NRS: CHAPTER 388 - SYSTEM OF PUBLIC INSTRUCTION

[Rev. 2/15/2012 12:36:32 PM--2012R1]

CHAPTER 388 - SYSTEM OF PUBLIC INSTRUCTION

GENERAL PROVISIONS

NRS 388.020 Kinds of public schools.

NRS 388.030 Division of public schools in school district into departments.

NRS 388.040 Zoning of school district by board of trustees; establishment of zones does not preclude pupil’s attendance at certain other public schools.

NRS 388.060 Kindergarten: Establishment; board of trustees authorized to provide transportation to school that offers kindergarten or to provide program of instruction at home; budget.

NRS 388.070 Maintenance of schools with equal rights and privileges.

NRS 388.075 Period of silence.

SCHOOL YEAR; MINIMUM NUMBER OF DAYS; HOLIDAYS

NRS 388.080 School year.

NRS 388.090 Minimum number of days of school; application for alternative schedule; application for reduction in minutes or additional minutes; scheduling for closure because of natural disaster, inclement weather or accident.

NRS 388.110 Closing public schools for legal holidays.

PROVISION OF SAFE AND RESPECTFUL LEARNING ENVIRONMENT

General Provisions

NRS 388.121 Definitions.

NRS 388.122 “Bullying” defined.

NRS 388.123 “Cyber-bullying” defined.

NRS 388.124 “Electronic communication” defined.

NRS 388.125 “Harassment” defined.

NRS 388.129 “Intimidation” defined.

NRS 388.132 Legislative declaration concerning safe and respectful learning environment.

NRS 388.1325 Bullying Prevention Fund: Creation; acceptance of gifts and grants; credit of interest and income; authorized uses by school district that receives grant.

NRS 388.1327 Regulations.

Policies; Informational Pamphlet; Program of Training

NRS 388.133 Policy by Department concerning safe and respectful learning environment.

NRS 388.134 Policy by school districts for provision of safe and respectful learning environment and policy for ethical, safe and secure use of computers; provision of training to school personnel; posting of policies on Internet website; annual review and update of policies.

NRS 388.1341 Development of informational pamphlet by Department; annual review and update; posting on Internet website; development of tutorial.

NRS 388.1342 Establishment of program of training by Department; completion of program by members of State Board of Education; authorized participation by boards of trustees; annual review and update.

School Safety Team

NRS 388.1343 Establishment by principal of each school; duties of principal.

NRS 388.1344 Membership; chair; duties.

Prohibition of Bullying, Cyber-Bullying, Harassment and Intimidation; Reports of Violations

NRS 388.1345 Compilation of reports by Superintendent of Public Instruction; submission of written compilation to Attorney General. [Replaced in revision by NRS 388.1355.]

NRS 388.135 Bullying, cyber-bullying, harassment and intimidation prohibited.

NRS 388.1351 Staff member required to report violation to principal; time period for initiation and completion of investigation; authorization for parent to appeal disciplinary decision.

NRS 388.1352 Establishment of policy by school districts for employees to report violations to law enforcement.

NRS 388.1353 Principal required to submit report of violations for each semester to school district; review and compilation of reports by school district; submission of compilation to Department.

NRS 388.1355 Compilation of reports by Superintendent of Public Instruction; submission of written compilation to Attorney General.

NRS 388.136 School officials prohibited from interfering with disclosure of violations.

NRS 388.137 Immunity for reporting of violations; exceptions.

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

PROHIBITED INSTRUCTION

NRS 388.150 Sectarian and denominational publications and instruction; forfeiture of public school money for violation; authority to comply with federal Equal Access Act.

ELEMENTARY SCHOOLS

NRS 388.155 Foster care children enrolled in elementary school; development of academic plan required; annual review and modification of plan; use of plan to manage pupil’s educational development.

MIDDLE SCHOOLS AND JUNIOR HIGH SCHOOLS

NRS 388.165 Development of academic plan required. [Effective July 1, 2013.]

NRS 388.171 Pilot program for small learning communities required in certain schools. [Effective July 1, 2013.]

NRS 388.176 Adoption of policy for peer mentoring.

NRS 388.181 Adoption of policy for pupil-led conferences.

HIGH SCHOOLS

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

NRS 388.215 Program of small learning communities required for ninth grade pupils enrolled in larger schools. [Effective through June 30, 2013.]

NRS 388.215 Pilot program of small learning communities for ninth grade pupils enrolled in larger schools; implementation in certain percentage of schools within school district. [Effective July 1, 2013.]

NRS 388.221 Adoption of policy for peer mentoring.

NRS 388.225 Establishment of plan to prepare pupils for educational requirements of postsecondary education and success in workplace; report on progress of plan. [Effective through June 29, 2014.]

CAREER AND TECHNICAL EDUCATION

State Board for Career and Technical Education; Gift Fund for Career and Technical Education

NRS 388.330 Composition of Board.

NRS 388.340 Duties of Executive Officer.

NRS 388.350 Meetings.

NRS 388.360 Powers.

NRS 388.365 Designation of Fund; use of money.

NRS 388.370 Biennial report to Governor.

Programs of Career and Technical Education

NRS 388.380 Establishment and maintenance of programs by school districts; endorsement on diploma indicating successful completion of program.

NRS 388.385 Appointment of advisory technical skills committee by school districts; duties of committee; service without compensation.

Money

NRS 388.390 Certain school districts and charter schools entitled to share in available money.

NRS 388.400 Administration; State Treasurer as custodian.

PROGRAM TO TEACH ENGLISH LANGUAGE TO CERTAIN PUPILS

NRS 388.405 Establishment; regulations; submission of certain evaluations required by federal law.

PUPILS WITH DISABILITIES AND GIFTED AND TALENTED PUPILS

General Provisions

NRS 388.440 Definitions.

Educational Services and Programs

NRS 388.450 Provision of education to pupils with disabilities and gifted and talented pupils; authorization for certain school districts to provide early intervening services; uniform criteria for eligibility for instruction.

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

NRS 388.470 Placement of child in special program; effect of military transfer of parent of child.

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

NRS 388.481 Pupils with autism spectrum disorder: Initial evaluation by school district or charter school; reevaluation and review of individualized education program; assistance and training for persons who conduct evaluation.

NRS 388.483 Pupils with autism spectrum disorder: Department required to submit annual report to Aging and Disability Services Division.

NRS 388.490 Ages for admission to special programs; enrollment counted for apportionment. [Replaced in revision by NRS 388.475.]

NRS 388.492 Pupil with a disability attains 18 years of age: Rights transfer to pupil; notice to parent and pupil; exception for pupil adjudicated incompetent.

NRS 388.493 Pupil with a disability attains 18 years of age: Application by parent to represent educational interests of pupil; duration of representation; appeal; regulations.

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

NRS 388.507 Hearings conducted pursuant to Individuals with Disabilities Education Act: Burden of proof and burden of production on school district during certain due process hearings.

NRS 388.509 Hearings conducted pursuant to Individuals with Disabilities Education Act: Authority of Department to issue subpoenas; enforcement of subpoena by court.

NRS 388.520 Use of form for development, review and revision of individualized education program; minimum standards for special education and early intervening services; limitation on apportionment of state money for instruction.

Use of Aversive Intervention, Physical Restraint and Mechanical Restraint on Pupils With Disabilities

NRS 388.521 Definitions.

NRS 388.5215 “Aversive intervention” defined.

NRS 388.522 “Chemical restraint” defined.

NRS 388.5225 “Corporal punishment” defined.

NRS 388.523 “Electric shock” defined.

NRS 388.5235 “Emergency” defined.

NRS 388.524 “Individualized education program” defined.

NRS 388.5245 “Individualized education program team” defined.

NRS 388.525 “Mechanical restraint” defined.

NRS 388.5255 “Physical restraint” defined.

NRS 388.526 “Verbal and mental abuse” defined.

NRS 388.5265 Aversive intervention prohibited.

NRS 388.527 Physical restraint and mechanical restraint prohibited; exceptions.

NRS 388.5275 Conditions under which physical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year.

NRS 388.528 Conditions under which mechanical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year.

NRS 388.5285 Mandatory education and training for staff.

NRS 388.529 Disciplinary action against person for intentional violation.

NRS 388.5295 Report of violation; corrective plan required; appointment of administrator to oversee school under certain circumstances.

NRS 388.531 Retaliation for reporting violation prohibited.

NRS 388.5315 Reporting of denial of rights; investigation and resolution of disputes by Department.

NRS 388.5317 Annual report by school districts on use of restraint and violations; compilation of reports by Department; submission of compilation to Legislature.

PROGRAMS TO PREVENT CRIMINAL ACTIVITY; OPERATION OF ALTERNATIVE PROGRAMS

NRS 388.532 Development of programs.

NRS 388.537 Alternative programs for pupils at risk of dropping out of school.

INSTRUCTION OF CHILDREN DETAINED IN FACILITIES FOR THE DETENTION OF CHILDREN, ALTERNATIVE PROGRAMS, JUVENILE FORESTRY CAMPS AND JUVENILE TRAINING SCHOOLS

NRS 388.550 Employment of teachers with approval of juvenile court and county commissioners.

NRS 388.560 Courses of instruction; school district to furnish textbooks, equipment and supplies.

NRS 388.570 Computation of enrollment and average daily attendance; reports to Superintendent of Public Instruction.

PROGRAMS OF EDUCATION FOR INCARCERATED PERSONS

NRS 388.573 “Incarcerated persons” defined.

NRS 388.575 Establishment of statewide program by Department of Education; requirements of statewide program.

NRS 388.577 Fund for Programs of Education for Incarcerated Persons: Creation; administration; use of money; limitations on use; allocation of money to certain school districts.

NRS 388.579 Boards of trustees of school districts authorized to operate program; compliance with statewide program; conditions for receipt of money from Fund.

NRS 388.582 Board of Regents authorized to offer certain courses to incarcerated persons.

NRS 388.583 Interagency panel required to be convened if employee of school district who conducts program is excluded from facility or institution operated by Department of Corrections; final decision of panel.

PROGRAM OF INFORMATION CONCERNING MISSING CHILDREN

NRS 388.585 Establishment of program by trustees; assistance of Attorney General or State Board.

EDUCATION AND COUNSELING OF DISPLACED HOMEMAKERS

NRS 388.605 Definitions.

NRS 388.615 Board for the Education and Counseling of Displaced Homemakers: Creation; membership; duties; compensation of members.

NRS 388.625 Establishment of center for displaced homemakers; deposit of gifts and grants of money; approval of claims.

NRS 388.635 Provision of services by center for displaced homemakers.

NRS 388.645 Selection of organization to administer center; coordination with state and federal programs.

NRS 388.655 Executive director for center; quarterly reports to Board.

REDUCTION OF PUPIL-TEACHER RATIO IN CERTAIN CLASSES

NRS 388.700 Reduction of ratio in certain grades; request for variance required under certain circumstances; reports by State Board and Department; exception to requirements for charter schools and distance education.

NRS 388.710 State Board of Education to determine data to be monitored by school district; school district to report data to State Board.

NRS 388.720 Development of plan by school district to reduce pupil-teacher ratios; alternative ratios for certain grades authorized in certain counties.

EDUCATIONAL FOUNDATIONS

NRS 388.750 Compliance with Open Meeting Law; availability of records; exemption from certain taxes; nondisclosure of contributors.

EDUCATIONAL TECHNOLOGY

NRS 388.780 Definitions.

NRS 388.785 “Commission” defined.

NRS 388.787 “Committee” defined.

NRS 388.789 Superintendent of Public Instruction required to ensure Commission carries out duties successfully.

NRS 388.790 Commission on Educational Technology: Creation; membership; terms; removal and vacancy; quarterly meetings required; compensation.

NRS 388.795 Commission on Educational Technology: Duties; plan for use of educational technology; administrative support by Department; assessment of needs of school districts; advisory committee authorized.

NRS 388.800 Trust Fund for Educational Technology: Creation; administration; interest and income; use of money in Fund.

NRS 388.805 Trust Fund for Educational Technology: Program for school districts to apply for money from Fund.

DISTANCE EDUCATION

General Provisions

NRS 388.820 Definitions.

NRS 388.823 “Course of distance education” defined.

NRS 388.826 “Distance education” defined.

NRS 388.829 “Program of distance education” defined.

Approved Courses; Procedure for Application

NRS 388.834 Publication of list of approved distance education courses.

NRS 388.838 Submission of application to Department; conditions for approval; opportunity to correct deficiencies.

Operation of Programs; Regulations

NRS 388.842 Alternate scheduling permitted; minimum time required for full-time program.

NRS 388.846 Compliance with statutes and regulations; notice by charter school to board of trustees concerning type of educational services provided.

NRS 388.850 Eligibility for enrollment.

NRS 388.854 Permission of board of trustees required for enrollment; written agreement between board of trustees and provider of distance education program.

NRS 388.858 Permission of charter school required for part-time enrollment; written agreement between charter school and provider of distance education program.

NRS 388.862 Board of trustees required to declare public school to which pupil enrolled in program is affiliated; applicability of statutes and regulations to pupils.

NRS 388.866 Requirements of program; supervision by teacher; qualifications of certain teachers.

NRS 388.874 Regulations of State Board.

MISCELLANEOUS PROVISIONS

NRS 388.880 Immunity from civil liability for reporting threat of violence against school official, school employee or pupil; exceptions.

_________

GENERAL PROVISIONS

NRS 388.020 Kinds of public schools.

1. An elementary school is a public school in which grade work is not given above that included in the eighth grade, according to the regularly adopted state course of study.

2. A junior high or middle school is a public school in which the sixth, seventh, eighth and ninth grades are taught under a course of study prescribed and approved by the State Board. The school is an elementary or secondary school for the purpose of the licensure of teachers.

3. A high school is a public school in which subjects above the eighth grade, according to the state course of study, may be taught. The school is a secondary school for the purpose of the licensure of teachers.

4. A special school is an organized unit of instruction operating with approval of the State Board.

5. A charter school is a public school that is formed pursuant to the provisions of NRS 386.490 to 386.610, inclusive.

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

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

NRS 388.030 Division of public schools in school district into departments. The board of trustees of a school district may divide the public schools within the school district into kindergarten, elementary, high school and other permissible departments, and shall employ competent and legally qualified teachers for the instruction of the different departments, if:

1. The division into departments is in accordance with the state courses of study and regulations of the State Board of Education; and

2. There is money for all of the departments, or if money is not available for all of the departments, the division is made in the order in which the departments are named in this section.

[238:32:1956]—(NRS A 1969, 257; 1971, 1321; 1975, 48; 1979, 1593; 1991, 2076)

NRS 388.040 Zoning of school district by board of trustees; establishment of zones does not preclude pupil’s attendance at certain other public schools.

1. Except as otherwise provided in subsection 2, the board of trustees of a school district that includes more than one school which offers instruction in the same grade or grades may zone the school district and determine which pupils must attend each school.

2. The establishment of zones pursuant to subsection 1 does not preclude a pupil from attending a:

(a) Charter school;

(b) University school for profoundly gifted pupils;

(c) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil is enrolled in the Program of School Choice for Children in Foster Care established pursuant to NRS 392B.100; or

(d) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, or the parent or legal guardian with whom the pupil resides has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive.

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

NRS 388.060 Kindergarten: Establishment; board of trustees authorized to provide transportation to school that offers kindergarten or to provide program of instruction at home; budget.

