication used by a person who is deaf or whose hearing is

impaired to facilitate communication which may include, without limitation:

      (a) American Sign Language;

      (b) English-based manual or sign systems;

      (c) Oral and aural communication;

      (d) Spoken and written English, including speech

reading or lip reading; and

      (e) Communication with assistive technology

devices.

      2.  “Gifted and talented pupil” means a

person under the age of 18 years who demonstrates such outstanding academic

skills or aptitudes that the person cannot progress effectively in a regular

school program and therefore needs special instruction or special services.

      3.  “Individualized education program” has

the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      4.  “Individualized education program team”

has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

      5.  “Pupil who receives early intervening

services” means a person enrolled in kindergarten or grades 1 to 12, inclusive,

who is not a pupil with a disability but who needs additional academic and

behavioral support to succeed in a regular school program.

      6.  “Pupil with a disability” means a

person under the age of 22 years who deviates either educationally, physically,

socially or emotionally so markedly from normal patterns that the person cannot

progress effectively in a regular school program and therefore needs special

instruction or special services.

      [280:32:1956]—(NRS A 1969, 444; 1973, 1427, 1579,

1846; 1989, 691;

1993, 2159;

1999, 3241;

2007, 2919;

2009, 754;

2011, 800,

2705, 2715; 2013, 743)

Educational Services and Programs

      NRS 388.450  Provision of education to pupils with disabilities and gifted

and talented pupils; authorization for certain school districts to provide

early intervening services; uniform criteria for eligibility for instruction.

      1.  The Legislature declares that the basic

support guarantee for each special education program unit established by law

for each school year establishes financial resources sufficient to ensure a

reasonably equal educational opportunity to pupils with disabilities and gifted

and talented pupils residing in Nevada.

      2.  Subject to the provisions of NRS 388.440 to 388.520,

inclusive, the board of trustees of each school district shall make such

special provisions as may be necessary for the education of pupils with

disabilities and gifted and talented pupils.

      3.  The board of trustees of a school

district in a county whose population is less than 700,000 may provide early

intervening services. Such services must be provided in accordance with the

Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the

regulations adopted pursuant thereto.

      4.  The board of trustees of a school

district shall establish uniform criteria governing eligibility for instruction

under the special education programs provided for by NRS

388.440 to 388.520, inclusive. The criteria

must prohibit the placement of a pupil in a program for pupils with

disabilities solely because the pupil is a disciplinary problem in school. The

criteria are subject to such standards as may be prescribed by the State Board.

      [281:32:1956]—(NRS A 1969, 445, 887; 1973, 1428; 1979, 1596; 1993, 2159; 1995, 679; 1999, 1966; 2009, 755; 2011, 1248)

      NRS 388.460  Pupils not required to take advantage of special provisions for

education.  A pupil must not be

required to take advantage of the special provisions for the education of

pupils with disabilities or gifted and talented pupils if the parent or guardian

of the pupil files a statement with the board of trustees of the school

district showing that the pupil is receiving adequate educational advantages.

      [282:32:1956]—(NRS A 1969, 445; 1973, 1428; 1993, 2159)

      NRS 388.470  Placement of child in special program; effect of military

transfer of parent of child.

      1.  Before any child is placed in a special

program for pupils with disabilities or gifted and talented pupils:

      (a) A consultation must be held with the child’s

parents or guardian.

      (b) An examination must be conducted for the

purpose of finding the extent to which the child deviates from normal growth

and development patterns. The examination must be conducted in accordance with

standards prescribed by the State Board.

      2.  A psychiatrist may be consulted in any

specific case when the board of trustees of a school district deems it

necessary.

      3.  The board of trustees of a school

district or the governing body of a charter school shall not place a child or authorize

the placement of a child in a program for pupils with disabilities solely

because the child is a disciplinary problem in school.

      4.  Pursuant to the provisions of NRS 392C.010, a child with a disability

who transfers to a school in this State from a school inside or outside this

State because of the military transfer of the parent or legal guardian of the

child must initially be provided services that are comparable to the services

the child received at his or her previous school under his or her current

individualized education program until the placement of the child is determined

pursuant to this section.

      [283:32:1956]—(NRS A 1973, 1428; 1979, 1596; 1993, 2159; 1999, 1966; 2009, 2616)

      NRS 388.475  Ages for admission to special programs; enrollment counted for

apportionment.

      1.  Except as otherwise provided in NRS 388.460, eligible pupils with disabilities must be

admitted at the age of 3 years to special programs established for such pupils,

and their enrollment or attendance may be counted for the purpose of

apportionment.

      2.  Gifted and talented pupils may be

admitted at the age of 4 years to special programs established for such pupils,

and their enrollment or attendance may be counted for apportionment purposes.

      [285:32:1956]—(NRS A 1969, 445; 1971, 548; 1973,

1429; 1975, 1119; 1989,

691, 1555;

1993, 2160)—(Substituted

in revision for NRS 388.490)

      NRS 388.477  Pupils with hearing impairment: Requirements for consideration

in development of individualized education program; additional considerations

for best feasible instruction.

      1.  When developing an individualized

education program for a pupil with a hearing impairment in accordance with NRS 388.520, the pupil’s individualized education

program team shall consider, without limitation:

      (a) The related services and program options that

provide the pupil with an appropriate and equal opportunity for communication

access;

      (b) The pupil’s primary communication mode;

      (c) The availability to the pupil of a sufficient

number of age, cognitive, academic and language peers of similar abilities;

      (d) The availability to the pupil of adult models

who are deaf or hearing impaired and who use the pupil’s primary communication

mode;

      (e) The availability of special education

teachers, interpreters and other special education personnel who are proficient

in the pupil’s primary communication mode;

      (f) The provision of academic instruction, school

services and direct access to all components of the educational process,

including, without limitation, advanced placement courses, career and technical

education courses, recess, lunch, extracurricular activities and athletic

activities;

      (g) The preferences of the parent or guardian of

the pupil concerning the best feasible services, placement and content of the

pupil’s individualized education program; and

      (h) The appropriate assistive technology

necessary to provide the pupil with an appropriate and equal opportunity for

communication access.

      2.  When determining the best feasible

instruction to be provided to the pupil in his or her primary communication

mode, the pupil’s individualized education program team may consider, without

limitation:

      (a) Changes in the pupil’s hearing or vision;

      (b) Development in or availability of assistive

technology;

      (c) The physical design and acoustics of the

learning environment; and

      (d) The subject matter of the instruction to be

provided.

      (Added to NRS by 2013, 742)

      NRS 388.481  Pupils with autism spectrum disorder: Initial evaluation by

school district or charter school; reevaluation and review of individualized

education program; assistance and training for persons who conduct evaluation.

      1.  The board of trustees of a school

district or the governing body of a charter school shall conduct an initial

evaluation of each pupil with autism spectrum disorder in accordance with the

Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the

regulations prescribed by the State Board pursuant to NRS

388.520 and shall, once every 3 years thereafter, conduct a reevaluation in

accordance with the Individuals with Disabilities Education Act and the

regulations of the State Board. The individualized education program for the

pupil must be reviewed, and amended as appropriate, in compliance with the

Individuals with Disabilities Education Act and the regulations of the State

Board.

      2.  The board of trustees of a school

district or the governing body of a charter school shall ensure that each person

who conducts an evaluation of a pupil with autism spectrum disorder is provided

with technical assistance and training to improve the accuracy and efficiency

in conducting such evaluations.

      (Added to NRS by 2011, 2705,

2715)

      NRS 388.483  Pupils with autism spectrum disorder: Department required to

submit annual report to Aging and Disability Services Division.

      1.  The Department of Education shall

report annually to the Aging and Disability Services Division of the Department

of Health and Human Services information relating to pupils with autism

spectrum disorders. The information must:

      (a) Be submitted in the form required by the

Aging and Disability Services Division; and

      (b) Include the total number of pupils with autism

spectrum disorders who are enrolled in public schools in this State, including

all pupils with autism spectrum disorders who have an individualized education

program.

      2.  A pupil with autism spectrum disorder

who is designated as a pupil with more than one physical or mental impairment

or disability must be included as a pupil with autism spectrum disorder for the

purposes of reporting information pursuant to this section.

      3.  The reporting made pursuant to this

section must comply with the Family Educational Rights and Privacy Act of 1974,

20 U.S.C. § 1232g, and any other applicable state and federal privacy laws.

      (Added to NRS by 2011, 2705,

2715)

      NRS 388.492  Pupil with a disability attains 18 years of age: Rights transfer

to pupil; notice to parent and pupil; exception for pupil adjudicated

incompetent.

      1.  Except as otherwise provided in this

section and NRS 388.493, any right accorded to a

parent of a pupil with a disability pursuant to the Individuals with

Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or the regulations

adopted pursuant thereto, transfers to the pupil when the pupil attains the age

of 18 years.

      2.  Not less than 90 days before the date

on which a pupil with a disability attains the age of 18 years, the school

district or charter school in which the pupil is enrolled shall provide notice

to the:

      (a) Parent of the transfer of the parent’s rights

pursuant to subsection 1 and of the process for submission of an application to

the school district or charter school pursuant to NRS

388.493.

      (b) Pupil concerning the transfer of rights to the

pupil.

      3.  If a pupil with a disability attains

the age of 18 years and the pupil is enrolled in a program of special education

pursuant to NRS 388.440 to 388.5317,

inclusive, the school district or charter school in which the pupil is enrolled

shall provide any notice required pursuant to the Individuals with Disabilities

Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant

thereto, or NRS 388.440 to 388.5317,

inclusive, and the regulations adopted pursuant thereto, to the:

      (a) Parent; and

      (b) Pupil with a disability,

Ê regardless

of whether the parent is appointed to represent the educational interests of

the pupil pursuant to NRS 388.493 or the rights

transfer to the pupil pursuant to subsection 1.

      4.  If a court of competent jurisdiction

adjudicates a pupil with a disability incompetent and appoints a guardian for

the pupil, all rights pursuant to the Individuals with Disabilities Education

Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto,

remain with or otherwise transfer to the guardian.

      (Added to NRS by 2007, 2918)

      NRS 388.493  Pupil with a disability attains 18 years of age: Application by

parent to represent educational interests of pupil; duration of representation;

appeal; regulations.

      1.  A parent of a pupil with a disability

may, at least 90 days before the pupil attains 18 years of age, submit an

application to the school district or the charter school in which the pupil is

enrolled to appoint the parent to represent the educational interests of the

pupil if:

      (a) The parent believes that the pupil does not have

the ability to provide informed consent with respect to the pupil’s own

educational program; and

      (b) The status of the pupil is such, as

determined in accordance with the regulations adopted pursuant to subsection 5,

that the parent is authorized to submit such an application.

      2.  The application must be submitted on a

concise form prescribed by the Department. The application:

      (a) Must not be unduly burdensome on the parent

to fill out; and

      (b) Must not require the pupil to sign the

application or otherwise require the pupil to grant permission for the parent

to represent the pupil’s educational interests.

