Except as to the attendance of a pupil pursuant to NRS 388.820 to 388.874 ,
inclusive, or 392.015 , or a pupil who
is ineligible for attendance pursuant to NRS 392.4675 and except as otherwise provided in NRS
392.264 and 392.268 :
1. The board of trustees of any school district may, with the
approval of the Superintendent of Public Instruction:
(a) Admit to the school or schools of the school district any pupil
or pupils living in an adjoining school district within this State or in
an adjoining state when the school district of residence in the adjoining
state adjoins the receiving Nevada school district; or
(b) Pay tuition for pupils residing in the school district but who
attend school in an adjoining school district within this State or in an
adjoining state when the receiving district in the adjoining state
adjoins the school district of Nevada residence.
2. With the approval of the Superintendent of Public Instruction,
the board of trustees of the school district in which the pupil or pupils
reside and the board of trustees of the school district in which the
pupil or pupils attend school shall enter into an agreement providing for
the payment of such tuition as may be agreed upon, but transportation
costs must be paid by the board of trustees of the school district in
which the pupil or pupils reside:
(a) If any are incurred in transporting a pupil or pupils to an
adjoining school district within the State; and
(b) If any are incurred in transporting a pupil or pupils to an
adjoining state, as provided by the agreement.
3. In addition to the provisions for the payment of tuition and
transportation costs for pupils admitted to an adjoining school district
as provided in subsection 2, the agreement may contain provisions for the
payment of reasonable amounts of money to defray the cost of operation,
maintenance and depreciation of capital improvements which can be
allocated to such pupils.
[360:32:1956]—(NRS A 1957, 300; 1959, 807; 1961, 40; 1965, 100;
1979, 1613; 1981, 842; 1989, 1979; 1993, 2306; 1997, 428; 2001, 3162
)
1. The board of trustees of a school district shall, upon
application, allow any pupil who resides on an Indian reservation located
in two or more counties to attend the school nearest to the pupil’s
residence, without regard to the school district in which the pupil’s
residence is located. For the purposes of apportionment of money, if such
a pupil attends a school outside the county in which he resides, he must
be counted as being enrolled in the district in which he attends school.
2. A pupil who is allowed to attend a school outside the school
district in which his residence is located pursuant to this section must
remain in that school for the full school year.
3. The school district which pays the additional costs of
transporting a pupil pursuant to this section to a school outside the
school district in which his residence is located is entitled to be
reimbursed for those costs. Such additional costs must be paid from the
State Distributive School Account in the State General Fund.
4. The provisions of this section do not apply to a pupil who:
(a) Is ineligible to attend public school pursuant to NRS 392.4675
; or
(b) Resides on an Indian reservation pursuant to an order issued by
a court of competent jurisdiction in another state adjudging the pupil to
be delinquent and committing him to the custody of a public or private
institution or agency in this state.
(Added to NRS by 1989, 1978; A 1993, 2307)
1. If a 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, the pupil may attend a public
school that is located in a school district other than the school
district in which the pupil resides.
2. If a pupil described in subsection 1 attends a public school
that is located in a school district other than the school district in
which the pupil resides:
(a) The pupil must be included in the count of pupils of the school
district in which the pupil attends school for the purposes of
apportionments and allowances from the State Distributive School Account
pursuant to NRS 387.121 to 387.126
, inclusive.
(b) Neither the board of trustees of the school district in which
the pupil attends school nor the board of trustees of the school district
in which the pupil resides is required to provide transportation for the
pupil to attend the public school.
3. The provisions of this section do not apply to a pupil who is
ineligible to attend a public school pursuant to NRS 392.264 or 392.4675 .
(Added to NRS by 2005, 98 )
The State Board shall adopt
regulations to carry out the provisions of 20 U.S.C. § 7912 concerning
the choice that must be offered to a pupil to attend another public
school, including, without limitation, a charter school, if the pupil is
enrolled in a persistently dangerous school or is the victim of a violent
offense while at school or on the grounds of the school in which he is
enrolled. The regulations must include the criteria for identifying a
school as persistently dangerous.
(Added to NRS by 2003, 19th Special Session, 79 )
1. Except as otherwise provided in this subsection, if a child is
exempt from compulsory attendance pursuant to NRS 392.070 , 392.100 or
392.110 , and the child is employed to
work in the entertainment industry pursuant to a written contract for a
period of more than 91 school days, or its equivalent if the child
resides in a school district operating under an alternative schedule
authorized pursuant to NRS 388.090 ,
including, without limitation, employment with a motion picture company
or employment with a production company hired by a casino or resort
hotel, the entity that employs the child shall, upon the request of the
parent or legal guardian of the child, pay the costs for the child to
receive at least 3 hours of tutoring per day for at least 5 days per
week. In lieu of tutoring, the parent or legal guardian of such a child
may agree with the entity that employs the child that the entity will pay
the costs for the child to receive other educational or instructional
services which are equivalent to tutoring. The provisions of this
subsection apply during the period of a child’s employment with an
entity, regardless of whether the child has obtained the appropriate
exemption from compulsory attendance at the time his contract with the
entity is under negotiation.
2. If such a child is exempt from compulsory attendance pursuant
to NRS 392.100 or 392.110 , the tutoring or other educational or
instructional services received by the child pursuant to subsection 1
must be approved by the board of trustees of the school district in which
the child resides.
(Added to NRS by 2001, 1423 ; A 2003, 3217 )
The board of trustees of a school district shall
not change the grade given to a pupil by a teacher unless the school
district has established and followed a procedure that allows the teacher
an opportunity to substantiate the grade that was given.
(Added to NRS by 1989, 1103)
1. If a parent or legal guardian of a pupil requests the education
records of the pupil, a public school shall comply with the provisions of
20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.
2. If a parent or legal guardian of a pupil reviews the education
records of the pupil and requests an amendment or other change to the
education records, a public school shall comply with the provisions of 20
U.S.C. § 1232g(a) and 34 C.F.R. Part 99.
3. Except as otherwise provided in 20 U.S.C. § 1232g(b), a public
school shall not release the education records of a pupil to a person,
agency or organization without the written consent of the parent or legal
guardian of the pupil.
4. If a public school administers a program which includes a
survey, analysis or evaluation that is designed to elicit the information
described in 20 U.S.C. § 1232h, it must comply with the provisions of
that section.
5. A right accorded to a parent or legal guardian of a pupil
pursuant to the provisions of this section devolves upon the pupil on the
date on which he attains the age of 18 years.
6. A public school shall, at least annually, provide to each pupil
who is at least 18 years of age and to a parent or legal guardian of each
pupil who is not at least 18 years of age, written notice of his rights
pursuant to this section.
7. The provisions of this section:
(a) Are intended to ensure that each public school complies with
the provisions of 20 U.S.C. §§ 1232g and 1232h;
(b) Must, to the extent possible, be construed in a manner that is
consistent with 20 U.S.C. §§ 1232g and 1232h, and the regulations adopted
pursuant thereto;
(c) Apply to a public school regardless of whether the school
receives money from the Federal Government; and
(d) Do not impair any right, obligation or prohibition established
pursuant to chapter 432B of NRS.
8. The State Board may adopt such regulations as are necessary to
ensure that public schools comply with the provisions of this section.
9. As used in this section, unless the context otherwise requires,
“education records” has the meaning ascribed to it in 20 U.S.C. §
1232g(a)(4).
(Added to NRS by 1997, 2528)
1. The State Board shall adopt regulations which prescribe the
courses of study required for promotion to high school, which may include
the credits to be earned.
2. The board of trustees of a school district shall not promote a
pupil to high school if the pupil does not complete the course of study
or credits required for promotion. The board of trustees of the school
district in which the pupil is enrolled may provide programs to complete
the courses of study required for promotion to high school.
3. The board of trustees of each school district shall adopt a
procedure for evaluating the course of study or credits completed by a
pupil who transfers to a junior high or middle school from a junior high
or middle school in this State or from a school outside of this State.
(Added to NRS by 1997, 2488)
1. In determining the mobility of pupils in a school, for any
purpose, the Department shall divide the sum of the following numbers by
the cumulative enrollment in the school:
(a) The number of late entries or transfers into a school from
another school, school district or state, after the beginning of the
school year;
(b) The number of pupils reentering the school after having
withdrawn from the same school; and
(c) The number of pupils who withdraw for any reason or who are
dropped for nonattendance.
2. To determine the cumulative enrollment of the school pursuant
to subsection 1, the Department shall add the total number of pupils
enrolled in programs of instruction in the school who are included in the
count for apportionment purposes pursuant to paragraphs (a) to (d),
inclusive, (f) and (g) of subsection 1 of NRS 387.123 and the number of pupils included in
paragraphs (a) and (b) of subsection 1.
3. The Department shall develop and distribute to the county
school districts a form upon which the information necessary to the
formula may be submitted by the individual schools.
(Added to NRS by 1995, 1674; A 1999, 3316 ; 2001, 3163 )
ATTENDANCE
Compulsory and Excused Attendance; Retention
1. Except as otherwise provided by law, each parent, custodial
parent, guardian or other person in the State of Nevada having control or
charge of any child between the ages of 7 and 17 years shall send the
child to a public school during all the time the public school is in
session in the school district in which the child resides.
2. A child who is 5 years of age on or before September 30 of a
school year may be admitted to kindergarten at the beginning of that
school year, and his enrollment must be counted for purposes of
apportionment. If a child is not 5 years of age on or before September 30
of a school year, the child must not be admitted to kindergarten.
3. Except as otherwise provided in subsection 4, a child who is 6
years of age on or before September 30 of a school year must:
(a) If he has not completed kindergarten, be admitted to
kindergarten at the beginning of that school year; or
(b) If he has completed kindergarten, be admitted to the first
grade at the beginning of that school year,
Ê and his enrollment must be counted for purposes of apportionment. If a
child is not 6 years of age on or before September 30 of a school year,
the child must not be admitted to the first grade until the beginning of
the school year following his sixth birthday.
4. The parents, custodial parent, guardian or other person within
the State of Nevada having control or charge of a child who is 6 years of
age on or before September 30 of a school year may elect for the child
not to attend kindergarten or the first grade during that year. The
parents, custodial parent, guardian or other person who makes such an
election shall file with the board of trustees of the appropriate school
district a waiver in a form prescribed by the board.
5. Whenever a child who is 6 years of age is enrolled in a public
school, each parent, custodial parent, guardian or other person in the
State of Nevada having control or charge of the child shall send him to
the public school during all the time the school is in session. If the
board of trustees of a school district has adopted a policy prescribing a
minimum number of days of attendance for pupils enrolled in kindergarten
or first grade pursuant to NRS 392.122 ,
the school district shall provide to each parent and legal guardian of a
pupil who elects to enroll his child in kindergarten or first grade a
written document containing a copy of that policy and a copy of the
policy of the school district concerning the withdrawal of pupils from
kindergarten or first grade. Before the child’s first day of attendance
at a school, the parent or legal guardian shall sign a statement on a
form provided by the school district acknowledging that he has read and
understands the policy concerning attendance and the policy concerning
withdrawal of pupils from kindergarten or first grade. The parent or
legal guardian shall comply with the applicable requirements for
attendance. This requirement for attendance does not apply to any child
under the age of 7 years who has not yet been enrolled or has been
formally withdrawn from enrollment in public school.
6. A child who is 7 years of age on or before September 30 of a
school year must:
(a) If he has completed kindergarten and the first grade, be
admitted to the second grade.
(b) If he has completed kindergarten, be admitted to the first
grade.
(c) If the parents, custodial parent, guardian or other person in
the State of Nevada having control or charge of the child waived the
child’s attendance from kindergarten pursuant to subsection 4, undergo an
assessment by the district pursuant to subsection 7 to determine whether
the child is prepared developmentally to be admitted to the first grade.
If the district determines that the child is prepared developmentally, he
must be admitted to the first grade. If the district determines that the
child is not so prepared, he must be admitted to kindergarten.
Ê The enrollment of any child pursuant to this subsection must be counted
for apportionment purposes.
7. Each school district shall prepare and administer before the
beginning of each school year a developmental screening test to a child:
(a) Who is 7 years of age on or before September 30 of the next
school year; and
(b) Whose parents waived his attendance from kindergarten pursuant
to subsection 4,
Ê to determine whether the child is prepared developmentally to be
admitted to the first grade. The results of the test must be made
available to the parents, custodial parent, guardian or other person
within the State of Nevada having control or charge of the child.
8. A child who becomes a resident of this State after completing
kindergarten or beginning first grade in another state in accordance with
the laws of that state may be admitted to the grade he was attending or
would be attending had he remained a resident of the other state
regardless of his age, unless the board of trustees of the school
district determines that the requirements of this section are being
deliberately circumvented.
9. As used in this section, “kindergarten” includes:
(a) A kindergarten established by the board of trustees of a school
district pursuant to NRS 388.060 ;
(b) A kindergarten established by the governing body of a charter
school; and
(c) An authorized program of instruction for kindergarten offered
in a child’s home pursuant to NRS 388.060 .
[363:32:1956]—(NRS A 1957, 304; 1971, 170; 1975, 49; 1979, 818;
1989, 217; 1997, 1724; 2001, 3163 ; 2005, 520 )
1. A child must be excused from attendance required by the
provisions of NRS 392.040 when
satisfactory written evidence is presented to the board of trustees of
the school district in which the child resides that the child’s physical
or mental condition is such as to prevent or render inadvisable his
attendance at school or his application to study.
2. A certificate in writing from any qualified physician acting
within his authorized scope of practice, filed with the board of trustees
immediately after its receipt, stating that the child is not able to
attend school or that his attendance is inadvisable must be taken as
satisfactory evidence by the board of trustees.
3. A board of trustees of a school district which has excused from
attendance pursuant to subsection 1 a child who, pursuant to NRS 388.440
, qualifies as a pupil with a
disability, shall make available to the child a free appropriate public
education in compliance with the Individuals with Disabilities Education
Act (20 U.S.C. §§ 1400 et seq.), as that act existed on July 1, 1995.
[364:32:1956]—(NRS A 1995, 260)
Attendance required by the provisions of NRS
392.040 shall be excused when
satisfactory written evidence is presented to the board of trustees of
the school district in which the child resides that he has already
completed the 12 grades of the elementary and high school courses.
[365:32:1956]
1. Attendance required by the provisions of NRS 392.040 must be excused when satisfactory written
evidence is presented to the board of trustees of the school district in
which the child resides that the child is receiving at home or in some
other school equivalent instruction of the kind and amount approved by
the State Board.
2. The board of trustees of each school district shall provide
programs of special education and related services for homeschooled
children. The programs of special education and related services required
by this section must be made available:
(a) Only if a child would otherwise be eligible for participation
in programs of special education and related services pursuant to NRS
388.440 to 388.520 , inclusive;
(b) In the same manner that the board of trustees provides, as
required by 20 U.S.C. § 1412, for the participation of pupils with
disabilities who are enrolled in private schools within the school
district voluntarily by their parents or legal guardians; and
(c) In accordance with the same requirements set forth in 20 U.S.C.
§ 1412 which relate to the participation of pupils with disabilities who
are enrolled in private schools within the school district voluntarily by
their parents or legal guardians.
3. Except as otherwise provided in subsection 2 for programs of
special education and related services, upon the request of a parent or
legal guardian of a child who is enrolled in a private school or a parent
or legal guardian of a homeschooled child, the board of trustees of the
school district in which the child resides shall authorize the child to
participate in a class that is not available to the child at the private
school or home school or to participate in an extracurricular activity,
excluding sports, at a public school within the school district if:
(a) Space for the child in the class or extracurricular activity is
available; and
(b) The parent or legal guardian demonstrates to the satisfaction
of the board of trustees that the child is qualified to participate in
the class or extracurricular activity.