1. Except as otherwise provided in this subsection, the board of trustees of each school district shall establish, equip and maintain a kindergarten in each elementary school or each school attendance area in the district. If, on or before June 1 immediately preceding the school year, admittance to kindergarten has been requested for fewer than 15 children, the mandatory provisions of this subsection do not apply to that school, and the board may decide whether to establish a kindergarten for those children. If the board decides not to establish such a kindergarten, it may provide:

(a) Transportation for each child to enable the child to attend kindergarten at another school; or

(b) Upon agreement with a child’s parent or guardian, an authorized program of instruction for kindergarten to be offered in the child’s home, which includes, without limitation, assigning licensed educational personnel to assist and consult with the parent or guardian as necessary.

2. The board of trustees of a school district in which a kindergarten is to be established under the provisions of this title of NRS shall budget for this purpose by including the costs in the next regular budget for the school district.

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

NRS 388.070 Maintenance of schools with equal rights and privileges. When feasible, boards of trustees must maintain all the schools established by them for an equal length of time during the year and, as far as practicable, with equal rights and privileges.

[242:32:1956]

NRS 388.075 Period of silence. Every school district shall set aside a period at the beginning of each school day, during which all persons must be silent, for voluntary individual meditation, prayer or reflection by pupils.

(Added to NRS by 1977, 634)

SCHOOL YEAR; MINIMUM NUMBER OF DAYS; HOLIDAYS

NRS 388.080 School year.

1. Except as otherwise provided in subsection 2, the public school year commences on the 1st day of July and ends on the last day of June.

2. After notification to the Superintendent of Public Instruction that an extended school year program will be operative, any county school district may request extension of the school year beyond the last day of June for each year of such program.

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

1. Except as otherwise provided in this section, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.

2. Except for an alternative schedule described in subsection 3, the Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize the school district to provide a program of instruction based on an alternative schedule if the number of minutes of instruction to be provided is equal to or greater than the number of minutes of instruction that would be provided in a program of instruction consisting of 180 school days. The Superintendent of Public Instruction shall notify the board of trustees of the school district of the approval or denial of the application not later than 30 days after the Superintendent of Public Instruction receives the application. An alternative schedule proposed pursuant to this subsection must be developed in accordance with chapter 288 of NRS. If a school district is located in a county whose population is 100,000 or more, the board of trustees of the school district may not submit an application pursuant to this subsection unless the proposed alternative schedule of the school district:

(a) Will apply only to a rural portion or a remote portion of the county in which the school district is located, as defined by the State Board pursuant to subsection 9; or

(b) Is designed solely for the purpose of providing regular professional development to educational personnel and such professional development is focused on analyzing and discussing measures of the performance of pupils and identifying appropriate instructional strategies to improve the achievement of pupils.

3. The Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize a reduction of not more than 15 school days in that particular district to establish or maintain an alternative schedule consisting of a 12-month school program if the board of trustees demonstrates that the proposed alternative schedule for the program provides for a number of minutes of instruction that is equal to or greater than that which would be provided under a program consisting of 180 school days. Before authorizing a reduction in the number of required school days pursuant to this subsection, the Superintendent of Public Instruction must find that the proposed alternative schedule will be used to alleviate problems associated with a growth in enrollment or overcrowding.

4. The Superintendent of Public Instruction may, upon application by a board of trustees, authorize the addition of minutes of instruction to any scheduled day of free school if days of free school are lost because of any interscholastic activity. Not more than 5 days of free school so lost may be rescheduled in this manner. The provisions of this subsection do not apply to an alternative schedule approved pursuant to subsection 2.

5. The number of minutes of instruction required for a particular group of pupils in a program of instruction based on an alternative schedule approved pursuant to this section must be determined by multiplying the appropriate minimum daily period of instruction established by the State Board by regulation for that particular group of pupils by 180.

6. Each school district shall schedule at least 3 contingent days of school, or its equivalent if the school district operates under an alternative schedule authorized pursuant to this section, in addition to the number of days required by this section, which must be used if a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within the district. The 3 contingent days of school, or its equivalent, may be scheduled as:

(a) Full days of school;

(b) An equivalent number of minutes of instruction added to any scheduled day of instruction, except that the minutes added must not be less than 30 minutes per school day; or

7. If more than 3 days of free school or minutes of instruction equaling 3 days of free school, or the equivalent if the school district operates under an alternative schedule authorized pursuant to this section, are lost because a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within a school district, the Superintendent of Public Instruction, upon application by the school district, may permit the additional days or equivalent minutes of instruction lost to be counted as school days in session. The application must be submitted in the manner prescribed by the Superintendent of Public Instruction.

8. The Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize additional days or minutes of instruction for a program of remedial education that is fully paid for through the school district, including, without limitation, the provision of transportation. If the Superintendent of Public Instruction authorizes such additional days or minutes, the board of trustees may adopt a policy prescribing the minimum number of days of attendance or the minimum number of minutes of attendance for a pupil who is determined to need such remedial education. If the board of trustees adopts such a policy, the policy must include, without limitation, the criteria for determining that a pupil be enrolled in the program of remedial education, the procedure pursuant to which parents and guardians will be notified of the pupil’s progress throughout the school year and a process for appealing a determination regarding a pupil’s need for remedial education.

9. The State Board shall adopt regulations:

(a) Providing procedures for changing schedules of instruction to be used if a natural disaster, inclement weather or an accident necessitates the closing of a particular school within a school district.

(b) Defining a rural portion of a county and a remote portion of a county for the purposes of subsection 2.

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

NRS 388.110 Closing public schools for legal holidays. No school may be kept open on any day declared to be a legal holiday pursuant to NRS 236.015.

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

PROVISION OF SAFE AND RESPECTFUL LEARNING ENVIRONMENT

General Provisions

NRS 388.121 Definitions. As used in NRS 388.121 to 388.139, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.122 to 388.129, inclusive, have the meanings ascribed to them in those sections.

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

NRS 388.122 “Bullying” defined. “Bullying” means a willful act which is written, verbal or physical, or a course of conduct on the part of one or more persons which is not authorized by law and which exposes a person one time or repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person and:

1. Is intended to cause or actually causes the person to suffer harm or serious emotional distress;

2. Places the person in reasonable fear of harm or serious emotional distress; or

3. Creates an environment which is hostile to a pupil by interfering with the education of the pupil.

(Added to NRS by 2009, 687; A 2011, 2245)

NRS 388.123 “Cyber-bullying” defined. “Cyber-bullying” means bullying through the use of electronic communication. The term includes the use of electronic communication to transmit or distribute a sexual image of a minor. As used in this section, “sexual image” has the meaning ascribed to it in NRS 200.737.

(Added to NRS by 2009, 687; A 2011, 1062)

NRS 388.124 “Electronic communication” defined. “Electronic communication” means the communication of any written, verbal or pictorial information through the use of an electronic device, including, without limitation, a telephone, a cellular phone, a computer or any similar means of communication.

(Added to NRS by 2009, 687)

NRS 388.125 “Harassment” defined. “Harassment” means a willful act which is written, verbal or physical, or a course of conduct that is not otherwise authorized by law, is highly offensive to a reasonable person and:

1. Is intended to cause or actually causes another person to suffer serious emotional distress;

2. Places a person in reasonable fear of harm or serious emotional distress; or

3. Creates an environment which is hostile to a pupil by interfering with the education of the pupil.

(Added to NRS by 2001, 1928; A 2011, 2245)

NRS 388.129 “Intimidation” defined. “Intimidation” means a willful act which is written, verbal or physical, or a course of conduct that is not otherwise authorized by law, is highly offensive to a reasonable person and:

1. Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person;

2. Places a person in reasonable fear of harm or serious emotional distress; or

3. Creates an environment which is hostile to a pupil by interfering with the education of the pupil.

(Added to NRS by 2001, 1928; A 2011, 2245)

NRS 388.132 Legislative declaration concerning safe and respectful learning environment. The Legislature declares that:

1. A learning environment that is safe and respectful is essential for the pupils enrolled in the public schools in this State to achieve academic success and meet this State’s high academic standards;

2. Any form of bullying, cyber-bullying, harassment or intimidation in public schools seriously interferes with the ability of teachers to teach in the classroom and the ability of pupils to learn;

3. The use of the Internet by pupils in a manner that is ethical, safe and secure is essential to a safe and respectful learning environment and is essential for the successful use of technology;

4. The intended goal of the Legislature is to ensure that:

(a) The public schools in this State provide a safe and respectful learning environment in which persons of differing beliefs, characteristics and backgrounds can realize their full academic and personal potential;

(b) All administrators, principals, teachers and other personnel of the school districts and public schools in this State demonstrate appropriate behavior on the premises of any public school by treating other persons, including, without limitation, pupils, with civility and respect and by refusing to tolerate bullying, cyber-bullying, harassment or intimidation; and

(c) All persons in public schools are entitled to maintain their own beliefs and to respectfully disagree without resorting to bullying, cyber-bullying, violence, harassment or intimidation; and

5. By declaring its goal that the public schools in this State provide a safe and respectful learning environment, the Legislature is not advocating or requiring the acceptance of differing beliefs in a manner that would inhibit the freedom of expression, but is requiring that pupils with differing beliefs be free from abuse and harassment.

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

NRS 388.1325 Bullying Prevention Fund: Creation; acceptance of gifts and grants; credit of interest and income; authorized uses by school district that receives grant.

1. The Bullying Prevention Fund is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants from any source for deposit into the Fund. The interest and income earned on the money in the Fund must be credited to the Fund.

2. In accordance with the regulations adopted by the State Board pursuant to NRS 388.1327, a school district that applies for and receives a grant of money from the Bullying Prevention Fund shall use the money for one or more of the following purposes:

(a) The establishment of programs to create a school environment that is free from bullying, cyber-bullying, harassment and intimidation;

(b) The provision of training on the policies adopted by the school district pursuant to NRS 388.134 and the provisions of NRS 388.121 to 388.139, inclusive; or

(c) The development and implementation of procedures by which the public schools of the school district and the pupils enrolled in those schools can discuss the policies adopted pursuant to NRS 388.134 and the provisions of NRS 388.121 to 388.139, inclusive.

(Added to NRS by 2011, 2242)

NRS 388.1327 Regulations. The State Board shall adopt regulations:

1. Establishing the process whereby school districts may apply to the State Board for a grant of money from the Bullying Prevention Fund pursuant to NRS 388.1325.

2. As are necessary to carry out the provisions of NRS 388.121 to 388.139, inclusive.

(Added to NRS by 2011, 2244)

Policies; Informational Pamphlet; Program of Training

NRS 388.133 Policy by Department concerning safe and respectful learning environment.

1. The Department shall, in consultation with the boards of trustees of school districts, educational personnel, local associations and organizations of parents whose children are enrolled in public schools throughout this State, and individual parents and legal guardians whose children are enrolled in public schools throughout this State, prescribe by regulation a policy for all school districts and public schools to provide a safe and respectful learning environment that is free of bullying, cyber-bullying, harassment and intimidation.

2. The policy must include, without limitation:

(a) Requirements and methods for reporting violations of NRS 388.135; and

(b) A policy for use by school districts to train administrators, principals, teachers and all other personnel employed by the board of trustees of a school district. The policy must include, without limitation:

(1) Training in the appropriate methods to facilitate positive human relations among pupils without the use of bullying, cyber-bullying, harassment and intimidation so that pupils may realize their full academic and personal potential;

(2) Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and

(3) Methods to teach skills to pupils so that the pupils are able to replace inappropriate behavior with positive behavior.

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

1. Adopt the policy prescribed pursuant to NRS 388.133 and the policy prescribed pursuant to subsection 2 of NRS 389.520. The board of trustees may adopt an expanded policy for one or both of the policies if each expanded policy complies with the policy prescribed pursuant to NRS 388.133 or pursuant to subsection 2 of NRS 389.520, as applicable.

2. Provide for the appropriate training of all administrators, principals, teachers and all other personnel employed by the board of trustees in accordance with the policies prescribed pursuant to NRS 388.133 and pursuant to subsection 2 of NRS 389.520.

3. Post the policies adopted pursuant to subsection 1 on the Internet website maintained by the school district.

4. Ensure that the parents and legal guardians of pupils enrolled in the school district have sufficient information concerning the availability of the policies, including, without limitation, information that describes how to access the policies on the Internet website maintained by the school district. Upon the request of a parent or legal guardian, the school district shall provide the parent or legal guardian with a written copy of the policies.

5. Review the policies adopted pursuant to subsection 1 on an annual basis and update the policies if necessary. If the board of trustees of a school district updates the policies, the board of trustees must submit a copy of the updated policies to the Department within 30 days after the update.

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

NRS 388.1341 Development of informational pamphlet by Department; annual review and update; posting on Internet website; development of tutorial.

1. The Department, in consultation with persons who possess knowledge and expertise in bullying, cyber-bullying, harassment and intimidation in public schools, shall, to the extent money is available, develop an informational pamphlet to assist pupils and the parents or legal guardians of pupils enrolled in the public schools in this State in resolving incidents of bullying, cyber-bullying, harassment or intimidation. If developed, the pamphlet must include, without limitation:

(a) A summary of the policy prescribed by the Department pursuant to NRS 388.133 and the provisions of NRS 388.121 to 388.139, inclusive;

(b) A description of practices which have proven effective in preventing and resolving violations of NRS 388.135 in schools, which must include, without limitation, methods to identify and assist pupils who are at risk for bullying, cyber-bullying, harassment or intimidation; and

(c) An explanation that the parent or legal guardian of a pupil who is involved in a reported violation of NRS 388.135 may request an appeal of a disciplinary decision made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.

2. If the Department develops a pamphlet pursuant to subsection 1, the Department shall review the pamphlet on an annual basis and make such revisions to the pamphlet as the Department determines are necessary to ensure the pamphlet contains current information.

3. If the Department develops a pamphlet pursuant to subsection 1, the Department shall post a copy of the pamphlet on the Internet website maintained by the Department.

4. To the extent the money is available, the Department shall develop a tutorial which must be made available on the Internet website maintained by the Department that includes, without limitation, the information contained in the pamphlet developed pursuant to subsection 1, if such a pamphlet is developed by the Department.

(Added to NRS by 2011, 2241)

1. The Department, in consultation with persons who possess knowledge and expertise in bullying, cyber-bullying, harassment and intimidation in public schools, shall:

(a) Establish a program of training on methods to prevent, identify and report incidences of bullying, cyber-bullying, harassment and intimidation in public schools for members of the State Board.

(b) Recommend a program of training on methods to prevent, identify and report incidences of bullying, cyber-bullying, harassment and intimidation in public schools for members of the boards of trustees of school districts.

(c) Recommend a program of training for school district personnel to assist those persons with carrying out their powers and duties pursuant to NRS 388.121 to 388.139, inclusive.

2. Each member of the State Board shall, within 1 year after the member is elected or appointed to the State Board, complete the program of training on bullying, cyber-bullying, harassment and intimidation in public schools established pursuant to paragraph (a) of subsection 1 and undergo the training at least one additional time while the person is a member of the State Board.

3. Each member of a board of trustees of a school district may complete the program of training on bullying, cyber-bullying, harassment and intimidation in public schools recommended pursuant to paragraph (b) of subsection 1 and may undergo the training at least one additional time while the person is a member of the board of trustees.

