[Rev. 11/21/2013 11:19:22

AM--2013]



CHAPTER 390 - TEXTBOOKS AND LIBRARY BOOKS

GENERAL PROVISIONS

NRS 390.005           Definitions.



SELECTION AND PURCHASE OF TEXTBOOKS

NRS 390.140           Final

selection by State Board; exception for charter schools; accurate portrayal of

cultural and racial diversity of society.

NRS 390.160           Contracts

by State Board for purchase; provisions of contracts.

USE OF TEXTBOOKS

NRS 390.220           Enforcement

by board of trustees of use of prescribed textbooks; exception for charter

schools.

NRS 390.230           Use

of prescribed textbooks; exceptions; penalty.

LIBRARY BOOKS

NRS 390.400           Approval

for use in public schools; exception for charter schools; actions subject to

review by State Board.

_________

_________

GENERAL PROVISIONS

      NRS 390.005  Definitions.  As

used in this chapter, unless the context requires otherwise:

      1.  “Basic textbook” or “textbook” means

any medium or manual of instruction, including, without limitation, software

for computers, containing a presentation of the principles of a subject and

used as a basis of instruction.

      2.  “Supplemental textbook” means any

medium or material, including, without limitation, software for computers, used

to reinforce or extend a basic program of instruction.

      3.  A basic or supplemental textbook

becomes “unserviceable” when 4 years have elapsed since its removal from the

adopted list.

      (Added to NRS by 1967, 168; A 1981, 413; 1999, 3388)

SELECTION AND PURCHASE OF TEXTBOOKS

      NRS 390.140  Final selection by State Board; exception for charter schools;

accurate portrayal of cultural and racial diversity of society.

      1.  The State Board shall make the final

selection of all textbooks to be used in the public schools in this State, except

for charter schools. If a textbook proposed for selection is in a subject area

for which standards of content have been established by the Council to

Establish Academic Standards for Public Schools pursuant to NRS 389.520, the State Board shall not

select the textbook unless the State Board determines that the textbook

adequately supports the standards for that subject area.

      2.  A textbook must not be selected by the

State Board pursuant to subsection 1 for use in the public schools in classes

in literature, history or social sciences unless it accurately portrays the

cultural and racial diversity of our society, including lessons on the

contributions made to our society by men and women from various racial and

ethnic backgrounds.

      [313:32:1956]—(NRS A 1967, 171; 1981, 413; 1989, 2102; 1997, 1871; 1999, 3389)

      NRS 390.160  Contracts by State Board for purchase; provisions of contracts.

      1.  The State Board may make such contracts

for the purchase and use of textbooks in the name of the State as it deems

necessary for the interests of the public schools.

      2.  Contracts must:

      (a) Set forth the introductory, exchange and

retail price of each textbook, which must not exceed the lowest price the

publisher has charged for the same textbook anywhere in the continental United

States for similar quantities exclusive of shipping costs.

      (b) Guarantee that there is no subversive or

sectarian doctrine, as determined by the laws of Nevada and the United States,

in any of the textbooks covered by the contract.

      [315:32:1956]—(NRS A 1967, 171; 1981, 413)

USE OF TEXTBOOKS

      NRS 390.220  Enforcement by board of trustees of use of prescribed textbooks;

exception for charter schools.  Boards

of trustees of school districts in this State shall enforce in the public

schools, excluding charter schools, the use of textbooks prescribed and adopted

by the State Board.

      [321:32:1956]—(NRS A 1967, 171; 1997, 1871)

      NRS 390.230  Use of prescribed textbooks; exceptions; penalty.

      1.  Except as otherwise provided in

subsection 2, the textbooks adopted by the State Board must be used in the

public schools in this State, and no other books may be used as basic

textbooks.

      2.  This section does not prohibit:

      (a) The continued use of such textbooks

previously approved until they become unserviceable.

      (b) The use of supplemental textbooks purchased

by a school district with the approval of the Superintendent of Public

Instruction.

      (c) After approval by the State Board, the

temporary use of textbooks for tryout purposes.

      (d) A charter school from using textbooks other

than those adopted for use by the State Board.

      3.  Any school officer or teacher who

violates the provisions of this chapter, or knowingly fails to follow the

regulations of the State Board relating to use of textbooks shall be punished

by a fine of not more than $250.

      4.  All superintendents, principals,

teachers and school officers are charged with the execution of this section.

      [322:32:1956]—(NRS A 1967, 171, 564; 1979, 1467,

1600; 1981, 413; 1997,

1871)

LIBRARY BOOKS

      NRS 390.400  Approval for use in public schools; exception for charter

schools; actions subject to review by State Board.

      1.  The Department shall approve or

disapprove lists of books for use in public school libraries except for the

libraries of charter schools. Such lists must not include books containing or

including any story in prose or poetry the tendency of which would be to

influence the minds of children in the formation of ideals not in harmony with

truth and morality or the American way of life, or not in harmony with the

Constitution and laws of the United States or of the State of Nevada.

      2.  Actions of the Department with respect

to lists of books are subject to review and approval or disapproval by the

State Board.

      [24:32:1956]—(NRS A 1979, 1570; 1997, 1841; 2013, 2634)—(Substituted

in revision for NRS 385.240)