Ê If the board of trustees of a school district authorizes a child to
participate in a class or extracurricular activity, excluding sports,
pursuant to this subsection, the board of trustees is not required to
provide transportation for the child to attend the class or activity. A
homeschooled child must be allowed to participate in interscholastic
activities and events governed by an association pursuant to NRS 386.420
to 386.470 , inclusive, and interscholastic activities and
events, including sports, pursuant to subsection 5.
4. The board of trustees of a school district may revoke its
approval for a pupil to participate in a class or extracurricular
activity at a public school pursuant to subsection 3 if the board of
trustees or the public school determines that the pupil has failed to
comply with applicable statutes, or applicable rules and regulations of
the board of trustees. If the board of trustees revokes its approval,
neither the board of trustees nor the public school is liable for any
damages relating to the denial of services to the pupil.
5. In addition to those interscholastic activities and events
governed by an association pursuant to NRS 386.420 to 386.470 ,
inclusive, homeschooled children must be allowed to participate in
interscholastic activities and events, including sports. A homeschooled
child who participates in interscholastic activities and events at a
public school pursuant to this subsection must participate within the
school district of the child’s residence through the public school which
the child is otherwise zoned to attend. Any rules or regulations that
apply to pupils enrolled in public schools who participate in
interscholastic activities and events, including sports, apply in the
same manner to homeschooled children who participate in interscholastic
activities and events, including, without limitation, provisions
governing:
(a) Eligibility and qualifications for participation;
(b) Fees for participation;
(c) Insurance;
(d) Transportation;
(e) Requirements of physical examination;
(f) Responsibilities of participants;
(g) Schedules of events;
(h) Safety and welfare of participants;
(i) Eligibility for awards, trophies and medals;
(j) Conduct of behavior and performance of participants; and
(k) Disciplinary procedures.
6. If a homeschooled child participates in interscholastic
activities and events pursuant to subsection 5:
(a) No challenge may be brought by an association, a school
district, a public school or a private school, a parent or guardian of a
pupil enrolled in a public school or a private school, a pupil enrolled
in a public school or a private school, or any other entity or person
claiming that an interscholastic activity or event is invalid because the
homeschooled child is allowed to participate.
(b) Neither the school district nor a public school may prescribe
any regulations, rules, policies, procedures or requirements governing
the eligibility or participation of the homeschooled child that are more
restrictive than the provisions governing the eligibility and
participation of pupils enrolled in public schools.
7. The programs of special education and related services required
by subsection 2 may be offered at a public school or another location
that is appropriate.
8. The Department may adopt such regulations as are necessary for
the boards of trustees of school districts to provide the programs of
special education and related services required by subsection 2.
9. As used in this section, “related services” has the meaning
ascribed to it in 20 U.S.C. § 1401(22).
[366:32:1956]—(NRS A 1999, 3316 ; 2003, 2961 ; 2005, 2825 )
Attendance required by the
provisions of NRS 392.040 must be
excused if a child has obtained permission to take the tests of general
educational development pursuant to NRS 385.448 .
(Added to NRS by 2001, 1493 )
Attendance required by the provisions of NRS 392.040 shall be excused when the Superintendent of
Public Instruction has determined that the child’s residence is located
at such distance from the nearest public school as to render attendance
unsafe or impractical, and the child’s parent or guardian has notified
the board of trustees to that effect in writing.
[367:32:1956]—(NRS A 1959, 808; 1979, 1613)
After review of the case, the juvenile
court may issue a permit authorizing any child who has completed the
eighth grade to leave school.
[368:32:1956]—(NRS A 1991, 2185; 2003, 1146 )
Attendance required by the
provisions of NRS 392.040 shall be
excused when satisfactory written evidence is presented to the board of
trustees of the school district in which the child resides that the
child, 14 years of age or over, must work for his own or his parent’s
support.
[369:32:1956]
1. Any child between the ages of 14 and 17 years who has completed
the work of the first eight grades may be excused from full-time school
attendance and may be permitted to enter proper employment or
apprenticeship, by the written authority of the board of trustees
excusing the child from such attendance. The board’s written authority
shall state the reason or reasons for such excuse.
2. In all such cases no employer or other person shall employ or
contract for the services or time of such child until the child presents
a written permit therefor from the attendance officer or board of
trustees. The permit shall be kept on file by the employer, and upon the
termination of employment shall be returned by the employer to the board
of trustees or other authority issuing it.
[370:32:1956]—(NRS A 1957, 304; 1979, 1614)
The board of trustees of each school district shall adopt
rules that require each public school in the district to include the
accounting of attendance and, if feasible, tardiness of a pupil on each
report card or other report of progress of the pupil. The report card or
other report of progress must indicate the number of absences, if any,
for the period covered by the report card or other report of progress.
(Added to NRS by 1997, 2834)
1. The board of trustees of each school district shall prescribe a
minimum number of days that a pupil who is subject to compulsory
attendance and enrolled in a school in the district must be in attendance
for the pupil to obtain credit or to be promoted to the next higher
grade. The board of trustees of a school district may adopt a policy
prescribing a minimum number of days that a pupil who is enrolled in
kindergarten or first grade in the school district must be in attendance
for the pupil to obtain credit or to be promoted to the next higher grade.
2. For the purposes of this section, the days on which a pupil is
not in attendance because the pupil is absent for up to 10 days within 1
school year with the approval of the teacher or principal of the school
pursuant to NRS 392.130 , must be
credited towards the required days of attendance if the pupil has
completed course-work requirements. If the board of trustees of a school
district has adopted a policy pursuant to subsection 5, the 10-day
limitation on absences does not apply to absences that are excused
pursuant to that policy.
3. Except as otherwise provided in subsection 5, before a pupil is
denied credit or promotion to the next higher grade for failure to comply
with the attendance requirements prescribed pursuant to subsection 1, the
principal of the school in which the pupil is enrolled or his designee
shall provide written notice of the intended denial to the parent or
legal guardian of the pupil. The notice must include a statement
indicating that the pupil and his parent or legal guardian may request a
review of the absences of the pupil and a statement of the procedure for
requesting such a review. Upon the request for a review by the pupil and
his parent or legal guardian, the principal or his designee shall review
the reason for each absence of the pupil upon which the intended denial
of credit or promotion is based. After the review, the principal or his
designee shall credit towards the required days of attendance each day of
absence for which:
(a) There is evidence or a written affirmation by the parent or
legal guardian of the pupil that the pupil was physically or mentally
unable to attend school on the day of the absence; and
(b) The pupil has completed course-work requirements.
4. A pupil and his parent or legal guardian may appeal a decision
of a principal or his designee pursuant to subsection 3 to the board of
trustees of the school district in which the pupil is enrolled.
5. The board of trustees of a school district may adopt a policy
to exempt pupils who are physically or mentally unable to attend school
from the limitations on absences set forth in subsection 1. If a board of
trustees adopts a policy pursuant to this subsection:
(a) A pupil who receives an exemption pursuant to this subsection
is not exempt from the minimum number of days of attendance prescribed
pursuant to subsection 1.
(b) The days on which a pupil is physically or mentally unable to
attend school must be credited towards the required days of attendance if
the pupil has completed course-work requirements.
(c) The procedure for review of absences set forth in subsection 3
does not apply to days on which the pupil is absent because the pupil is
physically or mentally unable to attend school.
6. A school shall inform the parents or legal guardian of each
pupil who is enrolled in the school that the parents or legal guardian
and the pupil are required to comply with the provisions governing the
attendance and truancy of pupils set forth in NRS 392.040 to 392.160 ,
inclusive, and any other rules concerning attendance and truancy adopted
by the board of trustees of the school district.
(Added to NRS by 1997, 2488; A 1999, 3454 ; 2003, 1341 ; 2005, 94 , 521 )
1. Except as otherwise provided in subsection 4, before any pupil
enrolled in a public school may be retained in the same grade rather than
promoted to the next higher grade for the succeeding school year, the
pupil’s teacher and principal must make a reasonable effort to arrange a
meeting and to meet with his parents or guardian to discuss the reasons
and circumstances.
2. The teacher and the principal in joint agreement have the final
authority to retain a pupil in the same grade for the succeeding school
year.
3. Except as otherwise provided in subsection 2 of NRS 392.033
for the promotion of a pupil to high
school, no pupil may be retained more than one time in the same grade.
4. This section does not apply to the academic retention of pupils
who are enrolled in a charter school.
(Added to NRS by 1979, 818; A 1981, 871; 1997, 1873; 2003, 2519
)
Advisory Board to Review School Attendance; Absence and Truancy
1. There is hereby created in each county at least one advisory
board to review school attendance. The membership of each such board may
consist of:
(a) One probation officer in the county who works on cases relating
to juveniles, appointed by the judge or judges of the juvenile court of
the county;
(b) One representative of a law enforcement agency in the county
who works on cases relating to juveniles, appointed by the judge or
judges of the juvenile court of the county;
(c) One representative of the district attorney for the county,
appointed by the district attorney;
(d) One parent or legal guardian of a pupil who is enrolled in a
public school in the county, or his designee or alternate who is also a
parent or legal guardian, appointed by the president of the board of
trustees of the school district;
(e) One member of the board of trustees of the school district,
appointed by the president of the board of trustees;
(f) One school counselor or school teacher employed by the school
district, appointed by an organization or association that represents
licensed educational personnel in the school district;
(g) One deputy sheriff in the county, appointed by the sheriff of
the county; and
(h) One representative of the agency which provides child welfare
services, as defined in NRS 432B.030 .
2. The members of each such board shall elect a chairman from
among their membership.
3. Each member of such a board must be appointed for a term of 2
years. A vacancy in the membership of the board must be filled in the
same manner as the original appointment for the remainder of the
unexpired term.
4. Each member of such a board serves without compensation, except
that, for each day or portion of a day during which a member of the board
attends a meeting of the board or is otherwise engaged in the business of
the board, he is entitled to receive the per diem allowance and travel
expenses provided for state officers and employees generally. The board
of trustees of the school district shall pay the per diem allowance and
travel expenses from the general fund of the school district.
(Added to NRS by 1997, 2834; A 1999, 3455 ; 2001 Special Session, 21 )
The board of trustees of each school district
shall provide administrative support to each advisory board to review
school attendance created in its county pursuant to NRS 392.126 .
(Added to NRS by 1997, 2834; A 1999, 3455 )
1. Each advisory board to review school attendance created
pursuant to NRS 392.126 shall:
(a) Review the records of the attendance and truancy of pupils
submitted to the advisory board to review school attendance by the board
of trustees of the school district pursuant to subsection 7 of NRS
385.347 ;
(b) Identify factors that contribute to the truancy of pupils in
the school district;
(c) Establish programs to reduce the truancy of pupils in the
school district;
(d) At least annually, evaluate the effectiveness of those programs;
(e) Establish a procedure for schools and school districts for the
reporting of the status of pupils as habitual truants; and
(f) Inform the parents and legal guardians of the pupils who are
enrolled in the schools within the district of the policies and
procedures adopted pursuant to the provisions of this section.
2. The chairman of an advisory board may divide the advisory board
into subcommittees. The advisory board may delegate one or more of the
duties of the advisory board to a subcommittee of the advisory board,
including, without limitation, holding hearings pursuant to NRS 392.147
. If the chairman of an advisory board
divides the advisory board into subcommittees, the chairman shall notify
the board of trustees of the school district of this action. Upon receipt
of such a notice, the board of trustees shall establish rules and
procedures for each such subcommittee. A subcommittee shall abide by the
applicable rules and procedures when it takes action or makes decisions.
3. An advisory board to review school attendance created in a
county pursuant to NRS 392.126 may use
money appropriated by the Legislature and any other money made available
to the advisory board for the use of programs to reduce the truancy of
pupils in the school district. The advisory board to review school
attendance shall, on a quarterly basis, provide to the board of trustees
of the school district an accounting of the money used by the advisory
board to review school attendance to reduce the truancy of pupils in the
school district.
(Added to NRS by 1997, 2835; A 1999, 2670 , 3455 ; 2001, 248 ; 2003, 19th Special Session, 79 )
1. Within the meaning of this chapter, a pupil shall be deemed a
truant who is absent from school without the written approval of his
teacher or the principal of the school, unless the pupil is physically or
mentally unable to attend school. The teacher or principal shall give his
written approval for a pupil to be absent if an emergency exists or upon
the request of a parent or legal guardian of the pupil. Before a pupil
may attend or otherwise participate in school activities outside the
classroom during regular classroom hours, he must receive the approval of
the teacher or principal.
2. An unapproved absence for at least one period, or the
equivalent of one period for the school, of a school day may be deemed a
truancy for the purposes of this section.
3. If a pupil is physically or mentally unable to attend school,
the parent or legal guardian or other person having control or charge of
the pupil shall notify the teacher or principal of the school orally or
in writing, in accordance with the policy established by the board of
trustees of the school district, within 3 days after the pupil returns to
school.
4. An absence which has not been approved pursuant to subsection 1
or 3 shall be deemed an unapproved absence. In the event of an unapproved
absence, the teacher, attendance officer or other school official shall
deliver or cause to be delivered a written notice of truancy to the
parent, legal guardian or other person having control or charge of the
child. The written notice must be delivered to the parent, legal guardian
or other person who has control of the child. The written notice must
inform the parents or legal guardian of such absences in a form specified
by the Department.
5. As used in this section, “physically or mentally unable to
attend” does not include a physical or mental condition for which a pupil
is excused pursuant to NRS 392.050 .
6. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this
section apply to all pupils who are less than 18 years of age and
enrolled in public schools, including, without limitation, pupils who are
17 years of age or older but less than 18 years of age.
[372:32:1956]—(NRS A 1985, 2168; 1987, 158; 1997, 2835; 1999, 3456
)
1. Any child who has been declared a truant three or more times
within one school year must be declared a habitual truant.
2. Any child who has once been declared a habitual truant and who
in an immediately succeeding year is absent from school without the
written:
(a) Approval of his teacher or the principal of the school pursuant
to subsection 1 of NRS 392.130 ; or
(b) Notice of his parent or legal guardian or other person who has
control or charge over the pupil pursuant to subsection 3 of NRS 392.130
,
Ê may again be declared a habitual truant.
3. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this
section apply to all pupils who are less than 18 years of age and
enrolled in public schools, including, without limitation, pupils who are
17 years of age or older but less than 18 years of age.
[373:32:1956]—(NRS A 1997, 2836; 1999, 3457 )
144 , 392.146 and
392.147 to all pupils who are less than
18 years of age. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of NRS 392.144
, 392.146 and 392.147
apply to all pupils who are less than 18 years of age and enrolled in
public schools, including, without limitation, pupils who are 17 years of
age or older but less than 18 years of age.
(Added to NRS by 1999, 3452 )
1. If a pupil has one or more unapproved absences from school, the
school in which the pupil is enrolled shall take reasonable actions
designed, as applicable, to encourage, enable or convince the pupil to
attend school.
2. If a pupil is a habitual truant pursuant to NRS 392.140 , the principal of the school shall:
(a) Report the pupil to a school police officer or to the local law
enforcement agency for investigation and issuance of a citation, if
warranted, in accordance with NRS 392.149 ; or
(b) If the parent or legal guardian of a pupil has signed a written
consent pursuant to subsection 4, submit a written referral of the pupil
to the advisory board to review school attendance in the county in
accordance with NRS 392.146 .
3. The board of trustees of each school district shall adopt
criteria to determine whether the principal of a school shall report a
pupil to a school police officer or law enforcement agency pursuant to
paragraph (a) of subsection 2 or refer a pupil to an advisory board to
review school attendance pursuant to paragraph (b) of subsection 2.