4. Each program of training established and recommended pursuant to subsection 1 must, to the extent money is available, be made available on the Internet website maintained by the Department or through another provider on the Internet.

5. The board of trustees of a school district may allow school district personnel to attend the program recommended pursuant to paragraph (c) of subsection 1 during regular school hours.

6. The Department shall review each program of training established and recommended pursuant to subsection 1 on an annual basis to ensure that the program contains current information concerning the prevention of bullying, cyber-bullying, harassment and intimidation.

(Added to NRS by 2011, 2242)

School Safety Team

NRS 388.1343 Establishment by principal of each school; duties of principal. The principal of each public school or his or her designee shall:

1. Establish a school safety team to develop, foster and maintain a school environment which is free from bullying, cyber-bullying, harassment and intimidation;

2. Conduct investigations of violations of NRS 388.135 occurring at the school; and

3. Collaborate with the board of trustees of the school district and the school safety team to prevent, identify and address reported violations of NRS 388.135 at the school.

(Added to NRS by 2011, 2243)

NRS 388.1344 Membership; chair; duties.

1. Each school safety team established pursuant to NRS 388.1343 must consist of the principal or his or her designee and the following persons appointed by the principal:

(a) A school counselor;

(b) At least one teacher who teaches at the school;

(d) Any other persons appointed by the principal.

2. The principal or his or her designee shall serve as the chair of the school safety team.

3. The school safety team shall:

(a) Meet at least two times each year;

(b) Identify and address patterns of bullying, cyber-bullying, harassment or intimidation at the school;

(d) Provide information to school personnel, pupils enrolled in the school and parents and legal guardians of pupils enrolled in the school on methods to address bullying, cyber-bullying, harassment and intimidation; and

(e) To the extent money is available, participate in any training conducted by the school district regarding bullying, cyber-bullying, harassment and intimidation.

(Added to NRS by 2011, 2243)

Prohibition of Bullying, Cyber-Bullying, Harassment and Intimidation; Reports of Violations

NRS 388.1345 Compilation of reports by Superintendent of Public Instruction; submission of written compilation to Attorney General. [Replaced in revision by NRS 388.1355.]

NRS 388.135 Bullying, cyber-bullying, harassment and intimidation prohibited. A member of the board of trustees of a school district, any employee of the board of trustees, including, without limitation, an administrator, principal, teacher or other staff member, or any pupil shall not engage in bullying, cyber-bullying, harassment or intimidation on the premises of any public school, at an activity sponsored by a public school or on any school bus.

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

NRS 388.1351 Staff member required to report violation to principal; time period for initiation and completion of investigation; authorization for parent to appeal disciplinary decision.

1. A teacher or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall verbally report the violation to the principal or his or her designee on the day on which the teacher or other staff member witnessed the violation or received information regarding the occurrence of a violation.

2. The principal or his or her designee shall initiate an investigation not later than 1 day after receiving notice of the violation pursuant to subsection 1. The investigation must be completed within 10 days after the date on which the investigation is initiated and, if a violation is found to have occurred, include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.

3. The parent or legal guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a disciplinary decision of the principal or his or her designee, made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.

(Added to NRS by 2011, 2244)

NRS 388.1352 Establishment of policy by school districts for employees to report violations to law enforcement. The board of trustees of each school district, in conjunction with the school police officers of the school district, if any, and the local law enforcement agencies that have jurisdiction over the school district, shall establish a policy for the procedures which must be followed by an employee of the school district when reporting a violation of NRS 388.135 to a school police officer or local law enforcement agency.

(Added to NRS by 2011, 2244)

NRS 388.1353 Principal required to submit report of violations for each semester to school district; review and compilation of reports by school district; submission of compilation to Department.

1. On or before January 1 and June 30 of each year, the principal of each public school shall submit to the board of trustees of the school district a report on the violations of NRS 388.135 which are reported during the previous school semester. The report must include, without limitation:

(a) The number of violations of NRS 388.135 occurring at the school or otherwise involving a pupil enrolled at the school which are reported during that period; and

(b) Any actions taken at the school to reduce the number of incidences of bullying, cyber-bullying, harassment and intimidation, including, without limitation, training that was offered or other policies, practices and programs that were implemented.

2. The board of trustees of each school district shall review and compile the reports submitted pursuant to subsection 1 and, on or before August 1, submit a compilation of the reports to the Department.

(Added to NRS by 2011, 2244)

NRS 388.1355 Compilation of reports by Superintendent of Public Instruction; submission of written compilation to Attorney General. The Superintendent of Public Instruction shall:

1. Compile the reports submitted pursuant to NRS 388.1353 and prepare a written report of the compilation.

2. On or before October 1 of each year, submit the written compilation to the Attorney General.

(Added to NRS by 2005, 705; A 2011, 2246)—(Substituted in revision for NRS 388.1345)

NRS 388.136 School officials prohibited from interfering with disclosure of violations.

1. A school official shall not directly or indirectly interfere with or prevent the disclosure of information concerning a violation of NRS 388.135.

2. As used in this section, “school official” means:

(a) A member of the board of trustees of a school district; or

(b) A licensed or unlicensed employee of a school district.

(Added to NRS by 2005, 705)

NRS 388.137 Immunity for reporting of violations; exceptions. No cause of action may be brought against a pupil or an employee or volunteer of a school who reports a violation of NRS 388.135 unless the person who made the report acted with malice, intentional misconduct, gross negligence, or intentional or knowing violation of the law.

(Added to NRS by 2005, 705)

NRS 388.139 Text of certain provisions required to be included in rules of behavior. Each school district shall include the text of the provisions of NRS 388.121 to 388.139, inclusive, and the policies adopted by the board of trustees of the school district pursuant to NRS 388.134 under the heading “Bullying, Cyber-Bullying, Harassment and Intimidation Is Prohibited in Public Schools,” within each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463.

(Added to NRS by 2001, 1929; A 2005, 706; 2009, 688; 2011, 2246)

PROHIBITED INSTRUCTION

NRS 388.150 Sectarian and denominational publications and instruction; forfeiture of public school money for violation; authority to comply with federal Equal Access Act.

1. No books, tracts or papers of a sectarian or denominational character may be used or introduced in any public school established pursuant to the provisions of this title of NRS, nor may any sectarian or denominational doctrines be taught in any public school.

2. Any school district or charter school whose officers knowingly allow any public schools to be taught in violation of this section forfeits all right to any public school funds.

3. Nothing in this section prohibits a school district or charter school from complying with applicable federal laws, such as the Equal Access Act, 20 U.S.C. §§ 4071 et seq.

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

ELEMENTARY SCHOOLS

NRS 388.155 Foster care children enrolled in elementary school; development of academic plan required; annual review and modification of plan; use of plan to manage pupil’s educational development.

1. The board of trustees of each school district shall adopt a policy for each elementary school in the school district to develop an academic plan for each pupil enrolled in the elementary school for whom the school is informed is a foster child. An academic plan must include consideration of the unique circumstances and educational background of the child and be developed with the goal of achieving academic success.

2. An academic plan must be reviewed and revised each year with appropriate modifications for the grade level of the pupil. A new academic plan must be developed for any pupil who transfers to an elementary school for whom the school is informed is a foster child.

3. An academic plan for a pupil must be used as a guide to plan, monitor and manage the pupil’s educational development and make determinations of any assistance that may be necessary to the academic success of the pupil.

(Added to NRS by 2011, 2668)

MIDDLE SCHOOLS AND JUNIOR HIGH SCHOOLS

NRS 388.165 Development of academic plan required. [Effective July 1, 2013.]

1. The board of trustees of each school district shall adopt a policy for each middle school and junior high school in the school district to develop an academic plan for each pupil enrolled in the grade level at which the middle school or junior high school initially enrolls pupils. The academic plan must set forth:

(a) The specific educational goals that the pupil intends to achieve before promotion to high school;

(b) An identification of the courses required for promotion to high school;

(c) An identification of all honors courses, career and technical education courses and other educational programs, courses and pathways available to the pupil which will assist in the advancement of the education of the pupil; and

(d) A description of the expectations of the teachers of pupils who are enrolled in middle school or junior high school.

2. The policy must require each pupil enrolled in his or her initial year at the middle school or junior high school and the pupil’s parent or legal guardian to:

(a) Have sufficient opportunities to work in consultation with a school counselor to develop an academic plan for the pupil;

(b) Review the academic plan; and

(c) Review the academic plan at least once each school year until the pupil is promoted to high school in consultation with the school counselor and revise the plan as necessary.

3. If a pupil enrolls in a middle school or junior high school after the initial year of enrollment for that middle school or junior high school, an academic plan must be developed for that pupil with appropriate modifications for the grade level of the pupil.

4. An academic plan for a pupil must be used as a guide for the pupil and the pupil’s parent or legal guardian to plan, monitor and manage the pupil’s educational development and make determinations of the appropriate courses of study for the pupil. If the pupil does not satisfy all the educational goals set forth in the academic plan, the pupil is eligible for promotion to high school if the pupil otherwise satisfies the requirements for promotion to high school.

(Added to NRS by 2009, 1332; A 2011, 3504, effective July 1, 2013)

NRS 388.171 Pilot program for small learning communities required in certain schools. [Effective July 1, 2013.]

1. The board of trustees of each school district which includes at least one middle school or junior high school with an enrollment of 500 pupils or more shall adopt a pilot program to provide a program of small learning communities for pupils enrolled in the grade level at which those middle schools or junior high schools initially enroll pupils. The pilot program must be implemented in at least 50 percent of the middle schools and junior high schools in the school district with an enrollment of 500 pupils or more and must require:

(a) Where practicable, the designation of a separate area geographically within the middle school or junior high school where the pupils enrolled in their initial year at the middle school or junior high school attend classes;

(b) The collection and maintenance of information relating to pupils enrolled in their initial year at the middle school or junior high school, including, without limitation, credits earned, attendance, truancy and indicators that a pupil may be at risk of dropping out of middle school or junior high school;

(c) Based upon the information collected pursuant to paragraph (b), the timely identification of any special needs of a pupil enrolled in his or her initial year at the middle school or junior high school, including, without limitation, any need for programs of remedial study for a particular subject area and appropriate counseling;

(d) Methods to increase the involvement of parents and legal guardians of pupils enrolled in their initial year in a middle school or junior high school in the education of their children; and

(e) The assignment of:

(1) Guidance counselors;

(2) At least one licensed school administrator or a designee of such an administrator; and

(3) Appropriate adult mentors,

Ê specifically for the pupils enrolled in their initial year at the middle school or junior high school.

2. The principal of a middle school or junior high school in which 500 pupils or more are enrolled and which the board of trustees of the school district has designated to participate in the pilot program adopted pursuant to subsection 1 shall:

(a) Carry out a program of small learning communities in accordance with the pilot program; and

(b) Submit an annual report, on a date prescribed by the board of trustees, that sets forth the specific strategies, programs and methods which are used to focus on the pupils enrolled in their initial year at the middle school or junior high school, including, without limitation, the program of mentoring provided pursuant to NRS 388.176.

(Added to NRS by 2009, 1332; A 2011, 3502, 3504, effective July 1, 2013)

NRS 388.176 Adoption of policy for peer mentoring.

1. The board of trustees of each school district shall adopt a policy for each middle school and junior high school in the school district to provide a program of peer mentoring, which may include a component of adult mentoring, for pupils enrolled in the grade level at which the middle school or junior high school initially enrolls pupils. The policy must be designed to increase the ability of those pupils to successfully make the transition from elementary school to middle school or junior high school.

2. The principal of each middle school or junior high school shall:

(a) Carry out a program of mentoring in accordance with the policy adopted by the board of trustees pursuant to subsection 1; and

(b) Submit an annual report to the board of trustees on:

(1) The specific activities of the program of mentoring; and

(2) The effectiveness of the program of mentoring in increasing the ability of pupils to successfully make the transition to middle school or junior high school.

3. This section does not prohibit a middle school or junior high school from continuing any other similar program of mentoring that the middle school or junior high school currently provides in a manner that is consistent with the policy prescribed by the board of trustees.

(Added to NRS by 2009, 1333)

NRS 388.181 Adoption of policy for pupil-led conferences.

1. The board of trustees of each school district shall adopt a policy which allows the board of trustees to require a pupil enrolled in a middle school or junior high school in the school district to conduct a pupil-led conference between the pupil, the pupil’s parent or legal guardian and the pupil’s teacher to review the educational development of the pupil at least once during the enrollment of the pupil in the middle school or junior high school. The policy must include, without limitation:

(a) Guidelines for preparing the pupil to conduct the conference, including, without limitation, the appropriate structure of a conference and topics of discussion for the conference; and

(b) A method for the pupil, the pupil’s parent or legal guardian and the teacher to provide an evaluation of the conference.

2. If a pupil is required to conduct a pupil-led conference, the conference must be used as a guide for the pupil and the parent or legal guardian of the pupil to monitor the pupil’s educational development. If the pupil does not conduct a pupil-led conference or if the parent or legal guardian of the pupil does not attend a pupil-led conference, the pupil is eligible for promotion to high school if the pupil otherwise satisfies the requirements for promotion to high school.

(Added to NRS by 2009, 1334)

HIGH SCHOOLS

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

1. The board of trustees of each school district shall adopt a policy for each public school in the school district in which ninth grade pupils are enrolled to develop a 4-year academic plan for each of those pupils. The academic plan must set forth the specific educational goals that the pupil intends to achieve before graduation from high school. The plan may include, without limitation, the designation of a career pathway and enrollment in dual credit courses, career and technical education courses, advanced placement courses and honors courses.

2. The policy may ensure that each pupil enrolled in ninth grade and the pupil’s parent or legal guardian are provided with, to the extent practicable, the following information:

(a) The advanced placement courses, honors courses, international baccalaureate courses, dual credit courses, career and technical education courses, including, without limitation, career and technical skills-building programs, and any other educational programs, pathways or courses available to the pupil which will assist the pupil in the advancement of his or her education;

(b) The courses of study which the Department recommends that pupils take to prepare the pupils to successfully meet the academic challenges of the high school proficiency examination and pass that examination;

(d) The requirements for admission to the Nevada System of Higher Education and the eligibility requirements for a Governor Guinn Millennium Scholarship; and

(e) The charter schools within the school district.

3. The policy required by subsection 1 must require each pupil enrolled in ninth grade and the pupil’s parent or legal guardian to:

(a) Be notified of opportunities to work in consultation with a school counselor to develop and review an academic plan for the pupil;

(b) Sign the academic plan; and

(c) Review the academic plan at least once each school year in consultation with a school counselor and revise the plan if necessary.

4. If a pupil enrolls in a high school after ninth grade, an academic plan must be developed for that pupil with appropriate modifications for the grade level of the pupil.

5. If the administration of the high school proficiency examination in the subject area of mathematics or science, or both, is postponed for a pupil pursuant to NRS 389.016, the pupil’s academic plan must be revised in consultation with the pupil’s teacher who provides instruction in the applicable subject area and the pupil’s parent or legal guardian as set forth in NRS 389.016.

6. An academic plan for a pupil must be used as a guide for the pupil and the parent or legal guardian of the pupil to plan, monitor and manage the pupil’s educational and occupational development and make determinations of the appropriate courses of study for the pupil. If a pupil does not satisfy all the goals set forth in the academic plan, the pupil is eligible to graduate and receive a high school diploma if the pupil otherwise satisfies the requirements for a diploma.

