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 386.500 to
386.610 , 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 )
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)
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; or
(c) 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 )
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 him 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)
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]
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)—(Substituted in revision for NRS
389.013)
SCHOOL YEAR; MINIMUM NUMBER OF DAYS; HOLIDAYS
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)
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 school district may not submit
an application pursuant to this subsection unless the proposed
alternative schedule of the school district 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.
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 )
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
As used in NRS 388.121 to 388.139 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 388.125 and 388.129
have the meanings ascribed to them in
those sections.
(Added to NRS by 2001, 1928 ; A 2005, 705 )
“Harassment” means a willful
act or course of conduct that is not otherwise authorized by law and is:
1. Highly offensive to a reasonable person; and
2. Intended to cause and actually causes another person to suffer
serious emotional distress.
(Added to NRS by 2001, 1928 )
“Intimidation” means a
willful act or course of conduct that is not otherwise authorized by law
and:
1. Is highly offensive to a reasonable person; and
2. Poses a threat of immediate harm or actually inflicts harm to
another person or to the property of another person.
(Added to NRS by 2001, 1928 )
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 harassment or intimidation in public schools
seriously interferes with the ability of teachers to teach in the
classroom and the ability of pupils to learn;
3. 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 harassment or intimidation; and
(c) All persons in public schools are entitled to maintain their
own beliefs and to respectfully disagree without resorting to violence,
harassment or intimidation; and
4. 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 and harassment.
(Added to NRS by 2001, 1929 ; A 2005, 705 )
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 harassment and intimidation.
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 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 without the use of harassment and
intimidation so that pupils may realize their full academic and personal
potential;
(2) Methods to improve the school environment in a manner
that will facilitate positive human relations among pupils; and
(3) 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 )
[Effective
July 1, 2006.] The board of trustees of each school district shall:
1. Adopt the policy prescribed by the Department pursuant to NRS
388.133 . The board of trustees may
adopt an expanded policy if the expanded policy complies with the policy
prescribed by the Department.
2. Provide for the appropriate training of all administrators,
principals, teachers and all other personnel employed by the board of
trustees in accordance with the policy prescribed by the Department
pursuant to NRS 388.133 .
3. On or before September 1 of each year, submit a report to the
Superintendent of Public Instruction that includes a description of each
violation of NRS 388.135 occurring in
the immediately preceding school year that resulted in personnel action
against an employee or suspension or expulsion of a pupil, if any.
(Added to NRS by 2005, 705 , effective July 1, 2006)
[Effective July 1, 2006.]
The Superintendent of Public Instruction shall:
1. Compile the reports submitted pursuant to NRS 388.134 and prepare a written report of the
compilation.
2. On or before October 1 of each year, submit the written
compilation to the Attorney General.
(Added to NRS by 2005, 705 , effective July 1, 2006)
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, or any pupil shall not engage in
harassment or intimidation 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 )
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 )
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.
(Added to NRS by 2005, 705 )
[Effective through June 30, 2006.] Each school
district shall include the text of the provisions of NRS 388.125 to 388.135 ,
inclusive, under the heading “Harassment and Intimidation 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 )
[Effective July 1, 2006.] Each school district shall
include the text of the provisions of NRS 388.125 to 388.135 ,
inclusive, and the policy adopted by the board of trustees of the school
district pursuant to NRS 388.134 under
the heading “Harassment and Intimidation 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 , effective July 1, 2006)
PROHIBITED INSTRUCTION
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 )
CAREER AND TECHNICAL EDUCATION
State Board for Career and Technical Education; Gift Fund for Career and
Technical Education
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 )
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) 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 )
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
)
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
)
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 )
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
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 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 )
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
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 the regulations and policies of the Board.
[275:32:1956]—(NRS A 1979, 1596; 1985, 814; 1997, 1867; 2005, 1049
)
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 )
PROGRAM TO TEACH ENGLISH LANGUAGE TO CERTAIN PUPILS
The State Board shall:
1. Establish a program to teach the English language to pupils who
are limited English proficient.