4. If the principal of a school makes an initial determination to
submit a written referral of a pupil to the advisory board to review
school attendance, the principal shall notify the parent or legal
guardian of the pupil and request the parent or legal guardian to sign a
written consent that authorizes the school and, if applicable, the school
district to release the records of the pupil to the advisory board to the
extent that such release is necessary for the advisory board to carry out
its duties pursuant to NRS 392.146 and
392.147 . The written consent must
comply with the applicable requirements of 20 U.S.C. § 1232g(b) and 34
C.F.R. Part 99. If the parent or legal guardian refuses to sign the
consent, the principal shall report the pupil to a school police officer
or to a local law enforcement agency pursuant to paragraph (a) of
subsection 2.
(Added to NRS by 1999, 3452 )
A written referral of a pupil to an advisory
board to review school attendance must include the dates on which the
pupil was truant from school and all action taken by the school to assist
the pupil to attend school. The advisory board may request clarification
of any information contained in the written referral or any additional
information that the advisory board considers necessary. The school shall
provide written notice of the referral to the parents or legal guardian
of the pupil. The written notice must include, without limitation:
1. The name and address of the pupil referred;
2. A written explanation of the reason for the referral;
3. A summary of the provisions of NRS 392.147 ; and
4. The address and telephone number of the advisory board to
review school attendance.
(Added to NRS by 1999, 3452 )
1. If an advisory board to review school attendance receives a
written referral of a pupil pursuant to NRS 392.146 , the advisory board shall set a date, time and
place for a hearing. The pupil and his parents or legal guardian shall
attend the hearing held by the advisory board. The hearing must be closed
to the public. The chairman of an advisory board to review school
attendance may request that subpoenas for a hearing conducted pursuant to
this section be issued to:
(a) The parent or legal guardian of a pupil who has been referred
to the advisory board or any other person that the advisory board
considers necessary to the hearing.
(b) A pupil who has been referred to the advisory board.
2. If a pupil and his parents or legal guardian do not attend the
hearing, the chairman of the advisory board shall report the pupil to a
school police officer or to the appropriate local law enforcement agency
for investigation and issuance of a citation, if warranted in accordance
with NRS 392.149 .
3. If an advisory board to review school attendance determines
that the status of a pupil as a habitual truant can be adequately
addressed through participation by the pupil in programs and services
available in the community, the advisory board shall order the pupil to
participate in such programs and services. If the pupil does not agree to
participate in such programs and services, the chairman of the advisory
board shall report the pupil to a school police officer or to the
appropriate local law enforcement agency for investigation and issuance
of a citation, if warranted in accordance with NRS 392.149 . If the pupil agrees to participate in such
programs and services, the advisory board, the pupil and the parents or
legal guardian of the pupil shall enter into a written agreement that:
(a) Sets forth the findings of the advisory board;
(b) Sets forth the terms and conditions of the pupil’s
participation in the programs and services designated by the advisory
board; and
(c) Adequately informs the pupil and his parents or legal guardian
that if the pupil or his parents or legal guardian do not comply with the
terms of the written agreement, the chairman of the advisory board is
legally obligated to report the pupil to a school police officer or to
the appropriate local law enforcement agency for investigation and
issuance of a citation, if warranted in accordance with NRS 392.149
.
Ê The parents or legal guardian of the pupil shall, upon the request of
the advisory board, provide proof satisfactory to the advisory board that
the pupil is participating in the programs and services set forth in the
written agreement.
4. The chairman of an advisory board to review school attendance
shall report a pupil to a school police officer or to the appropriate
local law enforcement agency if:
(a) The pupil and his parents or legal guardian fail to attend a
hearing set by the advisory board pursuant to subsection 1;
(b) The advisory board determines that the status of a pupil as a
habitual truant cannot be adequately addressed by requiring the pupil to
participate in programs and services available in the community;
(c) The pupil does not consent to participation in programs and
services pursuant to subsection 3; or
(d) The pupil or his parents or legal guardian violates the terms
of the written agreement entered into pursuant to subsection 3.
5. If the chairman of an advisory board makes such a report to a
school police officer or local law enforcement agency, the chairman shall:
(a) Submit to the school police officer or law enforcement agency,
as applicable, written documentation of all efforts made by the advisory
board to address the status of the pupil as a habitual truant; and
(b) Make recommendations to the school police officer or law
enforcement agency, as applicable, regarding the appropriate disposition
of the case.
6. If the parents or legal guardian of a pupil enter into a
written agreement pursuant to this section, the parents or legal guardian
may appeal to the board of trustees of the school district a
determination made by the advisory board concerning the contents of the
written agreement. Upon receipt of such a request, the board of trustees
of the school district shall review the determination in accordance with
the procedure established by the board of trustees for such matters.
7. The board of trustees of each school district shall adopt
policies and rules to protect the confidentiality of the deliberations,
findings and determinations made by an advisory board and information
concerning a pupil and the family of a pupil. An advisory board shall not
disclose information concerning the records of a pupil or services
provided to a pupil or his family unless the disclosure is specifically
authorized by statute or by the policies and rules of the board of
trustees and is necessary for the advisory board to carry out its duties.
(Added to NRS by 1999, 3453 )
1. Upon receipt of a report pursuant to NRS 392.144 or 392.147 ,
if it appears after investigation that a pupil is a habitual truant, the
school police officer or law enforcement agency to whom the report is
made shall prepare manually or electronically a citation directing the
pupil to appear in the proper juvenile court.
2. A copy of the citation must be delivered to the pupil and to
the parent, guardian or any other person who has control or charge of the
pupil by:
(a) The local law enforcement agency;
(b) A school police officer employed by the board of trustees of
the school district; or
(c) An attendance officer appointed by the board of trustees of the
school district.
3. The citation must be in the form prescribed for misdemeanor
citations in NRS 171.1773 .
4. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this
section apply to all pupils who are less than 18 years of age and
enrolled in public schools, including, without limitation, pupils who are
17 years of age or older but less than 18 years of age.
(Added to NRS by 1997, 2835; A 1999, 1144 , 3457 )—(Substituted in revision for NRS 392.142)
The board of trustees of a school district may:
1. Appoint an attendance officer, who need not be a licensed
employee of the school district, except that in any school district where
a system of classified employment is in effect, attendance officers must
be classified employees of the school district.
2. Fix his compensation.
3. Prescribe his duties.
4. Adopt regulations not inconsistent with law for the performance
of his duties.
[374:32:1956]—(NRS A 1959, 595; 1973, 719; 1987, 1013)
1. Any peace officer, the attendance officer or any other school
officer shall, during school hours, take into custody without warrant:
(a) Any child between the ages of 7 and 17 years; and
(b) Any child who has arrived at the age of 6 years but not at the
age of 7 years and is enrolled in a public school,
Ê who has been reported to him by the teacher, superintendent of schools
or other school officer as an absentee from instruction upon which he is
lawfully required to attend.
2. Any peace officer, the attendance officer or any other school
officer shall, during school hours, take into custody without warrant any
child who is 17 years of age or older but less than 18 years of age if:
(a) The child is enrolled in a public school; and
(b) A teacher, superintendent of schools or other school officer
has reported the child as absent from instruction.
3. Except as otherwise provided in subsection 4:
(a) During school hours, the officer having custody shall forthwith
deliver the child to the superintendent of schools, principal or other
school officer at the child’s school of attendance.
(b) After school hours, the officer having custody shall deliver
the child to the parent, guardian or other person having control or
charge of the child.
4. The board of trustees of a school district or the governing
body of a charter school may enter into an agreement with a counseling
agency to permit delivery of the child to the agency. For the purposes of
this subsection, “counseling agency” means an agency designated by the
school district in which the child is enrolled to provide counseling for
the child and the parent, guardian or other person having control or
charge of the child.
[375:32:1956]—(NRS A 1957, 305; 1979, 819, 1614; 1989, 70; 1997,
1874; 1999, 3458 )
Birth Certificates and Records of Attendance; Name for Enrollment
1. The board of trustees of a school district and the governing
body of a charter school shall not allow a child to be permanently
enrolled in any school in the district or any charter school until the
parent or guardian of the child furnishes a birth certificate or other
document suitable as proof of the child’s identity and, if applicable, a
copy of the child’s records from the school he most recently attended.
2. Except as otherwise provided in subsection 3, a child must be
enrolled in a school under his name as it appears in the identifying
document or records required by subsection 1, unless the parent or
guardian furnishes a court order or decree authorizing a change of name
or directing the board of trustees of the school district or the
governing body of a charter school to enroll the child under a name other
than the name which appears in the identifying document or records.
3. A child who is in the custody of the agency which provides
child welfare services, as defined in NRS 432B.030 , may be enrolled in a school under a name
other than the name which appears in the identifying document or records
required by subsection 1 if the court determines that to do so would be
in the best interests of the child.
4. If the parent or guardian fails to furnish the identifying
document or records required by subsection 1 within 30 days after the
child is conditionally enrolled, the principal, superintendent or
governing body of a charter school shall notify the local law enforcement
agency and request a determination as to whether the child has been
reported as missing.
(Added to NRS by 1985, 2168; A 1987, 212; 1993, 2691; 1997, 1874;
2001 Special Session, 21 )
A parent or guardian who has legal custody of a
child may petition the appropriate district court for an order directing
the board of trustees of a school district or the governing body of a
charter school to enroll that child in a public school within that
district under a name other than the name which appears in the
identifying document or records required by subsection 1 of NRS 392.165
. Except as otherwise provided by
specific statute, the court shall issue the order if it determines that
to do so would be in the best interests of the child.
(Added to NRS by 1987, 212; A 1993, 2307; 1997, 1875)
Enforcement and Penalties
Upon the written complaint of any
person, the board of trustees of a school district or the governing body
of a charter school shall:
1. Make a full and impartial investigation of all charges against
parents, guardians or other persons having control or charge of any child
who is 17 years of age or younger for violation of any of the provisions
of NRS 392.040 to 392.110 , inclusive, or 392.130 to 392.160 ,
inclusive.
2. Make and file a written report of the investigation and the
findings thereof in the records of the board.
[376:32:1956]—(NRS A 1997, 1875, 2836; 1999, 490 )
If it appears upon
investigation that any parent, guardian or other person having control or
charge of any child who is 17 years of age or younger has violated any of
the provisions of NRS 392.040 to
392.110 , inclusive, or 392.130 to 392.160 ,
inclusive, the clerk of the board of trustees or the governing body of a
charter school in which the child is enrolled, except as otherwise
provided in NRS 392.190 , shall make and
file in the proper court a criminal complaint against the parent,
guardian or other person, charging the violation, and shall see that the
charge is prosecuted by the proper authority.
[377:32:1956]—(NRS A 1997, 1875, 2836; 1999, 490 )
In a school
district having an attendance officer, the attendance officer shall, if
directed by the board of trustees, make and file the complaint provided
for by NRS 392.180 , and shall see that
the charge is prosecuted by the proper authorities.
[378:32:1956]
Any taxpayer, school administrator, school officer or
deputy school officer in the State of Nevada may make and file in the
proper court a criminal complaint against a parent, guardian or other
person who has control or charge of any child who is 17 years of age or
younger and who violates any of the provisions of law requiring the
attendance of children in the public schools of this state.
[379:32:1956]—(NRS A 1997, 2837)
1. Except as otherwise provided in subsection 2, a parent,
guardian or other person who has control or charge of any child and to
whom notice has been given of the child’s truancy as provided in NRS
392.130 and 392.140 , and who fails to prevent the child’s
subsequent truancy within that school year, is guilty of a misdemeanor.
2. A person who is licensed pursuant to NRS 424.030 to conduct a family foster home or group
foster home is liable pursuant to subsection 1 for a child in his foster
care only if the person has received notice of the truancy of the child
as provided in NRS 392.130 and 392.140
, and negligently fails to prevent the
subsequent truancy of the child within that school year.
[380:32:1956]—(NRS A 1967, 565; 1999, 898 ; 2001 Special Session, 22 )
Any parent, guardian or other person who, with intent to
deceive under NRS 392.040 to 392.110
, inclusive, or 392.130 to 392.165 ,
inclusive:
1. Makes a false statement concerning the age or attendance at
school;
2. Presents a false birth certificate or record of attendance at
school; or
3. Refuses to furnish a suitable identifying document, record of
attendance at school or proof of change of name, upon request by a local
law enforcement agency conducting an investigation in response to
notification pursuant to subsection 4 of NRS 392.165 ,
Ê of a child under 17 years of age who is under his control or charge, is
guilty of a misdemeanor.
[371:32:1956]—(NRS A 1957, 304; 1967, 565; 1985, 2168; 1987, 213)
1. Any person who induces or attempts to induce any child to be
absent from school unlawfully, or who knowingly employs or harbors, while
school is in session, any child absent unlawfully from school, is guilty
of a misdemeanor.
2. The attendance officer or any other school officer is empowered
to visit any place or establishment where minor children are employed to
ascertain whether the provisions of this title of NRS are complied with
fully, and may demand from all employers of such children a list of
children employed, with their names and ages.
[381:32:1956]—(NRS A 1967, 565)
CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT FOR SEXUAL OFFENSE OR
SEXUALLY MOTIVATED ACT
As used in NRS 392.251 to 392.271 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 392.254 to 392.261
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1997, 426; A 2001, 2070 )
“Notification” means a
notification which indicates that a child has been adjudicated delinquent
for a sexual offense or a sexually motivated act and which is provided by
a probation officer or parole officer pursuant to NRS 62F.120 .
(Added to NRS by 1997, 426; A 2001, 2070 ; 2003, 1146 )
“Offender” means a child
identified in a notification as the child who has been adjudicated
delinquent for a sexual offense or a sexually motivated act.
(Added to NRS by 1997, 426; A 2001, 2070 )
“Sexual offense” has the
meaning ascribed to it in NRS 62F.100 .
(Added to NRS by 2001, 2070 ; A 2003, 1146 )
“Sexually
motivated act” has the meaning ascribed to it in NRS 62A.320 .
(Added to NRS by 2001, 2070 ; A 2003, 1146 )
“Victim” means a child identified
in a notification as a victim of a sexual offense or a sexually motivated
act committed by the offender.
(Added to NRS by 1997, 427; A 2001, 2070 )
1. If a superintendent of a school district receives notification
and a victim identified in the notification is a pupil in the school
district, the superintendent shall not permit an offender who is subject
to the provisions of NRS 62F.100 to
62F.150 , inclusive, to attend a
public school that a victim is attending unless:
(a) An alternative plan of supervision is approved by the court
pursuant to NRS 62F.130 ; or
(b) An alternative plan of attendance is approved by the court
pursuant to NRS 62F.140 .
2. If the court does not approve an alternative plan of
supervision or an alternative plan of attendance for the offender and the
school district in which the offender resides does not have another
public school in the district for the offender to attend, the
superintendent of the school district shall negotiate an agreement with:
(a) The superintendent of an adjoining school district within this
state for the offender to attend a public school in that adjoining school
district; or
(b) The superintendent, or another appropriate administrator, of an
adjoining school district in an adjoining state for the offender to
attend a public school in that adjoining school district.
3. The superintendent of the school district in which the offender
resides shall inform the person with whom he is negotiating that the
offender has been adjudicated delinquent for a sexual offense or a
sexually motivated act, but the superintendent shall not disclose the
name of a victim.
4. An agreement which is made pursuant to this section and which
is presented to a board of trustees for approval:
(a) Must not contain the name of a victim;
(b) Must comply with the provisions of subsections 2 and 3 of NRS
392.010 ; and
(c) Must be approved by the Superintendent of Public Instruction.