      3.  If the school district or charter

school grants an application, the parent shall continue to represent the

educational interests of the pupil until:

      (a) The pupil receives a standard high school

diploma or an adjusted diploma;

      (b) The pupil is no longer enrolled in a program

of special education pursuant to NRS 388.440 to 388.5317, inclusive; or

      (c) The parent elects to transfer the right to

represent educational interests to the pupil.

      4.  A parent or a pupil may appeal a

determination made pursuant to this section in accordance with the procedure

used by the Department for administrative complaints.

      5.  The State Board shall adopt regulations

to carry out this section and NRS 388.492, including,

without limitation, the establishment of criteria for determining whether the

status of a pupil with a disability is such that his or her parent is

authorized to submit an application to represent the educational interests of

the pupil pursuant to this section.

      (Added to NRS by 2007, 2918)

      NRS 388.500  Special ungraded schools and programs; powers of trustees.

      1.  Pupils with disabilities or gifted and

talented pupils, or both, may be instructed in special ungraded schools or

within special programs established for the instruction of such pupils.

      2.  Boards of trustees of school districts

may:

      (a) Purchase sites and erect buildings for those

purposes in the same manner as other school sites or school buildings may be

purchased and erected.

      (b) Rent suitable property at an economical

rental for special or ungraded rooms.

      (c) Accept gifts or donations of sites and

buildings for those purposes.

      [286:32:1956]—(NRS A 1969, 445; 1973, 1429; 1993, 2160)

      NRS 388.507  Hearings conducted pursuant to Individuals with Disabilities

Education Act: Burden of proof and burden of production on school district

during certain due process hearings.  Whenever

a due process hearing is held pursuant to the Individuals with Disabilities

Education Act, 20 U.S.C. §§ 1400 et seq., regarding the identification,

evaluation, reevaluation, classification, educational placement or disciplinary

action of or provision of a free appropriate public education to a pupil with a

disability, and a school district is a party, the school district has the

burden of proof and the burden of production.

      (Added to NRS by 2011, 800)

      NRS 388.509  Hearings conducted pursuant to Individuals with Disabilities

Education Act: Authority of Department to issue subpoenas; enforcement of

subpoena by court.

      1.  The Department may issue a subpoena to

compel the attendance of witnesses, the giving of testimony and the production

of books and papers at an administrative hearing conducted pursuant to the

provisions of 20 U.S.C. § 1415 on behalf of a party to that hearing. The

subpoena must be signed by the Superintendent of Public Instruction or a person

designated by the Superintendent for this purpose. If a person fails to comply

with a subpoena, the Department may apply to the district court for enforcement

of the subpoena.

      2.  The district court in and for Carson

City or the county in which a hearing is being conducted for which such a

subpoena was issued may, upon receipt of such an application, compel the

attendance of witnesses, the giving of testimony and the production of books

and papers as required by the subpoena.

      3.  In case of the refusal of any witness

to attend or testify or produce any papers required by the subpoena, the person

holding the hearing may report to the district court by petition, setting

forth:

      (a) That due notice has been given of the time

and place of attendance of the witness or the production of the books and

papers;

      (b) That the witness has been subpoenaed in

accordance with this section; and

      (c) That the witness has failed and refused to

attend or produce the papers required by subpoena before the person holding the

hearing named in the subpoena, or has refused to answer questions propounded to

him or her in the course of the hearing,

Ê and asking

an order of the court compelling the witness to attend and testify or produce

the books or papers before the person.

      4.  The court, upon petition of the person

holding the hearing, shall enter an order directing the witness to appear

before the court at a time and place to be fixed by the court in the order, the

time must not be more than 10 days after the date of the order, and then and

there show cause why the witness has not attended or testified or produced the

books or papers before the person holding the hearing. A certified copy of the

order must be served upon the witness. If it appears to the court that the

subpoena was regularly issued by the person holding the hearing, the court

shall thereupon enter an order that the witness appear before the person at the

time and place fixed in the order and testify or produce the required books or

papers, and upon failure to obey the order, the witness must be dealt with as

for contempt of court.

      (Added to NRS by 1997, 2526)

      NRS 388.520  Use of form for development, review and revision of

individualized education program; minimum standards for special education and

early intervening services; limitation on apportionment of state money for

instruction.

      1.  The Department shall:

      (a) Prescribe a form that contains the basic

information necessary for the uniform development, review and revision of an

individualized education program for a pupil with a disability in accordance

with 20 U.S.C. § 1414(d); and

      (b) Make the form available on a computer disc

for use by school districts and, upon request, in any other manner deemed

reasonable by the Department.

      2.  Except as otherwise provided in this

subsection, each school district shall ensure that the form prescribed by the

Department is used for the development, review and revision of an

individualized education program for each pupil with a disability who receives

special education in the school district. A school district may use 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.

      3.  The State Board:

      (a) Shall prescribe minimum standards for the

special education of pupils with disabilities and gifted and talented pupils.

      (b) May prescribe minimum standards for the

provision of early intervening services.

      4.  The minimum standards prescribed by the

State Board must include standards for programs of instruction or special

services maintained for the purpose of serving pupils with:

      (a) Hearing impairments, including, but not

limited to, deafness.

      (b) Visual impairments, including, but not

limited to, blindness.

      (c) Orthopedic impairments.

      (d) Speech and language impairments.

      (e) Intellectual disabilities.

      (f) Multiple impairments.

      (g) Serious emotional disturbances.

      (h) Other health impairments.

      (i) Specific learning disabilities.

      (j) Autism spectrum disorders.

      (k) Traumatic brain injuries.

      (l) Developmental delays.

      (m) Gifted and talented abilities.

      5.  The minimum standards prescribed by the

State Board for pupils with hearing impairments, including, without limitation,

deafness, pursuant to paragraph (a) of subsection 4 must provide:

      (a) That a pupil cannot be denied the opportunity

for instruction in a particular communication mode solely because the

communication mode originally chosen for the pupil is different from a

communication mode recommended by the pupil’s individualized education program

team; and

      (b) That, to the extent feasible, as determined

by the board of trustees of the school district, a school is required to

provide instruction to those pupils in more than one communication mode.

      6.  No apportionment of state money may be

made to any school district or charter school for the instruction of pupils

with disabilities and gifted and talented pupils until the program of

instruction maintained therein for such pupils is approved by the

Superintendent of Public Instruction as meeting the minimum standards

prescribed by the State Board.

      7.  The Department shall, upon the request

of the board of trustees of a school district, provide information to the board

of trustees concerning the identification and evaluation of pupils with

disabilities in accordance with the standards prescribed by the State Board.

      8.  The Department shall post on the

Internet website maintained by the Department the data that is submitted to the

United States Secretary of Education pursuant to 20 U.S.C. § 1418 within 30

days after submission of the data to the Secretary in a manner that does not

result in the disclosure of data that is identifiable to an individual pupil.

      [288:32:1956]—(NRS A 1969, 445; 1973, 1429; 1977, 885; 1979, 1597; 1981, 245; 1989, 692; 1993, 2160; 1997, 1867; 1999, 1750; 2009, 755; 2011, 2706,

2716; 2013, 694, 744)

Use of Aversive Intervention, Physical Restraint and

Mechanical Restraint on Pupils With Disabilities

      NRS 388.521  Definitions.  As

used in NRS 388.521 to 388.5317,

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

in NRS 388.5215 to 388.526,

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

      (Added to NRS by 1999, 3236; A 2009, 918)

      NRS 388.5215  “Aversive intervention” defined.  “Aversive

intervention” means any of the following actions if the action is used to

punish a pupil with a disability or to eliminate, reduce or discourage

maladaptive behavior of a pupil with a disability:

      1.  The use of noxious odors and tastes;

      2.  The use of water and other mists or

sprays;

      3.  The use of blasts of air;

      4.  The use of corporal punishment;

      5.  The use of verbal and mental abuse;

      6.  The use of electric shock;

      7.  The administration of chemical

restraint to a person;

      8.  The placement of a person alone in a

room where release from the room is prohibited by a mechanism, including,

without limitation, a lock, device or object positioned to hold the door closed

or otherwise prevent the person from leaving the room;

      9.  Requiring a person to perform exercise

under forced conditions if the:

      (a) Person is required to perform the exercise

because he or she exhibited a behavior that is related to his or her

disability;

      (b) Exercise is harmful to the health of the

person because of his or her disability; or

      (c) Nature of the person’s disability prevents

him or her from engaging in the exercise; or

      10.  The deprivation of necessities needed

to sustain the health of a person, regardless of the length of the deprivation,

including, without limitation, the denial or unreasonable delay in the

provision of:

      (a) Food or liquid at a time when it is

customarily served; or

      (b) Medication.

      (Added to NRS by 1999, 3237)

      NRS 388.522  “Chemical restraint” defined.  “Chemical

restraint” means the administration of drugs for the specific and exclusive

purpose of controlling an acute or episodic aggressive behavior when

alternative intervention techniques have failed to limit or control the

behavior. The term does not include the administration of drugs on a regular

basis, as prescribed by a physician, to treat the symptoms of mental, physical,

emotional or behavioral disorders and for assisting a person in gaining

self-control over his or her impulses.

      (Added to NRS by 1999, 3237)

      NRS 388.5225  “Corporal punishment” defined.  “Corporal

punishment” means the intentional infliction of physical pain, including,

without limitation, hitting, pinching or striking.

      (Added to NRS by 1999, 3237)

      NRS 388.523  “Electric shock” defined.  “Electric

shock” means the application of electric current to a person’s skin or body.

The term does not include electroconvulsive therapy.

      (Added to NRS by 1999, 3237)

      NRS 388.5235  “Emergency” defined.  “Emergency”

means a situation in which immediate intervention is necessary to protect the

physical safety of a person or others from an immediate threat of physical

injury or to protect against an immediate threat of severe property damage.

      (Added to NRS by 1999, 3237)

      NRS 388.524  “Individualized education program” defined.  Repealed. (See chapter 196, Statutes of Nevada

2013, at page 745.)

 

      NRS 388.5245  “Individualized education program team” defined.  Repealed. (See chapter 196, Statutes of Nevada

2013, at page 745.)

 

      NRS 388.525  “Mechanical restraint” defined.  “Mechanical

restraint” means the use of devices, including, without limitation, mittens,

straps and restraint chairs to limit a person’s movement or hold a person

immobile.

      (Added to NRS by 1999, 3238)

      NRS 388.5255  “Physical restraint” defined.  “Physical

restraint” means the use of physical contact to limit a person’s movement or

hold a person immobile.

      (Added to NRS by 1999, 3238)

      NRS 388.526  “Verbal and mental abuse” defined.  “Verbal

and mental abuse” means actions or utterances that are intended to cause and

actually cause severe emotional distress to a person.

