[Rev. 5/20/2016 4:30:24 PM--2015]

CHAPTER 388D - ALTERNATIVE SCHOOL CHOICES

HOMESCHOOLED CHILDREN

NRS 388D.010        “Parent” defined.

NRS 388D.020        Notice of intent to homeschool; acknowledgement of notification.

NRS 388D.030        Release of child’s records.

NRS 388D.040        Admittance or entrance to school; participation in examinations.

NRS 388D.050        Educational plan.

NRS 388D.060        Discrimination prohibited.

NRS 388D.070        Form for participation in programs and activities at public school or through Nevada Interscholastic Activities Association.

OPT-IN CHILDREN

NRS 388D.100        “Parent” defined.

NRS 388D.110        Notice that child is opt-in child; acknowledgement of notification.

NRS 388D.120        Release of child’s records.

NRS 388D.130        Admittance or entrance to public school; participation in examinations.

NRS 388D.140        Notice of intent to participate in programs and activities.

EDUCATIONAL SERVICES FOR CHILDREN EMPLOYED IN ENTERTAINMENT INDUSTRY

NRS 388D.200        Payment of tutoring or other educational services for child who is employed to work in entertainment industry.

NEVADA EDUCATIONAL CHOICE SCHOLARSHIP PROGRAM

NRS 388D.250        Short title.

NRS 388D.260        “Scholarship organization” defined.

NRS 388D.270        Requirements for scholarship organization; grants provided by scholarship organization on behalf of pupils; records; regulations.

NRS 388D.280        Submission of report to Department of Education required.

_________

HOMESCHOOLED CHILDREN

      NRS 388D.010  “Parent” defined.  As used in NRS 388D.010 to 388D.060, inclusive, “parent” means the parent, custodial parent, legal guardian or other person in this State who has control or charge of a child and the legal right to direct the education of the child.

      (Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

      NRS 388D.020  Notice of intent to homeschool; acknowledgement of notification.

      1.  If the parent of a child who is subject to compulsory attendance wishes to homeschool the child, the parent must file with the superintendent of schools of the school district in which the child resides a written notice of intent to homeschool the child. The Department shall develop a standard form for the notice of intent to homeschool. The form must not require any information or assurances that are not otherwise required by this section or other specific statute. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents who wish to homeschool their child.

      2.  The notice of intent to homeschool must be filed before beginning to homeschool the child or:

      (a) Not later than 10 days after the child has been formally withdrawn from enrollment in public school; or

      (b) Not later than 30 days after establishing residency in this State.

      3.  The purpose of the notice of intent to homeschool is to inform the school district in which the child resides that the child is exempt from the requirement of compulsory attendance.

      4.  If the name or address of the parent or child as indicated on a notice of intent to homeschool changes, the parent must, not later than 30 days after the change, file a new notice of intent to homeschool with the superintendent of schools of the school district in which the child resides.

      5.  A notice of intent to homeschool must include only the following:

      (a) The full name, age and gender of the child;

      (b) The name and address of each parent filing the notice of intent to homeschool;

      (c) A statement signed and dated by each such parent declaring that the parent has control or charge of the child and the legal right to direct the education of the child, and assumes full responsibility for the education of the child while the child is being homeschooled;

      (d) An educational plan for the child that is prepared pursuant to NRS 388D.050;

      (e) If applicable, the name of the public school in this State which the child most recently attended; and

      (f) An optional statement that the parent may sign which provides:

 

I expressly prohibit the release of any information contained in this document, including, without limitation, directory information as defined in 20 U.S.C. § 1232g(a)(5)(A), without my prior written consent.

 

      6.  Each superintendent of schools of a school district shall accept notice of intent to homeschool that is filed with the superintendent pursuant to this section and meets the requirements of subsection 5, and shall not require or request any additional information or assurances from the parent who filed the notice.

      7.  The school district shall provide to a parent who files a notice a written acknowledgment which clearly indicates that the parent has provided notification required by law and that the child is being homeschooled. The written acknowledgment shall be deemed proof of compliance with Nevada’s compulsory school attendance law. The school district shall retain a copy of the written acknowledgment for not less than 15 years. The written acknowledgment may be retained in electronic format.

      (Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

      NRS 388D.030  Release of child’s records.  The superintendent of schools of a school district shall process a written request for a copy of the records of the school district, or any information contained therein, relating to a child who is being or has been homeschooled not later than 5 days after receiving the request. The superintendent of schools may only release such records or information:

      1.  To a person or entity specified by the parent of the child, or by the child if the child is at least 18 years of age, upon suitable proof of identity of the parent or child; or

      2.  If required by specific statute.

      (Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

      NRS 388D.040  Admittance or entrance to school; participation in examinations.

      1.  If a child who is or was homeschooled seeks admittance or entrance to any school in this State, the school may use only commonly used practices in determining the academic ability, placement or eligibility of the child. If the child enrolls in a charter school, the charter school shall, to the extent practicable, notify the board of trustees of the school district in which the child resides of the child’s enrollment in the charter school. Regardless of whether the charter school provides such notification to the board of trustees, the charter school may count the child who is enrolled for the purposes of the calculation of basic support pursuant to NRS 387.1223. A homeschooled child seeking admittance to public high school must comply with NRS 392.033.