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

NRS 388.215 Program of small learning communities required for ninth grade pupils enrolled in larger schools. [Effective through June 30, 2013.]

1. The board of trustees of each school district which includes at least one high school with an enrollment of 1,200 pupils or more, including pupils enrolled in ninth grade, shall adopt a policy for each of those high schools to provide a program of small learning communities. The policy must require:

(a) Where practicable, the designation of a separate area geographically within the high school where the pupils enrolled in ninth grade attend classes;

(b) The collection and maintenance of information relating to pupils enrolled in ninth grade, including, without limitation, credits earned, attendance, truancy and indicators that a pupil may be at risk of dropping out of high school;

(c) Based upon the information collected pursuant to paragraph (b), the timely identification of any special needs of a pupil enrolled in ninth grade, including, without limitation, any need for programs of remedial study for a particular subject area and appropriate counseling;

(d) Methods to increase the involvement of parents and legal guardians of pupils enrolled in ninth grade in the education of their children; and

(e) The assignment of:

(1) Guidance counselors;

(2) At least one licensed school administrator; and

(3) Appropriate adult mentors,

Ê specifically for the pupils enrolled in ninth grade.

2. The principal of each high school in which 1,200 pupils or more are enrolled, including pupils enrolled in ninth grade, shall:

(a) Carry out a program of small learning communities in accordance with the policy prescribed by the board of trustees pursuant to subsection 1; and

(b) Submit an annual report, on a date prescribed by the board of trustees, that sets forth the specific strategies, programs and methods that are used to focus on the pupils enrolled in ninth grade at the school.

(Added to NRS by 2007, 2178)

1. The board of trustees of each school district which includes at least one high school with an enrollment of 1,200 pupils or more, including pupils enrolled in ninth grade, shall adopt a pilot program to provide a program of small learning communities. The pilot program must be implemented in at least 50 percent of the high schools in the school district with an enrollment of 1,200 pupils or more and must require:

(a) Where practicable, the designation of a separate area geographically within the high school where the pupils enrolled in ninth grade attend classes;

(d) Methods to increase the involvement of parents and legal guardians of pupils enrolled in ninth grade in the education of their children; and

(e) The assignment of:

(1) Guidance counselors;

(2) At least one licensed school administrator; and

(3) Appropriate adult mentors,

Ê specifically for the pupils enrolled in ninth grade.

2. The principal of a high school in which 1,200 pupils or more are enrolled, including pupils enrolled in ninth grade, and which the board of trustees of the school district has designated to participate in the pilot program adopted pursuant to subsection 1 shall:

(a) Carry out a program of small learning communities in accordance with the pilot program; and

(Added to NRS by 2007, 2178; A 2011, 3499, effective July 1, 2013)

NRS 388.221 Adoption of policy for peer mentoring.

1. The board of trustees of each school district may adopt a policy for the public high schools in the district to provide a program of teen mentoring, which may include a component of adult mentoring, designed to:

(a) Increase pupil participation in school activities, community activities and all levels of government; or

(b) Increase the ability of ninth grade pupils enrolled in high school to successfully make the transition from middle school or junior high school to high school,

Ê or both.

2. Any such policy must include, without limitation:

(a) Guidelines for establishing:

(1) Eligibility requirements for pupils who participate in the program as mentors or mentees, including, without limitation, any minimum grade level for pupils who serve as mentors and any minimum grade point average that must be maintained by pupils who serve as mentors. The guidelines may not require a pupil who participates in the program to maintain a grade point average that is higher than the grade point average required for a pupil to participate in sports at the high school the pupil attends.

(2) Training requirements for pupils who serve as mentors.

(3) Incentives for pupils who serve as mentors.

(b) A requirement that each public high school which establishes a program for teen mentoring must also establish a committee to select each pupil mentor who participates in the program. The policy must provide that the committee may select a pupil who does not meet the general eligibility requirements for mentors if the members of the committee determine that the pupil is otherwise qualified to serve as a mentor.

3. If the board of trustees of a school district has adopted a policy pursuant to subsection 1, the principal of each public high school in the district may:

(a) Carry out a program of teen mentoring in accordance with the policy prescribed by the board of trustees pursuant to subsection 1;

(b) Adopt other policies for the program of teen mentoring that are consistent with this section and the policy prescribed by the board of trustees pursuant to subsection 1; and

(c) On a date prescribed by the board of trustees, submit an annual report to the board of trustees and the Legislature that sets forth a summary of:

(1) The specific activities of the program of teen mentoring; and

(2) The effectiveness of the program in increasing pupil participation in school activities, community activities and all levels of government or in increasing the ability of ninth grade pupils to successfully make the transition from middle school or junior high school to high school, as applicable to the type of program in effect at the school.

4. If the board of trustees of a school district has not adopted a policy pursuant to subsection 1, the principal of a public high school in the district may carry out a program of teen mentoring and take any action described in paragraph (b) or (c) of subsection 3 if:

(a) The principal submits to the board of trustees for its approval a plan for such a program of teen mentoring that is consistent with the provisions of this section; and

(b) The board of trustees approves the plan.

5. A plan submitted to a board of trustees of a school district pursuant to subsection 4 shall be deemed approved if the board of trustees does not act upon the plan within 60 days after the date on which the board of trustees receives the plan.

6. The board of trustees of each school district and each public high school may apply for and accept gifts, grants and donations from any source for the support of the board of trustees or a public high school in carrying out a program of teen mentoring pursuant to the provisions of this section. Any money received pursuant to this subsection may be used only for purposes of carrying out a program of teen mentoring pursuant to the provisions of this section.

7. This section does not preclude a board of trustees of a school district or a public high school from continuing any other similar program of teen mentoring that exists on May 22, 2009.

(Added to NRS by 2009, 652)

NRS 388.225 Establishment of plan to prepare pupils for educational requirements of postsecondary education and success in workplace; report on progress of plan. [Effective through June 29, 2014.]

1. The Department may work in consultation with the Nevada System of Higher Education to establish a plan which sets forth clearly defined goals and benchmarks for pupils enrolled in the public high schools to ensure that those pupils are adequately prepared for the educational requirements of postsecondary education and for success in the workplace, including, without limitation, methods to ensure that the high school standards, graduation requirements and assessments are aligned with college and workforce readiness expectations.

2. If such a plan is established, the Superintendent of Public Instruction shall:

(a) On or before February 1 of each odd-numbered year, submit a report on the progress of the plan to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature; and

(b) On or before February 1 of each even-numbered year, submit a report on the progress of the plan to the Legislative Committee on Education.

(Added to NRS by 2011, 632)

CAREER AND TECHNICAL EDUCATION

State Board for Career and Technical Education; Gift Fund for Career and Technical Education

NRS 388.330 Composition of Board. The State Board for Career and Technical Education consists of the members of the State Board of Education.

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

NRS 388.340 Duties of Executive Officer.

1. The Superintendent of Public Instruction shall serve as Executive Officer of the State Board for Career and Technical Education.

2. The Executive Officer shall:

(a) Employ personnel for such positions as are approved by the State Board for Career and Technical Education and necessary to carry out properly the provisions of this title relating to career and technical education.

(b) Carry into effect the regulations of the State Board for Career and Technical Education.

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

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

NRS 388.350 Meetings. The State Board for Career and Technical Education may hold at least four meetings regularly in each year at the State Capital, coincident with the meetings of the State Board of Education.

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

NRS 388.360 Powers. The State Board for Career and Technical Education may:

1. Cooperate with any federal agency, board or department designated to administer the Acts of Congress apportioning federal money to the State of Nevada for career and technical education.

2. Establish policies and adopt regulations for the administration of any legislation enacted pursuant thereto by the State of Nevada.

3. Establish policies and adopt regulations for the administration of money provided by the Federal Government and the State of Nevada for the promotion, extension and improvement of career and technical education in Nevada.

4. Establish policies or regulations and formulate plans for the promotion of career and technical education in such subjects as are an essential and integral part of the system of public education in the State of Nevada.

5. Establish policies to provide for the preparation of teachers of such programs and subjects.

6. Approve positions for such persons as may be necessary to administer the federal act and provisions of this title enacted pursuant thereto for the State of Nevada.

7. Direct its Executive Officer to make studies and investigations relating to career and technical education.

8. Establish policies to promote and aid in the establishment by local communities of schools, departments or classes giving training in career and technical subjects.

9. Cooperate with local communities in the maintenance of such schools, departments or classes.

10. Prescribe qualifications for the teachers, directors and supervisors of career and technical subjects.

11. Provide for the certification of such teachers, directors and supervisors.

12. Establish policies or regulations to cooperate in the maintenance of classes supported and controlled by the public for the preparation of the teachers, directors and supervisors of career and technical subjects, or maintain such classes under its own direction and control.

13. Establish by regulation the qualifications required for persons engaged in the training of teachers for career and technical education.

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

NRS 388.365 Designation of Fund; use of money.

1. All gifts of money which the State Board for Career and Technical Education is authorized to accept must be deposited in a permanent trust fund in the State Treasury designated as the Gift Fund for Career and Technical Education.

2. The money available in the Fund must be used only for the purpose specified by the donor, within the scope of the Board’s powers and duties. The Board may adopt regulations or establish policies for the disbursement of money from the Fund in accordance with the terms of the gift or bequest on warrants of the State Controller issued upon the orders of the Executive Officer of the State Board for Career and Technical Education. Any expenditures pursuant to this section may include matching state and federal money available for career and technical education.

3. If all or part of the money accepted by the Board from a donor is not expended before the end of the fiscal year in which the gift was accepted, the remaining balance of the amount donated must remain in the Fund until needed for the purpose specified by the donor.

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

NRS 388.370 Biennial report to Governor. The Executive Officer of the State Board for Career and Technical Education shall make a report biennially to the Governor.

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

Programs of Career and Technical Education

NRS 388.380 Establishment and maintenance of programs by school districts; endorsement on diploma indicating successful completion of program.

1. Except as otherwise provided in subsection 3, the board of trustees of a school district in a county whose population is 100,000 or more shall and any other board of trustees of a school district may:

(a) Establish and maintain a program of career and technical education giving instruction in the subjects approved by the State Board for Career and Technical Education.

(b) Raise and expend money for the establishment and maintenance of a program of career and technical education.

2. A pupil who successfully completes a program of career and technical education and who otherwise satisfies the requirements for graduation from high school must be awarded a high school diploma with an endorsement indicating that the pupil has successfully completed the program of career and technical education. The provisions of this subsection do not preclude a pupil from receiving more than one endorsement on his or her diploma, if applicable.

3. The board of trustees of each school district shall incorporate into the curriculum:

(a) Guidance and counseling in career and technical education in accordance with NRS 389.180; and

(b) Technology.

4. The State Board for Career and Technical Education shall adopt regulations prescribing the endorsement of career and technical education for a high school diploma.

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

NRS 388.385 Appointment of advisory technical skills committee by school districts; duties of committee; service without compensation.

1. If the board of trustees of a school district has established a program of career and technical education pursuant to NRS 388.380 and to the extent that money is available from this State or the Federal Government, the superintendent of schools of the school district shall appoint an advisory technical skills committee consisting of:

(a) Representatives of businesses and industries in the community;

(b) Employees of the school district who possess knowledge and experience in career and technical education;

(d) Parents and legal guardians of pupils enrolled in public schools in the school district;

(e) To the extent practicable, representatives of postsecondary educational institutions that provide career and technical education; and

(f) Other interested persons.

2. An advisory technical skills committee established pursuant to subsection 1 shall:

(a) Review the curriculum, design, content and operation of the program of career and technical education to determine its effectiveness in:

(1) Preparing pupils enrolled in the program to enter the workforce and meeting the needs of supplying an appropriately trained workforce to businesses and industries in the community; and

(2) Complying with the provisions of NRS 388.330 to 388.400, inclusive, and any regulations adopted pursuant thereto.

(b) Advise the school district regarding the curriculum, design, content, operation and effectiveness of the program of career and technical education.

(c) Provide technical assistance to the school district in designing and revising as necessary the curriculum for the program of career and technical education.

(d) In cooperation with businesses, industries, employer associations and employee organizations in the community, develop work-based experiences for pupils enrolled in the program of career and technical education. The work-based experiences must:

(1) Be designed:

(I) For pupils enrolled in grades 11 and 12, but may be offered to pupils enrolled in grades 9 and 10 upon the approval of the principal of the school where the program is offered.

(II) To prepare and train pupils to work as apprentices in business settings.

(2) Allow a pupil to earn academic credit for the work-based experience.

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

(f) Provide to the superintendent of schools of the school district any recommendations regarding the program of career and technical education and any actions of the committee.

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

3. The members of an advisory technical skills committee serve without compensation.

(Added to NRS by 2005, 1046)

Money

NRS 388.390 Certain school districts and charter schools entitled to share in available money. If the board of trustees of a school district or the governing body of a charter school organizes a program of career and technical education in accordance with the regulations adopted by the State Board for Career and Technical Education and the program has been approved by the Executive Officer of the Board, the school district or the charter school is entitled to share in federal and state money available for the promotion of career and technical education in the amount determined by the Executive Officer of the Board, in accordance with the regulations and policies of the Board.

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

NRS 388.400 Administration; State Treasurer as custodian.

1. The money for career and technical education must be provided for and raised in the manner specified in NRS 387.050 and 388.330 to 388.400, inclusive.

2. The State Treasurer is the custodian of the money and shall make disbursements therefrom on warrants of the State Controller issued upon the order of the Executive Officer of the State Board for Career and Technical Education.

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

PROGRAM TO TEACH ENGLISH LANGUAGE TO CERTAIN PUPILS

NRS 388.405 Establishment; regulations; submission of certain evaluations required by federal law. The State Board shall:

1. Establish a program to teach the English language to pupils who are limited English proficient.

2. Adopt regulations to carry out the program. The regulations must prescribe the procedure by which a school district may obtain a waiver from the requirements of the program.

3. Submit all evaluations required pursuant to 20 U.S.C. §§ 6801 et seq. and the regulations adopted pursuant thereto regarding the programs for pupils who are limited English proficient carried out pursuant to that provision of federal law to the:

(a) Governor;

(b) Committee;

(d) Board of trustees of each school district.

(Added to NRS by 1995, 2711; A 2003, 19th Special Session, 50)

PUPILS WITH DISABILITIES AND GIFTED AND TALENTED PUPILS

General Provisions

NRS 388.440 Definitions. As used in NRS 388.440 to 388.5317, inclusive:

1. “Gifted and talented pupil” means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

2. “Pupil who receives early intervening services” means a person enrolled in kindergarten or grades 1 to 12, inclusive, who is not a pupil with a disability but who needs additional academic and behavioral support to succeed in a regular school program.

3. “Pupil with a disability” means a person under the age of 22 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

[280:32:1956]—(NRS A 1969, 444; 1973, 1427, 1579, 1846; 1989, 691; 1993, 2159; 1999, 3241; 2007, 2919; 2009, 754; 2011, 800, 2705, 2715)

Educational Services and Programs

1. The Legislature declares that the basic support guarantee for each special education program unit established by law for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to pupils with disabilities and gifted and talented pupils residing in Nevada.

2. Subject to the provisions of NRS 388.440 to 388.520, inclusive, the board of trustees of each school district shall make such special provisions as may be necessary for the education of pupils with disabilities and gifted and talented pupils.