      (Added to NRS by 1999, 3238)

      NRS 388.5265  Aversive intervention prohibited.  A

person employed by the board of trustees of a school district or any other

person shall not use any aversive intervention on a pupil with a disability.

      (Added to NRS by 1999, 3238)

      NRS 388.527  Physical restraint and mechanical restraint prohibited;

exceptions.  A person employed by

the board of trustees of a school district or any other person shall not:

      1.  Except as otherwise provided in NRS 388.5275, use physical restraint on a pupil with

a disability.

      2.  Except as otherwise provided in NRS 388.528, use mechanical restraint on a pupil with

a disability.

      (Added to NRS by 1999, 3238)

      NRS 388.5275  Conditions under which physical restraint may be used; report

required; requirements if pupil has three or five reports of use of restraint

in 1 school year.

      1.  Except as otherwise provided in

subsection 2, physical restraint may be used on a pupil with a disability only

if:

      (a) An emergency exists that necessitates the use

of physical restraint;

      (b) The physical restraint is used only for the

period that is necessary to contain the behavior of the pupil so that the pupil

is no longer an immediate threat of causing physical injury to the pupil or to

others or causing severe property damage; and

      (c) The use of force in the application of

physical restraint does not exceed the force that is reasonable and necessary

under the circumstances precipitating the use of physical restraint.

      2.  Physical restraint may be used on a

pupil with a disability and the provisions of subsection 1 do not apply if the

physical restraint is used to:

      (a) Assist the pupil in completing a task or

response if the pupil does not resist the application of physical restraint or

if the pupil’s resistance is minimal in intensity and duration;

      (b) Escort or carry the pupil to safety if the

pupil is in danger in his or her present location; or

      (c) Conduct medical examinations or treatments on

the pupil that are necessary.

      3.  If physical restraint is used on a

pupil with a disability in an emergency, the use of the procedure must be

reported in the pupil’s cumulative record and a confidential file maintained

for the pupil not later than 1 working day after the procedure is used. A copy

of the report must be provided to the board of trustees of the school district

or its designee, the pupil’s individualized education program team and the

parent or guardian of the pupil. If the board of trustees or its designee

determines that a denial of the pupil’s rights has occurred, the board of

trustees or its designee shall submit a report to the Department in accordance

with NRS 388.5315.

      4.  If a pupil with a disability has three

reports of the use of physical restraint in his or her record pursuant

subsection 3 in 1 school year, the school district shall notify the school in

which the pupil is enrolled to review the circumstances of the use of the

restraint on the pupil and provide a report to the school district on its

findings.

      5.  If a pupil with a disability has five

reports of the use of physical restraint in his or her record pursuant to

subsection 3 in 1 school year, the pupil’s individualized education program

must be reviewed in accordance with the Individuals with Disabilities Education

Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto.

If physical restraint continues after the pupil’s individualized education

program has been reviewed, the school district and the parent or legal guardian

of the pupil shall include in the pupil’s individualized education program

additional methods that are appropriate for the pupil to ensure that the

restraint does not continue, including, without limitation, mentoring,

training, a functional behavioral assessment, a positive behavior plan and

positive behavioral supports.

      (Added to NRS by 1999, 3238; A 2009, 918)

      NRS 388.528  Conditions under which mechanical restraint may be used; report

required; requirements if pupil has three or five reports of use of restraint

in 1 school year.

      1.  Except as otherwise provided in

subsection 2, mechanical restraint may be used on a pupil with a disability

only if:

      (a) An emergency exists that necessitates the use

of mechanical restraint;

      (b) A medical order authorizing the use of

mechanical restraint from the pupil’s treating physician is included in the

pupil’s individualized education program before the application of the

mechanical restraint;

      (c) The physician who signed the order required

pursuant to paragraph (b) or the attending physician examines the pupil as soon

as practicable after the application of the mechanical restraint;

      (d) The mechanical restraint is applied by a

member of the staff of the school who is trained and qualified to apply

mechanical restraint;

      (e) The pupil is given the opportunity to move

and exercise the parts of his or her body that are restrained at least 10

minutes per every 60 minutes of restraint, unless otherwise prescribed by the

physician who signed the order;

      (f) A member of the staff of the school lessens

or discontinues the restraint every 15 minutes to determine whether the pupil

will stop injury to himself or herself without the use of the restraint;

      (g) The record of the pupil contains a notation

that includes the time of day that the restraint was lessened or discontinued

pursuant to paragraph (f), the response of the pupil and the response of the

member of the staff of the school who applied the mechanical restraint;

      (h) A member of the staff of the school

continuously monitors the pupil during the time that mechanical restraint is

used on the pupil; and

      (i) The mechanical restraint is used only for the

period that is necessary to contain the behavior of the pupil so that the pupil

is no longer an immediate threat of causing physical injury to himself or

herself.

      2.  Mechanical restraint may be used on a

pupil with a disability and the provisions of subsection 1 do not apply if the

mechanical restraint is used to:

      (a) Treat the medical needs of the pupil;

      (b) Protect a pupil who is known to be at risk of

injury to himself or herself because he or she lacks coordination or suffers

from frequent loss of consciousness;

      (c) Provide proper body alignment to a pupil; or

      (d) Position a pupil who has physical

disabilities in a manner prescribed in the pupil’s individualized education

program.

      3.  If mechanical restraint is used on a

pupil with a disability in an emergency, the use of the procedure must be

reported in the pupil’s cumulative record and a confidential file maintained

for the pupil not later than 1 working day after the procedure is used. A copy

of the report must be provided to the board of trustees of the school district

or its designee, the pupil’s individualized education program team and the

parent or guardian of the pupil. If the board of trustees or its designee

determines that a denial of the pupil’s rights has occurred, the board of

trustees or its designee shall submit a report to the Department in accordance

with NRS 388.5315.

      4.  If a pupil with a disability has three

reports of the use of mechanical restraint in his or her record pursuant to

subsection 3 in 1 school year, the school district shall notify the school in

which the pupil is enrolled to review the circumstances of the use of the

restraint on the pupil and provide a report of its findings to the school

district.

      5.  If a pupil with a disability has five

reports of the use of mechanical restraint in his or her record pursuant to

subsection 3 in 1 school year, the pupil’s individualized education program

must be reviewed in accordance with the Individuals with Disabilities Education

Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto.

If mechanical restraint continues after the pupil’s individualized education

program has been reviewed, the school district and the parent or legal guardian

of the pupil shall include in the pupil’s individualized education program

additional methods that are appropriate for the pupil to ensure that restraint

does not continue, including, without limitation, mentoring, training, a

functional behavioral assessment, a positive behavior plan and positive

behavioral supports.

      (Added to NRS by 1999, 3238; A 2009, 919)

      NRS 388.5285  Mandatory education and training for staff.

      1.  The Department shall develop a model

program of education for use by the school districts to train the members of

the staff of the schools within the school districts who are identified in the

individualized education programs of pupils with disabilities to provide

services to those pupils. The model program of education must provide instruction

in positive behavioral interventions and positive behavioral supports that:

      (a) Includes positive methods to modify the

environment of pupils with disabilities to promote adaptive behavior and reduce

the occurrence of inappropriate behavior;

      (b) Includes methods to teach skills to pupils

with disabilities so that the pupils can replace inappropriate behavior with

adaptive behavior;

      (c) Includes methods to enhance the independence

and quality of life for pupils with disabilities;

      (d) Includes the use of the least intrusive

methods to respond to and reinforce the behavior of pupils with disabilities;

and

      (e) Offers a process for designing interventions

based upon the pupil that are focused on promoting appropriate changes in

behavior as well as enhancing the overall quality of life for the pupil.

      2.  The board of trustees of each school

district shall provide for appropriate training for the members of the staff of

the schools within the school district who are authorized to carry out and

monitor physical restraint and mechanical restraint to ensure that those

members of the staff are qualified to carry out the procedures in accordance

with NRS 388.521 to 388.5317,

inclusive.

      (Added to NRS by 1999, 3239)

      NRS 388.529  Disciplinary action against person for intentional violation.  In addition to any penalty prescribed by

specific statute, a person who intentionally uses aversive intervention on a

pupil with a disability or intentionally violates NRS

388.527 is subject to disciplinary action pursuant to NRS 391.31297 or 391.330, or both.

      (Added to NRS by 1999, 3240)

      NRS 388.5295  Report of violation; corrective plan required; appointment of

administrator to oversee school under certain circumstances.

      1.  A school where a violation of NRS 388.521 to 388.5317,

inclusive, occurs shall report the violation to the board of trustees of the

school district not later than 24 hours after the violation occurred, or as

soon thereafter as the violation is discovered.

      2.  The board of trustees of the school

district where the violation occurred shall develop, in cooperation with the

superintendent of schools of the school district, a corrective plan to ensure

that within 30 calendar days after the violation occurred, appropriate action

is taken by the school and the board of trustees to prevent future violations.

      3.  The superintendent of schools of the

school district shall submit the plan to the Department. The Department shall

review the plan to ensure that it complies with applicable federal law and the

statutes and regulations of this state. The Department may require appropriate

revision of the plan to ensure compliance.

      4.  If the school where the violation

occurred does not meet the requirements of the plan to the satisfaction of the

Department, the Department may appoint a licensed administrator to oversee the

school to ensure that the school meets the requirements of the plan. An

administrator serves at the pleasure of the Superintendent of Public

Instruction and is entitled to receive such compensation as may be set by the

superintendent. A school district that contains a school for which an

administrator is appointed pursuant to this subsection shall reimburse the

Department for any expenses incurred by the Department pursuant to this

subsection.

      (Added to NRS by 1999, 3240)

      NRS 388.531  Retaliation for reporting violation prohibited.  An officer, administrator or employee of a

public school shall not retaliate against any person for having:

      1.  Reported a violation of NRS 388.521 to 388.5317,

inclusive; or

      2.  Provided information regarding a

violation of NRS 388.521 to 388.5317,

inclusive,

Ê by a public

school or a member of the staff of the public school.

      (Added to NRS by 1999, 3241)

      NRS 388.5315  Reporting of denial of rights; investigation and resolution of

disputes by Department.

      1.  A denial of rights of a pupil with a

disability pursuant to NRS 388.521 to 388.5317, inclusive, must be entered in the pupil’s

cumulative record and a confidential file maintained for that pupil. Notice of

the denial must be provided to the board of trustees of the school district or

its designee.

      2.  If the board of trustees of a school

district or its designee receives notice of a denial of rights pursuant to

subsection 1, the board of trustees or its designee shall cause a full report

to be prepared which must set forth in detail the factual circumstances

surrounding the denial. A copy of the report must be provided to the

Department.

      3.  The Department:

      (a) Shall receive reports made pursuant to

subsection 2;

      (b) May investigate apparent violations of the

rights of pupils with disabilities; and

      (c) May act to resolve disputes relating to apparent

violations.