5. A board of trustees may terminate an agreement entered into
pursuant to this section if, because of a change in circumstances, the
offender is able to attend a public school in the school district in
which he resides without violating subsection 1.
(Added to NRS by 1997, 427; A 2001, 2070 ; 2003, 1146 )
If a school district incurs additional costs for transporting
an offender because he is prohibited from attending a public school that
a victim is attending, the school district is entitled to reimbursement
of all or part of those costs from the parents or guardians of the
offender to the extent ordered by the court pursuant to NRS 62F.110
. The superintendent of the school
district or the parents or guardians of the offender may petition the
court to reconsider the amount of reimbursement ordered by the court.
(Added to NRS by 1997, 427; A 2003, 1147 )
1. A superintendent of a school district who receives notification
shall not release the name of the offender or the name of a victim to
another person unless required by law or authorized by an order of the
court.
2. A person who obtains the name of the offender or the name of a
victim pursuant to law or an order of the court shall not release the
name of the offender or the name of a victim to another person unless
required by law or authorized by an order of the court.
3. A superintendent of a school district or a person who:
(a) Obtains the name of the offender or the name of a victim
pursuant to law or an order of the court; and
(b) In good faith, releases or fails to release the name of the
offender or the name of a victim,
Ê is immune from criminal or civil liability for releasing or failing to
release the name of the offender or the name of a victim unless the
superintendent or the person acted with gross negligence.
(Added to NRS by 1997, 427)
TRANSPORTATION
1. As provided in this title, the board of trustees of any school
district may furnish transportation for all resident children of school
age in the school district attending a public school, including pupils
assigned to special schools or programs pursuant to NRS 388.440 to 388.520 ,
inclusive:
(a) Who are not excused from school attendance by the provisions of
this title; and
(b) Who reside within the school district at such a distance from
the school as to make transportation necessary and desirable.
2. When the board of trustees of a school district whose
population is less than 100,000 furnishes transportation for pupils
attending public schools pursuant to subsection 1, the board may also
provide transportation for all resident children of school age in the
school district attending private schools not operated for profit, over
bus routes established for pupils attending public schools. If such
transportation is provided, the pupils attending such private schools
must be transported, if space is available, to and from the points on the
established routes nearest to the schools which they attend.
3. The board of trustees of any school district may:
(a) Establish bus routes.
(b) Make regulations governing the conduct of pupils while being
transported.
(c) For the safety of pupils being transported, govern the conduct
of drivers by making and enforcing regulations not inconsistent with
regulations of the State Board of Education or with law.
[389:32:1956]—(NRS A 1979, 1614; 1983, 774; 1993, 2161)
1. As used in this section, “vehicles” means the school buses,
station wagons, automobiles and other motor or mechanically propelled
vehicles required by the school district for the transportation of pupils.
2. The board of trustees of a school district shall use
transportation funds of the school district for:
(a) The purchase, rent, hire and use of vehicles, and for necessary
equipment, supplies and articles therefor.
(b) Necessary repairs of vehicles to keep them in safe and workable
condition.
(c) The employment and compensation of capable and reliable drivers
of vehicles and other employees necessary for the transportation of
pupils and other authorized persons.
(d) Insuring vehicles owned, rented, hired, used or operated by or
under the direction or supervision of the board of trustees. Such
insurance shall:
(1) Be of such an amount as the board of trustees may be
able to obtain and the regulations of the State Board of Education
require as sufficient to protect the board of trustees, the pupils being
transported, and their parents, guardians or legal representatives from
loss or damage resulting from acts covered by the insurance.
(2) Especially insure against loss and damage resulting from
or on account of injury or death of any pupil being transported, caused
by collision or any accident during the operation of any such vehicle.
[391:32:1956]—(NRS A 1979, 1615)
1. In addition to the purposes authorized by NRS 392.320 , a board of trustees may use transportation
funds of the school district for:
(a) Arranging and paying for transportation, in accordance with
subsection 2, by motor vehicles or otherwise, by contract or such other
arrangement as the board of trustees finds most economical, expedient and
feasible and for the best interests of the school district.
(b) Purchasing tickets at reduced rates for the transportation of
pupils, including, without limitation, homeless pupils, on public buses
for use by pupils enrolled in middle school, junior high school and high
school to travel to and from school.
2. Transportation may be arranged and contracted for by a board of
trustees with:
(a) Any railroad company holding a certificate of public
convenience and necessity issued by the Public Utilities Commission of
Nevada or bus company or other licensed common carrier holding a
certificate of public convenience and necessity issued by the
Transportation Services Authority.
(b) The owners and operators of private automobiles or other
private motor vehicles, including parents of pupils who attend school and
are entitled to transportation. When required by the board of trustees,
every such private automobile or other private motor vehicle regularly
transporting pupils must be insured in the amount required by regulation
of the State Board against the loss and damage described in subsection 2
of NRS 392.320 .
[392:32:1956]—(NRS A 1979, 1615; 1997, 1993, 2489; 1999, 90 , 565 )
Nothing in this chapter admits or assumes any tort liability to any
pupil or the parent or guardian thereof for injury or death resulting
from transportation furnished such pupil by the board of trustees of a
school district, unless such liability is specifically assumed by law.
[393:32:1956]—(NRS A 1979, 1615)
1. Except as otherwise provided in NRS 392.268 , if the daily transportation of a pupil is not
practical or economical, the board of trustees, in lieu of furnishing
transportation, may pay to the parents or guardian of the pupil an amount
of money not to exceed $10 per day of attendance at school to assist the
parents or guardian in defraying the cost of board, lodging and other
subsistence expenses of the pupil to attend a public school in a city or
town in this State or in an adjoining state. If the public school is in
an adjoining county or state, costs for tuition and subsistence must be
fixed by agreement between the boards of trustees of the school district
in which the pupil resides and the school district in which the pupil
attends school.
2. Payment of money in lieu of furnishing transportation may be
made only if:
(a) The guardian or parents have been residents in the area for a
period set by the board of trustees; and
(b) The Superintendent of Public Instruction determines that the
arrangements comply with regulations of the State Board.
[394:32:1956]—(NRS A 1959, 699, 808; 1961, 40; 1965, 100; 1975,
499; 1979, 1616; 1987, 183; 1997, 428)
1. A board of trustees of a school district may permit school
buses or vehicles belonging to the school district to be used for the
transportation of public school pupils to and from:
(a) Interscholastic contests;
(b) School festivals; or
(c) Other activities properly a part of a school program.
2. In addition to the use of school buses and vehicles authorized
pursuant to subsection 1, the board of trustees of a school district may
permit school buses and vehicles belonging to the school district to be
used for the transportation of children to and from:
(a) Programs for the supervision of children before and after
school; and
(b) Other programs or activities that the board of trustees deems
appropriate,
Ê regardless of whether such programs or activities are part of a school
program.
3. The use of school buses or vehicles belonging to the school
district for the purposes enumerated in subsections 1 and 2 is governed
by regulations made by the board of trustees, which must not conflict
with regulations of the State Board. Proper supervision for each vehicle
so used must be furnished by school authorities, and each school bus must
be operated by a driver qualified under the provisions of NRS 392.300
to 392.410 , inclusive.
4. A driver shall not operate a vehicle for the purposes
enumerated in subsections 1 and 2 for more than 10 hours in a 15-hour
period. The time spent operating, inspecting, loading, unloading,
repairing and servicing the vehicle and waiting for passengers must be
included in determining the 15-hour period. After 10 hours of operating a
vehicle, the driver must rest for 10 hours before he again operates a
vehicle for such purposes.
5. Before January 1, 1984, the State Board shall adopt regulations
to carry out the provisions of subsection 4.
[395:32:1956]—(NRS A 1983, 772; 1999, 3458 )
1. At least twice each school year, a school district shall
require all the pupils in the school district who ride a school bus to
practice the evacuation of a school bus for a purpose other than a crisis
governed by NRS 392.600 to 392.656
, inclusive, and to receive instruction
in the responsibility of a passenger of a school bus to use the emergency
exit doors on the bus during such an evacuation.
2. Each school district shall adopt a safety program which does
not concern a crisis governed by NRS 392.600 to 392.656 ,
inclusive, and which includes, without limitation:
(a) The procedure for pupils to safely enter and exit a school bus,
including entering and exiting with a driver of a school bus as an escort;
(b) Proper behavior and conduct of pupils while in areas around a
school bus where a high risk of danger to pupils exists, including the
area that is used to load and unload school buses;
(c) Behavior and conduct of pupils while on a school bus that will
enhance the safety of the pupils;
(d) Evacuation of pupils from a school bus; and
(e) The location of emergency equipment on a school bus.
Ê At least annually, a school district shall require all pupils who are
enrolled in preschool, kindergarten and in grades 1 to 4, inclusive, in
the school district who ride a school bus to participate in the safety
program created pursuant to this section.
3. If a parent or legal guardian enrolls his child in preschool,
kindergarten or grades 1 to 6, inclusive, and the child will be riding a
school bus for the first time, the school shall provide the parent or
legal guardian, upon enrollment, with written information concerning the
safety of pupils on a school bus. The information must include, without
limitation:
(a) A description of each location that is designated to load and
unload a school bus which is in geographical proximity to the pupil’s
residence;
(b) Rules of conduct for pupils on a school bus and at an area that
is designated for pupils to enter and exit a school bus;
(c) Instructions for the operation of a motor vehicle:
(1) At school crossing zones and in areas that are
designated to load and unload a school bus; and
(2) When a driver of a school bus operates a system of
flashing red lights;
(d) A description of the area around a school bus that poses a high
risk of danger to pupils and other pedestrians; and
(e) Behavior and conduct for pupils who walk to and from an area
that is designated for pupils to enter and exit a school bus that will
enhance the safety of the pupils.
4. The board of trustees of each school district shall adopt
regulations regarding practices conducted pursuant to subsection 1 and
participation in safety programs required by subsection 2, including the
requirement of such practices and participation in such programs at the
beginning of any field trip by school bus.
(Added to NRS by 1983, 772; A 1997, 1317; 2001, 1328 )
1. No person may be employed by a board of trustees of a school
district as a driver of a school bus, station wagon, automobile or other
motor vehicle, or mechanically or self-propelled vehicle of any kind
which transports pupils to and from school or any other place in
connection with school activities unless:
(a) He is of good, reputable and sober character.
(b) He is competent and qualified by experience and disposition to
operate the particular type of vehicle in a safe and dependable manner.
(c) He is licensed under the laws of this State to operate the
particular type of vehicle.
2. Each driver of a school bus or a bus used to transport pupils
for extracurricular activities must complete a training course approved
by the State Board of Education which includes at least 10 hours of
training while operating the vehicle, and 10 hours of training in:
(a) The responsibilities of drivers;
(b) The requirements for drivers of school vehicles;
(c) The laws affecting the operation of a school bus or a vehicle
belonging to a school district;
(d) Defensive driving;
(e) Emergency procedures; and
(f) First aid.
3. Each driver must pass a written test each year approved by the
Superintendent of Public Instruction and administered by the local school
district.
4. A board of trustees may employ a pupil attending a school under
the supervision of the board as a driver when he possesses the
qualifications stated in subsection 1 and his guardian or parents first
consent to his employment. The board of trustees may arrange or contract,
in writing, with the pupil, and with his parents or guardian if he is
under the age of 18 years, for his services as a driver upon such terms,
conditions and provisions and for such compensation as the board deems
most economical and for the best interests of the school district, pupils
and other persons.
5. Before January 1, 1984, the State Board of Education shall
adopt regulations to carry out the provisions of this section.
[397:32:1956]—(NRS A 1979, 1616; 1983, 773)
1. All vehicles used in the transportation of pupils must be:
(a) In good condition and state of repair.
(b) Well equipped, and must contain sufficient room and seats so
that the driver and each pupil being transported have a seat inside the
vehicle. Each pupil shall remain seated when the vehicle is in motion.
(c) Inspected semiannually by the Department of Public Safety to
ensure that the vehicles are mechanically safe and meet the minimum
specifications established by the State Board. The Department of Public
Safety shall make written recommendations to the superintendent of
schools of the school district wherein any such vehicle is operating for
the correction of any defects discovered thereby.
2. If the superintendent of schools fails or refuses to take
appropriate action to have the defects corrected within 10 days after
receiving notice of them from the Department of Public Safety, he is
guilty of a misdemeanor, and upon conviction thereof may be removed from
office.
3. Except as otherwise provided in subsection 4, all vehicles used
for transporting pupils must meet the specifications established by
regulation of the State Board.
4. Any bus which is purchased and used by a school district to
transport pupils to and from extracurricular activities is exempt from
the specifications adopted by the State Board if the bus meets the
federal safety standards for motor vehicles which were applicable at the
time the bus was manufactured and delivered for introduction in
interstate commerce.
5. Any person violating any of the requirements of this section is
guilty of a misdemeanor.
[400:32:1956]—(NRS A 1957, 629, 737; 1961, 302; 1971, 152, 339;
1973, 395; 1979, 1468; 1981, 991; 1985, 1988; 2001, 2603 )
1. Except as otherwise provided in this subsection, every school
bus operated for the transportation of pupils to or from school must be
equipped with:
(a) A system of flashing red lights of a type approved by the State
Board and installed at the expense of the school district or operator.
Except as otherwise provided in subsection 2, the driver shall operate
this signal:
(1) When the bus is stopped to unload pupils.
(2) When the bus is stopped to load pupils.
(3) In times of emergency or accident, when appropriate.
(b) A mechanical device, attached to the front of the bus which,
when extended, causes persons to walk around the device. The device must
be approved by the State Board and installed at the expense of the school
district or operator. The driver shall operate the device when the bus is
stopped to load or unload pupils. The installation of such a mechanical
device is not required for a school bus which is used solely to transport
pupils with special needs who are individually loaded and unloaded in a
manner which does not require them to walk in front of the bus. The
provisions of this paragraph do not prohibit a school district from
upgrading or replacing such a mechanical device with a more efficient and
effective device that is approved by the State Board.
2. A driver may stop to load and unload pupils in a designated
area without operating the system of flashing red lights required by
subsection 1 if the designated area:
(a) Has been designated by a school district and approved by the
Department;
(b) Is of sufficient depth and length to provide space for the bus
to park at least 8 feet off the traveled portion of the roadway;
(c) Is not within an intersection of roadways;
(d) Contains ample space between the exit door of the bus and the
parking area to allow safe exit from the bus;
(e) Is located so as to allow the bus to reenter the traffic from
its parked position without creating a traffic hazard; and
(f) Is located so as to allow pupils to enter and exit the bus
without crossing the roadway.
3. In addition to the equipment required by subsection 1 and
except as otherwise provided in subsection 4 of NRS 392.400 , each school bus must be equipped and
identified as required by the regulations of the State Board.
4. The agents and employees of the Department of Motor Vehicles
shall inspect school buses to determine whether the provisions of this
section concerning equipment and identification of the school buses have
been complied with, and shall report any violations discovered to the
superintendent of schools of the school district wherein the vehicles are
operating.
5. If the superintendent of schools fails or refuses to take
appropriate action to correct any such violation within 10 days after
receiving notice of it from the Department of Motor Vehicles, he is
guilty of a misdemeanor, and upon conviction must be removed from office.
6. Any person who violates any of the provisions of this section
is guilty of a misdemeanor.
