[Rev. 6/15/2016 2:29:28 PM]

[NAC-385 Revised Date: 6-16]

CHAPTER 385 - EDUCATION: STATE ADMINISTRATIVE ORGANIZATION

HIGH SCHOOL EQUIVALENCY ASSESSMENTS

385.402              Purpose.

385.404              Eligibility to take assessments; duties of school district.

385.406              Identification required.

385.408              Prescribed assessments; minimum passing scores.

385.410              Initial testing and retesting.

385.420              Certificate of educational equivalence.

STATEWIDE SYSTEM OF ACCOUNTABILITY

General Provisions

385.501              Definitions.

385.531              “Pupil” defined.

385.536              “Regular classroom teacher” defined.

Program and Reports of Accountability

385.548              Attendance of teachers: Calculation of average daily attendance; maintenance and review of certain records.

EDUCATION SAVINGS ACCOUNT REGULATIONS

385.5505            Short title.

385.5513            Purposes.

385.5515            Definitions.

385.5517            “Agreement” defined.

385.552              “School day” defined.

385.5523            “Break in the school year” construed.

385.5525            “Tuition” construed.

385.5527            Application to establish account; open enrollment period; notification of approval or denial; requirements; request for waiver; exemptions.

385.553              Agreement with State Treasurer; deposit of money into and payments from account; annual list provided to Department; inclusion of certain examinations on list.

385.5533            Committee to Review Payments: Creation; members; duties.

385.5535            Termination of agreement by parent.

385.5537            State Treasurer to freeze account if child no longer resides in State; proof required to remove freeze; termination of agreement and dissolution of account.

385.554              Audits of accounts; freeze of accounts found to have irregularities; notice of freeze; petition for reconsideration; determination.

385.5543            Quarterly list of terminated accounts; reversion of remaining money to State General Fund.

385.5545            Contract with financial management firm: Criteria; provision allowing termination; maintenance and management of accounts.

385.5547            Application to become participating entity; proof of eligibility; notice of determination; investigation under certain circumstances.

385.5555            Additional requirements of certain participating entities.

NEVADA EDUCATIONAL CHOICE SCHOLARSHIP PROGRAM

385.6013            “Registered private school” defined.

385.6015            Registration of scholarship organization to participate in Program.

385.602              Information provided quarterly and annually to Department by registered scholarship organization; Department to compile and review information.

385.6025            Annual financial statement of registered scholarship organization; notice of ineligibility or ceasing to exist; disclosure of certain financial records.

385.603              Notice to Department of Taxation of certain donations received by registered scholarship organization; maximum duration to carry forward donation.

385.6035            Department of Education to maintain directory of scholarship organizations on Internet website, submit quarterly list of scholarship organizations to Department of Taxation and submit annually summary of certain information.

385.6043            Application to receive grant from registered scholarship organization; responsibilities of organization; order of priority to award grants.

385.6045            Notice to school district that pupil will not attend current school; written statement to and quarterly payments from scholarship organization; transfer of pupil; authorized uses of grant.

385.6055            Registration of school with Department to receive grant on behalf of pupil.

385.606              Annual administration of norm-referenced test approved by Department.

385.6065            Quarterly submission of electronic list of certain information; annual report of aggregate data.

385.607              Complaint concerning violation of Program; required information; determination and authorized actions.

MISCELLANEOUS PROVISIONS

385.650              Assignment of numbers for identification of records of pupils in public schools.

 

 

HIGH SCHOOL EQUIVALENCY ASSESSMENTS

     NAC 385.402  Purpose. (NRS 385.080, 385.448)  The high school equivalency assessments selected by the State Board pursuant to NRS 385.448 enable persons who have not graduated from high school to demonstrate that they have achieved an educational level which is an acceptable substitute for completing a high school education.

     [Bd. of Education, eff. 1-9-81] — (NAC A by R155-13, 6-23-2014)

     NAC 385.404  Eligibility to take assessments; duties of school district. (NRS 385.080, 385.448)

     1.  Any person who:

     (a) Is 17 years of age or older;

     (b) Has not graduated from a high school in the United States which is accredited by a regional association; and

     (c) Is not currently enrolled in a high school,

Ê is eligible to take an assessment to determine the person’s high school equivalency if he or she otherwise complies with the provisions of NRS 385.448. No minimum period of residence in this State is required of an applicant before he or she takes an assessment.

     2.  The board of trustees of a school district may, upon request and for good cause shown, grant permission to take a high school equivalency assessment to a person who resides in the school district and who is at least 16 years of age but less than 17 years of age if the person satisfies the requirements of subsection 3 of NRS 385.448.

     3.  A school district shall adhere to the policies of the high school equivalency assessment service that the high school equivalency assessment must not be used as part of a high school program or used as a high school exit examination.

     4.  A school district shall not allow a person who passes a high school equivalency assessment to waive the units of credit required for a standard high school diploma.

     5.  A person who is at least 18 years of age and who passes a high school equivalency assessment may, in accordance with NAC 389.694, waive the units of credit required for an adult standard diploma.

     6.  A person who is at least 17 years of age but less than 18 years of age and who is enrolled in an alternative program for the education of pupils at risk of dropping out of school established by a school district pursuant to NRS 388.537 may, in accordance with NAC 389.694, waive the units of credit required for an adult standard diploma.

     [Bd. of Education, eff. 1-9-81] — (NAC A 3-9-88; R032-98, 5-29-98; R029-01, 11-1-2001; R134-07, 6-17-2008; R155-13, 6-23-2014)

     NAC 385.406  Identification required. (NRS 385.080, 385.448)

     1.  An applicant to take a high school equivalency assessment must provide valid identification. An acceptable kind of identification is a document containing the applicant’s photograph, such as a current driver’s license.