      (Added to NRS by 1999, 3241; A 2009, 921)

      NRS 388.5317  Annual report by school districts on use of restraint and

violations; compilation of reports by Department; submission of compilation to

Legislature.

      1.  The board of trustees of each school

district shall, on or before August 1 of each year, prepare a report in the

form prescribed by the Department that includes, without limitation, for each

school within the school district:

      (a) The number of instances in which physical

restraint was used at the school during the immediately preceding school year,

which must indicate the number of instances per teacher employed at the school

and per pupil enrolled at the school without disclosing personally identifiable

information about the teacher or the pupil;

      (b) The number of instances in which mechanical

restraint was used at the school during the immediately preceding school year,

which must indicate the number of instances per teacher employed at the school

and per pupil enrolled at the school without disclosing personally identifiable

information about the teacher or the pupil; and

      (c) The number of violations of NRS 388.521 to 388.5317,

inclusive, by type of violation, which must indicate the number of violations

per teacher employed at the school and per pupil enrolled at the school without

disclosing personally identifiable information about the teacher or the pupil.

      2.  The board of trustees of each school

district shall prescribe a form for each school within the school district to

report the information set forth in subsection 1 to the school district and the

time by which those reports must be submitted to the school district.

      3.  On or before August 15 of each year,

the board of trustees of each school district shall submit to the Department

the written report prepared by the board of trustees pursuant to subsection 1.

      4.  The Department shall compile the data

received by each school district pursuant to subsection 3 and prepare a written

report of the compilation, disaggregated by school district. On or before

October 1 of each year, the Department shall submit the written compilation:

      (a) In even-numbered years, to the Director of

the Legislative Counsel Bureau for transmission to the next regular session of

the Legislature.

      (b) In odd-numbered years, to the Legislative

Committee on Education.

      5.  If a particular item in a report required

pursuant to this section would reveal personally identifiable information about

an individual pupil or teacher, that item must not be included in the report.

      (Added to NRS by 2009, 918)

PROGRAMS TO PREVENT CRIMINAL ACTIVITY; OPERATION OF

ALTERNATIVE PROGRAMS

      NRS 388.532  Development of programs.

      1.  The State Board in cooperation with the

board of trustees of the various county school districts shall develop for

pupils in the first through eighth grades:

      (a) Programs designed to reduce the number of

pupils who drop out of school; and

      (b) Programs for the prevention of the abuse of

alcohol and controlled substances.

      2.  The State Board in cooperation with the

board of trustees of the various county school districts may seek the

cooperation of private industry in developing for pupils in all grades programs

and activities designed to reduce the number of pupils who participate in the

activities of criminal gangs, as defined in NRS

213.1263.

      (Added to NRS by 1991, 2079; A 1995, 1426)

      NRS 388.537  Alternative programs for pupils at risk of dropping out of

school.

      1.  The board of trustees of a school

district may, subject to the approval of the Superintendent of Public

Instruction, operate an alternative program for the education of pupils at risk

of dropping out of school, including pupils who are enrolled in kindergarten or

grades 1 to 12, inclusive.

      2.  The board of trustees of a school

district may submit to the Department, in the form prescribed by the

Department, a plan to operate an alternative program.

      3.  The Superintendent of Public

Instruction shall review each plan to operate an alternative program submitted

to the Department and approve or deny the plan. Approval by the Superintendent

constitutes approval of each component of the plan for the alternative program.

      4.  If a plan for an alternative program is

denied by the Superintendent of Public Instruction, the board of trustees of a

school district may appeal the decision of the Superintendent to the State

Board. The State Board may approve or deny the plan for the alternative program

upon appeal.

      5.  An alternative program may include:

      (a) A shorter school day or an opportunity for

pupils to attend a longer school day than that regularly provided in the school

district. The alternative program must provide for a number of minutes of

instruction that is equal to or greater than that which would be provided under

a program consisting of 180 school days.

      (b) An opportunity for pupils to attend classes

of instruction during any part of the calendar year.

      (c) A comprehensive curriculum that includes

elective classes of instruction and career and technical education.

      (d) An opportunity for pupils to obtain academic

credit through experience gained at work or while engaged in other activities.

      (e) An opportunity for pupils to satisfy either:

             (1) The requirements for a regular high

school diploma; or

             (2) The requirements for an adult standard

diploma.

      (f) The provision of child care for the children

of pupils.

      (g) The transportation of pupils to and from

classes of instruction.

      (h) The placement of pupils for independent study

pursuant to NRS 389.155, if the board

of trustees of the school district determines that the pupil would benefit from

such placement.

      6.  The board of trustees of a school

district may operate an alternative program pursuant to this section through a

program of distance education pursuant to NRS 388.820

to 388.874, inclusive.

      (Added to NRS by 1993, 458; A 2001, 3156; 2005, 1050; 2007, 1991)

INSTRUCTION OF CHILDREN DETAINED IN FACILITIES FOR THE

DETENTION OF CHILDREN, ALTERNATIVE PROGRAMS, JUVENILE FORESTRY CAMPS AND

JUVENILE TRAINING SCHOOLS

      NRS 388.550  Employment of teachers with approval of juvenile court and

county commissioners.

      1.  With the approval of the juvenile court

and the board of county commissioners, the board of trustees of a school

district may employ necessary legally qualified teachers for the instruction of

children detained in:

      (a) A facility for the detention of children or

an alternative program maintained by the county pursuant to the provisions of

title 5 of NRS.

      (b) A juvenile forestry camp established by the

county pursuant to the provisions of NRS

244.297.

      (c) A juvenile training school established by the

State pursuant to the provisions of title 5 of NRS.

      2.  As used in this section, “juvenile

court” has the meaning ascribed to it in NRS

62A.180.

      (Added to NRS by 1961, 120; A 1967, 1582; 1989, 1815; 1991, 2185; 2003, 1138)

      NRS 388.560  Courses of instruction; school district to furnish textbooks,

equipment and supplies.  Only

courses of instruction approved by the State Board may be given in such local,

regional or state facilities for the detention of children, alternative

programs or juvenile forestry camps. Necessary textbooks, equipment and

supplies must be furnished by the school district.

      (Added to NRS by 1961, 120; A 1967, 1583; 1989, 1815; 2003, 1139)

      NRS 388.570  Computation of enrollment and average daily attendance; reports

to Superintendent of Public Instruction.

      1.  The State Board shall establish

regulations for the computation of enrollment and average daily attendance of

children detained in facilities for the detention of children, alternative

programs and juvenile forestry camps receiving instruction pursuant to the

provisions of this section and NRS 388.550 and 388.560.

      2.  Boards of trustees of school districts

providing such instruction shall report to the Superintendent of Public

Instruction at such times and in such manner as the Superintendent prescribes.

      (Added to NRS by 1961, 120; A 1967, 893, 1583; 1973,

1430; 1979,

1597; 1989,

1815; 2003,

1139)

PROGRAMS OF EDUCATION FOR INCARCERATED PERSONS

      NRS 388.573  “Incarcerated persons” defined.  As

used in NRS 388.573 to 388.583,

inclusive, unless the context otherwise requires, “incarcerated persons” means

persons who are incarcerated in a facility or institution operated by the

Department of Corrections.

      (Added to NRS by 2003, 1363)

      NRS 388.575  Establishment of statewide program by Department of Education;

requirements of statewide program.

      1.  The Department of Education, after

consulting with the Department of Corrections, shall:

      (a) Adopt regulations that establish a statewide

program of education for incarcerated persons; and

      (b) Coordinate with and assist school districts

in operating programs of education for incarcerated persons.

      2.  The statewide program may include

courses of study for:

      (a) A high school diploma;

      (b) Basic literacy;

      (c) English as a second language;

      (d) General educational development;

      (e) Life skills;

      (f) Career and technical education; and

      (g) Postsecondary education.

      3.  The statewide program does not include

the programs of general education, vocational education and training

established by the Board of State Prison Commissioners pursuant to NRS 209.389.

      4.  The statewide program must establish:

      (a) Standards for each course of study that set

forth the:

             (1) Curriculum;

             (2) Qualifications for entry; and

             (3) Evaluation of incarcerated persons for

placement; and

      (b) Procedures to ensure that an incarcerated

person who earns credits in a program of education for incarcerated persons

operated by a school district at a facility or institution shall, if

transferred to a different facility or institution, transfer those credits to

the program operated by a school district at that facility or institution.

      5.  As used in this section, “general

educational development” means preparation for and administration of the

standardized examinations or other high school equivalency assessments that

enable persons who have not graduated from high school to demonstrate that they

have achieved an educational level which denotes competency in core curriculum.

The term includes programs for obtaining a general educational development

certificate or an equivalent document.

      (Added to NRS by 2003, 1363; A 2005, 1050; 2013, 3266)

      NRS 388.577  Fund for Programs of Education for Incarcerated Persons:

Creation; administration; use of money; limitations on use; allocation of money

to certain school districts.

      1.  There is hereby created in the State

Treasury the Fund for Programs of Education for Incarcerated Persons. The Fund

is administered by the State Board. The Superintendent of Public Instruction

may accept gifts and grants of money from any source for deposit in the Fund.

The interest and income earned on the money in the Fund, after deducting any

applicable charges, must be credited to the Fund.

      2.  Money in the Fund must be used for

programs of education for incarcerated persons.

      3.  Money in the Fund must not be:

      (a) Considered in negotiations between a

recognized organization of employees of a school district and the school

district; or

      (b) Used to reduce the amount of money which

would otherwise be made available for programs of education for incarcerated

persons in the absence of this section.

      4.  The Department shall establish a

formula for equitably allocating money from the Fund to each school district

that operates a program of education for incarcerated persons.

      5.  The State Board shall establish

annually, within the limits of money available in the Fund, a basic allocation

to each school district that operates a program of education for incarcerated

persons.

      (Added to NRS by 2003, 1364)

      NRS 388.579  Boards of trustees of school districts authorized to operate

program; compliance with statewide program; conditions for receipt of money

from Fund.

      1.  The board of trustees of a school

district may, with the cooperation of the Department of Corrections, operate a

program of education for incarcerated persons in any facility or institution

operated by the Department of Corrections in the county of the school district.

      2.  A school district that operates a

program of education for incarcerated persons shall:

      (a) Comply with the standards for such programs

established by the Department of Education in the statewide program established

pursuant to NRS 388.575;

      (b) As a condition for obtaining an allocation

from the Fund for Programs of Education for Incarcerated Persons, submit to the

Department of Education:

             (1) An application to operate such a

program; and

             (2) A detailed budget for the program; and

      (c) If the school district receives an allocation

from the Fund, obtain the approval of the Department of Education before it

makes any changes in categorical expenditures.

      (Added to NRS by 2003, 1364)

      NRS 388.582  Board of Regents authorized to offer certain courses to

incarcerated persons.  The Board of

Regents of the University of Nevada may, with the cooperation of the Department

of Corrections, offer courses that lead to a postsecondary degree for

incarcerated persons in any facility or institution operated by the Department

of Corrections.