2. Adopt regulations to carry out the program. The regulations
must prescribe the procedure by which a school district may obtain a
waiver from the requirements of the program.
3. 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:
(a) Governor;
(b) Committee;
(c) Bureau; and
(d) Board of trustees of each school district.
(Added to NRS by 1995, 2711; A 2003, 19th Special Session, 50
)
PUPILS WITH DISABILITIES AND GIFTED AND TALENTED PUPILS
General Provisions
As used in NRS 388.440 to 388.5315 , inclusive:
1. “Gifted and talented pupil” means a person under the age of 18
years who demonstrates such outstanding academic skills or aptitudes that
he cannot progress effectively in a regular school program and therefore
needs special instruction or special services.
2. “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 he 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 )
Educational Services and Programs
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 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 )
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)
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 his 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.
[283:32:1956]—(NRS A 1973, 1428; 1979, 1596; 1993, 2159; 1999, 1966
)
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)
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)
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 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 he 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)
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 shall prescribe minimum standards for the
special education of pupils with disabilities and gifted and talented
pupils.
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) Mental retardation.
(f) Multiple impairments.
(g) Serious emotional disturbances.
(h) Other health impairments.
(i) Specific learning disabilities.
(j) Autism.
(k) Traumatic brain injuries.
(l) Developmental delays.
(m) Gifted and talented abilities.
5. 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.
6. 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.
7. As used in this section, “individualized education program” has
the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
[288:32:1956]—(NRS A 1969, 445; 1973, 1429; 1977, 885; 1979, 1597;
1981, 245; 1989, 692; 1993, 2160; 1997, 1867; 1999, 1750 )
Use of Aversive Intervention, Physical Restraint and Mechanical Restraint
on Pupils With Disabilities
As used in NRS 388.521 to 388.5315 , 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 )
“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 exhibited
a behavior that is related to his disability;
(b) Exercise is harmful to the health of the person because of his
disability; or
(c) Nature of the person’s disability prevents him 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 )
“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 impulses.
(Added to NRS by 1999, 3237 )
“Corporal punishment”
means the intentional infliction of physical pain, including, without
limitation, hitting, pinching or striking.
(Added to NRS by 1999, 3237 )
“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 )
“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 )
“Individualized education program” has the meaning ascribed to it in 20
U.S.C. § 1414(d)(1)(A).
(Added to NRS by 1999, 3237 )
“Individualized education program team” has the meaning ascribed to it
in 20 U.S.C. § 1414(d)(1)(B).
(Added to NRS by 1999, 3237 )
“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 )
“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 )
“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 )
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 )
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 )
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 himself or
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 his
resistance is minimal in intensity and duration;
(b) Escort or carry a pupil to safety if the pupil is in danger in
his 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,
the pupil’s individualized education program team and the parent or
guardian of the pupil. If the board of trustees determines that a denial
of the pupil’s rights has occurred, the board of trustees may submit a
report to the Department in accordance with NRS 388.5315 .
(Added to NRS by 1999, 3238 )
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 is
obtained from the pupil’s treating physician before the application of
the mechanical restraint or not later than 15 minutes after 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;
(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 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 or
control his inappropriate behavior 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
others or causing severe property damage.
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
because he 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,
the pupil’s individualized education program team and the parent or
guardian of the pupil. If the board of trustees determines that a denial
of the pupil’s rights has occurred, the board of trustees may submit a
report to the Department in accordance with NRS 388.5315 .
(Added to NRS by 1999, 3238 )
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 388.5315 , inclusive.
(Added to NRS by 1999, 3239 )
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 391.312 or 391.330 , or both.
(Added to NRS by 1999, 3240 )
1. A school where a violation of NRS 388.521 to 388.5315 , 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 )
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 388.5315 , inclusive; or
2. Provided information regarding a violation of NRS 388.521
to 388.5315 , inclusive,
Ê by a public school or a member of the staff of the public school.
(Added to NRS by 1999, 3241 )
1. A denial of rights of a pupil with a disability pursuant to NRS
388.521 to 388.5315 , 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.