     2.  Before an applicant is admitted to take an assessment, the proctor who will conduct the assessment shall compare the signature on the document which the applicant presents as identification with the signature on his or her application to take the assessment.

     [Bd. of Education, eff. 1-9-81] — (NAC A by R155-13, 6-23-2014)

     NAC 385.408  Prescribed assessments; minimum passing scores. (NRS 385.080, 385.448)

     1.  Pursuant to NRS 385.448, the State Board hereby selects the following as high school equivalency assessments:

     (a) The General Educational Development Test;

     (b) The HiSET Exam; and

     (c) The Test Assessing Secondary Completion.

     2.  The minimum passing score:

     (a) For the General Educational Development Test is a standard score of 150 on each of the four subtests.

     (b) For the HiSET Exam is a standard score of 8 on each of the five subtests and an average standard score of 9 on the five subtests.

     (c) For the Test Assessing Secondary Completion is a standard score of 500 on each of the five subtests.

     [Bd. of Education, eff. 1-9-81] — (NAC A by R061-97, 12-10-97; R194-01, 4-1-2002; R155-13, 6-23-2014)

     NAC 385.410  Initial testing and retesting. (NRS 385.080, 385.448)

     1.  An applicant who takes a high school equivalency assessment for the first time must complete the entire battery of subtests before the applicant may be retested on any of the subtests.

     2.  An applicant who completes his or her initial assessment but fails to achieve the minimum scores may be retested on the entire battery of subtests or on the individual subtest or subtests which the applicant failed. If an applicant to be retested was initially tested with an edition in the English language, a different form of the edition must be used for the retest.

     3.  An applicant may be retested any number of times, although the availability of alternative forms of the assessment may limit the number of possible retests in any 12-month period.

     [Bd. of Education, eff. 3-20-76; A 1-9-81] — (NAC A by R155-13, 6-23-2014)

     NAC 385.420  Certificate of educational equivalence. (NRS 385.080, 385.448)  A test site that has been approved by the Department to administer the high school equivalency assessments may administer such assessments. A certificate of educational equivalence will be issued without charge to any person who passes an assessment in a manner determined by the Department.

     [Bd. of Education, eff. 3-20-76; A 1-9-81] — (NAC A 3-9-88; R013-06, 8-31-2007; R155-13, 6-23-2014)

STATEWIDE SYSTEM OF ACCOUNTABILITY

General Provisions

     NAC 385.501  Definitions. (NRS 385.080)  As used in NAC 385.501 to 385.548, inclusive, unless the context otherwise requires, the words and terms defined in NAC 385.531 and 385.536 have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Education by R046-98, eff. 5-29-98; A by R187-99, 3-13-2000; A by Bd. of Education by R059-04, 8-25-2004; R034-14, 6-23-2014)

     NAC 385.531  “Pupil” defined. (NRS 385.391)  “Pupil” means a person who is admitted to a public school to attend a schedule of classes and whose name appears on the master register of enrollment and attendance.

     (Added to NAC by Dep’t of Education by R046-98, eff. 5-29-98)

     NAC 385.536  “Regular classroom teacher” defined. (NRS 385.391)  “Regular classroom teacher” means a teacher who has knowledge of the developmental and curricular needs of pupils at the grade level that he or she teaches.

     (Added to NAC by Dep’t of Education by R046-98, eff. 5-29-98)

Program and Reports of Accountability

     NAC 385.548  Attendance of teachers: Calculation of average daily attendance; maintenance and review of certain records. (NRS 385.347, 385.391)

     1.  To determine the record of attendance of a teacher who provides instruction and is employed full-time, a school shall count the teacher:

     (a) As present for 1 day if the teacher is present in the classroom for at least two-thirds of the day.

     (b) As present for one-half of a day if the teacher is present in the classroom for at least one-half of the day but less than two-thirds of the day.

     (c) As absent if the teacher is present in the classroom for less than one-half of a day.

     2.  To determine the record of attendance of a teacher who provides instruction and is employed less than full-time, a school shall:

     (a) If the teacher is required to be present each day for one-half of the school day, count the teacher as present for 1 day for every 2 days that the teacher is present in the classroom.

     (b) Count the teacher as absent for one-half of a day if the teacher is present in the classroom for less than one-half of a day.

     3.  In addition to the requirements set forth in paragraph (b) of subsection 1 of NRS 385.3478, to determine the record of attendance of all teachers who provide instruction, a school shall:

     (a) Include in the calculation teachers who are assigned to more than one classroom in the school.

     (b) Include in the calculation teachers whose duties in the classroom are part of a program that is separate from the duties of the regular classroom teacher.

     (c) Exclude from the calculation a teacher who is absent for more than 20 consecutive days if the absence is excused by the school.

     4.  A school shall maintain a record for each teacher who is absent for more than 20 consecutive days. The Department may, at any time, request the records of such teachers for review.

     (Added to NAC by Dep’t of Education by R046-98, eff. 5-29-98; A by R187-99, 3-13-2000) — (Substituted in revision for NAC 385.556)

EDUCATION SAVINGS ACCOUNT REGULATIONS

     NAC 385.5505  Short title. (§ 15 of ch. 332, Stats. 2015)  The provisions of NAC 385.5505 to 385.5555, inclusive, may be cited as the Education Savings Account Regulations.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.5513  Purposes. (§ 15 of ch. 332, Stats. 2015)

     1.  The purposes of NAC 385.5505 to 385.5555, inclusive, are to:

     (a) Award grants of money made available pursuant to section 8 of Senate Bill No. 302, chapter 332, Statutes of Nevada 2015, at page 1827, on behalf of children who qualify for such grants so that the parents of such children have choices concerning the education of the children; and

     (b) Make the grants of money described in paragraph (a) available to be awarded on behalf of the largest number of children allowable under sections 2 to 15, inclusive, of Senate Bill No. 302, chapter 332, Statutes of Nevada 2015, at pages 1826-31.