      (Added to NRS by 2003, 1365)

      NRS 388.583  Authority of Director of Department of Corrections to restrict

access of school district employee to facility or institution upon good cause

shown; interagency panel required to be convened if employee’s access is

restricted; final decision of panel.

      1.  The Director of the Department of

Corrections may, upon good cause shown, restrict the access of a person

employed by a school district to operate a program of education for

incarcerated persons to a facility or institution in which the program is

operated for not more than 30 days. Within the 30-day period, an interagency

panel must be convened to conduct a hearing and render a final decision

pursuant to subsection 2.

      2.  The interagency panel must:

      (a) Consist of:

             (1) The Director of the Department of

Corrections or the Director’s designee;

             (2) The Superintendent of Public Instruction

or the Superintendent’s designee; and

             (3) The immediate supervisor of the person

employed by the school district.

      (b) Conduct a hearing in compliance with all

applicable provisions of chapter 233B of

NRS.

      3.  The decision of the interagency panel

is a final decision in a contested case.

      4.  For purposes of subsection 1, “good

cause shown”:

      (a) May include the failure of a person employed

by a school district to adhere to rules or regulations established by the

Director of the Department of Corrections to protect the health and safety of

staff of the facility or institution, offenders in the facility or institution

and employees of the school district who operate a program of education for

incarcerated persons in a facility or institution.

      (b) May not include disagreements over the

content of the courses of study for such a program of education.

      (Added to NRS by 2003, 1365; A 2013, 345)

PROGRAM OF INFORMATION CONCERNING MISSING CHILDREN

      NRS 388.585  Establishment of program by trustees; assistance of Attorney

General or State Board.

      1.  The board of trustees of each school

district may:

      (a) Establish a program of information concerning

missing children for pupils, parents and other residents of the district; and

      (b) Use materials prepared by the Attorney

General in developing such a program.

      2.  The board of trustees may request the

assistance of the Attorney General or the State Board of Education in

establishing its program.

      (Added to NRS by 1985, 2168)

EDUCATION AND COUNSELING OF DISPLACED HOMEMAKERS

      NRS 388.605  Definitions.  As

used in NRS 388.605 to 388.655,

inclusive, unless the context otherwise requires:

      1.  “Board” means the Board for the Education

and Counseling of Displaced Homemakers.

      2.  “Director” means the Director of the

Department of Employment, Training and Rehabilitation.

      3.  “Displaced homemaker” means any person

who:

      (a) Is not gainfully employed or has less than

full-time or adequate employment;

      (b) Has worked at home for a substantial number

of years providing household services to members of his or her family without

compensation;

      (c) Has difficulty in securing employment

adequate for economic independence; and

      (d) Has been dependent:

             (1) On the income of another member of his

or her family, but is no longer supported by that income;

             (2) Upon public assistance but is no

longer eligible; or

             (3) On another member of his or her family

for the management of his or her personal finances, but that person is no

longer available to provide that assistance.

      (Added to NRS by 1989, 915; A 1993, 1596; 2001, 1425)

      NRS 388.615  Board for the Education and Counseling of Displaced Homemakers:

Creation; membership; duties; compensation of members.

      1.  The Board for the Education and

Counseling of Displaced Homemakers is hereby created. The Board consists of

five members appointed by the Governor, one of whom must be a displaced

homemaker and one of whom must be representative of business in the State.

      2.  The Board shall:

      (a) At its first meeting and annually thereafter

elect a Chair from among its members.

      (b) Meet regularly at least once each calendar

quarter and at other times upon the call of the Chair.

      3.  The members of the Board serve without

compensation, except that each member of the Board is entitled to the per diem

allowance and travel expenses provided for state officers and employees

generally, which must be paid from the account established pursuant to

subsection 2 of NRS 19.033.

      (Added to NRS by 1989, 916)

      NRS 388.625  Establishment of center for displaced homemakers; deposit of

gifts and grants of money; approval of claims.

      1.  The Board shall, to the extent that

money is available, establish in a county whose population is 100,000 or more,

a center to provide services for displaced homemakers.

      2.  The Board may, to the extent that money

is available:

      (a) Establish a center to provide services for

displaced homemakers in a county whose population is less than 100,000; and

      (b) Establish regional centers which provide

services for displaced homemakers in two or more counties whose populations are

less than 100,000.

      3.  The Board may, with the approval of the

Director, enter into contracts with public or nonprofit private organizations

to provide the various services required at the centers established pursuant to

subsections 1 and 2.

      4.  All gifts and grants of money received

for the purposes of NRS 388.605 to 388.655, inclusive, must be deposited in the same

account in the State General Fund as money deposited pursuant to subsection 2

of NRS 19.033.

      5.  All claims must be approved by the

Director before they are paid.

      (Added to NRS by 1989, 916; A 1989, 1937; 1991, 529)

      NRS 388.635  Provision of services by center for displaced homemakers.  Each center shall provide:

      1.  Counseling services specifically

designed for the counseling of a displaced homemaker with respect to

appropriate employment, including:

      (a) Assessment of the homemaker’s skills;

      (b) Clarification of the homemaker’s employment

goals and information regarding the availability of various types of

employment;

      (c) The development of a personal plan for a

career; and

      (d) Referrals to public and private programs of

training and placement.

      2.  Courses of instruction to assist a

displaced homemaker in seeking and retaining employment, including instruction

in:

      (a) The initial steps in seeking employment;

      (b) Skills for contacting employers;

      (c) The proper completion of applications for

employment;

      (d) Writing resumes;

      (e) Skills for effective interviewing;

      (f) The importance of a positive attitude and

appropriate work habits;

      (g) Skills for effective communication;

      (h) Appropriate conduct in an office; and

      (i) Resolving conflicts involving work and

family.

      3.  Weekly meetings to allow the displaced

homemakers it serves to share information regarding employment and to discuss

their concerns regarding seeking and retaining employment.

      4.  Educational and counseling services

relating to health and health care, including education about obtaining and

paying for health care and related services, particularly about selecting

physicians and others who provide the services, including health maintenance

organizations and health insurance.

      5.  Services relating to financial

management, including information about insurance, taxes, estates and probate,

mortgages, loans and other related financial matters.

      6.  Referrals of displaced homemakers to

appropriate agencies in the community which provide:

      (a) Assistance to persons addicted to alcohol or

drugs;

      (b) Personal counseling;

      (c) Legal assistance;

      (d) Child care; and

      (e) Programs of secondary and postsecondary

education, including programs for career and technical education, English as a

second language and improving reading ability.

      (Added to NRS by 1989, 916; A 2005, 1051)

      NRS 388.645  Selection of organization to administer center; coordination

with state and federal programs.

      1.  The Board shall select a public or

nonprofit private organization, if possible, to administer each center. In

selecting the organization, the Board shall consider the experience and

capability of the organization in administering services similar to those to be

provided by the center.

      2.  The Chair of the Board shall consult

and cooperate with such agencies of the Federal and State Governments as the

Board considers appropriate to facilitate the establishment of a center which

utilizes or is coordinated with existing state and federal programs of a

similar nature.

      (Added to NRS by 1989, 917)

      NRS 388.655  Executive director for center; quarterly reports to Board.

      1.  To the extent that money is available,

each center must have a part-time executive director.

      2.  The executive director of each center

shall maintain records of its activities and shall report quarterly to the

Board the number of displaced homemakers who have, during the previous quarter:

      (a) Obtained employment; and

      (b) Enrolled in educational programs.

Ê The report

must include the hourly wage received and the number of hours worked per week

by each displaced homemaker.

      (Added to NRS by 1989, 917)

REDUCTION OF PUPIL-TEACHER RATIO IN CERTAIN CLASSES

      NRS 388.700  Reduction of ratio in certain grades; request for variance

required for each school quarter under certain circumstances; quarterly report

on variances submitted to Interim Finance Committee; additional reports by

State Board and Department; exception to requirements for charter schools and

distance education.

      1.  Except as otherwise provided in this

section, for each school quarter of a school year, the ratio in each school

district of pupils per licensed teacher designated to teach, on a full-time

basis, in classes where core curriculum is taught:

      (a) In kindergarten and grades 1 and 2, must not

exceed 16 to 1, and in grade 3, must not exceed 18 to 1; or

      (b) If a plan is approved pursuant to subsection

3 of NRS 388.720, must not exceed the ratio set

forth in that plan for the grade levels specified in the plan.

Ê In

determining this ratio, all licensed educational personnel who teach a grade

level specified in paragraph (a) or a grade level specified in a plan that is

approved pursuant to subsection 3 of NRS 388.720,

as applicable for the school district, must be counted except teachers of art,

music, physical education or special education, teachers who teach one or two

specific subject areas to more than one classroom of pupils, and counselors,

librarians, administrators, deans and specialists.

      2.  A school district may, within the

limits of any plan adopted pursuant to NRS 388.720,

assign a pupil whose enrollment in a grade occurs after the last day of the

first month of the school year to any existing class regardless of the number

of pupils in the class if the school district requests and is approved for a

variance from the State Board pursuant to subsection 4.

      3.  Each school district that includes one

or more elementary schools which exceed the ratio of pupils per class during

any quarter of a school year, as reported to the Department pursuant to NRS 388.725:

      (a) Set forth in subsection 1;

      (b) Prescribed in conjunction with a legislative

appropriation for the support of the class-size reduction program; or

      (c) Defined by a legislatively approved

alternative class-size reduction plan, if applicable to that school district,

Ê must request

a variance for each such school for the next quarter of the current school year

if a quarter remains in that school year or for the next quarter of the

succeeding school year, as applicable, from the State Board by providing a

written statement that includes the reasons for the request and the

justification for exceeding the applicable prescribed ratio of pupils per

class.

      4.  The State Board may grant to a school

district a variance from the limitation on the number of pupils per class set

forth in paragraph (a), (b) or (c) of subsection 3 for good cause, including

the lack of available financial support specifically set aside for the

reduction of pupil-teacher ratios.

      5.  The State Board shall, on a quarterly

basis, submit a report to the Interim Finance Committee on each variance

requested by a school district pursuant to subsection 4 during the preceding

quarter and, if a variance was granted, an identification of each elementary

school for which a variance was granted and the specific justification for the

variance.

      6.  The State Board shall, on or before

February 1 of each odd-numbered year, submit a report to the Legislature on:

      (a) Each variance requested by a school district

pursuant to subsection 4 during the preceding biennium and, if a variance was

granted, an identification of each elementary school for which variance was

granted and the specific justification for the variance.

      (b) The data reported to it by the various school

districts pursuant to subsection 2 of NRS 388.710,

including an explanation of that data, and the current pupil-teacher ratios per

class in the grade levels specified in paragraph (a) of subsection 1 or the

grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district.