3. The board of trustees of a school district in a county whose population is less than 700,000 may provide early intervening services. Such services must be provided in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto.

4. The board of trustees of a school district shall establish uniform criteria governing eligibility for instruction under the special education programs provided for by NRS 388.440 to 388.520, inclusive. The criteria must prohibit the placement of a pupil in a program for pupils with disabilities solely because the pupil is a disciplinary problem in school. The criteria are subject to such standards as may be prescribed by the State Board.

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

NRS 388.460 Pupils not required to take advantage of special provisions for education. A pupil must not be required to take advantage of the special provisions for the education of pupils with disabilities or gifted and talented pupils if the parent or guardian of the pupil files a statement with the board of trustees of the school district showing that the pupil is receiving adequate educational advantages.

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

NRS 388.470 Placement of child in special program; effect of military transfer of parent of child.

1. Before any child is placed in a special program for pupils with disabilities or gifted and talented pupils:

(a) A consultation must be held with the child’s parents or guardian.

(b) An examination must be conducted for the purpose of finding the extent to which the child deviates from normal growth and development patterns. The examination must be conducted in accordance with standards prescribed by the State Board.

2. A psychiatrist may be consulted in any specific case when the board of trustees of a school district deems it necessary.

3. The board of trustees of a school district or the governing body of a charter school shall not place a child or authorize the placement of a child in a program for pupils with disabilities solely because the child is a disciplinary problem in school.

4. Pursuant to the provisions of NRS 392C.010, a child with a disability who transfers to a school in this State from a school inside or outside this State because of the military transfer of the parent or legal guardian of the child must initially be provided services that are comparable to the services the child received at his or her previous school under his or her current individualized education program until the placement of the child is determined pursuant to this section.

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

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

1. Except as otherwise provided in NRS 388.460, eligible pupils with disabilities must be admitted at the age of 3 years to special programs established for such pupils, and their enrollment or attendance may be counted for the purpose of apportionment.

2. Gifted and talented pupils may be admitted at the age of 4 years to special programs established for such pupils, and their enrollment or attendance may be counted for apportionment purposes.

[285:32:1956]—(NRS A 1969, 445; 1971, 548; 1973, 1429; 1975, 1119; 1989, 691, 1555; 1993, 2160)—(Substituted in revision for NRS 388.490)

1. The board of trustees of a school district or the governing body of a charter school shall conduct an initial evaluation of each pupil with autism spectrum disorder in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations prescribed by the State Board pursuant to NRS 388.520 and shall, once every 3 years thereafter, conduct a reevaluation in accordance with the Individuals with Disabilities Education Act and the regulations of the State Board. The individualized education program for the pupil must be reviewed, and amended as appropriate, in compliance with the Individuals with Disabilities Education Act and the regulations of the State Board.

2. The board of trustees of a school district or the governing body of a charter school shall ensure that each person who conducts an evaluation of a pupil with autism spectrum disorder is provided with technical assistance and training to improve the accuracy and efficiency in conducting such evaluations.

(Added to NRS by 2011, 2705, 2715)

NRS 388.483 Pupils with autism spectrum disorder: Department required to submit annual report to Aging and Disability Services Division.

1. The Department of Education shall report annually to the Aging and Disability Services Division of the Department of Health and Human Services information relating to pupils with autism spectrum disorders. The information must:

(a) Be submitted in the form required by the Aging and Disability Services Division; and

(b) Include the total number of pupils with autism spectrum disorders who are enrolled in public schools in this State, including all pupils with autism spectrum disorders who have an individualized education program.

2. A pupil with autism spectrum disorder who is designated as a pupil with more than one physical or mental impairment or disability must be included as a pupil with autism spectrum disorder for the purposes of reporting information pursuant to this section.

3. The reporting made pursuant to this section must comply with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any other applicable state and federal privacy laws.

(Added to NRS by 2011, 2705, 2715)

NRS 388.490 Ages for admission to special programs; enrollment counted for apportionment. [Replaced in revision by NRS 388.475.]

NRS 388.492 Pupil with a disability attains 18 years of age: Rights transfer to pupil; notice to parent and pupil; exception for pupil adjudicated incompetent.

1. Except as otherwise provided in this section and NRS 388.493, any right accorded to a parent of a pupil with a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or the regulations adopted pursuant thereto, transfers to the pupil when the pupil attains the age of 18 years.

2. Not less than 90 days before the date on which a pupil with a disability attains the age of 18 years, the school district or charter school in which the pupil is enrolled shall provide notice to the:

(a) Parent of the transfer of the parent’s rights pursuant to subsection 1 and of the process for submission of an application to the school district or charter school pursuant to NRS 388.493.

(b) Pupil concerning the transfer of rights to the pupil.

3. If a pupil with a disability attains the age of 18 years and the pupil is enrolled in a program of special education pursuant to NRS 388.440 to 388.5317, inclusive, the school district or charter school in which the pupil is enrolled shall provide any notice required pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto, or NRS 388.440 to 388.5317, inclusive, and the regulations adopted pursuant thereto, to the:

(a) Parent; and

(b) Pupil with a disability,

Ê regardless of whether the parent is appointed to represent the educational interests of the pupil pursuant to NRS 388.493 or the rights transfer to the pupil pursuant to subsection 1.

4. If a court of competent jurisdiction adjudicates a pupil with a disability incompetent and appoints a guardian for the pupil, all rights pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto, remain with or otherwise transfer to the guardian.

(Added to NRS by 2007, 2918)

NRS 388.493 Pupil with a disability attains 18 years of age: Application by parent to represent educational interests of pupil; duration of representation; appeal; regulations.

1. A parent of a pupil with a disability may, at least 90 days before the pupil attains 18 years of age, submit an application to the school district or the charter school in which the pupil is enrolled to appoint the parent to represent the educational interests of the pupil if:

(a) The parent believes that the pupil does not have the ability to provide informed consent with respect to the pupil’s own educational program; and

(b) The status of the pupil is such, as determined in accordance with the regulations adopted pursuant to subsection 5, that the parent is authorized to submit such an application.

2. The application must be submitted on a concise form prescribed by the Department. The application:

(a) Must not be unduly burdensome on the parent to fill out; and

(b) Must not require the pupil to sign the application or otherwise require the pupil to grant permission for the parent to represent the pupil’s educational interests.

3. If the school district or charter school grants an application, the parent shall continue to represent the educational interests of the pupil until:

(a) The pupil receives a standard high school diploma or an adjusted diploma;

(b) The pupil is no longer enrolled in a program of special education pursuant to NRS 388.440 to 388.5317, inclusive; or

4. A parent or a pupil may appeal a determination made pursuant to this section in accordance with the procedure used by the Department for administrative complaints.

5. The State Board shall adopt regulations to carry out this section and NRS 388.492, including, without limitation, the establishment of criteria for determining whether the status of a pupil with a disability is such that his or her parent is authorized to submit an application to represent the educational interests of the pupil pursuant to this section.

(Added to NRS by 2007, 2918)

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

1. Pupils with disabilities or gifted and talented pupils, or both, may be instructed in special ungraded schools or within special programs established for the instruction of such pupils.

2. Boards of trustees of school districts may:

(a) Purchase sites and erect buildings for those purposes in the same manner as other school sites or school buildings may be purchased and erected.

(b) Rent suitable property at an economical rental for special or ungraded rooms.

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

NRS 388.507 Hearings conducted pursuant to Individuals with Disabilities Education Act: Burden of proof and burden of production on school district during certain due process hearings. Whenever a due process hearing is held pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., regarding the identification, evaluation, reevaluation, classification, educational placement or disciplinary action of or provision of a free appropriate public education to a pupil with a disability, and a school district is a party, the school district has the burden of proof and the burden of production.

(Added to NRS by 2011, 800)

NRS 388.509 Hearings conducted pursuant to Individuals with Disabilities Education Act: Authority of Department to issue subpoenas; enforcement of subpoena by court.

1. The Department may issue a subpoena to compel the attendance of witnesses, the giving of testimony and the production of books and papers at an administrative hearing conducted pursuant to the provisions of 20 U.S.C. § 1415 on behalf of a party to that hearing. The subpoena must be signed by the Superintendent of Public Instruction or a person designated by the Superintendent for this purpose. If a person fails to comply with a subpoena, the Department may apply to the district court for enforcement of the subpoena.

2. The district court in and for Carson City or the county in which a hearing is being conducted for which such a subpoena was issued may, upon receipt of such an application, compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by the subpoena.

3. In case of the refusal of any witness to attend or testify or produce any papers required by the subpoena, the person holding the hearing may report to the district court by petition, setting forth:

(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in accordance with this section; and

(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the person holding the hearing named in the subpoena, or has refused to answer questions propounded to him or her in the course of the hearing,

Ê and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the person.

4. The court, upon petition of the person holding the hearing, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time must not be more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers before the person holding the hearing. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the person holding the hearing, the court shall thereupon enter an order that the witness appear before the person at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness must be dealt with as for contempt of court.

(Added to NRS by 1997, 2526)

1. The Department shall:

(a) Prescribe a form that contains the basic information necessary for the uniform development, review and revision of an individualized education program for a pupil with a disability in accordance with 20 U.S.C. § 1414(d); and

(b) Make the form available on a computer disc for use by school districts and, upon request, in any other manner deemed reasonable by the Department.

2. Except as otherwise provided in this subsection, each school district shall ensure that the form prescribed by the Department is used for the development, review and revision of an individualized education program for each pupil with a disability who receives special education in the school district. A school district may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

3. The State Board:

(a) Shall prescribe minimum standards for the special education of pupils with disabilities and gifted and talented pupils.

(b) May prescribe minimum standards for the provision of early intervening services.

4. The minimum standards prescribed by the State Board must include standards for programs of instruction or special services maintained for the purpose of serving pupils with:

(a) Hearing impairments, including, but not limited to, deafness.

(b) Visual impairments, including, but not limited to, blindness.

(d) Speech and language impairments.

(e) Mental retardation.

(f) Multiple impairments.

(g) Serious emotional disturbances.

(h) Other health impairments.

(i) Specific learning disabilities.

(j) Autism spectrum disorders.

(k) Traumatic brain injuries.

(l) Developmental delays.

(m) Gifted and talented abilities.

5. No apportionment of state money may be made to any school district or charter school for the instruction of pupils with disabilities and gifted and talented pupils until the program of instruction maintained therein for such pupils is approved by the Superintendent of Public Instruction as meeting the minimum standards prescribed by the State Board.

6. The Department shall, upon the request of the board of trustees of a school district, provide information to the board of trustees concerning the identification and evaluation of pupils with disabilities in accordance with the standards prescribed by the State Board.

7. As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

[288:32:1956]—(NRS A 1969, 445; 1973, 1429; 1977, 885; 1979, 1597; 1981, 245; 1989, 692; 1993, 2160; 1997, 1867; 1999, 1750; 2009, 755; 2011, 2706, 2716)

Use of Aversive Intervention, Physical Restraint and Mechanical Restraint on Pupils With Disabilities

NRS 388.521 Definitions. As used in NRS 388.521 to 388.5317, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.5215 to 388.526, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1999, 3236; A 2009, 918)

NRS 388.5215 “Aversive intervention” defined. “Aversive intervention” means any of the following actions if the action is used to punish a pupil with a disability or to eliminate, reduce or discourage maladaptive behavior of a pupil with a disability:

1. The use of noxious odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. The administration of chemical restraint to a person;

8. The placement of a person alone in a room where release from the room is prohibited by a mechanism, including, without limitation, a lock, device or object positioned to hold the door closed or otherwise prevent the person from leaving the room;

9. Requiring a person to perform exercise under forced conditions if the:

(a) Person is required to perform the exercise because he or she exhibited a behavior that is related to his or her disability;

(b) Exercise is harmful to the health of the person because of his or her disability; or

10. The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation, including, without limitation, the denial or unreasonable delay in the provision of:

(a) Food or liquid at a time when it is customarily served; or

(b) Medication.

(Added to NRS by 1999, 3237)

NRS 388.522 “Chemical restraint” defined. “Chemical restraint” means the administration of drugs for the specific and exclusive purpose of controlling an acute or episodic aggressive behavior when alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs on a regular basis, as prescribed by a physician, to treat the symptoms of mental, physical, emotional or behavioral disorders and for assisting a person in gaining self-control over his or her impulses.

(Added to NRS by 1999, 3237)

NRS 388.5225 “Corporal punishment” defined. “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.

(Added to NRS by 1999, 3237)

NRS 388.523 “Electric shock” defined. “Electric shock” means the application of electric current to a person’s skin or body. The term does not include electroconvulsive therapy.

(Added to NRS by 1999, 3237)

NRS 388.5235 “Emergency” defined. “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage.

(Added to NRS by 1999, 3237)

NRS 388.524 “Individualized education program” defined. “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

(Added to NRS by 1999, 3237)

NRS 388.5245 “Individualized education program team” defined. “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

(Added to NRS by 1999, 3237)

NRS 388.525 “Mechanical restraint” defined. “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile.

(Added to NRS by 1999, 3238)

NRS 388.5255 “Physical restraint” defined. “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile.

(Added to NRS by 1999, 3238)

NRS 388.526 “Verbal and mental abuse” defined. “Verbal and mental abuse” means actions or utterances that are intended to cause and actually cause severe emotional distress to a person.

(Added to NRS by 1999, 3238)

NRS 388.5265 Aversive intervention prohibited. A person employed by the board of trustees of a school district or any other person shall not use any aversive intervention on a pupil with a disability.

(Added to NRS by 1999, 3238)

NRS 388.527 Physical restraint and mechanical restraint prohibited; exceptions. A person employed by the board of trustees of a school district or any other person shall not:

1. Except as otherwise provided in NRS 388.5275, use physical restraint on a pupil with a disability.

2. Except as otherwise provided in NRS 388.528, use mechanical restraint on a pupil with a disability.

(Added to NRS by 1999, 3238)

NRS 388.5275 Conditions under which physical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year.

1. Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of physical restraint;

(b) The physical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to the pupil or to others or causing severe property damage; and

(c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the physical restraint is used to:

(a) Assist the pupil in completing a task or response if the pupil does not resist the application of physical restraint or if the pupil’s resistance is minimal in intensity and duration;

(b) Escort or carry the pupil to safety if the pupil is in danger in his or her present location; or

3. If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district or its designee, the pupil’s individualized education program team and the parent or guardian of the pupil. If the board of trustees or its designee determines that a denial of the pupil’s rights has occurred, the board of trustees or its designee shall submit a report to the Department in accordance with NRS 388.5315.

4. If a pupil with a disability has three reports of the use of physical restraint in his or her record pursuant subsection 3 in 1 school year, the school district shall notify the school in which the pupil is enrolled to review the circumstances of the use of the restraint on the pupil and provide a report to the school district on its findings.

5. If a pupil with a disability has five reports of the use of physical restraint in his or her record pursuant to subsection 3 in 1 school year, the pupil’s individualized education program must be reviewed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto. If physical restraint continues after the pupil’s individualized education program has been reviewed, the school district and the parent or legal guardian of the pupil shall include in the pupil’s individualized education program additional methods that are appropriate for the pupil to ensure that the restraint does not continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan and positive behavioral supports.

(Added to NRS by 1999, 3238; A 2009, 918)

NRS 388.528 Conditions under which mechanical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year.