     2.  For the accomplishment of these purposes, the provisions of NAC 385.5505 to 385.5555, inclusive, must be broadly and liberally construed.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.5515  Definitions. (§ 15 of ch. 332, Stats. 2015)  As used in NAC 385.5505 to 385.5555, inclusive, unless the context otherwise requires, the words and terms defined in NAC 385.5517 and 385.552 have the meanings ascribed to them in those sections.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.5517  “Agreement” defined. (§§ 7 and 15 of ch. 332, Stats. 2015)  “Agreement” means a written agreement between a parent and the State Treasurer to establish an education savings account entered into pursuant to section 7 of Senate Bill No. 302, chapter 332, Statutes of Nevada 2015, at page 1826.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.552  “School day” defined. (§§ 7 and 15 of ch. 332, Stats. 2015)  “School day” means any day, including a partial day, during which a school offers instruction to pupils at the school.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.5523  “Break in the school year” construed. (§§ 7 and 15 of ch. 332, Stats. 2015)  For the purpose of carrying out the provisions of section 7 of Senate Bill No. 302, chapter 332, Statutes of Nevada 2015, at page 1826, the State Treasurer will construe the term “break in the school year” to mean 15 or more consecutive days that are not school days.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.5525  “Tuition” construed. (§§ 9 and 15 of ch. 332, Stats. 2015)  For the purpose of carrying out the provisions of sections 2 to 15, inclusive, of Senate Bill No. 302, chapter 332, Statutes of Nevada 2015, at pages 1826-31, the State Treasurer will construe the term “tuition” to include only the cost of enrolling a child in a school or program of distance education that is a participating entity, except that the term does not include:

     1.  An application fee, entrance fee, parking fee, technology fee, athletic fee, studio fee, laboratory fee or any fee or surcharge imposed in connection with a specific course, whether or not the fee or surcharge is imposed on all children enrolled in the participating entity or the course; or

     2.  A charge imposed for books, supplies or room and board, whether or not the charge is imposed on all children enrolled in the participating entity.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.5527  Application to establish account; open enrollment period; notification of approval or denial; requirements; request for waiver; exemptions. (§§ 7 and 15 of ch. 332, Stats. 2015)

     1.  A parent who wishes to establish an education savings account on behalf of his or her child must submit an application to the State Treasurer on a form made available by the State Treasurer during the open enrollment period established pursuant to subsection 2.

     2.  At least one time each year, the State Treasurer will establish an open enrollment period during which the State Treasurer will accept applications to establish an education savings account. The State Treasurer will announce the dates of the open enrollment period during the fourth quarter of the calendar year immediately preceding the school year for which the open enrollment period applies.

     3.  The State Treasurer will review each application submitted pursuant to subsection 1 and, not later than 30 days after the date on which the application is received, notify the applicant by certified mail or electronic communication whether the application has been approved or denied. If the application is denied, the notification must include, without limitation, the reason for the denial.

     4.  Except as otherwise provided in subsections 5 and 7, the State Treasurer will approve an application submitted on behalf of a child required by NRS 392.040 to attend public school if the applicant submits proof that the child was enrolled in a public school and in one or more qualifying courses at the public school for the 100 school days immediately preceding the date on which the application is received, including, without limitation, any school day that the child was not required to attend a qualifying course. The State Treasurer will not approve an application submitted on behalf of a child who has participated only in after-school extracurricular activities at a public school.

     5.  Except as otherwise provided in subsections 6 and 7, the State Treasurer will not approve an application submitted on behalf of a child if, during the 100 school days immediately preceding the date on which the application is received, the child was absent from the public school in which the child was enrolled for more than 15 consecutive school days, including, without limitation, any school day that the child was not required to attend a qualifying course.

     6.  An applicant may apply in writing to the State Treasurer for a waiver of the provisions of subsection 5. Upon a showing that an absence of more than 15 consecutive school days was caused by extraordinary circumstances, which may include, without limitation, the death of a family member of the child or a serious medical condition, the State Treasurer may grant the waiver.

     7.  The State Treasurer will not require a child for whom an application is submitted to have been enrolled at a public school for 100 school days immediately preceding the date on which the application is received if:

     (a) The child will be at least 5 years of age and less than 7 years of age on or before September 30 of the school year for which the application is submitted; or

     (b) The parent of the child is a member of the Armed Forces of the United States who is on active duty and stationed at a military installation in this State.

     8.  As used in this section, “qualifying course” means a course that is offered to pupils who are enrolled in the public school for which the pupils may receive credit toward promotion to the next grade or graduation from high school, including, without limitation, a course that is offered as an elective.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.553  Agreement with State Treasurer; deposit of money into and payments from account; annual list provided to Department; inclusion of certain examinations on list. (§§ 7, 8, 12 and 15 of ch. 332, Stats. 2015)

     1.  If the State Treasurer approves an application submitted pursuant to NAC 385.5527, the State Treasurer will enter into an agreement with the parent who submitted the application. After a parent enters into an agreement with the State Treasurer, the parent may open an education savings account at a financial management firm with which the State Treasurer has entered into a contract pursuant to NAC 385.5545.

     2.  The State Treasurer will:

     (a) Deposit money into each education savings account in equal quarterly installments on the dates on which the Superintendent of Public Instruction apportions the State Distributive School Account in the State General Fund pursuant to NRS 387.124.

     (b) Provide each parent who establishes an education savings account on behalf of his or her child with a memorandum outlining the procedures to follow in making payments from the account.

     (c) Annually provide the Department with a list of children on behalf of whom education savings accounts have been established on the date prescribed by the Department.