      7.  The Department shall, on or before

November 15 of each year, report to the Chief of the Budget Division of the

Department of Administration and the Fiscal Analysis Division of the

Legislative Counsel Bureau:

      (a) The number of teachers employed;

      (b) The number of teachers employed in order to

attain the ratio required by subsection 1;

      (c) The number of pupils enrolled; and

      (d) The number of teachers assigned to teach in

the same classroom with another teacher or in any other arrangement other than

one teacher assigned to one classroom of pupils,

Ê during the

current school year in the grade levels specified in paragraph (a) of

subsection 1 or the grade levels specified in a plan that is approved pursuant

to subsection 3 of NRS 388.720, as applicable, for

each school district.

      8.  The provisions of this section do not

apply to a charter school or to a program of distance education provided

pursuant to NRS 388.820 to 388.874,

inclusive.

      (Added to NRS by 1989, 2105; A 1993, 1362; 1995, 2820; 1999, 3312; 2001, 3157; 2005, 1264, 2161; 2013, 27th

Special Session, 32)

      NRS 388.710  State Board of Education to determine data to be monitored by

school district; school district to report data to State Board.

      1.  The State Board, in consultation with

the trustees of the school districts and the recognized associations

representing licensed educational personnel, after receiving comments from the

general public, shall determine the data that must be monitored by each school

district and used to measure the effectiveness of the implementation of a plan

developed by each school district to reduce the pupil-teacher ratio pursuant to

NRS 388.720.

      2.  Each school district shall report the

data to the State Board as required by the State Board.

      (Added to NRS by 1989, 2106; A 2005, 2162)

      NRS 388.720  Development of plan by school district to reduce pupil-teacher

ratios; alternative ratios for certain grades authorized in certain counties.

      1.  Except as otherwise provided in

subsection 2, each school district together with the recognized associations

representing licensed educational personnel shall develop a plan to reduce the

district’s pupil-teacher ratio per class in kindergarten and grades 1, 2 and 3

within the limits of available financial support specifically set aside for

this purpose and submit that plan to the State Board.

      2.  In lieu of complying with the

pupil-teacher ratio prescribed in paragraph (a) of subsection 1 of NRS 388.700, a school district in a county whose

population is less than 100,000 may, in consultation with the recognized

associations representing licensed educational personnel, develop a plan to

reduce the district’s pupil-teacher ratios per class for specified grade levels

in elementary schools. Alternative ratios for grade 6 may only be approved for

those school districts that include grade 6 in elementary school. The

alternative pupil-teacher ratios must not:

      (a) Exceed 22 to 1 in grades 1, 2 and 3; and

      (b) Exceed 25 to 1 in grades 4 and 5 or grades 4,

5 and 6, as applicable.

      3.  The State Board shall approve a plan

submitted pursuant to subsection 2 if the plan:

      (a) Reduces the district’s pupil-teacher ratio in

the elementary schools within the school district; and

      (b) Is fiscally neutral such that the plan will

not cost more to carry out than a plan that complies with the ratios prescribed

in paragraph (a) of subsection 1 of NRS 388.700.

      (Added to NRS by 1989, 2106; A 1991, 1605; 2005, 2163)

      NRS 388.725  Quarterly reports of average daily attendance and pupil-teacher

ratios in elementary schools required of school districts; posting of report on

Internet website.

      1.  On or before August 1, November 1,

February 1 and May 1 of each year, the board of trustees of each school

district shall report to the Department for the preceding quarter:

      (a) Except as otherwise provided in paragraph

(b), the average daily attendance of pupils and the ratio of pupils per

licensed teacher for grades 1, 2 and 3 for each elementary school in the school

district.

      (b) If the State Board has approved an

alternative class-size reduction plan for the school district pursuant to NRS 388.720, the average daily attendance of pupils

and the ratio of pupils per licensed teacher for those grades which are

required to comply with the alternative class-size reduction plan for each

elementary school in the school district.

      2.  The board of trustees of each school

district shall post on the Internet website maintained by the school district:

      (a) The information concerning average daily

attendance and class size for each elementary school in the school district, as

reported to the Department pursuant to subsection 1; and

      (b) An identification of each elementary school

in the school district, if any, for which a variance from the prescribed

pupil-teacher ratios was granted by the State Board pursuant to subsection 4 of

NRS 388.700.

      (Added to NRS by 2013, 27th

Special Session, 31)

EDUCATIONAL FOUNDATIONS

      NRS 388.750  Compliance with Open Meeting Law; availability of records;

exemption from certain taxes; nondisclosure of contributors.

      1.  An educational foundation:

      (a) Shall comply with the provisions of chapter 241 of NRS;

      (b) Except as otherwise provided in subsection 2,

shall make its records public and open to inspection pursuant to NRS 239.010; and

      (c) Is exempt from the taxes imposed by NRS 375.020, 375.023 and 375.026 pursuant to subsection 12 of NRS 375.090.

      2.  An educational foundation is not

required to disclose the names of the contributors to the foundation or the

amount of their contributions. The educational foundation shall, upon request,

allow a contributor to examine, during regular business hours, any record,

document or other information of the foundation relating to that contributor.

      3.  As used in this section, “educational

foundation” means a nonprofit corporation, association or institution or a

charitable organization that is:

      (a) Organized and operated exclusively for the

purpose of supporting one or more kindergartens, elementary schools, junior

high or middle schools or high schools, or any combination thereof;

      (b) Formed pursuant to the laws of this State;

and

      (c) Exempt from taxation pursuant to 26 U.S.C. §

501(c)(3).

      (Added to NRS by 1993, 2305; A 2003, 3491; 2003,

20th Special Session, 204; 2005, 963; 2011, 1356)

EDUCATIONAL TECHNOLOGY

      NRS 388.780  Definitions.  As

used in NRS 388.780 to 388.805,

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

in NRS 388.785 and 388.787

have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 1770; A 2011, 2309)

      NRS 388.785  “Commission” defined.  “Commission”

means the Commission on Educational Technology created pursuant to NRS 388.790.

      (Added to NRS by 1997, 1770)

      NRS 388.787  “Committee” defined.  “Committee”

means the Legislative Committee on Education created pursuant to NRS 218E.605.

      (Added to NRS by 1997, 1770)

      NRS 388.789  Superintendent of Public Instruction required to ensure

Commission carries out duties successfully.  The

Superintendent of Public Instruction is responsible for ensuring that the

duties and responsibilities of the Commission set forth in NRS 388.780 to 388.805,

inclusive, are carried out by the Commission successfully.

      (Added to NRS by 2011, 2309)

      NRS 388.790  Commission on Educational Technology: Creation; membership;

terms; removal and vacancy; quarterly meetings required; compensation.

      1.  The Commission on Educational

Technology, consisting of 2 members who serve ex officio and 11 members who are

appointed, is hereby created. The Superintendent of Public Instruction and the

Administrator of the Division of Enterprise Information Technology Services of

the Department of Administration shall serve ex officio as nonvoting members of

the Commission.

      2.  The Governor shall appoint the

following voting members to the Commission, at least two of whom must reside in

a county whose population is less than 100,000:

      (a) One administrator in a public school who

possesses knowledge and experience in the general application of technology;

      (b) One school teacher in a public elementary

school who possesses knowledge and experience in the use of educational

technology in the public schools;

      (c) One school teacher in a public secondary

school who possesses knowledge and experience in the use of educational

technology in the public schools;

      (d) One representative of public libraries who

possesses knowledge and experience in the general application of technology;

      (e) One representative of the Nevada System of

Higher Education who possesses knowledge and experience in the use of

educational technology in institutions of higher education;

      (f) One representative of the private sector who

possesses knowledge and experience in the use of technology; and

      (g) One parent or legal guardian who possesses

knowledge and experience in the general application of technology.

      3.  The Majority Leader of the Senate shall

appoint two voting members to the Commission:

      (a) One of whom is a member of the Senate; and

      (b) One of whom is employed in the field of

technology.

      4.  The Speaker of the Assembly shall

appoint two voting members to the Commission:

      (a) One of whom is a member of the Assembly; and

      (b) One of whom is employed in the field of

technology.

      5.  The Governor shall appoint a Chair

among the voting members of the Commission.

      6.  After the initial terms, the term of

each member of the Commission is 2 years, commencing on January 1 of the year

in which the member is appointed and expiring on December 31 of the immediately

following year. A member shall continue to serve on the Commission until his or

her successor is appointed. Upon the expiration of a term of a member, he or

she may be reappointed if he or she still possesses any requisite

qualifications for appointment. There is no limit on the number of terms that a

member may serve.

      7.  The person or entity who appoints a

member to the Commission may remove that member if the member neglects his or

her duty or commits malfeasance in office, or for other just cause. Any vacancy

in the membership of the Commission must be filled for the remainder of the

unexpired term in the same manner as the original appointment.

      8.  The Commission shall hold at least four

regular meetings each year and may hold special meetings at the call of the

Chair.

      9.  Members of the Commission who are not

Legislators serve without compensation, except that for each day or portion of

a day during which a member of the Commission attends a meeting of the

Commission or is otherwise engaged in the business of the Commission, the

member is entitled to receive the per diem allowance and travel expenses

provided for state officers and employees generally.

      10.  For each day or portion of a day

during which a member of the Commission who is a Legislator attends a meeting

of the Commission or is otherwise engaged in the work of the Commission, except

during a regular or special session of the Legislature, the Legislator is

entitled to receive the:

      (a) Compensation provided for a majority of the members

of the Legislature during the first 60 days of the preceding session;

      (b) Per diem allowance provided for state

officers and employees generally; and

      (c) Travel expenses provided pursuant to NRS 218A.655.

Ê The

compensation, per diem allowances and travel expenses of the legislative

members of the Commission must be paid from the Legislative Fund.

      (Added to NRS by 1997, 1770; A 1999, 476; 2003, 814)

      NRS 388.795  Commission on Educational Technology: Duties; plan for use of

educational technology; administrative support by Department; assessment of

needs of school districts; advisory committee authorized.

      1.  The Commission shall establish a plan

for the use of educational technology in the public schools of this State. In

preparing the plan, the Commission shall consider:

      (a) Plans that have been adopted by the

Department and the school districts in this State;

      (b) Plans that have been adopted in other states;

      (c) The information reported pursuant to

paragraph (v) of subsection 2 of NRS

385.347 and similar information included in the annual report of

accountability information prepared by the State Public Charter School

Authority and a college or university within the Nevada System of Higher

Education that sponsors a charter school pursuant to subsection 3 of NRS 385.347;

      (d) The results of the assessment of needs

conducted pursuant to subsection 6; and

      (e) Any other information that the Commission or

the Committee deems relevant to the preparation of the plan.