2. If the board of trustees of a school district receives notice
of a denial of rights pursuant to subsection 1, it 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 )
PROGRAMS TO PREVENT CRIMINAL ACTIVITY; OPERATION OF ALTERNATIVE 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)
1. The board of trustees of a school district may, subject to the
approval of the State Board, operate an alternative program for the
education of pupils at risk of dropping out of high school, including
pupils who:
(a) Because of extenuating circumstances, such as their being
pregnant, parents, chronically ill or self-supporting, are not able to
attend the classes of instruction regularly provided in high school;
(b) Are deficient in the amount of academic credit necessary to
graduate with pupils their same age;
(c) Are chronically absent from high school; or
(d) Require instruction on a more personal basis than that
regularly provided in high school.
2. An alternative program may include:
(a) A shorter school day, and an opportunity for pupils to attend a
longer school day, than that regularly provided in high school.
(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 a high school diploma for adults.
(f) The provision of child care for the children of pupils.
(g) The transportation of pupils to and from classes of instruction.
(h) The temporary placement of pupils for independent study, if
there are extenuating circumstances which prevent those pupils from
attending the alternative program on a daily basis.
3. 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 )
INSTRUCTION OF CHILDREN DETAINED IN FACILITIES FOR THE DETENTION OF
CHILDREN, ALTERNATIVE PROGRAMS, JUVENILE FORESTRY CAMPS AND JUVENILE
TRAINING SCHOOLS
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 )
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
)
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 he 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
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 )
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
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.
(Added to NRS by 2003, 1363 ; A 2005, 1050 )
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 )
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 )
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 )
1. If a manager or warden excludes from the facility or
institution a person employed by a school district to operate a program
of education for incarcerated persons in the facility or institution, an
interagency panel must be convened.
2. The interagency panel must:
(a) Consist of:
(1) The Director of the Department of Corrections or his
designee;
(2) The Superintendent of Public Instruction or his
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.
(Added to NRS by 2003, 1365 )
PROGRAM OF INFORMATION CONCERNING MISSING CHILDREN
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
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 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 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 family for the management of
his personal finances, but that person is no longer available to provide
that assistance.
(Added to NRS by 1989, 915; A 1993, 1596; 2001, 1425 )
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 Chairman
from among its members.
(b) Meet regularly at least once each calendar quarter and at other
times upon the call of the Chairman.
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)
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)
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 his skills;
(b) Clarification of his 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 )
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 Chairman 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)
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
1. Except as otherwise provided in this section, after the last
day of the first month of the 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, 2 and 3, must not exceed 15 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, 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.
3. Each school district that does not meet the ratio of pupils per
class:
(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 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 or before February 1 of each
odd-numbered year, report to the Legislature on:
(a) Each variance granted by it during the preceding biennium,
including 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.
6. 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.
7. 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 )
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 )
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 )
EDUCATIONAL FOUNDATIONS
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 13 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 )
EDUCATIONAL TECHNOLOGY
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)
“Commission” means the
Commission on Educational Technology created pursuant to NRS 388.790
.
(Added to NRS by 1997, 1770)
“Committee” means the
Legislative Committee on Education created pursuant to NRS 218.5352
.
(Added to NRS by 1997, 1770)
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 Director of the
Department of Information Technology 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 Chairman 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 he is
appointed and expiring on December 31 of the immediately following year.
A member shall continue to serve on the Commission until his successor is
appointed. Upon the expiration of a term of a member, he may be
reappointed if he 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 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 Chairman.
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, he 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, he 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 218.2207 .
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 )
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 (t) of
subsection 2 of NRS 385.347 ; and
(d) 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, but not limited to, 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, but not limited to,
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. 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.
7. 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 )
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)—(Substituted in revision
for NRS 393.163)
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)—(Substituted in revision
for NRS 393.165)
DISTANCE EDUCATION
General Provisions
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 )
“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 )
“Distance education”
means instruction which is delivered by means of video, computer,
television, correspondence, 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 )
“Program of
distance education” means a program comprised of one or more courses of
distance education that is designed for pupils who:
1. Are participating in a program for pupils who are at risk of
dropping out of high school pursuant to NRS 388.537 .