     3.  An examination administered to satisfy the requirements of section 12 of Senate Bill No. 302, chapter 332, Statutes of Nevada 2015, at page 1830, must be included on the list of examinations prescribed by the Department for that purpose.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

REVISER’S NOTE.

      The regulation of the State Treasurer filed with the Secretary of State on December 30, 2015 (LCB File No. R061-15), the source of this section, contains the following provision not included in NAC:

      “Sec. 19.  Notwithstanding the provisions of section 10 of this regulation [NAC 385.553], the State Treasurer will begin making deposits of money into education savings accounts pursuant to subsection 2 of section 10 of this regulation [NAC 385.553] on or before May 1, 2016.”

 

     NAC 385.5533  Committee to Review Payments: Creation; members; duties. (§§ 9 and 15 of ch. 332, Stats. 2015)

     1.  There is hereby created the Committee to Review Payments consisting of seven members as follows:

     (a) The State Treasurer or his or her designee;

     (b) Two voting members appointed by the State Treasurer who are parents of children on behalf of whom an education savings account has been established and who reside in Clark County;

     (c) One voting member appointed by the State Treasurer who is the parent of a child on behalf of whom an education savings account has been established and who resides in Washoe County;

     (d) One voting member appointed by the State Treasurer who is the parent of a child on behalf of whom an education savings account has been established and who resides in a county other than Clark County or Washoe County; and

     (e) Two nonvoting advisory members appointed by the State Treasurer who are educators or administrators at a participating entity, other than the parent of a child.

     2.  The members of the Committee serve at the pleasure of the State Treasurer. A member of the Committee serves for a term of 1 year and may be reappointed.

     3.  The State Treasurer or his or her designee will serve as the Chair of the Committee and will vote only in the case of a tie.

     4.  The State Treasurer may request the Committee to determine whether an expenditure of money from an education savings account is authorized pursuant to section 9 of Senate Bill No. 302, chapter 332, Statutes of Nevada 2015, at page 1828.

     5.  The Committee shall:

     (a) Meet at the call of the Chair upon the receipt of a request to determine whether an expenditure of money from an education savings account submitted to the Committee by the State Treasurer pursuant to subsection 4 is authorized pursuant to section 9 of Senate Bill No. 302, chapter 332, Statutes of Nevada 2015, at page 1828.

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

     6.  As used in this section, “administrator” means the person who directs or manages the affairs of a private school, as defined in NRS 394.103.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.5535  Termination of agreement by parent. (§§ 7 and 15 of ch. 332, Stats. 2015)

     1.  The parent of a child on behalf of whom an education savings account has been established may terminate an agreement with the State Treasurer at any time by providing written notice by certified mail to the State Treasurer.

     2.  If an agreement is terminated pursuant to subsection 1, the child on behalf of whom the education savings account was established may enroll in a public school on the first day after the expiration of the quarter for which the last deposit was made into the education savings account of the child.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.5537  State Treasurer to freeze account if child no longer resides in State; proof required to remove freeze; termination of agreement and dissolution of account. (§§ 7 and 15 of ch. 332, Stats. 2015)  If the State Treasurer reasonably believes that a child on behalf of whom an education savings account has been established no longer resides in this State, the State Treasurer will freeze the education savings account and send a written notice by certified mail to the parent of the child requesting the parent to submit proof that the child resides in this State. If the parent:

     1.  Provides satisfactory proof by not later than 15 business days after the date on which the notice is received, the State Treasurer will remove the freeze on the education savings account.

     2.  Fails to provide satisfactory proof by not later than 15 days after the date of the notice, the State Treasurer will terminate the agreement pursuant to which the education savings account was established and dissolve the education savings account.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.554  Audits of accounts; freeze of accounts found to have irregularities; notice of freeze; petition for reconsideration; determination. (§§ 10 and 15 of ch. 332, Stats. 2015)

     1.  Each calendar year, the State Treasurer will randomly select not fewer than 10 percent of the education savings accounts in existence on January 1 of that year to be audited.

     2.  The State Treasurer will cause an audit to be conducted of each education savings account then in existence if 5 percent or more of the audits conducted pursuant to subsection 1 indicate any of the following irregularities:

     (a) Failure to comply with an agreement pursuant to which an education savings account was established, sections 2 to 15, inclusive, of Senate Bill No. 302, chapter 332, Statutes of Nevada 2015, at pages 1826-31, or NAC 385.5505 to 385.5555, inclusive; or

     (b) A substantial misuse of money in an education savings account.

     3.  If the State Treasurer determines, based on an audit conducted pursuant to subsection 1 or 2, or for any other reason, that an irregularity described in subsection 2 has occurred, the State Treasurer will:

     (a) Freeze the education savings account; and

     (b) Send to the parent of the child on behalf of whom the education savings account was established by certified mail written notice of the reason that the account is frozen and the manner in which to petition for reconsideration as set forth in subsections 4 and 5.

     4.  A parent who receives notice that the State Treasurer has placed a freeze on an education savings account pursuant to subsection 3 may submit a petition for reconsideration by providing to the State Treasurer, not later than 5 business days after receiving the notice, a written explanation of the reasons that the parent believes the determination of the State Treasurer was incorrect. If the State Treasurer does not receive such a petition within that time, the State Treasurer will dissolve the education savings account and terminate the agreement pursuant to which the account was established.

     5.  Upon receipt of a petition pursuant to subsection 4, the State Treasurer will review the written explanation included in the petition and determine whether an irregularity described in subsection 2 occurred. Not later than 5 business days after receiving the petition, the State Treasurer will notify the parent of the determination. If the State Treasurer determines that:

     (a) An irregularity occurred, the State Treasurer will dissolve the education savings account and terminate the agreement pursuant to which the education savings account was established.