[401:32:1956]—(NRS A 1957, 629, 737; 1961, 302; 1967, 566; 1971,
340; 1973, 1296; 1981, 992; 1985, 1989; 1991, 275; 1993, 169; 2001, 2603
)
HEALTH AND SAFETY; PARENTAL INVOLVEMENT; SCHOOL UNIFORMS
1. In each school at which he is responsible for providing nursing
services, a school nurse shall plan for and carry out, or supervise
qualified health personnel in carrying out, a separate and careful
observation and examination of every child who is regularly enrolled in a
grade specified by the board of trustees or superintendent of schools of
the school district to determine whether the child has scoliosis, any
visual or auditory problem, or any gross physical defect. The grades in
which the observations and examinations must be carried out are as
follows:
(a) For visual and auditory problems, in at least two grades of the
elementary schools, one grade of the middle or junior high schools, and
one grade of the high schools; and
(b) For scoliosis, in at least one grade of schools below the high
schools.
Ê Any person other than a school nurse who performs an observation or
examination pursuant to this subsection must be trained by a school nurse
to conduct the observation or examination.
2. If any child is attending school in a grade above one of the
specified grades and has not previously received such an observation and
examination, he must be included in the current schedule for observation
and examination. Any child who is newly enrolled in the district must be
examined for any medical condition for which children in a lower grade
are examined.
3. A special examination for a possible visual or auditory problem
must be provided for any child who:
(a) Is enrolled in a special program;
(b) Is repeating a grade;
(c) Has failed an examination for a visual or auditory problem
during the previous school year; or
(d) Shows in any other way that he may have such a problem.
4. The school authorities shall notify the parents or guardian of
any child who is found or believed to have a visual or auditory problem,
scoliosis or any gross physical defect, and shall recommend that
appropriate medical attention be secured to correct it.
5. In any school district in which state, county or district
public health services are available or conveniently obtainable, those
services may be used to meet the responsibilities assigned under the
provisions of this section. The board of trustees of the school district
may employ qualified personnel to perform them. Any nursing services
provided by such qualified personnel must be performed in compliance with
chapter 632 of NRS.
6. Any child must be exempted from the examination if his parents
or guardian filed with the teacher a written statement objecting to the
examination.
[402:32:1956]—(NRS A 1973, 225; 1981, 841; 1991, 1698; 2001, 541
)
1. The parent or legal guardian of a pupil who has asthma or
anaphylaxis may submit a written request to the principal or, if
applicable, the school nurse of the public school in which the pupil is
enrolled to allow the pupil to self-administer medication for the
treatment of the pupil’s asthma or anaphylaxis while the pupil is on the
grounds of a public school, participating in an activity sponsored by a
public school or on a school bus.
2. A written request made pursuant to subsection 1 must include:
(a) A signed statement of a physician indicating that the pupil has
asthma or anaphylaxis and is capable of self-administration of the
medication while the pupil is on the grounds of a public school,
participating in an activity sponsored by a public school or on a school
bus;
(b) A written treatment plan prepared by the physician pursuant to
which the pupil will manage his asthma or anaphylaxis if the pupil
experiences an asthmatic attack or anaphylactic shock while on the
grounds of a public school, participating in an activity sponsored by a
public school or on a school bus;
(c) A signed statement of the parent or legal guardian:
(1) Indicating that the parent or legal guardian grants
permission for the pupil to self-administer the medication while the
pupil is on the grounds of a public school, participating in an activity
sponsored by a public school or on a school bus; and
(2) Acknowledging that the parent or legal guardian is aware
of and understands the provisions of subsections 3 and 4.
3. The provisions of this section do not create a duty for the
board of trustees of the school district, the school district, the public
school in which the pupil is enrolled, or an employee or agent thereof,
that is in addition to those duties otherwise required in the course of
service or employment.
4. If a pupil is granted authorization pursuant to this section to
self-administer medication, the board of trustees of the school district,
the school district and the public school in which the pupil is enrolled,
and any employee or agent thereof, are immune from liability for the
injury to or death of the pupil as a result of self-administration of a
medication pursuant to this section or the failure of the pupil to
self-administer such a medication.
5. Upon receipt of a request that complies with subsection 2, the
principal or, if applicable, the school nurse of the public school in
which a pupil is enrolled shall provide written authorization for the
pupil to carry and self-administer medication to treat his asthma or
anaphylaxis while the pupil is on the grounds of a public school,
participating in an activity sponsored by a public school or on a school
bus. The written authorization must be filed with the principal or, if
applicable, the school nurse of the public school in which the pupil is
enrolled and must include:
(a) The name and purpose of the medication which the pupil is
authorized to self-administer;
(b) The prescribed dosage and the duration of the prescription;
(c) The times or circumstances, or both, during which the
medication is required or recommended for self-administration;
(d) The side effects that may occur from an administration of the
medication; and
(e) The name and telephone number of the pupil’s physician and the
name and telephone number of the person to contact in the case of a
medical emergency concerning the pupil.
6. The written authorization provided pursuant to subsection 5 is
valid for 1 school year. If a parent or legal guardian submits a written
request that complies with subsection 2, the principal or, if applicable,
the school nurse of the public school in which the pupil is enrolled
shall renew and, if necessary, revise the written authorization.
7. If a parent or legal guardian of a pupil who is authorized
pursuant to this section to carry medication on his person provides to
the principal or, if applicable, the school nurse of the public school in
which the pupil is enrolled doses of the medication in addition to the
dosage that the pupil carries on his person, the principal or, if
applicable, the school nurse shall ensure that the additional medication
is:
(a) Stored on the premises of the public school in a location that
is secure; and
(b) Readily available if the pupil experiences an asthmatic attack
or anaphylactic shock during school hours.
8. As used in this section:
(a) “Medication” means any medicine prescribed by a physician for
the treatment of anaphylaxis or asthma, including, without limitation,
asthma inhalers and auto-injectable epinephrine.
(b) “Physician” means a person who is licensed to practice medicine
pursuant to chapter 630 of NRS or osteopathic
medicine pursuant to chapter 633 of NRS.
(c) “Self-administer” means the auto-administration of a medication
pursuant to the prescription for the medication or written directions for
such a medication.
(Added to NRS by 2005, 85 )
1. Except as otherwise provided in subsection 2, the board of
trustees of a school district may:
(a) Adopt and enforce regulations that are necessary for sanitation
in the public schools and for the prevention of the spread of contagious
and infectious diseases therein.
(b) Spend money available in the school district to enforce the
regulations among indigent children.
2. The governing body of a charter school may:
(a) Adopt and enforce rules that are necessary for sanitation in
the charter school and for the prevention of contagious and infectious
diseases; and
(b) Spend money to enforce the rules among indigent children.
[403:32:1956]—(NRS A 1997, 1875)
1. Unless excused because of religious belief or medical
condition, a child may not be enrolled in a public school within this
State unless his parents or guardian submit to the board of trustees of
the school district in which the child resides or the governing body of
the charter school in which the child has been accepted for enrollment a
certificate stating that the child has been immunized and has received
proper boosters for that immunization or is complying with the schedules
established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the State
Board of Health may determine.
2. The certificate must show that the required vaccines and
boosters were given and must bear the signature of a licensed physician
or his designee or a registered nurse or his designee, attesting that the
certificate accurately reflects the child’s record of immunization.
3. If the requirements of subsection 1 can be met with one visit
to a physician or clinic, procedures for conditional enrollment do not
apply.
4. A child may enter school conditionally if the parent or
guardian submits a certificate from a physician or local health officer
that the child is receiving the required immunizations. If a certificate
from the physician or local health officer showing that the child has
been fully immunized is not submitted to the appropriate school officers
within 90 school days, or its equivalent in a school district operating
under an alternative schedule authorized pursuant to NRS 388.090 , after the child was conditionally admitted,
the child must be excluded from school and may not be readmitted until
the requirements for immunization have been met. A child who is excluded
from school pursuant to this section is a neglected child for the
purposes of NRS 432.0999 to 432.130
, inclusive, and chapter 432B of NRS.
5. Before December 31 of each year, each school district and the
governing body of each charter school shall report to the Health Division
of the Department of Health and Human Services, on a form furnished by
the Division, the exact number of pupils who have completed the
immunizations required by this section.
6. The certificate of immunization must be included in the pupil’s
academic or cumulative record and transferred as part of that record upon
request.
(Added to NRS by 1971, 1040; A 1973, 267; 1975, 1324; 1979, 314;
1985, 1400; 1987, 1334; 1995, 807; 1997, 1876; 2003, 3218 )
A public school shall not refuse to enroll a child as
a pupil because the child has not been immunized pursuant to NRS 392.435
if the parents or guardian of the child
has submitted to the board of trustees of the school district or the
governing body of a charter school in which the child has been accepted
for enrollment a written statement indicating that their religious belief
prohibits immunization of such child or ward.
(Added to NRS by 1971, 1040; A 1997, 1876)
If the medical condition of a child will not permit
him to be immunized to the extent required by NRS 392.435 and a written statement of this fact is signed
by a licensed physician and by the parents or guardian of the child, the
board of trustees of the school district or governing body of the charter
school in which the child has been accepted for enrollment shall exempt
the child from all or part of the provisions of NRS 392.435 , as the case may be, for enrollment purposes.
(Added to NRS by 1971, 1040; A 1997, 1877)
If, after a
child has been enrolled in a public school and before registration for
any subsequent school year additional immunization requirements are
provided by law, the child’s parents or guardian shall submit an
additional certificate or certificates to the board of trustees or the
governing body of the charter school in which the child is enrolled
stating that the child has met the new immunization requirements.
(Added to NRS by 1971, 1041; A 1997, 1877)
Whenever the
State Board of Health or a local board of health determines that there is
a dangerous contagious disease in a public school attended by a child for
whom exemption from immunization is claimed pursuant to the provisions of
NRS 392.437 or 392.439 , the board of trustees of the school district
or the governing body of the charter school in which the child is
enrolled shall require either:
1. That the child be immunized; or
2. That he remain outside the school environment and the local
health officer be notified.
(Added to NRS by 1979, 314; A 1997, 1877)
Any parent or guardian who
refuses to remove his child from the public school in which he is
enrolled when retention in school is prohibited under the provisions of
NRS 392.435 , 392.443 or 392.446
is guilty of a misdemeanor.
(Added to NRS by 1979, 314)
1. The board of trustees of each school district and the governing
body of each charter school shall provide drills for the pupils in the
schools in the school district or the charter schools at least once each
month during the school year to instruct those pupils in the appropriate
procedures to be followed in the event of a fire or other emergency,
except a crisis governed by NRS 392.600
to 392.656 , inclusive. Not more than
three of those drills may include instruction in the appropriate
procedures to be followed in the event of a chemical explosion, related
emergencies and other natural disasters.
2. In all cities or towns which have regularly organized, paid
fire departments or voluntary fire departments, the drills required by
subsection 1 must be conducted under the supervision of the:
(a) Person designated for this purpose by the board of trustees of
the school district or the governing body of a charter school; and
(b) Chief of the fire department of the city or town.
3. A diagram of the approved escape route and any other
information related to the drills required by subsection 1 which is
approved by the chief of the fire department or, if there is no fire
department, the State Fire Marshal must be kept posted in every classroom
of every public school by the principal or teacher in charge thereof.
4. The principal, teacher or other person in charge of each school
building shall cause the provisions of this section to be enforced.
5. Any violation of the provisions of this section is a
misdemeanor.
[405:32:1956]—(NRS A 1971, 152; 1993, 112; 1997, 1877; 2001, 1329
)
1. If a school district or a charter school has established a
program in career and technical education, the teachers and pupils in
classes provided pursuant to the program must wear devices provided by
the school district or the charter school which are designed to protect
their eyes while they are using power tools, torches or other dangerous
equipment or machinery.
2. The teachers and pupils in classes in science must wear devices
provided by the school district which are designed to protect their eyes
when chemicals or toxic substances are used in those classes.
(Added to NRS by 1989, 185; A 1997, 1878; 2005, 1052 )
1. The State Board 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,
adopt a policy to encourage effective involvement by parents and families
in support of their children and the education of their children. The
policy adopted by the State Board must be considered when the Board:
(a) Consults with the boards of trustees of school districts in the
adoption of policies pursuant to subsection 3; and
(b) Interacts with school districts, public schools, educational
personnel, parents and legal guardians of pupils, and members of the
general public in carrying out its duties pursuant to this title.
2. The policy adopted by the State Board pursuant to subsection 1
must include the following elements and goals:
(a) Promotion of regular, two-way, meaningful communication between
home and school.
(b) Promotion and support of responsible parenting.
(c) Recognition of the fact that parents and families play an
integral role in assisting their children to learn.
(d) Promotion of a safe and open atmosphere for parents and
families to visit the school that their children attend and active
solicitation of parental and familial support and assistance for school
programs.
(e) Inclusion of parents as full partners in decisions affecting
their children and families.
(f) Availability of community resources to strengthen and promote
school programs, family practices and the achievement of pupils.
3. The board of trustees of each school district shall, in
consultation with the State Board, educational personnel, local
associations and organizations of parents whose children are enrolled in
public schools of the school district and individual parents and legal
guardians whose children are enrolled in public schools of the school
district, adopt policies to encourage effective involvement by parents
and families in support of their children and the education of their
children. The policies adopted pursuant to this subsection must:
(a) Be consistent, to the extent applicable, with the policy
adopted by the State Board pursuant to subsection 1;
(b) Include the elements and goals specified in subsection 2; and
(c) Comply with the parental involvement policy required by the
federal No Child Left Behind Act of 2001, as set forth in 20 U.S.C. §
6318.
4. The State Board and the board of trustees of each school
district shall, at least once each year, review and amend their
respective policies as necessary.
(Added to NRS by 2001, 978 ; A 2003, 19th Special Session, 79 )
1. The Department shall prescribe a form for educational
involvement accords to be used by all public schools in this State. The
educational involvement accord must comply with the parental involvement
policy:
(a) Required by the federal No Child Left Behind Act of 2001, as
set forth in 20 U.S.C. § 6318.
(b) Adopted by the State Board pursuant to NRS 392.457 .
2. Each educational involvement accord must include, without
limitation:
(a) A description of how the parent or legal guardian will be
involved in the education of the pupil, including, without limitation:
(1) Reading to the pupil, as applicable for the grade or
reading level of the pupil;
(2) Reviewing and checking the pupil’s homework; and
(3) Contributing 5 hours of time each school year,
including, without limitation, by attending school-related activities,
parent-teacher association meetings, parent-teacher conferences,
volunteering at the school and chaperoning school-sponsored activities.
(b) The responsibilities of a pupil in a public school, including,
without limitation:
(1) Reading each day before or after school, as applicable
for the grade or reading level of the pupil;
(2) Using all school equipment and property appropriately
and safely;
(3) Following the directions of any adult member of the
staff of the school;
(4) Completing and submitting homework in a timely manner;
and
(5) Respecting himself, others and all property.
(c) The responsibilities of a public school and the administrators,
teachers and other personnel employed at a school, including, without
limitation:
(1) Ensuring that each pupil is provided proper instruction,
supervision and interaction;
(2) Maximizing the educational and social experience of each
pupil;
(3) Carrying out the professional responsibility of
educators to seek the best interest of each pupil; and
(4) Making staff available to the parents and legal
guardians of pupils to discuss the concerns of parents and legal
guardians regarding the pupils.
