[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 [Repealed.]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 [Repealed.]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)