     (b) No irregularity occurred, the State Treasurer will remove the freeze on the education savings account.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.5543  Quarterly list of terminated accounts; reversion of remaining money to State General Fund. (§§ 7, 8 and 15 of ch. 332, Stats. 2015)

     1.  Each calendar quarter, the State Treasurer will provide to the Department a list of each child for whom an agreement pursuant to which an education savings account was established has been terminated for any reason.

     2.  If any money remains in an education savings account after the agreement pursuant to which the account was established is terminated or expires, the money in the account reverts and must be transferred to the State General Fund by the State Treasurer by not later than 10 days after the date of the termination or expiration.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.5545  Contract with financial management firm: Criteria; provision allowing termination; maintenance and management of accounts. (§§ 10 and 15 of ch. 332, Stats. 2015)

     1.  The State Treasurer will enter into a contract to manage education savings accounts with one or more financial management firms. Any such firm must:

     (a) Be authorized to accept deposits under the laws of this State or the United States; and

     (b) Insure the accounts that it maintains with the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

     2.  A contract entered into pursuant to subsection 1 must include a provision allowing the State Treasurer to terminate the contract if:

     (a) The financial management firm fails to comply with applicable law or the provisions of the contract; or

     (b) The State Treasurer determines that the financial management firm is not performing adequately.

     3.  A financial management firm with whom the State Treasurer enters into a contract pursuant to subsection 1 shall maintain and manage education savings accounts in compliance with generally accepted accounting principles.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.5547  Application to become participating entity; proof of eligibility; notice of determination; investigation under certain circumstances. (§§ 11 and 15 of ch. 332, Stats. 2015)

     1.  To become a participating entity, an entity must submit an application to the State Treasurer on a form made available by the State Treasurer.

     2.  Each applicant, other than the parent of a child, must submit proof that the applicant is eligible to become a participating entity pursuant to section 11 of Senate Bill No. 302, chapter 332, Statutes of Nevada 2015, at page 1829. If an applicant is a tutor or tutoring facility, such proof must include, without limitation, proof that the applicant is accredited by a state, regional or national accrediting agency.

     3.  If the State Treasurer:

     (a) Approves an application submitted pursuant to this section, the State Treasurer will provide notice to the applicant through written or electronic communication to the person designated on the application.

     (b) Does not approve an application submitted pursuant to this section, the State Treasurer will provide notice to the applicant by certified mail to the person designated on the application.

     4.  If the State Treasurer determines, based on the results of the examinations administered pursuant to section 12 of Senate Bill No. 302, chapter 332, Statutes of Nevada 2015, at page 1830, or for any other reason, that a participating entity that accepts payments from the educational savings account of a child may have failed to provide an educational service required by law to the child, the State Treasurer will conduct an investigation. If, after conducting an investigation, the State Treasurer determines that the participating entity has failed to provide an educational service required by law to the child, the State Treasurer may, after providing notice and the opportunity for a hearing, refuse to allow the entity to continue as a participating entity.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

     NAC 385.5555  Additional requirements of certain participating entities. (§§ 11 and 15 of ch. 332, Stats. 2015)

     1.  If the State Treasurer reasonably expects that a participating entity will receive, from payments made from education savings accounts, an amount that exceeds $50,000 for a school year, the State Treasurer will:

     (a) Determine the amount reasonably expected to be paid to such a participating entity from education savings accounts during the school year; and

     (b) Provide notice to the participating entity of the amount determined pursuant to paragraph (a) and the requirements set forth in subsection 2.

     2.  A participating entity that receives a notice pursuant to subsection 1 shall, not more than 10 business days after the next deposit of money into education savings accounts pursuant to NAC 385.553:

     (a) Post a surety bond in an amount equal to the amount determined by the State Treasurer pursuant to subsection 1; or

     (b) Provide to the State Treasurer documentation of a financial audit demonstrating that the participating entity has unencumbered assets sufficient to pay the State Treasurer an amount equal to the amount determined by the State Treasurer pursuant to subsection 1.

     3.  For the purposes of this section and section 11 of Senate Bill No. 302, chapter 332, Statutes of Nevada 2015, at page 1829, a participating entity will be deemed by the State Treasurer to be reasonably expected to receive more than $50,000 in a school year from education savings accounts if, at the beginning of the school year, 10 or more agreements authorize the participating entity to receive money from an education savings account.

     (Added to NAC by St. Treasurer by R061-15, eff. 12-30-2015)

NEVADA EDUCATIONAL CHOICE SCHOLARSHIP PROGRAM

     NAC 385.6013  “Registered private school” defined. (§ 5 of ch. 22, Stats. 2015)  As used in NAC 385.6013 to 385.607, inclusive, unless the context otherwise requires, “registered private school” means a private school that is registered with the Department pursuant to NAC 385.6055.

     (Added to NAC by Dep’t of Education by R035-15, eff. 10-27-2015)

     NAC 385.6015  Registration of scholarship organization to participate in Program. (§ 5 of ch. 22, Stats. 2015)  To participate in the Nevada Educational Choice Scholarship Program, a scholarship organization must register with the Department by providing:

     1.  On a form provided by the Superintendent of Public Instruction:

     (a) The name, address and contact information of the scholarship organization; and

     (b) If the scholarship organization uses a fiscal year other than July 1 to June 30, the period of the fiscal year used by the scholarship organization;

     2.  Evidence of an official declaration by the Internal Revenue Service that the scholarship organization qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c);

     3.  Confirmation that the scholarship organization is incorporated pursuant to chapter 82 of NRS;

     4.  A copy of the written procedures established pursuant to NAC 385.6043; and

     5.  An affidavit signed by the chief executive officer or president or chair of the board of directors of the scholarship organization under penalty of perjury stating that:

     (a) No member of the board of directors or employee of the scholarship organization:

          (1) Has declared bankruptcy within the 7 years immediately preceding the date on which the affidavit is submitted; or

          (2) Has ever been convicted of a felony; and

     (b) Neither the scholarship organization nor any member of the board of directors or employee thereof owns or operates a school in this State that receives grant money from the Nevada Educational Choice Scholarship Program.