3. Each educational involvement accord must be accompanied by,
without limitation:
(a) Information describing how the parent or legal guardian may
contact the pupil’s teacher and the principal of the school in which the
pupil is enrolled;
(b) The curriculum of the course or standards for the grade in
which the pupil is enrolled, as applicable, including, without
limitation, a calendar that indicates the dates of major examinations and
the due dates of significant projects, if those dates are known by the
teacher at the time that the information is distributed;
(c) The homework and grading policies of the pupil’s teacher or
school;
(d) Directions for finding resource materials for the course or
grade in which the pupil is enrolled, as applicable;
(e) Suggestions for parents and legal guardians to assist pupils in
their schoolwork at home;
(f) The dates of scheduled conferences between teachers or
administrators and the parents or legal guardians of the pupil;
(g) The manner in which reports of the pupil’s progress will be
delivered to the parent or legal guardian and how a parent or legal
guardian may request a report of progress;
(h) The classroom rules and policies;
(i) The dress code of the school, if any;
(j) The availability of assistance to parents who have limited
proficiency in the English language;
(k) Information describing the availability of free and
reduced-price meals, including, without limitation, information regarding
school breakfast, school lunch and summer meal programs;
(l) Opportunities for parents and legal guardians to become
involved in the education of their children and to volunteer for the
school or class; and
(m) The code of honor relating to cheating prescribed pursuant to
NRS 392.461 .
4. The board of trustees of each school district shall adopt a
policy providing for the development and distribution of the educational
involvement accord. The policy adopted by a board of trustees must
require each classroom teacher to:
(a) Distribute the educational involvement accord to the parent or
legal guardian of each pupil in his class at the beginning of each school
year or upon a pupil’s enrollment in the class, as applicable; and
(b) Provide the parent or legal guardian with a reasonable
opportunity to sign the educational involvement accord.
5. Except as otherwise provided in this subsection, the board of
trustees of each school district shall ensure that the form prescribed by
the Department is used for the educational involvement accord of each
public school in the school district. The board of trustees of a school
district may authorize the use of 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.
6. The Department and the board of trustees of each school
district shall, at least once each year, review and amend their
respective educational involvement accords.
(Added to NRS by 2005, 1659 )
1. The board of trustees of a school district may, in consultation
with the schools within the district, parents and legal guardians of
pupils who are enrolled in the district, and associations and
organizations representing licensed educational personnel within the
district, establish a policy that requires pupils to wear school uniforms.
2. The policy must:
(a) Describe the uniforms;
(b) Designate which pupils must wear the uniforms; and
(c) Designate the hours or events during which the uniforms must be
worn.
3. If the board of trustees of a school district establishes a
policy that requires pupils to wear school uniforms, the board shall
facilitate the acquisition of school uniforms for pupils whose parents or
legal guardians request financial assistance to purchase the uniforms.
4. The board of trustees of a school district may establish a
dress code enforceable during school hours for the teachers and other
personnel employed by the board of trustees.
(Added to NRS by 1997, 2488)
BEHAVIOR AND DISCIPLINE
General Provisions
1. The Department shall prescribe by regulation a written policy
that establishes a code of honor for pupils relating to cheating on
examinations and course work. The policy must be developed in
consultation with the boards of trustees of school districts, the
governing bodies of charter schools, educational personnel employed by
school districts and charter schools, and local associations and
organizations of parents whose children are enrolled in public schools
throughout this State.
2. The policy must include, without limitation, a definition of
cheating that clearly and concisely informs pupils which acts constitute
cheating for purposes of the code of honor.
3. On or before July 1 of each year, the Department shall:
(a) Provide a copy of the code of honor to the board of trustees of
each school district and the governing body of each charter school.
(b) Review and amend the code of honor as necessary.
4. Copies of the code of honor must be made available for
inspection at each public school located within a school district,
including, without limitation, each charter school, in an area on the
grounds of the school that is open to the public.
(Added to NRS by 2005, 1661 )
1. Each school district shall adopt a plan to ensure that the
public schools within the school district are safe and free of controlled
substances. The plan must comply with the Safe and Drug-Free Schools and
Communities Act, 20 U.S.C. §§ 7101 et seq.
2. Each school district shall prescribe written rules of behavior
required of and prohibited for pupils attending school within their
district and shall prescribe appropriate punishments for violations of
the rules. If suspension or expulsion is used as a punishment for a
violation of the rules, the school district shall follow the procedures
in NRS 392.467 .
3. A copy of the plan adopted pursuant to subsection 1 and the
rules of behavior, prescribed punishments and procedures to be followed
in imposing punishments prescribed pursuant to subsection 2 must be
distributed to each pupil at the beginning of the school year and to each
new pupil who enters school during the year. Copies must also be made
available for inspection at each school located in that district in an
area on the grounds of the school which is open to the public.
(Added to NRS by 1985, 350; A 2003, 19th Special Session, 80 )
1. Corporal punishment may not be administered upon a pupil in any
public school.
2. Subsection 1 does not prohibit any teacher, principal or other
licensed person from defending himself if attacked by a pupil.
3. As used in this section, “corporal punishment” means the
intentional infliction of physical pain upon or the physical restraint of
a pupil for disciplinary purposes. The term does not include the use of
reasonable and necessary force:
(a) To quell a disturbance that threatens physical injury to any
person or the destruction of property;
(b) To obtain possession of a weapon or other dangerous object
within a pupil’s control;
(c) For the purpose of self-defense or the defense of another
person; or
(d) To escort a disruptive pupil who refuses to go voluntarily with
the proper authorities.
(Added to NRS by 1960, 60; A 1979, 1616; 1987, 1013; 1993,
2622)—(Substituted in revision for NRS 392.465)
1. The board of trustees of each school district may establish a
policy that prohibits the activities of criminal gangs on school
property. The policy may prohibit:
(a) A pupil from wearing any clothing or carrying any symbol on
school property that denotes membership in or an affiliation with a
criminal gang; and
(b) Any activity that encourages participation in a criminal gang
or facilitates illegal acts of a criminal gang.
2. Each policy that prohibits the activities of criminal gangs on
school property may provide for the suspension or expulsion of pupils who
violate the policy.
3. As used in this section, “criminal gang” has the meaning
ascribed to it in NRS 213.1263 .
(Added to NRS by 1995, 1426)
1. The board of trustees of each school district shall adopt a
policy concerning the use and possession by pupils of a pager, cellular
telephone or any other similar electronic device used for communication
while on the premises of a public school or while at an activity
sponsored by a public school.
2. The policy adopted pursuant to subsection 1 must:
(a) Prescribe appropriate measures for disciplining a pupil who
violates the policy.
(b) Be included 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 2003, 493 )
1. The board of trustees of each school district shall adopt and
enforce measures for disciplining any pupil who is found in possession of
an alcoholic beverage or a controlled substance, while on the premises of
any public school in its district.
2. As used in this section, “alcoholic beverage” has the meaning
ascribed to it in NRS 202.015 .
(Added to NRS by 1985, 1649; A 1987, 482, 1550, 1576)
Temporary Alternative Placement
As used in NRS 392.4642 to 392.4648 , inclusive, unless the context otherwise
requires, “principal” means the principal of a school or his designee.
(Added to NRS by 1999, 3185 )
An
action must not be taken pursuant to the provisions of NRS 392.4642
to 392.4648 , inclusive, against a pupil with a disability
who is participating in a program of special education pursuant to NRS
388.440 to 388.520 , inclusive, unless the action complies with:
1. The Individuals with Disabilities Education Act, 20 U.S.C. §§
1400 et seq.;
2. The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101
et seq.;
3. Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et
seq.;
4. Any other federal law applicable to children with disabilities;
and
5. The procedural policy adopted by the board of trustees of the
school district for such matters.
(Added to NRS by 1999, 3188 )
1. The principal of each public school shall establish a plan to
provide for the progressive discipline of pupils and on-site review of
disciplinary decisions. The plan must:
(a) Be developed with the input and participation of teachers and
other educational personnel and support personnel who are employed at the
school, and the parents and guardians of pupils who are enrolled in the
school.
(b) Be consistent with the written rules of behavior prescribed in
accordance with NRS 392.463 .
(c) Include, without limitation, provisions designed to address the
specific disciplinary needs and concerns of the school.
(d) Provide for the temporary removal of a pupil from a classroom
in accordance with NRS 392.4645 .
2. On or before October 1 of each year, the principal of each
public school shall:
(a) Review the plan in consultation with the teachers and other
educational personnel and support personnel who are employed at the
school;
(b) Based upon the review, make revisions to the plan, as
recommended by the teachers and other educational personnel and support
personnel, if necessary; and
(c) Post a copy of the plan or the revised plan, as applicable, in
a prominent place at the school for public inspection and otherwise make
the plan available for public inspection at the administrative office of
the school.
3. On or before October 1 of each year, the principal of each
public school shall submit a copy of the plan established pursuant to
subsection 1 or a revised plan, if applicable, to the superintendent of
schools of the school district. On or before November 1 of each year, the
superintendent of schools of each school district shall submit a report
to the board of trustees of the school district that includes:
(a) A compilation of the plans submitted pursuant to this
subsection by each school within the school district.
(b) The name of each principal, if any, who has not complied with
the requirements of this section.
4. On or before November 30 of each year, the board of trustees of
each school district shall submit a written report to the Superintendent
of Public Instruction based upon the compilation submitted pursuant to
subsection 3 that reports the progress of each school within the district
in complying with the requirements of this section.
5. On or before December 31 of each year, the Superintendent of
Public Instruction shall submit a written report to the Director of the
Legislative Counsel Bureau concerning the progress of the schools and
school districts throughout this state in complying with this section. If
the report is submitted during:
(a) An even-numbered year, the Director of the Legislative Counsel
Bureau shall transmit it to the next regular session of the Legislature.
(b) An odd-numbered year, the Director of the Legislative Counsel
Bureau shall transmit it to the Legislative Committee on Education.
(Added to NRS by 1999, 3185 ; A 2003, 3382 )
1. The plan established pursuant to NRS 392.4644 must provide for the temporary removal of a
pupil from a classroom if, in the judgment of the teacher, the pupil has
engaged in behavior that seriously interferes with the ability of the
teacher to teach the other pupils in the classroom and with the ability
of the other pupils to learn. The plan must provide that, upon the
removal of a pupil from a classroom pursuant to this section, the
principal of the school shall provide an explanation of the reason for
the removal of the pupil to the pupil and offer the pupil an opportunity
to respond to the explanation. Within 24 hours after the removal of a
pupil pursuant to this section, the principal of the school shall notify
the parent or legal guardian of the pupil of the removal.
2. Except as otherwise provided in subsection 3, a pupil who is
removed from a classroom pursuant to this section must be assigned to a
temporary alternative placement pursuant to which the pupil:
(a) Is separated, to the extent practicable, from pupils who are
not assigned to a temporary alternative placement;
(b) Studies under the supervision of appropriate personnel of the
school district; and
(c) Is prohibited from engaging in any extracurricular activity
sponsored by the school.
3. The principal shall not assign a pupil to a temporary
alternative placement if the suspension or expulsion of a pupil who is
removed from the classroom pursuant to this section is:
(a) Required by NRS 392.466 ; or
(b) Authorized by NRS 392.467 and
the principal decides to proceed in accordance with that section.
Ê If the principal proceeds in accordance with NRS 392.466 or 392.467 ,
the pupil must be removed from school in accordance with those sections
and the provisions of NRS 392.4642 to
392.4648 , inclusive, do not apply to
the pupil.
(Added to NRS by 1999, 3185 )
1. Except as otherwise provided in this section, not later than 3
school days after a pupil is removed from a classroom pursuant to NRS
392.4645 , a conference must be held
with:
(a) The pupil;
(b) A parent or legal guardian of the pupil;
(c) The principal of the school; and
(d) The teacher who removed the pupil.
Ê The principal shall give an oral or written notice of the conference,
as appropriate, to each person who is required to participate.
2. After receipt of the notice required pursuant to subsection 1,
the parent or legal guardian of the pupil may, not later than 3 school
days after the removal of the pupil, request that the date of the
conference be postponed. The principal shall accommodate such a request.
If the date of the conference is postponed pursuant to this subsection,
the principal shall send written notice to the parent or legal guardian
confirming that the conference has been postponed at the request of the
parent or legal guardian.
3. If a parent or legal guardian of a pupil refuses to attend a
conference, the principal of the school shall send a written notice to
the parent or legal guardian confirming that the parent or legal guardian
has waived the right to a conference provided by this section and
authorized the principal to recommend the placement of the pupil pursuant
to subsection 6.
4. Except as otherwise provided in this subsection, a pupil must
not return to the classroom from which he was removed before the
conference is held. If the conference is not held within 3 school days
after the removal of the pupil, the pupil must be allowed to return to
the classroom unless:
(a) The parent or legal guardian of the pupil refuses to attend the
conference;
(b) The failure to hold a conference is attributed to the action or
inaction of the pupil or the parent or legal guardian of the pupil; or
(c) The parent or legal guardian requested that the date of the
conference be postponed.
5. During the conference, the teacher who removed the pupil from
the classroom or the principal shall provide the pupil and his parent or
legal guardian with an explanation of the reason for the removal of the
pupil from the classroom. The pupil and his parent or legal guardian must
be granted an opportunity to respond to the explanation of the pupil’s
behavior and to indicate whether the removal of the pupil from the
classroom was appropriate in their opinion based upon the behavior of the
pupil.
6. Upon conclusion of the conference or, if a conference is not
held pursuant to subsection 3 not later than 3 school days after the
removal of a pupil from a classroom, the principal shall recommend
whether to return the pupil to the classroom or continue the temporary
alternative placement of the pupil.
(Added to NRS by 1999, 3186 )
1. The principal of each public school shall establish at least
one committee to review the temporary alternative placement of pupils. A
committee established pursuant to this section must consist of the
principal and two regular members who are teachers selected for
membership by a majority of the teachers who are employed at the school.
One additional teacher must be selected in the same manner to serve as an
alternate member.
2. If a pupil is removed from the classroom pursuant to NRS
392.4645 by a teacher who is a member
of a committee established pursuant to this section, the teacher shall
not participate in the review of the placement of the pupil and the
alternate member shall serve on the committee for that review.
(Added to NRS by 1999, 3187 )
If, in accordance with subsection 6 of
NRS 392.4646 , the principal recommends
that a pupil be returned to the classroom from which he was removed and
the teacher who removed the pupil does not agree with the recommendation,
the principal shall continue the temporary alternative placement of the
pupil and shall immediately convene a meeting of the committee created
pursuant to NRS 392.4647 . The
principal shall inform the parent or legal guardian of the pupil that the
committee will be conducting a meeting. The committee shall review the
circumstances of the pupil’s removal from the classroom and the pupil’s
behavior that caused him to be removed from the classroom. Based upon its
review, the committee shall assess the best placement available for the
pupil and shall, without limitation:
1. Direct that the pupil be returned to the classroom from which
he was removed;
2. Assign the pupil to another appropriate classroom;
3. Assign the pupil to an alternative program of education, if
available;
4. Recommend the suspension or expulsion of the pupil in
accordance with NRS 392.467 ; or
5. Take any other appropriate disciplinary action against the
pupil that the committee deems necessary.
(Added to NRS by 1999, 3187 )
Habitual Disciplinary Problem; Suspension and Expulsion
1. Except as otherwise provided in this section, a principal of a
school shall deem a pupil enrolled in the school a habitual disciplinary
problem if the school has written evidence which documents that in 1
school year:
(a) The pupil has threatened or extorted, or attempted to threaten
or extort, another pupil or a teacher or other personnel employed by the
school;
(b) The pupil has been suspended for initiating at least two fights
on school property, at an activity sponsored by a public school, on a
school bus or, if the fight occurs within 1 hour of the beginning or end
of a school day, on his way to or from school; or
(c) The pupil has a record of five suspensions from the school for
any reason.
2. At least one teacher of a pupil who is enrolled in elementary
school and at least two teachers of a pupil who is enrolled in junior
high, middle school or high school may request that the principal of the
school deem a pupil a habitual disciplinary problem. Upon such a request,
the principal of the school shall meet with each teacher who made the
request to review the pupil’s record of discipline. If, after the review,
the principal of the school determines that the provisions of subsection
1 do not apply to the pupil, a teacher who submitted a request pursuant
to this subsection may appeal that determination to the board of trustees
of the school district. Upon receipt of such a request, the board of
trustees shall review the initial request and determination pursuant to
the procedure established by the board of trustees for such matters.