      2.  The plan established by the Commission

must include recommendations for methods to:

      (a) Incorporate educational technology into the

public schools of this State;

      (b) Increase the number of pupils in the public

schools of this State who have access to educational technology;

      (c) Increase the availability of educational

technology to assist licensed teachers and other educational personnel in

complying with the requirements of continuing education, including, without

limitation, the receipt of credit for college courses completed through the use

of educational technology;

      (d) Facilitate the exchange of ideas to improve

the achievement of pupils who are enrolled in the public schools of this State;

and

      (e) Address the needs of teachers in

incorporating the use of educational technology in the classroom, including,

without limitation, the completion of training that is sufficient to enable the

teachers to instruct pupils in the use of educational technology.

      3.  The Department shall provide:

      (a) Administrative support;

      (b) Equipment; and

      (c) Office space,

Ê as is

necessary for the Commission to carry out the provisions of this section.

      4.  The following entities shall cooperate

with the Commission in carrying out the provisions of this section:

      (a) The State Board.

      (b) The board of trustees of each school

district.

      (c) The superintendent of schools of each school

district.

      (d) The Department.

      5.  The Commission shall:

      (a) Develop technical standards for educational

technology and any electrical or structural appurtenances necessary thereto,

including, without limitation, uniform specifications for computer hardware and

wiring, to ensure that such technology is compatible, uniform and can be

interconnected throughout the public schools of this State.

      (b) Allocate money to the school districts from

the Trust Fund for Educational Technology created pursuant to NRS 388.800 and any money appropriated by the

Legislature for educational technology, subject to any priorities for such

allocation established by the Legislature.

      (c) Establish criteria for the board of trustees

of a school district that receives an allocation of money from the Commission

to:

             (1) Repair, replace and maintain computer

systems.

             (2) Upgrade and improve computer hardware

and software and other educational technology.

             (3) Provide training, installation and

technical support related to the use of educational technology within the

district.

      (d) Submit to the Governor, the Committee and the

Department its plan for the use of educational technology in the public schools

of this State and any recommendations for legislation.

      (e) Review the plan annually and make revisions

as it deems necessary or as directed by the Committee or the Department.

      (f) In addition to the recommendations set forth

in the plan pursuant to subsection 2, make further recommendations to the

Committee and the Department as the Commission deems necessary.

      6.  During the spring semester of each

even-numbered school year, the Commission shall conduct an assessment of the

needs of each school district relating to educational technology. In conducting

the assessment, the Commission shall consider:

      (a) The recommendations set forth in the plan

pursuant to subsection 2;

      (b) The plan for educational technology of each

school district, if applicable;

      (c) Evaluations of educational technology

conducted for the State or for a school district, if applicable; and

      (d) Any other information deemed relevant by the

Commission.

Ê The

Commission shall submit a final written report of the assessment to the

Superintendent of Public Instruction on or before April 1 of each even-numbered

year.

      7.  The Superintendent of Public

Instruction shall prepare a written compilation of the results of the

assessment conducted by the Commission and transmit the written compilation on

or before June 1 of each even-numbered year to the Legislative Committee on

Education and to the Director of the Legislative Counsel Bureau for

transmission to the next regular session of the Legislature.

      8.  The Commission may appoint an advisory

committee composed of members of the Commission or other qualified persons to

provide recommendations to the Commission regarding standards for the

establishment, coordination and use of a telecommunications network in the

public schools throughout the various school districts in this State. The

advisory committee serves at the pleasure of the Commission and without

compensation unless an appropriation or other money for that purpose is

provided by the Legislature.

      9.  As used in this section, “public

school” includes the Caliente Youth Center, the Nevada Youth Training Center

and any other state facility for the detention of children that is operated

pursuant to title 5 of NRS.

      (Added to NRS by 1997, 1771; A 1999, 1199; 2003, 1139; 2003, 19th

Special Session, 50; 2005, 1177; 2007, 1961; 2011, 2281,

2375)

      NRS 388.800  Trust Fund for Educational Technology: Creation; administration;

interest and income; use of money in Fund.

      1.  The Trust Fund for Educational

Technology is hereby created in the State General Fund. The Trust Fund must be

administered by the Superintendent of Public Instruction. The Superintendent

may accept gifts and grants of money from any source for deposit in the Trust

Fund. Any such money may be expended in accordance with the terms and conditions

of the gift or grant, or in accordance with subsection 3.

      2.  The interest and income earned on the

money in the Trust Fund must be credited to the Trust Fund.

      3.  The money in the Trust Fund may be used

only for the distribution of money to school districts to be used in

kindergarten through 12th grade to obtain and maintain hardware and software

for computer systems, equipment for transfer of data by modem through

connection to telephone lines, and other educational technology as may be

approved by the Commission for use in classrooms.

      (Added to NRS by 1995, 1457; A 1997, 1774)

      NRS 388.805  Trust Fund for Educational Technology: Program for school

districts to apply for money from Fund.  The

Department shall, in consultation with the Commission, adopt regulations that

establish a program whereby school districts may apply to the Commission on

Educational Technology for money from the Trust Fund for Educational

Technology.

      (Added to NRS by 1995, 1457; A 1997, 1774)

DISTANCE EDUCATION

General Provisions

      NRS 388.820  Definitions.  As

used in NRS 388.820 to 388.874,

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

in NRS 388.823, 388.826

and 388.829 have the meanings ascribed to them in

those sections.

      (Added to NRS by 2001, 3149)

      NRS 388.823  “Course of distance education” defined.  “Course

of distance education” means a course of study that uses distance education as

its primary mechanism for delivery of instruction.

      (Added to NRS by 2001, 3149)

      NRS 388.826  “Distance education” defined.  “Distance

education” means instruction which is delivered by means of video, computer,

television, or the Internet or other electronic means of communication, or any

combination thereof, in such a manner that the person supervising or providing

the instruction and the pupil receiving the instruction are separated

geographically for a majority of the time during which the instruction is

delivered.

      (Added to NRS by 2001, 3149; A 2007, 1992)

      NRS 388.829  “Program of distance education” defined.  “Program of distance education” means a

program comprised of one or more courses of distance education.

      (Added to NRS by 2001, 3149; A 2003, 223; 2007, 1992; 2013, 1512)

Approved Courses; Procedure for Application

      NRS 388.834  Publication of list of approved distance education courses.

      1.  The Department shall prepare and

publish a list of courses of distance education that satisfy the requirements

of NRS 388.820 to 388.874,

inclusive, and all other applicable statutes and regulations. If an application

to provide a program of distance education is approved pursuant to NRS 388.838, the Department shall automatically

include on the list each course of study included within that program if the

course of study had not been approved pursuant to this section before

submission of the application to provide the program.

      2.  A person or entity that has developed a

course of distance education, including, without limitation, a vendor of a

course of distance education, the Nevada System of Higher Education or other

postsecondary educational institution, a board of trustees of a school district

or a governing body of a charter school, may submit an application for

inclusion of the course on the list prepared by the Department. The Department

shall approve an application if the application satisfies the requirements of NRS 388.820 to 388.874,

inclusive, and all other applicable statutes and regulations. The Department

shall provide written notice to the applicant of its approval or denial of the

application.

      3.  If the Department denies an

application, the Department shall include in the written notice the reasons for

the denial and the deficiencies of the application. The applicant must be

granted 30 days after receipt of the written notice to correct any deficiencies

identified in the written notice and resubmit the application. The Department

shall approve an application that has been resubmitted pursuant to this

subsection if the application satisfies the requirements of NRS 388.820 to 388.874,

inclusive, and all other applicable statutes and regulations.

      (Added to NRS by 2001, 3149)

      NRS 388.838  Submission of application to Department; conditions for

approval; opportunity to correct deficiencies.

      1.  The board of trustees of a school

district or the governing body of a charter school may submit an application to

the Department to provide a program of distance education. In addition, a

committee to form a charter school may submit an application to the Department

to provide a program of distance education if the application to form the

charter school submitted by the committee pursuant to NRS 386.520 indicates that the charter

school intends to provide a program of distance education.

      2.  An applicant to provide a program of

distance education may seek approval to provide a program that is comprised of

one or more courses of distance education included on the list of courses

approved by the Department pursuant to NRS 388.834

or a program that is comprised of one or more courses of distance education

which have not been reviewed by the Department before submission of the

application.

      3.  An application to provide a program of

distance education must include:

      (a) All the information prescribed by the State

Board by regulation.

      (b) Except as otherwise provided in this

paragraph, proof satisfactory to the Department that the program satisfies all

applicable statutes and regulations. The proof required by this paragraph shall

be deemed satisfied if the program is comprised only of courses of distance

education approved by the Department pursuant to NRS

388.834 before submission of the application.

      4.  Except as otherwise provided in this

subsection, the Department shall approve an application submitted pursuant to

this section if the application satisfies the requirements of NRS 388.820 to 388.874,

inclusive, and all other applicable statutes and regulations. The Department

shall deny an application to provide a program of distance education submitted

by a committee to form a charter school if the Department denies the

application to form a charter school submitted by that committee. The

Department shall provide written notice to the applicant of the Department’s

approval or denial of the application.

      5.  If the Department denies an

application, the Department shall include in the written notice the reasons for

the denial and the deficiencies of the application. The applicant must be

granted 30 days after receipt of the written notice to correct any deficiencies

identified in the written notice and resubmit the application. The Department

shall approve an application that has been resubmitted pursuant to this

subsection if the application satisfies the requirements of NRS 388.820 to 388.874,

inclusive, and all other applicable statutes and regulations.

      (Added to NRS by 2001, 3150; A 2005, 2414)

Operation of Programs; Regulations

      NRS 388.842  Alternate scheduling permitted; minimum time required for

full-time program.

      1.  A program of distance education may

include, without limitation, an opportunity for pupils to participate in the

program:

      (a) For a shorter school day or a longer school

day than that regularly provided for in the school district or charter school,

as applicable; and

      (b) During any part of the calendar year.

      2.  If a program of distance education is

provided for pupils on a full-time basis, the program must include at least as

many hours or minutes of instruction as would be provided under a program

consisting of 180 days.

      (Added to NRS by 2001, 3150)

      NRS 388.846  Compliance with statutes and regulations; notice by charter

school to board of trustees concerning type of educational services provided.

      1.  If the board of trustees of a school

district provides a program of distance education, the board of trustees shall

ensure that the persons who operate the program on a day-to-day basis comply

with and carry out all applicable requirements, statutes, regulations, rules

and policies of the school district, including, without limitation:

      (a) Graduation requirements;

      (b) Accountability of public schools, as set

forth in NRS 385.3455 to 385.3891, inclusive;

      (c) Provisions governing the attendance and

truancy of pupils, as set forth in NRS

392.040 to 392.220, inclusive; and

      (d) Discipline of pupils.

      2.  If the governing body of a charter

school provides a program of distance education, the governing body shall:

      (a) For each pupil who is enrolled in the

program, provide written notice to the board of trustees of the school district

in which the pupil resides of the type of educational services that will be

provided to the pupil through the program. The written notice must be provided

to the board of trustees before the pupil receives educational services through

the program of distance education.