     (Added to NAC by Dep’t of Education by R035-15, eff. 10-27-2015)

     NAC 385.602  Information provided quarterly and annually to Department by registered scholarship organization; Department to compile and review information. (§ 5 of ch. 22, Stats. 2015)

     1.  Each scholarship organization that is registered with the Department pursuant to NAC 385.6015 shall:

     (a) By not later than August 15, October 15, January 15 and March 15 of each year, provide to the Department in a format prescribed by the Department an electronic list of each pupil on behalf of whom the scholarship organization awarded a grant pursuant to section 5 of Assembly Bill No. 165, chapter 22, Statutes of Nevada 2015, at page 87, for the previous quarter. The electronic list must include:

          (1) Demographic information for each pupil, including the name, date of birth, grade level, gender and race or ethnicity of the pupil, whether the pupil has a disability, the household income of the pupil calculated pursuant to NAC 385.6043 and the name and address of the parent or guardian of the pupil;

          (2) The amount of each grant provided on behalf of a pupil;

          (3) The manner in which money from each grant has been used, including, without limitation:

               (I) The name of each school that has received money from a grant;

               (II) The tuition and fees charged by each such school; and

               (III) Any portion of such money that has been used to pay for the transportation to and from the school; and

          (4) The number of applications for a grant received by the scholarship organization for which a grant was not awarded and the reason that a grant was not awarded in each case.

     (b) Annually submit to the Department the name of the school attended by each pupil on whose behalf a grant is provided during the school year immediately preceding the school year for which the grant is awarded or, if such a pupil was not enrolled in a school, whether the pupil was a homeschooled child, an opt-in child or was not required to attend school pursuant to NRS 392.040 for that school year.

     2.  The Department will annually:

     (a) Compile the information submitted by each scholarship organization pursuant to subsection 1; and

     (b) Review the information to determine whether to change the priority for awarding grants prescribed by NAC 385.6043 or to recommend legislation to revise the priority for awarding grants to the Legislature.

     (Added to NAC by Dep’t of Education by R035-15, eff. 10-27-2015)

     NAC 385.6025  Annual financial statement of registered scholarship organization; notice of ineligibility or ceasing to exist; disclosure of certain financial records. (§ 5 of ch. 22, Stats. 2015)  Each scholarship organization that is registered with the Department pursuant to NAC 385.6015 shall:

     1.  Not more than 180 days after the conclusion of the fiscal year of the scholarship organization, submit to the Department a copy of an audited or compiled financial statement of the scholarship organization prepared by an independent certified public accountant.

     2.  If the scholarship organization no longer meets the qualifications prescribed by law to participate in the Nevada Educational Choice Scholarship Program as a scholarship organization or ceases to exist, notify the Department of Education within 30 days. Upon receiving such notification, the Department of Education will update the directory maintained pursuant to NAC 385.6035 and notify the Department of Taxation.

     3.  Within 72 hours after receiving notice from the Superintendent of Public Instruction or his or her designee, make any financial records of the scholarship organization or records concerning a pupil maintained by the scholarship organization available to the Superintendent or his or her designee for inspection during regular business hours.

     (Added to NAC by Dep’t of Education by R035-15, eff. 10-27-2015)

     NAC 385.603  Notice to Department of Taxation of certain donations received by registered scholarship organization; maximum duration to carry forward donation. (§ 5 of ch. 22, Stats. 2015)

     1.  A scholarship organization that is registered with the Department of Education pursuant to NAC 385.6015 shall notify the Department of Taxation in writing not more than 10 days after receiving a donation from a taxpayer pursuant to section 4 of Assembly Bill No. 165, chapter 22, Statutes of Nevada 2015, at page 86, of the amount of the donation.

     2.  Any donation received by a scholarship organization must not be carried forward for more than 5 years after the last day of the calendar year in which the donation is made.

     (Added to NAC by Dep’t of Education by R035-15, eff. 10-27-2015)

     NAC 385.6035  Department of Education to maintain directory of scholarship organizations on Internet website, submit quarterly list of scholarship organizations to Department of Taxation and submit annually summary of certain information. (§ 5 of ch. 22, Stats. 2015)  The Department of Education will:

     1.  Maintain on its Internet website a directory of each scholarship organization that is registered with the Department of Education pursuant to NAC 385.6015 and, by not later than September 30, December 30, March 30 and June 30 of each year, submit to the Department of Taxation a list of each such scholarship organization.

     2.  By not later than March 30 of each year, submit to the Governor, the State Board and the Director of the Legislative Counsel Bureau a summary of the information reported to the Department by each scholarship organization pursuant to section 6 of Assembly Bill No. 165, chapter 22, Statutes of Nevada 2015, at page 88.

     (Added to NAC by Dep’t of Education by R035-15, eff. 10-27-2015)

     NAC 385.6043  Application to receive grant from registered scholarship organization; responsibilities of organization; order of priority to award grants. (§ 5 of ch. 22, Stats. 2015)

     1.  The parent or guardian of a pupil who meets the requirements to receive a grant pursuant to section 5 of Assembly Bill No. 165, chapter 22, Statutes of Nevada 2015, at page 87, may apply to a scholarship organization registered with the Department pursuant to NAC 385.6015 for such a grant. A scholarship organization may charge each family that applies for a grant on behalf of one or more children of the family an administrative fee of not more than $25.

     2.  A scholarship organization shall:

     (a) Establish written procedures that the scholarship organization will use to determine whether a pupil meets the requirements to receive a grant pursuant to section 5 of Assembly Bill No. 165, chapter 22, Statutes of Nevada 2015, at page 87, and to award grants on behalf of qualified pupils.