1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of mechanical restraint;

(b) A medical order authorizing the use of mechanical restraint from the pupil’s treating physician is included in the pupil’s individualized education program before the application of the mechanical restraint;

(c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the pupil as soon as practicable after the application of the mechanical restraint;

(d) The mechanical restraint is applied by a member of the staff of the school who is trained and qualified to apply mechanical restraint;

(e) The pupil is given the opportunity to move and exercise the parts of his or her body that are restrained at least 10 minutes per every 60 minutes of restraint, unless otherwise prescribed by the physician who signed the order;

(f) A member of the staff of the school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop injury to himself or herself without the use of the restraint;

(g) The record of the pupil contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the pupil and the response of the member of the staff of the school who applied the mechanical restraint;

(h) A member of the staff of the school continuously monitors the pupil during the time that mechanical restraint is used on the pupil; and

(i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or herself.

2. Mechanical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

(a) Treat the medical needs of the pupil;

(b) Protect a pupil who is known to be at risk of injury to himself or herself because he or she lacks coordination or suffers from frequent loss of consciousness;

(d) Position a pupil who has physical disabilities in a manner prescribed in the pupil’s individualized education program.

3. If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district or its designee, the pupil’s individualized education program team and the parent or guardian of the pupil. If the board of trustees or its designee determines that a denial of the pupil’s rights has occurred, the board of trustees or its designee shall submit a report to the Department in accordance with NRS 388.5315.

4. If a pupil with a disability has three reports of the use of mechanical restraint in his or her record pursuant to subsection 3 in 1 school year, the school district shall notify the school in which the pupil is enrolled to review the circumstances of the use of the restraint on the pupil and provide a report of its findings to the school district.

5. If a pupil with a disability has five reports of the use of mechanical restraint in his or her record pursuant to subsection 3 in 1 school year, the pupil’s individualized education program must be reviewed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto. If mechanical restraint continues after the pupil’s individualized education program has been reviewed, the school district and the parent or legal guardian of the pupil shall include in the pupil’s individualized education program additional methods that are appropriate for the pupil to ensure that restraint does not continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan and positive behavioral supports.

(Added to NRS by 1999, 3238; A 2009, 919)

NRS 388.5285 Mandatory education and training for staff.

1. The Department shall develop a model program of education for use by the school districts to train the members of the staff of the schools within the school districts who are identified in the individualized education programs of pupils with disabilities to provide services to those pupils. The model program of education must provide instruction in positive behavioral interventions and positive behavioral supports that:

(a) Includes positive methods to modify the environment of pupils with disabilities to promote adaptive behavior and reduce the occurrence of inappropriate behavior;

(b) Includes methods to teach skills to pupils with disabilities so that the pupils can replace inappropriate behavior with adaptive behavior;

(d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of pupils with disabilities; and

(e) Offers a process for designing interventions based upon the pupil that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the pupil.

2. The board of trustees of each school district shall provide for appropriate training for the members of the staff of the schools within the school district who are authorized to carry out and monitor physical restraint and mechanical restraint to ensure that those members of the staff are qualified to carry out the procedures in accordance with NRS 388.521 to 388.5317, inclusive.

(Added to NRS by 1999, 3239)

NRS 388.529 Disciplinary action against person for intentional violation. In addition to any penalty prescribed by specific statute, a person who intentionally uses aversive intervention on a pupil with a disability or intentionally violates NRS 388.527 is subject to disciplinary action pursuant to NRS 391.312 or 391.330, or both.

(Added to NRS by 1999, 3240)

NRS 388.5295 Report of violation; corrective plan required; appointment of administrator to oversee school under certain circumstances.

1. A school where a violation of NRS 388.521 to 388.5317, inclusive, occurs shall report the violation to the board of trustees of the school district not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.

2. The board of trustees of the school district where the violation occurred shall develop, in cooperation with the superintendent of schools of the school district, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the school and the board of trustees to prevent future violations.

3. The superintendent of schools of the school district shall submit the plan to the Department. The Department shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The Department may require appropriate revision of the plan to ensure compliance.

4. If the school where the violation occurred does not meet the requirements of the plan to the satisfaction of the Department, the Department may appoint a licensed administrator to oversee the school to ensure that the school meets the requirements of the plan. An administrator serves at the pleasure of the Superintendent of Public Instruction and is entitled to receive such compensation as may be set by the superintendent. A school district that contains a school for which an administrator is appointed pursuant to this subsection shall reimburse the Department for any expenses incurred by the Department pursuant to this subsection.

(Added to NRS by 1999, 3240)

NRS 388.531 Retaliation for reporting violation prohibited. An officer, administrator or employee of a public school shall not retaliate against any person for having:

1. Reported a violation of NRS 388.521 to 388.5317, inclusive; or

2. Provided information regarding a violation of NRS 388.521 to 388.5317, inclusive,

Ê by a public school or a member of the staff of the public school.

(Added to NRS by 1999, 3241)

NRS 388.5315 Reporting of denial of rights; investigation and resolution of disputes by Department.

1. A denial of rights of a pupil with a disability pursuant to NRS 388.521 to 388.5317, inclusive, must be entered in the pupil’s cumulative record and a confidential file maintained for that pupil. Notice of the denial must be provided to the board of trustees of the school district or its designee.

2. If the board of trustees of a school district or its designee receives notice of a denial of rights pursuant to subsection 1, the board of trustees or its designee shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the Department.

3. The Department:

(a) Shall receive reports made pursuant to subsection 2;

(b) May investigate apparent violations of the rights of pupils with disabilities; and

(Added to NRS by 1999, 3241; A 2009, 921)

NRS 388.5317 Annual report by school districts on use of restraint and violations; compilation of reports by Department; submission of compilation to Legislature.

1. The board of trustees of each school district shall, on or before August 1 of each year, prepare a report in the form prescribed by the Department that includes, without limitation, for each school within the school district:

(a) The number of instances in which physical restraint was used at the school during the immediately preceding school year, which must indicate the number of instances per teacher employed at the school and per pupil enrolled at the school without disclosing personally identifiable information about the teacher or the pupil;

(b) The number of instances in which mechanical restraint was used at the school during the immediately preceding school year, which must indicate the number of instances per teacher employed at the school and per pupil enrolled at the school without disclosing personally identifiable information about the teacher or the pupil; and

(c) The number of violations of NRS 388.521 to 388.5317, inclusive, by type of violation, which must indicate the number of violations per teacher employed at the school and per pupil enrolled at the school without disclosing personally identifiable information about the teacher or the pupil.

2. The board of trustees of each school district shall prescribe a form for each school within the school district to report the information set forth in subsection 1 to the school district and the time by which those reports must be submitted to the school district.

3. On or before August 15 of each year, the board of trustees of each school district shall submit to the Department the written report prepared by the board of trustees pursuant to subsection 1.

4. The Department shall compile the data received by each school district pursuant to subsection 3 and prepare a written report of the compilation, disaggregated by school district. On or before October 1 of each year, the Department shall submit the written compilation:

(a) In even-numbered years, to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

(b) In odd-numbered years, to the Legislative Committee on Education.

5. If a particular item in a report required pursuant to this section would reveal personally identifiable information about an individual pupil or teacher, that item must not be included in the report.

(Added to NRS by 2009, 918)

PROGRAMS TO PREVENT CRIMINAL ACTIVITY; OPERATION OF ALTERNATIVE PROGRAMS

NRS 388.532 Development of programs.

1. The State Board in cooperation with the board of trustees of the various county school districts shall develop for pupils in the first through eighth grades:

(a) Programs designed to reduce the number of pupils who drop out of school; and

(b) Programs for the prevention of the abuse of alcohol and controlled substances.

2. The State Board in cooperation with the board of trustees of the various county school districts may seek the cooperation of private industry in developing for pupils in all grades programs and activities designed to reduce the number of pupils who participate in the activities of criminal gangs, as defined in NRS 213.1263.

(Added to NRS by 1991, 2079; A 1995, 1426)

NRS 388.537 Alternative programs for pupils at risk of dropping out of school.

1. The board of trustees of a school district may, subject to the approval of the Superintendent of Public Instruction, operate an alternative program for the education of pupils at risk of dropping out of school, including pupils who are enrolled in kindergarten or grades 1 to 12, inclusive.

2. The board of trustees of a school district may submit to the Department, in the form prescribed by the Department, a plan to operate an alternative program.

3. The Superintendent of Public Instruction shall review each plan to operate an alternative program submitted to the Department and approve or deny the plan. Approval by the Superintendent constitutes approval of each component of the plan for the alternative program.

4. If a plan for an alternative program is denied by the Superintendent of Public Instruction, the board of trustees of a school district may appeal the decision of the Superintendent to the State Board. The State Board may approve or deny the plan for the alternative program upon appeal.

5. An alternative program may include:

(a) A shorter school day or an opportunity for pupils to attend a longer school day than that regularly provided in the school district. The alternative program must provide for a number of minutes of instruction that is equal to or greater than that which would be provided under a program consisting of 180 school days.

(b) An opportunity for pupils to attend classes of instruction during any part of the calendar year.

(d) An opportunity for pupils to obtain academic credit through experience gained at work or while engaged in other activities.

(e) An opportunity for pupils to satisfy either:

(1) The requirements for a regular high school diploma; or

(2) The requirements for an adult standard diploma.

(f) The provision of child care for the children of pupils.

(g) The transportation of pupils to and from classes of instruction.

(h) The placement of pupils for independent study pursuant to NRS 389.155, if the board of trustees of the school district determines that the pupil would benefit from such placement.

6. The board of trustees of a school district may operate an alternative program pursuant to this section through a program of distance education pursuant to NRS 388.820 to 388.874, inclusive.

(Added to NRS by 1993, 458; A 2001, 3156; 2005, 1050; 2007, 1991)

INSTRUCTION OF CHILDREN DETAINED IN FACILITIES FOR THE DETENTION OF CHILDREN, ALTERNATIVE PROGRAMS, JUVENILE FORESTRY CAMPS AND JUVENILE TRAINING SCHOOLS

NRS 388.550 Employment of teachers with approval of juvenile court and county commissioners.

1. With the approval of the juvenile court and the board of county commissioners, the board of trustees of a school district may employ necessary legally qualified teachers for the instruction of children detained in:

(a) A facility for the detention of children or an alternative program maintained by the county pursuant to the provisions of title 5 of NRS.

(b) A juvenile forestry camp established by the county pursuant to the provisions of NRS 244.297.

2. As used in this section, “juvenile court” has the meaning ascribed to it in NRS 62A.180.

(Added to NRS by 1961, 120; A 1967, 1582; 1989, 1815; 1991, 2185; 2003, 1138)

NRS 388.560 Courses of instruction; school district to furnish textbooks, equipment and supplies. Only courses of instruction approved by the State Board may be given in such local, regional or state facilities for the detention of children, alternative programs or juvenile forestry camps. Necessary textbooks, equipment and supplies must be furnished by the school district.

(Added to NRS by 1961, 120; A 1967, 1583; 1989, 1815; 2003, 1139)

NRS 388.570 Computation of enrollment and average daily attendance; reports to Superintendent of Public Instruction.

1. The State Board shall establish regulations for the computation of enrollment and average daily attendance of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of this section and NRS 388.550 and 388.560.

2. Boards of trustees of school districts providing such instruction shall report to the Superintendent of Public Instruction at such times and in such manner as the Superintendent prescribes.

(Added to NRS by 1961, 120; A 1967, 893, 1583; 1973, 1430; 1979, 1597; 1989, 1815; 2003, 1139)

PROGRAMS OF EDUCATION FOR INCARCERATED PERSONS

NRS 388.573 “Incarcerated persons” defined. As used in NRS 388.573 to 388.583, inclusive, unless the context otherwise requires, “incarcerated persons” means persons who are incarcerated in a facility or institution operated by the Department of Corrections.

(Added to NRS by 2003, 1363)

NRS 388.575 Establishment of statewide program by Department of Education; requirements of statewide program.

1. The Department of Education, after consulting with the Department of Corrections, shall:

(a) Adopt regulations that establish a statewide program of education for incarcerated persons; and

(b) Coordinate with and assist school districts in operating programs of education for incarcerated persons.

2. The statewide program may include courses of study for:

(a) A high school diploma;

(b) Basic literacy;

(d) General educational development;

(e) Life skills;

(f) Career and technical education; and

(g) Postsecondary education.

3. The statewide program does not include the programs of general education, vocational education and training established by the Board of State Prison Commissioners pursuant to NRS 209.389.

4. The statewide program must establish:

(a) Standards for each course of study that set forth the:

(1) Curriculum;

(2) Qualifications for entry; and

(3) Evaluation of incarcerated persons for placement; and

(b) Procedures to ensure that an incarcerated person who earns credits in a program of education for incarcerated persons operated by a school district at a facility or institution shall, if transferred to a different facility or institution, transfer those credits to the program operated by a school district at that facility or institution.

5. As used in this section, “general educational development” means preparation for and administration of the standardized examinations that enable persons who have not graduated from high school to demonstrate that they have achieved an educational level which denotes competency in core curriculum. The term includes programs for obtaining a general educational development certificate.

(Added to NRS by 2003, 1363; A 2005, 1050)

NRS 388.577 Fund for Programs of Education for Incarcerated Persons: Creation; administration; use of money; limitations on use; allocation of money to certain school districts.

1. There is hereby created in the State Treasury the Fund for Programs of Education for Incarcerated Persons. The Fund is administered by the State Board. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Fund. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.

2. Money in the Fund must be used for programs of education for incarcerated persons.

3. Money in the Fund must not be:

(a) Considered in negotiations between a recognized organization of employees of a school district and the school district; or

(b) Used to reduce the amount of money which would otherwise be made available for programs of education for incarcerated persons in the absence of this section.

4. The Department shall establish a formula for equitably allocating money from the Fund to each school district that operates a program of education for incarcerated persons.

5. The State Board shall establish annually, within the limits of money available in the Fund, a basic allocation to each school district that operates a program of education for incarcerated persons.

(Added to NRS by 2003, 1364)

NRS 388.579 Boards of trustees of school districts authorized to operate program; compliance with statewide program; conditions for receipt of money from Fund.

1. The board of trustees of a school district may, with the cooperation of the Department of Corrections, operate a program of education for incarcerated persons in any facility or institution operated by the Department of Corrections in the county of the school district.

2. A school district that operates a program of education for incarcerated persons shall:

(a) Comply with the standards for such programs established by the Department of Education in the statewide program established pursuant to NRS 388.575;

(b) As a condition for obtaining an allocation from the Fund for Programs of Education for Incarcerated Persons, submit to the Department of Education:

(1) An application to operate such a program; and

(2) A detailed budget for the program; and

(c) If the school district receives an allocation from the Fund, obtain the approval of the Department of Education before it makes any changes in categorical expenditures.

(Added to NRS by 2003, 1364)

NRS 388.582 Board of Regents authorized to offer certain courses to incarcerated persons. The Board of Regents of the University of Nevada may, with the cooperation of the Department of Corrections, offer courses that lead to a postsecondary degree for incarcerated persons in any facility or institution operated by the Department of Corrections.

(Added to NRS by 2003, 1365)

1. If a manager or warden excludes from the facility or institution a person employed by a school district to operate a program of education for incarcerated persons in the facility or institution, an interagency panel must be convened.

2. The interagency panel must:

(a) Consist of:

(1) The Director of the Department of Corrections or the Director’s designee;

(2) The Superintendent of Public Instruction or the Superintendent’s designee; and

(3) The immediate supervisor of the person employed by the school district.