3. If a pupil is suspended for initiating a fight described in
paragraph (b) of subsection 1 and the fight is the first such fight that
the pupil has initiated during that school year, or if a pupil receives
one suspension on his record, the school in which the pupil is enrolled
shall provide written notice to the parent or legal guardian of the pupil
that contains:
(a) A description of the acts committed by the pupil and the dates
on which those acts were committed;
(b) An explanation that if the pupil is suspended for initiating
one additional fight or if the pupil receives five suspensions on his
record during the current school year, he will be deemed a habitual
disciplinary problem;
(c) An explanation that, pursuant to subsection 3 of NRS 392.466
, a pupil who is deemed a habitual
disciplinary problem must be suspended or expelled from school for a
period equal to at least one school semester;
(d) If the pupil has a disability and is participating in a program
of special education pursuant to NRS 388.520 , an explanation of the effect of subsection 6
of NRS 392.466 , including, without
limitation, that if it is determined in accordance with 20 U.S.C. § 1415
that the pupil’s behavior is not a manifestation of his disability, he
may be suspended or expelled from school in the same manner as a pupil
without a disability; and
(e) If applicable, a summary of the provisions of subsection 4.
Ê A school shall provide the notice required by this subsection for each
suspension on the record of a pupil during a school year. A school may
include the notice required by this subsection with notice that is
otherwise provided to the parent or legal guardian of a pupil which
informs the parent or legal guardian of the act committed by the pupil.
4. If a pupil is suspended for initiating a fight described in
paragraph (b) of subsection 1 and the fight is the first such fight that
the pupil has initiated during that school year, or if a pupil receives
four suspensions on his record within 1 school year, the school in which
the pupil is enrolled may develop, in consultation with the pupil and the
parent or legal guardian of the pupil, a plan of behavior for the pupil.
Such a plan must be designed to prevent the pupil from being deemed a
habitual disciplinary problem and may include, without limitation, a
voluntary agreement by:
(a) The parent or legal guardian to attend school with his child.
(b) The pupil and his parent or legal guardian to attend
counseling, programs or services available in the school district or
community.
(c) The pupil and his parent or legal guardian that the pupil will
attend summer school, intersession school or school on Saturday, if any
of those alternatives are offered by the school district.
Ê If the pupil commits the same act for which notice was provided
pursuant to subsection 3 after he enters into a plan of behavior, the
pupil shall be deemed a habitual disciplinary problem.
5. If a pupil commits an act the commission of which qualifies him
to be deemed a habitual disciplinary problem pursuant to subsection 1,
the school shall provide written notice to the parent or legal guardian
of the pupil that contains:
(a) A description of the qualifying act and any previous such acts
committed by the pupil and the dates on which those acts were committed;
(b) An explanation that pursuant to subsection 3 of NRS 392.466
, a pupil who is a habitual disciplinary
problem must be suspended or expelled from school for a period equal to
at least one school semester;
(c) If the pupil has a disability and is participating in a program
of special education pursuant to NRS 388.520 , an explanation of the effect of subsection 6
of NRS 392.466 , including, without
limitation, that if it is determined in accordance with 20 U.S.C. § 1415
that the pupil’s behavior is not a manifestation of his disability, he
may be suspended or expelled from school in the same manner as a pupil
without a disability; and
(d) If applicable, a summary of the provisions of subsection 6.
Ê The school shall provide the notice at least 7 days before the school
deems the pupil a habitual disciplinary problem. A school may include the
notice required by this subsection with notice that is otherwise provided
to the parent or legal guardian of a pupil which informs the parent or
legal guardian of the act committed by the pupil.
6. Before a school deems a pupil a habitual disciplinary problem
and suspends or expels the pupil, the school may develop, in consultation
with the pupil and the parent or legal guardian of the pupil, a plan of
behavior for the pupil. Such a plan must be designed to prevent the pupil
from being deemed a habitual disciplinary problem and may include,
without limitation, a voluntary agreement by:
(a) The parent or legal guardian to attend school with his child.
(b) The pupil and his parent or legal guardian to attend
counseling, programs or services available in the school district or
community.
(c) The pupil and his parent or legal guardian that the pupil will
attend summer school, intersession school or school on Saturday, if any
of those alternatives are offered by the school district.
Ê If the pupil violates the conditions of the plan or commits the same
act for which notice was provided pursuant to subsection 5 after he
enters into a plan of behavior, the pupil shall be deemed a habitual
disciplinary problem.
7. A pupil may, pursuant to the provisions of this section, enter
into one plan of behavior per school year.
8. The parent or legal guardian of a pupil who has entered into a
plan of behavior with a school pursuant to this section may appeal to the
board of trustees of the school district a determination made by the
school concerning the contents of the plan of behavior or action taken by
the school pursuant to the plan of behavior. Upon receipt of such a
request, the board of trustees of the school district shall review the
determination in accordance with the procedure established by the board
of trustees for such matters.
(Added to NRS by 1997, 2489; A 1999, 2110 )
A
pupil shall be deemed suspended from school if the school in which the
pupil is enrolled:
1. Prohibits the pupil from attending school for 3 or more
consecutive days; and
2. Requires a conference or some other form of communication with
the parent or legal guardian of the pupil before the pupil is allowed to
return to school.
(Added to NRS by 1999, 2110 )
1. Except as otherwise provided in this section, any pupil who
commits a battery which results in the bodily injury of an employee of
the school or who sells or distributes any controlled substance while on
the premises of any public school, at an activity sponsored by a public
school or on any school bus must, for the first occurrence, be suspended
or expelled from that school, although he may be placed in another kind
of school, for at least a period equal to one semester for that school.
For a second occurrence, the pupil must be permanently expelled from that
school and:
(a) Receive equivalent instruction authorized by the State Board
pursuant to subsection 1 of NRS 392.070 ; or
(b) Enroll in a program of independent study provided pursuant to
paragraph (b) of subsection 3 of NRS 389.155 or a program of distance education provided
pursuant to NRS 388.820 to 388.874
, inclusive, if he qualifies for
enrollment and is accepted for enrollment in accordance with the
applicable requirements.
2. Except as otherwise provided in this section, any pupil who is
found in possession of a firearm or a dangerous weapon while on the
premises of any public school, at an activity sponsored by a public
school or on any school bus must, for the first occurrence, be expelled
from the school for a period of not less than 1 year, although he may be
placed in another kind of school for a period not to exceed the period of
the expulsion. For a second occurrence, the pupil must be permanently
expelled from the school and:
(a) Receive equivalent instruction authorized by the State Board
pursuant to subsection 1 of NRS 392.070 ; or
(b) Enroll in a program of independent study provided pursuant to
paragraph (b) of subsection 3 of NRS 389.155 or a program of distance education provided
pursuant to NRS 388.820 to 388.874
, inclusive, if he qualifies for
enrollment and is accepted for enrollment in accordance with the
applicable requirements.
Ê The superintendent of schools of a school district may, for good cause
shown in a particular case in that school district, allow a modification
to the expulsion requirement of this subsection if such modification is
set forth in writing.
3. Except as otherwise provided in this section, if a pupil is
deemed a habitual disciplinary problem pursuant to NRS 392.4655 , the pupil must be suspended or expelled from
the school for a period equal to at least one semester for that school.
For the period of his suspension or expulsion, the pupil must:
(a) Receive equivalent instruction authorized by the State Board
pursuant to subsection 1 of NRS 392.070 ; or
(b) Enroll in a program of independent study provided pursuant to
paragraph (b) of subsection 3 of NRS 389.155 or a program of distance education provided
pursuant to NRS 388.820 to 388.874
, inclusive, if he qualifies for
enrollment and is accepted for enrollment in accordance with the
applicable requirements.
4. This section does not prohibit a pupil from having in his
possession a knife or firearm with the approval of the principal of the
school. A principal may grant such approval only in accordance with the
policies or regulations adopted by the board of trustees of the school
district.
5. Any pupil in grades 1 to 6, inclusive, except a pupil who has
been found to have possessed a firearm in violation of subsection 2, may
be suspended from school or permanently expelled from school pursuant to
this section only after the board of trustees of the school district has
reviewed the circumstances and approved this action in accordance with
the procedural policy adopted by the board for such issues.
6. A pupil who is participating in a program of special education
pursuant to NRS 388.520 , other than a
pupil who is gifted and talented, may, in accordance with the procedural
policy adopted by the board of trustees of the school district for such
matters, be:
(a) Suspended from school pursuant to this section for not more
than 10 days. Such a suspension may be imposed pursuant to this paragraph
for each occurrence of conduct proscribed by subsection 1.
(b) Suspended from school for more than 10 days or permanently
expelled from school pursuant to this section only after the board of
trustees of the school district has reviewed the circumstances and
determined that the action is in compliance with the Individuals with
Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
7. As used in this section:
(a) “Battery” has the meaning ascribed to it in paragraph (a) of
subsection 1 of NRS 200.481 .
(b) “Dangerous weapon” includes, without limitation, a blackjack,
slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a
nunchaku, switchblade knife or trefoil, as defined in NRS 202.350 , a butterfly knife or any other knife
described in NRS 202.350 , or any other
object which is used, or threatened to be used, in such a manner and
under such circumstances as to pose a threat of, or cause, bodily injury
to a person.
(c) “Firearm” includes, without limitation, any pistol, revolver,
shotgun, explosive substance or device, and any other item included
within the definition of a “firearm” in 18 U.S.C. § 921, as that section
existed on July 1, 1995.
8. The provisions of this section do not prohibit a pupil who is
suspended or expelled from enrolling in a charter school that is designed
exclusively for the enrollment of pupils with disciplinary problems if he
is accepted for enrollment by the charter school pursuant to NRS 386.580
. Upon request, the governing body of a
charter school must be provided with access to the records of the pupil
relating to his suspension or expulsion in accordance with applicable
federal and state law before the governing body makes a decision
concerning the enrollment of the pupil.
(Added to NRS by 1985, 1648; A 1987, 1550; 1989, 429; 1991, 628,
1364; 1993, 2161; 1995, 2710; 1997, 2489; 1999, 2113 , 3317 ; 2001, 1022 ; 2003, 19th Special Session, 81 ; 2005, 1539 )
1. Except as otherwise provided in subsections 4 and 5, the board
of trustees of a school district may authorize the suspension or
expulsion of any pupil from any public school within the school district.
2. Except as otherwise provided in subsection 5, no pupil may be
suspended or expelled until he has been given notice of the charges
against him, an explanation of the evidence and an opportunity for a
hearing, except that a pupil who poses a continuing danger to persons or
property or an ongoing threat of disrupting the academic process or who
is selling or distributing any controlled substance or is found to be in
possession of a dangerous weapon as provided in NRS 392.466 may be removed from the school immediately
upon being given an explanation of the reasons for his removal, and
pending proceedings, to be conducted as soon as practicable after
removal, for his suspension or expulsion.
3. The provisions of chapter 241 of
NRS do not apply to any hearing conducted pursuant to this section. Such
hearings must be closed to the public.
4. The board of trustees of a school district shall not authorize
the expulsion, suspension or removal of any pupil from the public school
system solely because the pupil is declared a truant or habitual truant
in accordance with NRS 392.130 or
392.140 .
5. A pupil who is participating in a program of special education
pursuant to NRS 388.520 , other than a
pupil who is gifted and talented, may, in accordance with the procedural
policy adopted by the board of trustees of the school district for such
matters, be:
(a) Suspended from school pursuant to this section for not more
than 10 days.
(b) Suspended from school for more than 10 days or permanently
expelled from school pursuant to this section only after the board of
trustees of the school district has reviewed the circumstances and
determined that the action is in compliance with the Individuals with
Disabilities Education Act (20 U.S.C. §§ 1400 et seq.).
[362:32:1956]—(NRS A 1959, 808; 1967, 457; 1975, 1471; 1977, 609;
1985, 1649; 1989, 73; 1991, 1365; 1993, 2162)
1. Except as otherwise provided in this section, a pupil who is
suspended or expelled from:
(a) Any public school in this State pursuant to NRS 392.466 ; or
(b) Any school outside of this State for the commission of any act
which, if committed within this State, would be a ground for suspension
or expulsion from public school pursuant to NRS 392.466 ,
Ê is ineligible to attend any public school in this State during the
period of that suspension or expulsion.
2. A school district or a charter school, if the charter school
offers the applicable program, may allow a pupil who is ineligible to
attend a public school pursuant to this section to enroll in:
(a) An alternative program for the education of pupils at risk of
dropping out of high school;
(b) A program of independent study provided pursuant to paragraph
(b) of subsection 3 of NRS 389.155 , if
he qualifies for enrollment and is accepted for enrollment in accordance
with the applicable requirements;
(c) A program of distance education provided pursuant to NRS
388.820 to 388.874 , inclusive, if he qualifies for enrollment and
is accepted for enrollment in accordance with the applicable
requirements; or
(d) Any program of instruction offered pursuant to the provisions
of NRS 388.550 .
Ê A school district or charter school may conduct an investigation of the
background of any such pupil to determine if the educational needs of the
pupil may be satisfied without undue disruption to the program. If an
investigation is conducted, the board of trustees of the school district
or the governing body of the charter school shall, based on the results
of the investigation, determine if the pupil will be allowed to enroll in
such a program.
3. The provisions of subsections 1 and 2 do not prohibit a pupil
from enrolling in a charter school that is designed exclusively for the
enrollment of pupils with disciplinary problems if he is accepted for
enrollment by the charter school pursuant to NRS 386.580 . Upon request, the governing body of a charter
school must be provided with access to the records of the pupil relating
to his suspension or expulsion in accordance with applicable federal and
state law before the governing body makes a decision concerning the
enrollment of the pupil.
(Added to NRS by 1993, 2306; A 1997, 2491; 2005, 1541 )
CRISIS RESPONSE IN PUBLIC SCHOOLS
As used in NRS 392.600 to 392.656 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 392.604 , 392.608 and 392.612
have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 1323 )
“Crisis” means a traumatic and
sudden event or emergency condition that:
1. Involves violence;
2. Profoundly and negatively affects or will affect pupils or
employees of a public school, or both;
3. Occurs on the property of a public school, at an activity
sponsored by a public school or on a school bus while the bus is engaged
in its official duties for a public school; and
4. May involve serious injury or death.
(Added to NRS by 2001, 1323 )
“Development
committee” means a committee established pursuant to NRS 392.616 .
(Added to NRS by 2001, 1323 )
“School committee” means
a committee established pursuant to NRS 392.628 .
(Added to NRS 2001, 1323 )
1. The board of trustees of each school district shall establish a
development committee to develop one plan to be used by all the public
schools other than the charter schools in the school district in
responding to a crisis. The governing body of each charter school shall
establish a development committee to develop a plan to be used by the
charter school in responding to a crisis.
2. The membership of a development committee must consist of:
(a) At least one member of the board of trustees or of the
governing body that established the committee;
(b) At least one administrator of a school in the school district
or of the charter school;
(c) At least one licensed teacher of a school in the school
district or of the charter school;
(d) At least one employee of a school in the school district or of
the charter school who is not a licensed teacher and who is not
responsible for the administration of the school;
(e) At least one parent or legal guardian of a pupil who is
enrolled in a school in the school district or in the charter school;
(f) At least one representative of a local law enforcement agency
in the county in which the school district or charter school is located;
and
(g) At least one school police officer, including, without
limitation, a chief of school police of the school district if the school
district has school police officers.