     (b) Post the procedures established pursuant to paragraph (a) on an Internet website maintained by the scholarship organization and provide a written copy of the procedures with each application form.

     (c) Provide an application form to be completed by an applicant for a grant. A scholarship organization may only award a grant on behalf of a pupil for whom a complete application is submitted but is not required to award a grant to a pupil solely because his or her application is complete.

     (d) Verify annually that each pupil on behalf of whom the organization awards a grant is a member of a household that has a household income which is not more than 300 percent of the federally designated level signifying poverty. Such verification must:

          (1) Use the most recent federal poverty guidelines published in the Federal Register by the United States Department of Health and Human Services; and

          (2) Calculate household income based on the most recent formulas established by the Food and Nutrition Service of the United States Department of Agriculture for determining eligibility of pupils for free and reduced-price meals.

     3.  A scholarship organization shall award grants on behalf of pupils in the following order of priority:

     (a) A grant must be awarded for the current school year on behalf of a pupil on whose behalf a grant was awarded for the immediately preceding school year before a grant is awarded on behalf of any other pupil.

     (b) A grant must be awarded on behalf of the sibling of a pupil on whose behalf a grant has been awarded for the current school year before a grant is awarded on behalf of other pupils.

     (c) A grant must be awarded on behalf of a pupil who is not described in paragraph (a) or (b) in the order in which the completed application is received. If there are an insufficient number of grants available to award a grant on behalf of each pupil for whom a complete application was received on the same day:

          (1) A grant must be awarded on behalf of a pupil who is a member of a household that has a lower household income before a grant is awarded on behalf of a pupil who is a member of a household that has a higher household income;

          (2) If two or more applicants are members of households that have the same household income, a grant must be awarded on behalf of the pupil who is enrolled in a public school that has received a lower rating based on the most recent annual report of the statewide system of accountability for public schools before a grant is awarded on behalf of a pupil who is enrolled in a public school that has received higher ratings; and

          (3) If two or more applicants are members of households that have the same household income and attend public schools that received the same rating based on the most recent annual report of the statewide system of accountability for public schools, grants must be awarded on behalf of pupils in this category on a random basis.

     (Added to NAC by Dep’t of Education by R035-15, eff. 10-27-2015)

     NAC 385.6045  Notice to school district that pupil will not attend current school; written statement to and quarterly payments from scholarship organization; transfer of pupil; authorized uses of grant. (§ 5 of ch. 22, Stats. 2015)

     1.  If the pupil on behalf of whom a grant was awarded was enrolled in a public school in this State for the school year immediately preceding the school year for which the grant is awarded, the parent or guardian of the pupil must inform the school district in which the public school is located or the charter school that the pupil previously attended, as applicable, that the pupil will not attend the school for the current school year.

     2.  A scholarship organization that awards a grant on behalf of a pupil pursuant to section 5 of Assembly Bill No. 165, chapter 22, Statutes of Nevada 2015, at page 87, shall:

     (a) Obtain and maintain a written statement from the parent or guardian of a pupil on behalf of whom the scholarship organization has awarded a grant that the parent or guardian has provided the notice required pursuant to subsection 1 or is not required to provide such notice; and

     (b) Make payments to the school in which the pupil has enrolled in quarterly installments.

     3.  If a pupil on behalf of whom a grant is awarded transfers during the school year:

     (a) To another registered private school, the parent or guardian of the pupil must notify the scholarship organization and the scholarship organization must make payments to the registered private school that the pupil previously attended and the registered private school to which the pupil transferred on a pro rata basis for the quarter during which the pupil transferred.

     (b) To a public school, the parent or guardian of the pupil must notify the scholarship organization and the scholarship organization:

          (1) Must make payments to the registered private school that the pupil previously attended on a pro rata basis for the quarter during which the pupil transferred; and

          (2) Must not make any further payments on behalf of the pupil unless the parent or guardian of the pupil amends the application to include eligible expenses at the public school.

     4.  A grant provided by a scholarship organization:

     (a) May be used to pay for:

          (1) Tuition and fees to attend a registered private school, the cost of purchasing textbooks and other supplies and the cost of transportation to and from a registered private school;

          (2) If the public school, including, without limitation, a charter school, in which the pupil is enrolled does not provide transportation to the pupil, the cost of transportation to and from the public school; and

          (3) The cost of tuition-based programs offered by a public school, including, without limitation, distance education and dual credit courses.

     (b) May not be awarded on behalf of a homeschooled child or an opt-in child.

     5.  More than one scholarship organization may award a grant on behalf of a pupil. A parent shall ensure that grants awarded on behalf of a pupil do not exceed, in aggregate, the maximum amount authorized pursuant to section 5 of Assembly Bill No. 165, chapter 22, Statutes of Nevada 2015, at page 87, and a school shall not accept grants on behalf of a pupil that, in aggregate, exceed that maximum amount. The Department will publish the maximum amount on its Internet website.

     (Added to NAC by Dep’t of Education by R035-15, eff. 10-27-2015)

     NAC 385.6055  Registration of school with Department to receive grant on behalf of pupil. (§ 5 of ch. 22, Stats. 2015)

     1.  To be eligible to receive a grant on behalf of a pupil through the Nevada Educational Choice Scholarship Program, a school must register with the Department on a form prescribed by the Superintendent of Public Instruction.

     2.  The Department will maintain a directory of each school that registers pursuant to subsection 1 on its Internet website.