(b) Conduct a hearing in compliance with all applicable provisions of chapter 233B of NRS.

3. The decision of the interagency panel is a final decision in a contested case.

(Added to NRS by 2003, 1365)

PROGRAM OF INFORMATION CONCERNING MISSING CHILDREN

NRS 388.585 Establishment of program by trustees; assistance of Attorney General or State Board.

1. The board of trustees of each school district may:

(a) Establish a program of information concerning missing children for pupils, parents and other residents of the district; and

(b) Use materials prepared by the Attorney General in developing such a program.

2. The board of trustees may request the assistance of the Attorney General or the State Board of Education in establishing its program.

(Added to NRS by 1985, 2168)

EDUCATION AND COUNSELING OF DISPLACED HOMEMAKERS

NRS 388.605 Definitions. As used in NRS 388.605 to 388.655, inclusive, unless the context otherwise requires:

1. “Board” means the Board for the Education and Counseling of Displaced Homemakers.

2. “Director” means the Director of the Department of Employment, Training and Rehabilitation.

3. “Displaced homemaker” means any person who:

(a) Is not gainfully employed or has less than full-time or adequate employment;

(b) Has worked at home for a substantial number of years providing household services to members of his or her family without compensation;

(d) Has been dependent:

(1) On the income of another member of his or her family, but is no longer supported by that income;

(2) Upon public assistance but is no longer eligible; or

(3) On another member of his or her family for the management of his or her personal finances, but that person is no longer available to provide that assistance.

(Added to NRS by 1989, 915; A 1993, 1596; 2001, 1425)

NRS 388.615 Board for the Education and Counseling of Displaced Homemakers: Creation; membership; duties; compensation of members.

1. The Board for the Education and Counseling of Displaced Homemakers is hereby created. The Board consists of five members appointed by the Governor, one of whom must be a displaced homemaker and one of whom must be representative of business in the State.

2. The Board shall:

(a) At its first meeting and annually thereafter elect a Chair from among its members.

(b) Meet regularly at least once each calendar quarter and at other times upon the call of the Chair.

3. The members of the Board serve without compensation, except that each member of the Board is entitled to the per diem allowance and travel expenses provided for state officers and employees generally, which must be paid from the account established pursuant to subsection 2 of NRS 19.033.

(Added to NRS by 1989, 916)

NRS 388.625 Establishment of center for displaced homemakers; deposit of gifts and grants of money; approval of claims.

1. The Board shall, to the extent that money is available, establish in a county whose population is 100,000 or more, a center to provide services for displaced homemakers.

2. The Board may, to the extent that money is available:

(a) Establish a center to provide services for displaced homemakers in a county whose population is less than 100,000; and

(b) Establish regional centers which provide services for displaced homemakers in two or more counties whose populations are less than 100,000.

3. The Board may, with the approval of the Director, enter into contracts with public or nonprofit private organizations to provide the various services required at the centers established pursuant to subsections 1 and 2.

4. All gifts and grants of money received for the purposes of NRS 388.605 to 388.655, inclusive, must be deposited in the same account in the State General Fund as money deposited pursuant to subsection 2 of NRS 19.033.

5. All claims must be approved by the Director before they are paid.

(Added to NRS by 1989, 916; A 1989, 1937; 1991, 529)

NRS 388.635 Provision of services by center for displaced homemakers. Each center shall provide:

1. Counseling services specifically designed for the counseling of a displaced homemaker with respect to appropriate employment, including:

(a) Assessment of the homemaker’s skills;

(b) Clarification of the homemaker’s employment goals and information regarding the availability of various types of employment;

(d) Referrals to public and private programs of training and placement.

2. Courses of instruction to assist a displaced homemaker in seeking and retaining employment, including instruction in:

(a) The initial steps in seeking employment;

(b) Skills for contacting employers;

(d) Writing resumes;

(e) Skills for effective interviewing;

(f) The importance of a positive attitude and appropriate work habits;

(g) Skills for effective communication;

(h) Appropriate conduct in an office; and

(i) Resolving conflicts involving work and family.

3. Weekly meetings to allow the displaced homemakers it serves to share information regarding employment and to discuss their concerns regarding seeking and retaining employment.

4. Educational and counseling services relating to health and health care, including education about obtaining and paying for health care and related services, particularly about selecting physicians and others who provide the services, including health maintenance organizations and health insurance.

5. Services relating to financial management, including information about insurance, taxes, estates and probate, mortgages, loans and other related financial matters.

6. Referrals of displaced homemakers to appropriate agencies in the community which provide:

(a) Assistance to persons addicted to alcohol or drugs;

(b) Personal counseling;

(d) Child care; and

(e) Programs of secondary and postsecondary education, including programs for career and technical education, English as a second language and improving reading ability.

(Added to NRS by 1989, 916; A 2005, 1051)

NRS 388.645 Selection of organization to administer center; coordination with state and federal programs.

1. The Board shall select a public or nonprofit private organization, if possible, to administer each center. In selecting the organization, the Board shall consider the experience and capability of the organization in administering services similar to those to be provided by the center.

2. The Chair of the Board shall consult and cooperate with such agencies of the Federal and State Governments as the Board considers appropriate to facilitate the establishment of a center which utilizes or is coordinated with existing state and federal programs of a similar nature.

(Added to NRS by 1989, 917)

NRS 388.655 Executive director for center; quarterly reports to Board.

1. To the extent that money is available, each center must have a part-time executive director.

2. The executive director of each center shall maintain records of its activities and shall report quarterly to the Board the number of displaced homemakers who have, during the previous quarter:

(a) Obtained employment; and

(b) Enrolled in educational programs.

Ê The report must include the hourly wage received and the number of hours worked per week by each displaced homemaker.

(Added to NRS by 1989, 917)

REDUCTION OF PUPIL-TEACHER RATIO IN CERTAIN CLASSES

1. Except as otherwise provided in this section, after the last day of the first month of the school year, the ratio in each school district of pupils per licensed teacher designated to teach, on a full-time basis, in classes where core curriculum is taught:

(a) In kindergarten and grades 1, 2 and 3, must not exceed 15 to 1; or

(b) If a plan is approved pursuant to subsection 3 of NRS 388.720, must not exceed the ratio set forth in that plan for the grade levels specified in the plan.

Ê In determining this ratio, all licensed educational personnel who teach a grade level specified in paragraph (a) or a grade level specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district, must be counted except teachers of art, music, physical education or special education, counselors, librarians, administrators, deans and specialists.

2. A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the last day of the first month of the school year to any existing class regardless of the number of pupils in the class.

3. Each school district that does not meet the ratio of pupils per class:

(a) Set forth in subsection 1;

(b) Prescribed in conjunction with a legislative appropriation for the support of the class-size reduction program; or

Ê must request a variance from the State Board by providing a written statement that includes the reasons for the request and the justification for exceeding the applicable prescribed ratio of pupils per class.

4. The State Board may grant to a school district a variance from the limitation on the number of pupils per class set forth in paragraph (a), (b) or (c) of subsection 3 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.

5. The State Board shall, on or before February 1 of each odd-numbered year, report to the Legislature on:

(a) Each variance granted by it during the preceding biennium, including the specific justification for the variance.

(b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district.

6. The Department shall, on or before November 15 of each year, report to the Chief of the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau:

(a) The number of teachers employed;

(b) The number of teachers employed in order to attain the ratio required by subsection 1;

(d) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,

Ê during the current school year in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable, for each school district.

7. The provisions of this section do not apply to a charter school or to a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.

(Added to NRS by 1989, 2105; A 1993, 1362; 1995, 2820; 1999, 3312; 2001, 3157; 2005, 1264, 2161)

NRS 388.710 State Board of Education to determine data to be monitored by school district; school district to report data to State Board.

1. The State Board, in consultation with the trustees of the school districts and the recognized associations representing licensed educational personnel, after receiving comments from the general public, shall determine the data that must be monitored by each school district and used to measure the effectiveness of the implementation of a plan developed by each school district to reduce the pupil-teacher ratio pursuant to NRS 388.720.

2. Each school district shall report the data to the State Board as required by the State Board.

(Added to NRS by 1989, 2106; A 2005, 2162)

NRS 388.720 Development of plan by school district to reduce pupil-teacher ratios; alternative ratios for certain grades authorized in certain counties.

1. Except as otherwise provided in subsection 2, each school district together with the recognized associations representing licensed educational personnel shall develop a plan to reduce the district’s pupil-teacher ratio per class in kindergarten and grades 1, 2 and 3 within the limits of available financial support specifically set aside for this purpose and submit that plan to the State Board.

2. In lieu of complying with the pupil-teacher ratio prescribed in paragraph (a) of subsection 1 of NRS 388.700, a school district in a county whose population is less than 100,000 may, in consultation with the recognized associations representing licensed educational personnel, develop a plan to reduce the district’s pupil-teacher ratios per class for specified grade levels in elementary schools. Alternative ratios for grade 6 may only be approved for those school districts that include grade 6 in elementary school. The alternative pupil-teacher ratios must not:

(a) Exceed 22 to 1 in grades 1, 2 and 3; and

(b) Exceed 25 to 1 in grades 4 and 5 or grades 4, 5 and 6, as applicable.

3. The State Board shall approve a plan submitted pursuant to subsection 2 if the plan:

(a) Reduces the district’s pupil-teacher ratio in the elementary schools within the school district; and

(b) Is fiscally neutral such that the plan will not cost more to carry out than a plan that complies with the ratios prescribed in paragraph (a) of subsection 1 of NRS 388.700.

(Added to NRS by 1989, 2106; A 1991, 1605; 2005, 2163)

EDUCATIONAL FOUNDATIONS

NRS 388.750 Compliance with Open Meeting Law; availability of records; exemption from certain taxes; nondisclosure of contributors.

1. An educational foundation:

(a) Shall comply with the provisions of chapter 241 of NRS;

(b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010; and

2. An educational foundation is not required to disclose the names of the contributors to the foundation or the amount of their contributions. The educational foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.

3. As used in this section, “educational foundation” means a nonprofit corporation, association or institution or a charitable organization that is:

(a) Organized and operated exclusively for the purpose of supporting one or more kindergartens, elementary schools, junior high or middle schools or high schools, or any combination thereof;

(b) Formed pursuant to the laws of this State; and

(Added to NRS by 1993, 2305; A 2003, 3491; 2003, 20th Special Session, 204; 2005, 963; 2011, 1356)

EDUCATIONAL TECHNOLOGY

NRS 388.780 Definitions. As used in NRS 388.780 to 388.805, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.785 and 388.787 have the meanings ascribed to them in those sections.

(Added to NRS by 1997, 1770; A 2011, 2309)

NRS 388.785 “Commission” defined. “Commission” means the Commission on Educational Technology created pursuant to NRS 388.790.

(Added to NRS by 1997, 1770)

NRS 388.787 “Committee” defined. “Committee” means the Legislative Committee on Education created pursuant to NRS 218E.605.

(Added to NRS by 1997, 1770)

NRS 388.789 Superintendent of Public Instruction required to ensure Commission carries out duties successfully. The Superintendent of Public Instruction is responsible for ensuring that the duties and responsibilities of the Commission set forth in NRS 388.780 to 388.805, inclusive, are carried out by the Commission successfully.

(Added to NRS by 2011, 2309)

NRS 388.790 Commission on Educational Technology: Creation; membership; terms; removal and vacancy; quarterly meetings required; compensation.

1. The Commission on Educational Technology, consisting of 2 members who serve ex officio and 11 members who are appointed, is hereby created. The Superintendent of Public Instruction and the Administrator of the Division of Enterprise Information Technology Services of the Department of Administration shall serve ex officio as nonvoting members of the Commission.

2. The Governor shall appoint the following voting members to the Commission, at least two of whom must reside in a county whose population is less than 100,000:

(a) One administrator in a public school who possesses knowledge and experience in the general application of technology;

(b) One school teacher in a public elementary school who possesses knowledge and experience in the use of educational technology in the public schools;

(c) One school teacher in a public secondary school who possesses knowledge and experience in the use of educational technology in the public schools;

(d) One representative of public libraries who possesses knowledge and experience in the general application of technology;

(e) One representative of the Nevada System of Higher Education who possesses knowledge and experience in the use of educational technology in institutions of higher education;

(f) One representative of the private sector who possesses knowledge and experience in the use of technology; and

(g) One parent or legal guardian who possesses knowledge and experience in the general application of technology.

3. The Majority Leader of the Senate shall appoint two voting members to the Commission:

(a) One of whom is a member of the Senate; and

(b) One of whom is employed in the field of technology.

4. The Speaker of the Assembly shall appoint two voting members to the Commission:

(a) One of whom is a member of the Assembly; and

(b) One of whom is employed in the field of technology.

5. The Governor shall appoint a Chair among the voting members of the Commission.

6. After the initial terms, the term of each member of the Commission is 2 years, commencing on January 1 of the year in which the member is appointed and expiring on December 31 of the immediately following year. A member shall continue to serve on the Commission until his or her successor is appointed. Upon the expiration of a term of a member, he or she may be reappointed if he or she still possesses any requisite qualifications for appointment. There is no limit on the number of terms that a member may serve.

7. The person or entity who appoints a member to the Commission may remove that member if the member neglects his or her duty or commits malfeasance in office, or for other just cause. Any vacancy in the membership of the Commission must be filled for the remainder of the unexpired term in the same manner as the original appointment.

8. The Commission shall hold at least four regular meetings each year and may hold special meetings at the call of the Chair.

9. Members of the Commission who are not Legislators serve without compensation, except that for each day or portion of a day during which a member of the Commission attends a meeting of the Commission or is otherwise engaged in the business of the Commission, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

10. For each day or portion of a day during which a member of the Commission who is a Legislator attends a meeting of the Commission or is otherwise engaged in the work of the Commission, except during a regular or special session of the Legislature, the Legislator is entitled to receive the:

(a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding session;

(b) Per diem allowance provided for state officers and employees generally; and

Ê The compensation, per diem allowances and travel expenses of the legislative members of the Commission must be paid from the Legislative Fund.

(Added to NRS by 1997, 1770; A 1999, 476; 2003, 814)

1. The Commission shall establish a plan for the use of educational technology in the public schools of this State. In preparing the plan, the Commission shall consider:

(a) Plans that have been adopted by the Department and the school districts in this State;

(b) Plans that have been adopted in other states;

(c) The information reported pursuant to paragraph (v) of subsection 2 of NRS 385.347 and similar information included in the annual report of accountability information prepared by the State Public Charter School Authority and a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385.347;

(d) The results of the assessment of needs conducted pursuant to subsection 6; and

(e) Any other information that the Commission or the Committee deems relevant to the preparation of the plan.

2. The plan established by the Commission must include recommendations for methods to:

(a) Incorporate educational technology into the public schools of this State;

(b) Increase the number of pupils in the public schools of this State who have access to educational technology;

(c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, without limitation, the receipt of credit for college courses completed through the use of educational technology;

(d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this State; and

(e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, without limitation, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.

3. The Department shall provide:

(a) Administrative support;

(b) Equipment; and

Ê as is necessary for the Commission to carry out the provisions of this section.

4. The following entities shall cooperate with the Commission in carrying out the provisions of this section:

(a) The State Board.

(b) The board of trustees of each school district.