2. Are participating in a program of independent study pursuant to
NRS 389.155 .
3. Are enrolled in a public school that does not offer advanced or
specialized courses.
4. Have a physical or mental condition that would otherwise
require an excuse from compulsory attendance pursuant to NRS 392.050
.
5. Would otherwise be excused from compulsory attendance pursuant
to NRS 392.080 .
6. Are otherwise prohibited from attending public school pursuant
to NRS 392.264 , 392.4642 to 392.4648 , inclusive, 392.466 , 392.467 or
392.4675 .
7. Are otherwise permitted to enroll in a program of distance
education provided by the board of trustees of a school district if the
board of trustees determines that special circumstances warrant
enrollment for the pupil.
8. Are otherwise permitted to enroll in a program of distance
education provided by the governing body of a charter school if the
governing body of the charter school determines that special
circumstances warrant enrollment for the pupil.
(Added to NRS by 2001, 3149 ; A 2003, 223 )
Approved Courses; Procedure for Application
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 )
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
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 )
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 385.391 , 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 385.391 , 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 )
Pupils
1. A pupil may enroll in a program of distance education only if
the pupil satisfies the requirements of any other applicable statute and
the pupil:
(a) Is participating in a program for pupils at risk of dropping
out of high school pursuant to NRS 388.537 ;
(b) Is participating in a program of independent study pursuant to
NRS 389.155 ;
(c) Is enrolled in a public school that does not offer certain
advanced or specialized courses that the pupil desires to attend;
(d) Has a physical or mental condition that would otherwise require
an excuse from compulsory attendance pursuant to NRS 392.050 ;
(e) Would otherwise be excused from compulsory attendance pursuant
to NRS 392.080 ;
(f) Is otherwise prohibited from attending public school pursuant
to NRS 392.264 , 392.4642 to 392.4648 , inclusive, 392.466 , 392.467 or
392.4675 ;
(g) Is otherwise permitted to enroll in a program of distance
education provided by the board of trustees of a school district if the
board of trustees determines that the circumstances warrant enrollment
for the pupil; or
(h) Is otherwise permitted to enroll in a program of distance
education provided by the governing body of a charter school if the
governing body of the charter school determines that the circumstances
warrant enrollment for the pupil.
2. In addition to the eligibility for enrollment set forth in
subsection 1, a pupil must satisfy the qualifications and conditions for
enrollment in a program of distance education adopted by the State Board
pursuant to NRS 388.874 .
3. A child who is exempt from compulsory attendance and receiving
equivalent instruction authorized by the State Board pursuant to
subsection 1 of NRS 392.070 is not
eligible to enroll in or otherwise attend a program of distance
education, regardless of whether he is otherwise eligible for enrollment
pursuant to subsection 1.
4. 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.140 , inclusive, and 392.251 to 392.271 ,
inclusive.
5. If a pupil is eligible for enrollment in a program of distance
education pursuant to paragraph (c) of subsection 1, he may enroll in the
program of distance education only to take those advanced or specialized
courses that are not offered at the public school he otherwise attends.
(Added to NRS by 2001, 3151 ; A 2003, 223 , 1141 )
1. Except as otherwise provided in this subsection, before a pupil
may enroll full time or 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, 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. A
pupil who 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.
2. 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. The written agreement must:
(a) Contain a statement prepared by the board of trustees of the
school district in which the pupil resides indicating that the board of
trustees understands that the Superintendent of Public Instruction will
make appropriate adjustments in the apportionments to the school district
pursuant to NRS 387.124 to account for
the pupil’s enrollment in the program of distance education;
(b) If the pupil plans to enroll part time in the program of
distance education, contain a statement prepared by the board of trustees
of the school district in which the pupil resides and the board of
trustees or governing body that provides the program of distance
education setting forth the percentage of the total time services will be
provided to the pupil through the program of distance education per
school day in proportion to the total time services are provided during a
school day to pupils who are counted pursuant to subparagraph (2) of
paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil
resides;
(c) Be signed by the board of trustees of the school district in
which the pupil resides and the board of trustees or governing body that
provides the program of distance education; and
(d) Include any other information required by the State Board by
regulation.