     (Added to NAC by Dep’t of Education by R035-15, eff. 10-27-2015)

     NAC 385.606  Annual administration of norm-referenced test approved by Department. (§ 5 of ch. 22, Stats. 2015)

     1.  At least once each school year, each registered private school shall administer at least one nationally norm-referenced test that has been approved by the Department pursuant to subsection 2 to each pupil on behalf of whom a grant is provided pursuant to section 5 of Assembly Bill No. 165, chapter 22, Statutes of Nevada 2015, at page 87. The registered private school must include the results of the test in the record of the academic progress of the pupil that the school is required to maintain pursuant to subsection 5 of section 5 of Assembly Bill No. 165, chapter 22, Statutes of Nevada 2015, at page 87.

     2.  Except as otherwise provided in subsection 3, the Department will approve a nationally norm-referenced test for administration to pupils on behalf of whom grants are awarded if:

     (a) The test has a reliability coefficient of at least 0.8 measuring the internal consistency of the test;

     (b) The test has high validity as evidenced by the alignment of the test with nationally recognized content standards as well as specific evidence of content, concurrent or criterion validity;

     (c) Norming studies have been conducted on the test within the immediately preceding 10 years; and

     (d) The test serves as a measure of pupil achievement in core academic areas for pupils enrolled in kindergarten through grade 12.

     3.  The Department may approve a test that does not meet the requirements of subsection 2 for administration to pupils on behalf of whom grants are awarded who are enrolled in kindergarten, first grade or second grade.

     4.  The Department will maintain a list of each test that is approved pursuant to subsections 2 and 3.

     (Added to NAC by Dep’t of Education by R035-15, eff. 10-27-2015)

     NAC 385.6065  Quarterly submission of electronic list of certain information; annual report of aggregate data. (§ 5 of ch. 22, Stats. 2015)

     1.  By not later than August 15, October 15, January 15 and March 15 of each year, each school that is registered pursuant to NAC 385.6055 shall submit to the Department electronically a list of each pupil on behalf of whom the school received money from a grant for the previous quarter pursuant to section 5 of Assembly Bill No. 165, chapter 22, Statutes of Nevada 2015, at page 87. The electronic list must include, for each grant:

     (a) Demographic information for each pupil on behalf of whom grant money is received, including the name, date of birth, grade level, gender and race or ethnicity of the pupil and the name and address of the parent or guardian of the pupil;

     (b) The name of each scholarship organization that awarded a grant to the school on behalf of a pupil and the amount of each grant; and

     (c) The manner in which money from each grant has been used, including, without limitation, any portion of such money that has been used to pay for:

          (1) Tuition and fees charged by the school; and

          (2) Transportation to and from the school.

     2.  The Department will collect the records of academic progress that each school that is registered pursuant to NAC 385.6055 is required to maintain pursuant to subsection 5 of section 5 of Assembly Bill No. 165, chapter 22, Statutes of Nevada 2015, at page 87, and aggregate the information contained in the records. By not later than December 15 of each even-numbered year, the Department will submit a report containing the aggregated information to the Governor, the State Board and the Director of the Legislative Counsel Bureau. The Department will not report information in a manner that discloses personally identifiable information of a pupil.

     (Added to NAC by Dep’t of Education by R035-15, eff. 10-27-2015)

     NAC 385.607  Complaint concerning violation of Program; required information; determination and authorized actions. (§ 5 of ch. 22, Stats. 2015)

     1.  A person may file a complaint of a violation of state law or regulation concerning the Nevada Educational Choice Scholarship Program with the Superintendent of Public Instruction by mailing the complaint to:

 

Superintendent of Public Instruction 700 East Fifth Street Carson City, Nevada 89701

 

     2.  An initial complaint filed pursuant to subsection 1 must include, without limitation, the name, telephone number and address of the complainant and the description of the alleged violation.

     3.  After a complaint is received, the Department will review the complaint for legal sufficiency and may request additional information from the complainant and any interested party. If, as a result of this review, the Superintendent of Public Instruction determines that:

     (a) No further action is required, he or she may close the complaint.

     (b) The complaint may have merit, the Department may:

          (1) Conduct any further investigation it deems necessary and appropriate;

          (2) Forward the complaint and the results of the review and any investigation to the Attorney General or a law enforcement agency for a criminal investigation;

          (3) Issue a letter of admonition to the person or governmental agency that committed the violation; or

          (4) After providing notice and the opportunity for a hearing to the person or governmental agency accused of the violation:

               (I) Revoke the right of the person or governmental agency to participate in the Nevada Educational Choice Scholarship Program; or

               (II) Find that a grant has been awarded in error and require money to be returned to the Department of Taxation.

     (Added to NAC by Dep’t of Education by R035-15, eff. 10-27-2015)

MISCELLANEOUS PROVISIONS

     NAC 385.650  Assignment of numbers for identification of records of pupils in public schools. (NRS 385.080)

     1.  A school district shall assign to each pupil enrolled in a public school in the district a number which identifies the records of the pupil for use by the Department of Education. If a parent or legal guardian of a pupil elects to provide the social security number of the pupil, the identification number assigned to a pupil must be the pupil’s social security number. If a parent or legal guardian of a pupil elects not to provide the pupil’s social security number, the school district shall assign to the pupil an alternate number which uniquely identifies the records of the pupil.

     2.  Except as otherwise provided in this subsection, a pupil must be assigned only one identification number which identifies the pupil’s records for the duration of his or her enrollment in the public school system in Nevada for use by the Department of Education. If a pupil’s identification number is his or her social security number, a parent or legal guardian of the pupil may object to the continued use of the pupil’s social security number and request that the school district assign an alternate number which uniquely identifies the records of the pupil.

     3.  The provisions of this section do not:

     (a) Require a parent or legal guardian of a pupil to provide the social security number of the pupil.

     (b) Prohibit a school district from establishing or maintaining a separate system for identifying pupils for use by the school district.

     (Added to NAC by Bd. of Education by R106-96, eff. 4-3-98)