(d) The Department.

5. The Commission shall:

(a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this State.

(b) Allocate money to the school districts from the Trust Fund for Educational Technology created pursuant to NRS 388.800 and any money appropriated by the Legislature for educational technology, subject to any priorities for such allocation established by the Legislature.

(c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the Commission to:

(1) Repair, replace and maintain computer systems.

(2) Upgrade and improve computer hardware and software and other educational technology.

(3) Provide training, installation and technical support related to the use of educational technology within the district.

(d) Submit to the Governor, the Committee and the Department its plan for the use of educational technology in the public schools of this State and any recommendations for legislation.

(e) Review the plan annually and make revisions as it deems necessary or as directed by the Committee or the Department.

(f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the Committee and the Department as the Commission deems necessary.

6. During the spring semester of each even-numbered school year, the Commission shall conduct an assessment of the needs of each school district relating to educational technology. In conducting the assessment, the Commission shall consider:

(a) The recommendations set forth in the plan pursuant to subsection 2;

(b) The plan for educational technology of each school district, if applicable;

(d) Any other information deemed relevant by the Commission.

Ê The Commission shall submit a final written report of the assessment to the Superintendent of Public Instruction on or before April 1 of each even-numbered year.

7. The Superintendent of Public Instruction shall prepare a written compilation of the results of the assessment conducted by the Commission and transmit the written compilation on or before June 1 of each even-numbered year to the Legislative Committee on Education and to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

8. The Commission may appoint an advisory committee composed of members of the Commission or other qualified persons to provide recommendations to the Commission regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this State. The advisory committee serves at the pleasure of the Commission and without compensation unless an appropriation or other money for that purpose is provided by the Legislature.

9. As used in this section, “public school” includes the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.

(Added to NRS by 1997, 1771; A 1999, 1199; 2003, 1139; 2003, 19th Special Session, 50; 2005, 1177; 2007, 1961; 2011, 2281, 2375)

NRS 388.800 Trust Fund for Educational Technology: Creation; administration; interest and income; use of money in Fund.

1. The Trust Fund for Educational Technology is hereby created in the State General Fund. The Trust Fund must be administered by the Superintendent of Public Instruction. The Superintendent may accept gifts and grants of money from any source for deposit in the Trust Fund. Any such money may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 3.

2. The interest and income earned on the money in the Trust Fund must be credited to the Trust Fund.

3. The money in the Trust Fund may be used only for the distribution of money to school districts to be used in kindergarten through 12th grade to obtain and maintain hardware and software for computer systems, equipment for transfer of data by modem through connection to telephone lines, and other educational technology as may be approved by the Commission for use in classrooms.

(Added to NRS by 1995, 1457; A 1997, 1774)

NRS 388.805 Trust Fund for Educational Technology: Program for school districts to apply for money from Fund. The Department shall, in consultation with the Commission, adopt regulations that establish a program whereby school districts may apply to the Commission on Educational Technology for money from the Trust Fund for Educational Technology.

(Added to NRS by 1995, 1457; A 1997, 1774)

DISTANCE EDUCATION

General Provisions

NRS 388.820 Definitions. As used in NRS 388.820 to 388.874, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.823, 388.826 and 388.829 have the meanings ascribed to them in those sections.

(Added to NRS by 2001, 3149)

NRS 388.823 “Course of distance education” defined. “Course of distance education” means a course of study that uses distance education as its primary mechanism for delivery of instruction.

(Added to NRS by 2001, 3149)

NRS 388.826 “Distance education” defined. “Distance education” means instruction which is delivered by means of video, computer, television, or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the pupil receiving the instruction are separated geographically for a majority of the time during which the instruction is delivered.

(Added to NRS by 2001, 3149; A 2007, 1992)

NRS 388.829 “Program of distance education” defined. “Program of distance education” means a program comprised of one or more courses of distance education that is designed for pupils who meet the criteria for enrollment in a program of distance education prescribed in NRS 388.850.

(Added to NRS by 2001, 3149; A 2003, 223; 2007, 1992)

Approved Courses; Procedure for Application

NRS 388.834 Publication of list of approved distance education courses.

1. The Department shall prepare and publish a list of courses of distance education that satisfy the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations. If an application to provide a program of distance education is approved pursuant to NRS 388.838, the Department shall automatically include on the list each course of study included within that program if the course of study had not been approved pursuant to this section before submission of the application to provide the program.

2. A person or entity that has developed a course of distance education, including, without limitation, a vendor of a course of distance education, the Nevada System of Higher Education or other postsecondary educational institution, a board of trustees of a school district or a governing body of a charter school, may submit an application for inclusion of the course on the list prepared by the Department. The Department shall approve an application if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations. The Department shall provide written notice to the applicant of its approval or denial of the application.

3. If the Department denies an application, the Department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The Department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations.

(Added to NRS by 2001, 3149)

NRS 388.838 Submission of application to Department; conditions for approval; opportunity to correct deficiencies.

1. The board of trustees of a school district or the governing body of a charter school may submit an application to the Department to provide a program of distance education. In addition, a committee to form a charter school may submit an application to the Department to provide a program of distance education if the application to form the charter school submitted by the committee pursuant to NRS 386.520 indicates that the charter school intends to provide a program of distance education.

2. An applicant to provide a program of distance education may seek approval to provide a program that is comprised of one or more courses of distance education included on the list of courses approved by the Department pursuant to NRS 388.834 or a program that is comprised of one or more courses of distance education which have not been reviewed by the Department before submission of the application.

3. An application to provide a program of distance education must include:

(a) All the information prescribed by the State Board by regulation.

(b) Except as otherwise provided in this paragraph, proof satisfactory to the Department that the program satisfies all applicable statutes and regulations. The proof required by this paragraph shall be deemed satisfied if the program is comprised only of courses of distance education approved by the Department pursuant to NRS 388.834 before submission of the application.

4. Except as otherwise provided in this subsection, the Department shall approve an application submitted pursuant to this section if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations. The Department shall deny an application to provide a program of distance education submitted by a committee to form a charter school if the Department denies the application to form a charter school submitted by that committee. The Department shall provide written notice to the applicant of the Department’s approval or denial of the application.

5. If the Department denies an application, the Department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The Department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations.

(Added to NRS by 2001, 3150; A 2005, 2414)

Operation of Programs; Regulations

NRS 388.842 Alternate scheduling permitted; minimum time required for full-time program.

1. A program of distance education may include, without limitation, an opportunity for pupils to participate in the program:

(a) For a shorter school day or a longer school day than that regularly provided for in the school district or charter school, as applicable; and

(b) During any part of the calendar year.

2. If a program of distance education is provided for pupils on a full-time basis, the program must include at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.

(Added to NRS by 2001, 3150)

NRS 388.846 Compliance with statutes and regulations; notice by charter school to board of trustees concerning type of educational services provided.

1. If the board of trustees of a school district provides a program of distance education, the board of trustees shall ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the school district, including, without limitation:

(a) Graduation requirements;

(b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

(d) Discipline of pupils.

2. If the governing body of a charter school provides a program of distance education, the governing body shall:

(a) For each pupil who is enrolled in the program, provide written notice to the board of trustees of the school district in which the pupil resides of the type of educational services that will be provided to the pupil through the program. The written notice must be provided to the board of trustees before the pupil receives educational services through the program of distance education.

(b) Ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the charter school, including, without limitation:

(1) Graduation requirements;

(2) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

(3) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

(4) Discipline of pupils.

(Added to NRS by 2001, 3154; A 2003, 19th Special Session, 52)

NRS 388.850 Eligibility for enrollment.

1. A pupil may enroll in a program of distance education only if the pupil satisfies the requirements of any other applicable statute and the pupil:

(a) Is participating in a program for pupils at risk of dropping out of school pursuant to NRS 388.537;

(b) Is participating in a program of independent study pursuant to NRS 389.155;

(c) Is enrolled in a public school that does not offer certain advanced or specialized courses that the pupil desires to attend;

(d) Has a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050;

(e) Would otherwise be excused from compulsory attendance pursuant to NRS 392.080;

(f) Is otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675;

(g) Is otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that the pupil will benefit from the program; or

(h) Is otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the governing body of the charter school determines that the pupil will benefit from the program.

2. In addition to the eligibility for enrollment set forth in subsection 1, a pupil must satisfy the qualifications and conditions for enrollment in a program of distance education adopted by the State Board pursuant to NRS 388.874.

3. A child who is exempt from compulsory attendance and is enrolled in a private school pursuant to chapter 394 of NRS or is being homeschooled is not eligible to enroll in or otherwise attend a program of distance education, regardless of whether the child is otherwise eligible for enrollment pursuant to subsection 1.

4. If a pupil who is prohibited from attending public school pursuant to NRS 392.264 enrolls in a program of distance education, the enrollment and attendance of that pupil must comply with all requirements of NRS 62F.100 to 62F.150, inclusive, and 392.251 to 392.271, inclusive.

5. If a pupil is eligible for enrollment in a program of distance education pursuant to paragraph (c) of subsection 1, the pupil may enroll in the program of distance education only to take those advanced or specialized courses that are not offered at the public school he or she otherwise attends.

(Added to NRS by 2001, 3151; A 2003, 223, 1141; 2007, 1993, 3031)

NRS 388.854 Permission of board of trustees required for enrollment; written agreement between board of trustees and provider of distance education program.

1. Except as otherwise provided in this subsection, before a pupil may enroll full-time or part-time in a program of distance education that is provided by a school district other than the school district in which the pupil resides, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. Before a pupil who is enrolled in a public school of a school district may enroll part-time in a program of distance education that is provided by a charter school, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. A pupil who enrolls full-time in a program of distance education that is provided by a charter school is not required to obtain the approval of the board of trustees of the school district in which the pupil resides.

2. If the board of trustees of a school district grants permission pursuant to subsection 1, the board of trustees shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education.

(Added to NRS by 2001, 3152; A 2005, 2415; 2007, 1993)

NRS 388.858 Permission of charter school required for part-time enrollment; written agreement between charter school and provider of distance education program.

1. If a pupil is enrolled in a charter school, the pupil may enroll full-time in a program of distance education only if the charter school in which the pupil is enrolled provides the program of distance education.

2. Before a pupil who is enrolled in a charter school may enroll part-time in a program of distance education that is provided by a school district or another charter school, the pupil must obtain the written permission of the governing body of the charter school in which the pupil is enrolled.

3. If the governing body of a charter school grants permission pursuant to subsection 2, the governing body shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education.

(Added to NRS by 2001, 3153; A 2005, 2416; 2007, 1995)

NRS 388.862 Board of trustees required to declare public school to which pupil enrolled in program is affiliated; applicability of statutes and regulations to pupils.

1. If a pupil is enrolled full-time in a program of distance education provided by the board of trustees of a school district, the board of trustees that provides the program shall declare for each such pupil one public school within that school district with which the pupil is affiliated. The board of trustees may declare that all the pupils enrolled in the program of distance education are affiliated with one public school within the school district, or it may declare individual public schools for the pupils enrolled in the program. Upon the declared affiliation, the pupil shall be deemed enrolled in that public school for purposes of all the applicable requirements, statutes, regulations, rules and policies of that public school and school district, including, without limitation:

(a) Graduation requirements;

(b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

(d) Discipline of pupils.

2. A pupil who is enrolled full-time in a program of distance education provided by a charter school shall be deemed enrolled in the charter school. All the applicable requirements, including, without limitation, statutes, regulations, rules and policies of that charter school apply to such a pupil, including, without limitation:

(a) Graduation requirements;

(b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

(d) Discipline of pupils.

3. If a pupil is enrolled part-time in a program of distance education, all the applicable requirements, statutes, regulations, rules and policies of the public school of the school district in which the pupil is otherwise enrolled or the charter school in which the pupil is otherwise enrolled apply to such a pupil, including, without limitation:

(a) Graduation requirements;

(b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

(d) Discipline of pupils.

(Added to NRS by 2001, 3153; A 2003, 19th Special Session, 52)

NRS 388.866 Requirements of program; supervision by teacher; qualifications of certain teachers.

1. The board of trustees of a school district or the governing body of a charter school that provides a program of distance education shall ensure that:

(a) For each course offered through the program, a teacher:

(1) Provides the work assignments to each pupil enrolled in the course that are necessary for the pupil to complete the course;

(2) Meets or otherwise communicates with the pupil at least once each week during the course to discuss the pupil’s progress; and

(3) Enters into a written agreement with the pupil and the pupil’s parent or legal guardian outlining the objectives of the course, the timeline for completion of the course and the method by which the progress of the pupil will be assessed; or

(b) The program satisfies the requirements of a plan to operate an alternative program of education submitted by the school district and approved pursuant to NRS 388.537.

2. If a course offered through a program of distance education is a core academic subject, as defined in NRS 389.018, the teacher who fulfills the requirements of subsection 1 must be a:

(a) Licensed teacher; or

(b) Teacher, instructor or professor who provides instruction at a community college or university. Such a teacher, instructor or professor may only be assigned to a course of distance education in the subject area for which he or she provides instruction at a community college or university.

(Added to NRS by 2001, 3151; A 2005, 2417; 2007, 1995)

NRS 388.874 Regulations of State Board.

1. The State Board shall adopt regulations that prescribe:

(a) The process for submission of an application by a person or entity for inclusion of a course of distance education on the list prepared by the Department pursuant to NRS 388.834 and the contents of the application;

(b) The process for submission of an application by the board of trustees of a school district, the governing body of a charter school or a committee to form a charter school to provide a program of distance education and the contents of the application;

(c) The qualifications and conditions for enrollment that a pupil must satisfy to enroll in a program of distance education, consistent with NRS 388.850;

(d) A method for reporting to the Department the number of pupils who are enrolled in a program of distance education and the attendance of those pupils;

(e) The requirements for assessing the achievement of pupils who are enrolled in a program of distance education, which must include, without limitation, the administration of the achievement and proficiency examinations required pursuant to NRS 389.015 and 389.550; and

(f) A written description of the process pursuant to which the State Board may revoke its approval for the operation of a program of distance education.

2. The State Board may adopt regulations as it determines are necessary to carry out the provisions of NRS 388.820 to 388.874, inclusive.

(Added to NRS by 2001, 3155; A 2003, 223; 2005, 2417)

MISCELLANEOUS PROVISIONS

NRS 388.880 Immunity from civil liability for reporting threat of violence against school official, school employee or pupil; exceptions.

1. Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report. Such a person is not immune from civil liability for any other act or omission committed by the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.

2. The provisions of this section do not apply to a person who:

(a) Is acting in his or her professional or occupational capacity and is required to make a report pursuant to NRS 200.5093, 200.50935 or 432B.220.

(b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.

3. As used in this section:

(a) “Reasonable cause to believe” means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

(b) “School employee” means a licensed or unlicensed person who is employed by:

(1) A board of trustees of a school district pursuant to NRS 391.100; or

(2) The governing body of a charter school.

(1) A member of the board of trustees of a school district.

(2) A member of the governing body of a charter school.

(3) An administrator employed by the board of trustees of a school district or the governing body of a charter school.

(d) “Teacher” means a person employed by the:

(1) Board of trustees of a school district to provide instruction or other educational services to pupils enrolled in public schools of the school district.

(2) Governing body of a charter school to provide instruction or other educational services to pupils enrolled in the charter school.

(Added to NRS by 2001, 2650; A 2005, 1116)