3. The membership of a development committee may also include any
other person whom the board of trustees or the governing body deems
appropriate, including, without limitation:
(a) A counselor of a school in the school district or of the
charter school;
(b) A psychologist of a school in the school district or of the
charter school;
(c) A licensed social worker of a school in the school district or
of the charter school;
(d) A pupil in grade 10 or higher of a school in the school
district or a pupil in grade 10 or higher of the charter school if a
school in the school district or the charter school includes grade 10 or
higher; and
(e) An attorney or judge who resides or works in the county in
which the school district or charter school is located.
4. The board of trustees of each school district and the governing
body of each charter school shall determine the term of each member of
the development committee that it establishes. Each development committee
may adopt rules for its own management and government.
(Added to NRS by 2001, 1323 )
1. Each development committee established by the board of trustees
of a school district shall develop one plan to be used by all the public
schools other than the charter schools in the school district in
responding to a crisis. Each development committee established by the
governing body of a charter school shall develop a plan to be used by the
charter school in responding to a crisis. Each development committee
shall, when developing the plan, consult with the local social service
agencies and local law enforcement agencies in the county in which its
school district or charter school is located. The plan must include,
without limitation, a procedure for:
(a) Assisting persons within a school in the school district or the
charter school to communicate with each other;
(b) Assisting persons within a school in the school district or the
charter school to communicate with persons located outside the school,
including, without limitation, relatives of pupils and relatives of
employees of the school, the news media and persons from local, state or
federal agencies that are responding to a crisis;
(c) Immediately responding to a crisis and for responding during
the period after a crisis has concluded, including, without limitation, a
crisis that results in immediate physical harm to a pupil or employee of
a school in the school district or the charter school;
(d) Assisting pupils of a school in the school district or the
charter school, employees of the school and relatives of such pupils and
employees to move safely within and away from the school, including,
without limitation, a procedure for evacuating the school and a procedure
for securing the school; and
(e) Enforcing discipline within a school in the school district or
the charter school and for obtaining and maintaining a safe and orderly
environment during a crisis.
2. Each development committee shall provide a copy of the plan
that it develops pursuant to this section to the board of trustees of the
school district that established the committee or the governing body of
the charter school that established the committee.
3. Except as otherwise provided in NRS 392.632 and 392.636 ,
each public school, including, without limitation, each charter school,
must comply with the plan developed for it pursuant to this section.
(Added to NRS by 2001, 1324 )
1. Each development committee shall, at least once each year,
review and update as appropriate the plan that it developed pursuant to
NRS 392.620 , and provide an updated
copy of the plan to the board of trustees of the school district that
established the committee or the governing body of the charter school
that established the committee.
2. The board of trustees of each school district and the governing
body of each charter school shall:
(a) Post a notice of the completion of each review and update that
its development committee performs pursuant to subsection 1 at each
school in its school district or at its charter school;
(b) Post a copy of NRS 392.600 to
392.656 , inclusive, at each school in
its school district or at its charter school;
(c) Retain a copy of each plan developed pursuant to NRS 392.620
, each plan updated pursuant to
subsection 1 and each deviation approved pursuant to NRS 392.636 ;
(d) Provide a copy of each plan developed pursuant to NRS 392.620
and each plan updated pursuant to
subsection 1 to:
(1) The State Board;
(2) Each local law enforcement agency in the county in which
the school district or charter school is located; and
(3) The Division of Emergency Management of the Department
of Public Safety;
(e) Upon request, provide a copy of each plan developed pursuant to
NRS 392.620 and each plan updated
pursuant to subsection 1 to a local agency that is included in the plan
and to an employee of a school who is included in the plan;
(f) Upon request, provide a copy of each deviation approved
pursuant to NRS 392.636 to:
(1) The State Board;
(2) A local law enforcement agency in the county in which
the school district or charter school is located;
(3) The Division of Emergency Management of the Department
of Public Safety;
(4) A local agency that is included in the plan; and
(5) An employee of a school who is included in the plan; and
(g) At least once each year, provide training in responding to a
crisis to each employee of the school district or of the charter school,
including, without limitation, training concerning drills for evacuating
and securing schools.
3. The board of trustees of each school district and the governing
body of each charter school may apply for and accept gifts, grants and
contributions from any public or private source to carry out the
provisions of NRS 392.600 to 392.656
, inclusive.
(Added to NRS by 2001, 1325 )
1. The principal of each public school, including, without
limitation, each charter school, shall establish a school committee to
review the plan developed for the school pursuant to NRS 392.620 .
2. The membership of a school committee must consist of:
(a) The principal of the school;
(b) Two licensed employees of the school;
(c) One employee of the school who is not a licensed employee and
who is not responsible for the administration of the school;
(d) One school police officer of the school if the school has
school police officers; and
(e) One parent or legal guardian of a pupil who is enrolled in the
school.
3. The membership of a school committee may also include any other
person whom the principal of the school deems appropriate, including,
without limitation:
(a) A member of the board of trustees of the school district in
which the school is located or a member of the governing body of the
charter school;
(b) A counselor of the school;
(c) A psychologist of the school;
(d) A licensed social worker of the school;
(e) A representative of a local law enforcement agency in the
county, city or town in which the school is located; and
(f) A pupil in grade 10 or higher from the school if the school
includes grade 10 or higher.
4. The principal of a public school, including, without
limitation, a charter school, shall determine the term of each member of
the school committee. Each school committee may adopt rules for its own
management and government.
(Added to NRS by 2001, 1326 )
1. Each school committee shall, at least once each year, review
the plan developed for the school pursuant to NRS 392.620 and determine whether the school should
deviate from the plan. Each school committee shall, when reviewing the
plan, consult with the local social service agencies and law enforcement
agencies in the county, city or town in which its school is located. If a
school committee determines that the school should deviate from the plan,
the school committee shall notify the development committee that
developed the plan, describe the proposed deviation and explain the
reason for the proposed deviation. The school may deviate from the plan
only if the deviation is approved by the development committee pursuant
to NRS 392.636 .
2. Each public school, including, without limitation, each charter
school, shall post at the school a notice of the completion of each
review that the school committee performs pursuant to this section.
(Added to NRS by 2001, 1326 )
1. A development committee that receives a proposed deviation from
a school committee pursuant to NRS 392.632 shall, within 60 days after it receives the
proposed deviation:
(a) Review the proposed deviation and any information submitted
with the proposed deviation; and
(b) Notify the school committee that submitted the proposed
deviation whether the proposed deviation has been approved.
2. A development committee shall provide a copy of each deviation
that it approves pursuant to this section to the board of trustees of the
school district that established the committee or to the governing body
of the charter school that established the committee.
(Added to NRS by 2001, 1326 )
1. The State Board shall, with assistance from other state
agencies, including, without limitation, the Division of Emergency
Management, the Investigation Division, and the Nevada Highway Patrol of
the Department of Public Safety, develop a plan for the management of a
crisis that involves a public school, including, without limitation, a
charter school, or a private school and that requires immediate action.
The plan must include, without limitation, a procedure for coordinating
the resources of local, state and federal agencies, officers and
employees, as appropriate. In developing the plan, the State Board shall
consider the plans to respond to crises developed pursuant to NRS 392.620
and 394.1687 and updated pursuant to NRS 392.624 and 394.1688 .
2. The State Board may disseminate to any appropriate local, state
or federal agency, officer or employee, as the State Board determines is
necessary:
(a) The plan developed by the State Board pursuant to subsection 1;
(b) A plan developed pursuant to NRS 392.620 or updated pursuant to NRS 392.624 ;
(c) A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688 ; and
(d) A deviation approved pursuant to NRS 392.636 or 394.1692 .
(Added to NRS by 2001, 1327 )
1. The State Board shall adopt regulations setting forth
requirements for:
(a) The plan required to be developed pursuant to NRS 392.620
; and
(b) Reviewing and approving a deviation pursuant to NRS 392.636
.
2. The regulations adopted pursuant to this section must include,
without limitation, requirements concerning training and practice in
procedures for responding to a crisis.
(Added to NRS by 2001, 1327 )
1. If a crisis that requires immediate action occurs at a public
school, including, without limitation, a charter school, the principal of
the school involved, or his designated representative, shall, in
accordance with the plan to respond to a crisis developed for the school
pursuant to NRS 392.620 and in
accordance with any deviation approved pursuant to NRS 392.636 , contact all appropriate local agencies to
respond to the crisis.
2. If a local agency that is responsible for responding to a
crisis is contacted pursuant to subsection 1 and the local agency
determines that the crisis requires assistance from a state agency, the
local agency may:
(a) If a local organization for emergency management has been
established in the city or county in which the local agency that was
contacted is located, through such local organization for emergency
management, notify the Division of Emergency Management of the Department
of Public Safety of the crisis and request assistance from the Division
in responding to the crisis; or
(b) If a local organization for emergency management has not been
established in the city or county in which the local agency that was
contacted is located, directly notify the Division of Emergency
Management of the Department of Public Safety of the crisis and request
assistance from the Division in responding to the crisis.
3. If the Division of Emergency Management of the Department of
Public Safety receives notification of a crisis and a request for
assistance pursuant to subsection 2 and the Governor or his designated
representative determines that the crisis requires assistance from a
state agency, the Division shall carry out its duties set forth in the
plan developed pursuant to NRS 392.640
and its duties set forth in chapter 414 of
NRS, including, without limitation, addressing the immediate crisis and
coordinating the appropriate and available local, state and federal
resources to provide support services and counseling to pupils, teachers,
and parents or legal guardians of pupils, and providing support for law
enforcement agencies, for as long as is reasonably necessary.
(Added to NRS by 2001, 1327 )
A plan developed pursuant to NRS 392.620
or updated pursuant to NRS 392.624
, a deviation and any information
submitted to a development committee pursuant to NRS 392.632 , a deviation approved pursuant to NRS 392.636
and the plan developed pursuant to NRS
392.640 are confidential and, except as
otherwise provided in NRS 392.600 to
392.656 , inclusive, must not be
disclosed to any person or government, governmental agency or political
subdivision of a government.
(Added to NRS by 2001, 1328 )
The provisions of chapter 241 of NRS do not apply to a meeting of:
1. A development committee;
2. A school committee; or
3. The State Board if the meeting concerns a regulation adopted
pursuant to NRS 392.644 or the plan
developed pursuant to NRS 392.640 .
(Added to NRS by 2001, 1328 )
MISCELLANEOUS PROVISIONS
1. The board of trustees of a county school district, or its
designee, shall inform each employee of the district, including teachers,
other licensed employees, drivers of school buses, instructional aides
and office managers, who may have consistent contact with a pupil if that
pupil has, within the preceding 3 years, unlawfully caused or attempted
to cause serious bodily injury to any person. The district shall provide
this information based upon any written records that the district
maintains or which it receives from a law enforcement agency or a court.
The district need not initiate a request for such information from any
source.
2. A school district and the members of its board of trustees are
not liable for failure strictly to comply with this section if a good
faith effort to comply is made.
3. Any information received by an employee pursuant to this
section is confidential and must not be further disseminated by the
employee.
(Added to NRS by 1991, 981; A 1997, 1362)—(Substituted in revision
for NRS 392.468)
1. The board of trustees of each school district, in conjunction
with the school police officers of the school district, if any, and the
local law enforcement agencies that have jurisdiction over the school
district, shall establish a policy for the procedures which must be
followed by a peace officer in arresting a pupil on school grounds during
school hours. The policy must include the circumstances under which the
chief administrative officer of a school must be notified of the arrest
of a pupil.
2. Each law enforcement agency that has jurisdiction over any part
of a school district shall adopt the policy which is established pursuant
to subsection 1.
(Added to NRS by 1993, 853)—(Substituted in revision for NRS
392.469)
UNLAWFUL ACTS
1. It is unlawful for any person, against the will of a pupil
attending any public school, to beat, whip, detain or otherwise interfere
with him while he is on his way to and from school.
2. Any person who violates any of the provisions of this section
shall be guilty of a misdemeanor.
[407:32:1956]—(NRS A 1967, 566)—(Substituted in revision for NRS
392.470)
1. It is unlawful for any person to disturb the peace of any
public school by using vile or indecent language within the building or
grounds of the school. Any person who violates any of the provisions of
this subsection is guilty of a misdemeanor.
2. It is unlawful for any person to assault any pupil or school
employee:
(a) Within the building or grounds of the school;
(b) On a bus, van or any other motor vehicle owned, leased or
chartered by a school district to transport pupils or school employees; or
(c) At a location where the pupil or school employee is involved in
an activity sponsored by a public school.
Ê Except under circumstances described in paragraph (c) or (d) of
subsection 2 of NRS 200.471 or in NRS
200.571 , any person who violates any of
the provisions of this subsection is guilty of a misdemeanor.
3. It is unlawful for any person maliciously and purposely in any
manner to interfere with or disturb any persons peaceably assembled
within a building of a public school for school district purposes. Any
person who violates any of the provisions of this subsection is guilty of
a misdemeanor.
4. For the purposes of this section “school employee” means any
licensed or unlicensed person employed by a board of trustees of a school
district pursuant to NRS 391.100 .
[408:32:1956]—(NRS A 1967, 566; 1979, 1617; 1993, 239; 2001 Special
Session, 185 ; 2003, 2 )
1. A person shall not, through the use of any means of oral,
written or electronic communication, knowingly threaten to cause bodily
harm or death to a pupil or employee of a school district or charter
school with the intent to:
(a) Intimidate, frighten, alarm or distress a pupil or employee of
a school district or charter school;
(b) Cause panic or civil unrest; or
(c) Interfere with the operation of a public school, including,
without limitation, a charter school.
2. Unless a greater penalty is provided by specific statute, a
person who violates the provisions of subsection 1 is guilty of:
(a) A misdemeanor, unless the provisions of paragraph (b) apply to
the circumstances.
(b) A gross misdemeanor, if the threat causes:
(1) Any pupil or employee of a school district or charter
school who is the subject of the threat to be intimidated, frightened,
alarmed or distressed;
(2) Panic or civil unrest; or
(3) Interference with the operation of a public school,
including, without limitation, a charter school.
3. As used in this section, “oral, written or electronic
communication” includes, without limitation, any of the following:
(a) A letter, note or any other type of written correspondence.
(b) An item of mail or a package delivered by any person or postal
or delivery service.
(c) A telegraph or wire service, or any other similar means of
communication.
(d) A telephone, cellular phone, satellite phone, page or facsimile
machine, or any other similar means of communication.
(e) A radio, television, cable, closed-circuit, wire, wireless,
satellite or other audio or video broadcast or transmission, or any other
similar means of communication.
(f) An audio or video recording or reproduction, or any other
similar means of communication.
(g) An item of electronic mail, a modem or computer network, or the
Internet, or any other similar means of communication.
(Added to NRS by 2001 Special Session, 184 )
1. It is unlawful for an employer or his agent to:
(a) Terminate the employment of a person who, as the parent,
guardian or custodian of a child:
(1) Appears at a conference requested by an administrator of
the school attended by the child; or
(2) Is notified during his work by a school employee of an
emergency regarding the child; or
(b) Assert to the person that his appearance or prospective
appearance at such a conference or the receipt of such a notification
during his work will result in the termination of his employment.
2. Any person who violates the provisions of subsection 1 is
guilty of a misdemeanor.
3. A person discharged from employment in violation of subsection
1 may commence a civil action against his employer and obtain:
(a) Wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority
or benefits;
(c) Damages equal to the amount of the lost wages and benefits; and
(d) Reasonable attorney’s fees fixed by the court.
(Added to NRS by 1989, 901)—(Substituted in revision for NRS
392.490)
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