      (b) Ensure that the persons who operate the

program on a day-to-day basis comply with and carry out all applicable

requirements, statutes, regulations, rules and policies of the charter school,

including, without limitation:

             (1) Graduation requirements;

             (2) Accountability of public schools, as

set forth in NRS 385.3455 to 385.3891, inclusive;

             (3) Provisions governing the attendance

and truancy of pupils, as set forth in NRS

392.040 to 392.220, inclusive; and

             (4) Discipline of pupils.

      (Added to NRS by 2001, 3154; A 2003, 19th

Special Session, 52; 2013, 1929)

      NRS 388.850  Eligibility for enrollment.

      1.  A pupil may enroll in a program of

distance education unless:

      (a) Pursuant to this section or other specific

statute, the pupil is not eligible for enrollment or the pupil’s enrollment is

otherwise prohibited;

      (b) The pupil fails to satisfy the qualifications

and conditions for enrollment adopted by the State Board pursuant to NRS 388.874; or

      (c) The pupil fails to satisfy the requirements

of the program of distance education.

      2.  A child who is exempt from compulsory

attendance and is enrolled in a private school pursuant to chapter 394 of NRS or is being homeschooled is

not eligible to enroll in or otherwise attend a program of distance education,

regardless of whether the child is otherwise eligible for enrollment pursuant

to subsection 1.

      3.  If a pupil who is prohibited from

attending public school pursuant to NRS

392.264 enrolls in a program of distance education, the enrollment and

attendance of that pupil must comply with all requirements of NRS 62F.100 to 62F.150, inclusive, and 392.251 to 392.271, inclusive.

      (Added to NRS by 2001, 3151; A 2003, 223, 1141; 2007, 1993, 3031; 2013, 1512)

      NRS 388.854  Permission of board of trustees required for full-time

enrollment; written agreement between board of trustees and provider of

distance education program.

      1.  Before a pupil may enroll full-time in

a program of distance education that is provided by a school district other

than the school district in which the pupil resides, the pupil must obtain the

written permission of the board of trustees of the school district in which the

pupil resides. Before a pupil who is enrolled in a public school of a school

district may enroll part-time in a program of distance education that is

provided by a charter school, the pupil must obtain the written permission of

the board of trustees of the school district in which the pupil resides. Except

as otherwise provided in NRS 388.850 or other

specific statute, a board of trustees from whom permission is requested

pursuant to this subsection shall grant the requested permission.

      2.  A pupil who enrolls part-time in a

program of distance education that is provided by a school district other than

the school district in which the pupil resides or enrolls full-time in a

program of distance education that is provided by a charter school is not

required to obtain the approval of the board of trustees of the school district

in which the pupil resides.

      3.  If the board of trustees of a school

district grants permission pursuant to subsection 1, the board of trustees

shall enter into a written agreement with the board of trustees or governing

body, as applicable, that provides the program of distance education. A

separate agreement must be prepared for each year that a pupil enrolls in a

program of distance education. If permission is granted pursuant to subsection

1, the written agreement required by this subsection is not a condition

precedent to the pupil’s enrollment in the program of distance education.

      (Added to NRS by 2001, 3152; A 2005, 2415; 2007, 1993; 2013, 1513)

      NRS 388.858  Permission of charter school required for part-time enrollment;

written agreement between charter school and provider of distance education

program.

      1.  If a pupil is enrolled in a charter

school, the pupil may enroll full-time in a program of distance education only

if the charter school in which the pupil is enrolled provides the program of

distance education.

      2.  Before a pupil who is enrolled in a

charter school may enroll part-time in a program of distance education that is

provided by a school district or another charter school, the pupil must obtain

the written permission of the governing body of the charter school in which the

pupil is enrolled.

      3.  If the governing body of a charter

school grants permission pursuant to subsection 2, the governing body shall

enter into a written agreement with the board of trustees or governing body, as

applicable, that provides the program of distance education. A separate

agreement must be prepared for each year that a pupil enrolls in a program of

distance education.

      (Added to NRS by 2001, 3153; A 2005, 2416; 2007, 1995)

      NRS 388.862  Board of trustees required to declare public school to which

pupil enrolled in program is affiliated; applicability of statutes and

regulations to pupils.

      1.  If a pupil is enrolled full-time in a

program of distance education provided by the board of trustees of a school

district, the board of trustees that provides the program shall declare for

each such pupil one public school within that school district with which the

pupil is affiliated. The board of trustees may declare that all the pupils

enrolled in the program of distance education are affiliated with one public

school within the school district, or it may declare individual public schools

for the pupils enrolled in the program. Upon the declared affiliation, the

pupil shall be deemed enrolled in that public school for purposes of all the

applicable requirements, statutes, regulations, rules and policies of that

public school and school district, including, without limitation:

      (a) Graduation requirements;

      (b) Accountability of public schools, as set

forth in NRS 385.3455 to 385.3891, inclusive;

      (c) Provisions governing the attendance and

truancy of pupils, as set forth in NRS

392.040 to 392.220, inclusive; and

      (d) Discipline of pupils.

      2.  A pupil who is enrolled full-time in a

program of distance education provided by a charter school shall be deemed

enrolled in the charter school. All the applicable requirements, including,

without limitation, statutes, regulations, rules and policies of that charter

school apply to such a pupil, including, without limitation:

      (a) Graduation requirements;

      (b) Accountability of public schools, as set

forth in NRS 385.3455 to 385.3891, inclusive;

      (c) Provisions governing the attendance and truancy

of pupils, as set forth in NRS 392.040

to 392.220, inclusive; and

      (d) Discipline of pupils.

      3.  If a pupil is enrolled part-time in a

program of distance education, all the applicable requirements, statutes,

regulations, rules and policies of the public school of the school district in

which the pupil is otherwise enrolled or the charter school in which the pupil

is otherwise enrolled apply to such a pupil, including, without limitation:

      (a) Graduation requirements;

      (b) Accountability of public schools, as set

forth in NRS 385.3455 to 385.3891, inclusive;

      (c) Provisions governing the attendance and

truancy of pupils, as set forth in NRS

392.040 to 392.220, inclusive; and

      (d) Discipline of pupils.

      (Added to NRS by 2001, 3153; A 2003, 19th

Special Session, 52; 2013, 1929)

      NRS 388.866  Requirements of program; supervision by teacher; qualifications

of certain teachers.

      1.  The board of trustees of a school

district or the governing body of a charter school that provides a program of

distance education shall ensure that:

      (a) For each course offered through the program,

a teacher:

             (1) Provides the work assignments to each

pupil enrolled in the course that are necessary for the pupil to complete the

course;

             (2) Meets or otherwise communicates with

the pupil at least once each week during the course to discuss the pupil’s

progress; and

             (3) Enters into a written agreement with

the pupil and the pupil’s parent or legal guardian outlining the objectives of

the course, the timeline for completion of the course and the method by which

the progress of the pupil will be assessed; or

      (b) The program satisfies the requirements of a

plan to operate an alternative program of education submitted by the school

district and approved pursuant to NRS 388.537.

      2.  If a course offered through a program

of distance education is a core academic subject, as defined in NRS 389.018, the teacher who fulfills the

requirements of subsection 1 must be a:

      (a) Licensed teacher; or

      (b) Teacher, instructor or professor who provides

instruction at a community college or university. Such a teacher, instructor or

professor may only be assigned to a course of distance education in the subject

area for which he or she provides instruction at a community college or

university.

      (Added to NRS by 2001, 3151; A 2005, 2417; 2007, 1995)

      NRS 388.874  Regulations of State Board.

      1.  The State Board shall adopt regulations

that prescribe:

      (a) The process for submission of an application

by a person or entity for inclusion of a course of distance education on the

list prepared by the Department pursuant to NRS 388.834

and the contents of the application;

      (b) The process for submission of an application

by the board of trustees of a school district, the governing body of a charter

school or a committee to form a charter school to provide a program of distance

education and the contents of the application;

      (c) The qualifications and conditions for

enrollment that a pupil must satisfy to enroll in a program of distance

education, consistent with NRS 388.850 and any

other applicable statute;

      (d) A method for reporting to the Department the

number of pupils who are enrolled in a program of distance education and the

attendance of those pupils;

      (e) The requirements for assessing the

achievement of pupils who are enrolled in a program of distance education,

which must include, without limitation, the administration of the examinations

required pursuant to NRS 389.550 and,

if applicable for the grade levels of the pupils enrolled, the administration

of the examinations pursuant to NRS 389.805

and the college and career readiness assessment pursuant to NRS 389.807; and

      (f) A written description of the process pursuant

to which the State Board may revoke its approval for the operation of a program

of distance education.

      2.  The State Board may adopt regulations

as it determines are necessary to carry out the provisions of NRS 388.820 to 388.874,

inclusive.

      (Added to NRS by 2001, 3155; A 2003, 223; 2005, 2417; 2013, 1514,

3267)

MISCELLANEOUS PROVISIONS

      NRS 388.880  Immunity from civil liability for reporting threat of violence

against school official, school employee or pupil; exceptions.

      1.  Except as otherwise provided in

subsection 2, if any person who knows or has reasonable cause to believe that

another person has made a threat of violence against a school official, school

employee or pupil reports in good faith that threat of violence to a school

official, teacher, school police officer, local law enforcement agency or

potential victim of the violence that is threatened, the person who makes the

report is immune from civil liability for any act or omission relating to that

report. Such a person is not immune from civil liability for any other act or

omission committed by the person as a part of, in connection with or as a

principal, accessory or conspirator to the violence, regardless of the nature

of the other act or omission.

      2.  The provisions of this section do not

apply to a person who:

      (a) Is acting in his or her professional or

occupational capacity and is required to make a report pursuant to NRS 200.5093, 200.50935 or 432B.220.

      (b) Is required to make a report concerning the

commission of a violent or sexual offense against a child pursuant to NRS 202.882.

      3.  As used in this section:

      (a) “Reasonable cause to believe” means, in light

of all the surrounding facts and circumstances which are known, a reasonable

person would believe, under those facts and circumstances, that an act,

transaction, event, situation or condition exists, is occurring or has

occurred.

      (b) “School employee” means a licensed or

unlicensed person who is employed by:

             (1) A board of trustees of a school

district pursuant to NRS 391.100; or

             (2) The governing body of a charter school.

      (c) “School official” means:

             (1) A member of the board of trustees of a

school district.

             (2) A member of the governing body of a

charter school.

             (3) An administrator employed by the board

of trustees of a school district or the governing body of a charter school.

      (d) “Teacher” means a person employed by the:

             (1) Board of trustees of a school district

to provide instruction or other educational services to pupils enrolled in

public schools of the school district.

             (2) Governing body of a charter school to

provide instruction or other educational services to pupils enrolled in the

charter school.

      (Added to NRS by 2001, 2650; A 2005, 1116)