3. On or before the last day of the first school month of each
school year or March 1 of each school year, as applicable for the
semester of enrollment, a written agreement must be filed with the
Superintendent of Public Instruction for each pupil who is enrolled full
time in a program of distance education provided by a school district
other than the school district in which the pupil resides. On or before
the last day of the first school month of each school year or March 1 of
each school year, as applicable for the semester of enrollment, a written
agreement must be filed with the Superintendent of Public Instruction for
each pupil who is enrolled in a public school of the school district and
who is enrolled part time in a program of distance education provided by
a charter school. If an agreement is not filed for a pupil who is
enrolled in a program of distance education as required by this section,
the Superintendent of Public Instruction shall not apportion money for
that pupil to the board of trustees of the school district in which the
pupil resides, or the board of trustees or governing body that provides
the program of distance education.
(Added to NRS by 2001, 3152 ; A 2005, 2415 )
1. If a pupil is enrolled in a charter school, he may enroll full
time in a program of distance education only if the charter school in
which he 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. The written agreement must:
(a) Contain a statement prepared by the governing body of the
charter school in which the pupil is enrolled indicating that the
governing body understands that the Superintendent of Public Instruction
will make appropriate adjustments in the apportionments to the charter
school pursuant to NRS 387.124 to
account for the pupil’s enrollment in the program of distance education;
(b) Contain a statement prepared by the governing body of the
charter school in which the pupil is enrolled and the board of trustees
or governing body that provides the program of distance education setting
forth the percentage of the total time services will be provided to the
pupil through the program of distance education per school day in
proportion to the total time services are provided during a school day to
pupils who are counted pursuant to subparagraph (2) of paragraph (a) of
subsection 1 of NRS 387.1233 for the
school district in which the pupil resides;
(c) Be signed by the governing body of the charter school in which
the pupil is enrolled and the board of trustees or governing body that
provides the program of distance education; and
(d) Include any other information required by the State Board by
regulation.
4. On or before the last day of the first school month of each
school year or March 1 of each school year, as applicable for the
semester of enrollment, a written agreement must be filed with the
Superintendent of Public Instruction for each pupil who is enrolled in a
charter school and who is enrolled part time in a program of distance
education provided by a school district or another charter school. If an
agreement is not filed for such a pupil, the Superintendent of Public
Instruction shall not apportion money for that pupil to the governing
body of the charter school in which the pupil is enrolled, or the board
of trustees or governing body that provides the program of distance
education.
(Added to NRS by 2001, 3153 ; A 2005, 2416 )
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 385.391 , 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 385.391 , 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 385.391 , 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 )
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, for each course offered through the program, a teacher:
(a) Provides the work assignments to each pupil enrolled in the
course that are necessary for the pupil to complete the course; and
(b) Meets or otherwise communicates with the pupil at least once
each week during the course to discuss the pupil’s progress.
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 provides instruction at a community college or
university.
(Added to NRS by 2001, 3151 ; A 2005, 2417 )
Reports and Regulations
On or before November 1 of each year, the
board of trustees of a school district or the governing body of a charter
school that provides a program of distance education shall submit to the
Department and to the Legislative Bureau of Educational Accountability
and Program Evaluation a written report that contains a summary of the
program for the immediately preceding school year which includes, without
limitation:
1. A description of the manner in which the program was carried
out;
2. The expenditures made for the program;
3. The number of pupils who were enrolled full time in the program
and the number of pupils who were enrolled part time in the program;
4. If available, a description of the reasons why pupils enrolled
in the program;
5. The number of pupils who dropped out of the program, if any;
6. A description of any disciplinary measures taken against pupils
who were enrolled in the program; and
7. An analysis of the academic achievement and performance of the
pupils who were enrolled in the program before and after the pupils
participated in the program.
(Added to NRS by 2001, 3155 )
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 ;
(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 achievement and proficiency
examinations required pursuant to NRS 389.015 and 389.550 ;
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 )
MISCELLANEOUS PROVISIONS
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 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 )
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