      2.  A school or organization shall not discriminate in any manner against a child who is or was homeschooled.

      3.  Each school district shall allow homeschooled children to participate in all college entrance examinations offered in this State, including, without limitation, the SAT, the ACT, the Preliminary SAT and the National Merit Scholarship Qualifying Test. Each school district shall ensure that the homeschooled children who reside in the school district have adequate notice of the availability of information concerning such examinations on the Internet website of the school district maintained pursuant to NRS 390.015.

      (Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

      NRS 388D.050  Educational plan.

      1.  The parent of a child who is being homeschooled shall prepare an educational plan of instruction for the child in the subject areas of English language arts, mathematics, science and social studies, including history, geography, economics and government, as appropriate for the age and level of skill of the child as determined by the parent.

      2.  The educational plan must be included in the notice of intent to homeschool filed pursuant to NRS 388D.020. If the educational plan contains the requirements of NRS 388D.020, the educational plan must not be used in any manner as a basis for denial of a notice of intent to homeschool that is otherwise complete. The parent must be prepared to present the educational plan of instruction and proof of the identity of the child to a court of law if required by the court.

      3.  This section does not require a parent to ensure that each subject area is taught each year that the child is homeschooled.

      (Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

      NRS 388D.060  Discrimination prohibited.  No regulation or policy of the State Board, any school district or any other governmental entity may infringe upon the right of a parent to educate his or her child based on religious preference unless it is:

      1.  Essential to further a compelling governmental interest; and

      2.  The least restrictive means of furthering that compelling governmental interest.

      (Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

      NRS 388D.070  Form for participation in programs and activities at public school or through Nevada Interscholastic Activities Association.

      1.  The Department shall develop a standard form for the notice of intent of a homeschooled child to participate in programs and activities. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents of homeschooled children.

      2.  The notice developed pursuant to subsection 1 must include the information required in the notice of intent to homeschool pursuant to NRS 388D.020, excluding the educational plan for the homeschooled child.

      3.  If a homeschooled child wishes to participate in classes, activities, programs, sports or interscholastic activities and events at a public school or through a school district, or through the Nevada Interscholastic Activities Association, the parent of the child must file a current notice of intent to participate with the school district in which the child resides.

      (Added to NRS by 2007, 3034)—(Substituted in revision for NRS 392.705)

OPT-IN CHILDREN

      NRS 388D.100  “Parent” defined.  As used in NRS 388D.100 to 388D.140, inclusive, unless the context otherwise requires, “parent” has the meaning ascribed to it in NRS 388D.010.

      (Added to NRS by 2015, 1842)

      NRS 388D.110  Notice that child is opt-in child; acknowledgement of notification.

      1.  The parent of an opt-in child shall provide notice to the school district where the child would otherwise attend or the charter school in which the child was previously enrolled, as applicable, that the child is an opt-in child as soon as practicable after entering into an agreement to establish an education savings account pursuant to NRS 353B.850. Such notice must also include:

      (a) The full name, age and gender of the child; and

      (b) The name and address of each parent of the child.

      2.  The superintendent of schools of a school district or the governing body of a charter school, as applicable, shall accept a notice provided pursuant to subsection 1 and shall not require any additional assurances from the parent who filed the notice.

      3.  The school district or the charter school, as applicable, shall provide to a parent who files a notice pursuant to subsection 1, a written acknowledgement which clearly indicates that the parent has provided the notification required by law and that the child is an opt-in child. The written acknowledgment shall be deemed proof of compliance with Nevada’s compulsory school attendance law.

      (Added to NRS by 2015, 1842)

      NRS 388D.120  Release of child’s records.  The superintendent of schools of a school district or the governing body of a charter school, as applicable, shall process a written request for a copy of the records of the school district or charter school, as applicable, or any information contained therein, relating to an opt-in child not later than 5 days after receiving the request. The superintendent of schools or governing body of a charter school may only release such records or information:

      1.  To the Department, the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau for use in preparing the biennial budget;

      2.  To a person or entity specified by the parent of the child, or by the child if the child is at least 18 years of age, upon suitable proof of identity of the parent or child; or

      3.  If required by specific statute.

      (Added to NRS by 2015, 1842)

      NRS 388D.130  Admittance or entrance to public school; participation in examinations.

      1.  If an opt-in child seeks admittance or entrance to any public school in this State, the school may use only commonly used practices in determining the academic ability, placement or eligibility of the child. If the child enrolls in a charter school, the charter school shall, to the extent practicable, notify the board of trustees of the resident school district of the child’s enrollment in the charter school. Regardless of whether the charter school provides such notification to the board of trustees, the charter school may count the child who is enrolled for the purposes of the calculation of basic support pursuant to NRS 387.1223. An opt-in child seeking admittance to public high school must comply with NRS 392.033.

      2.  A school shall not discriminate in any manner against an opt-in child or a child who was formerly an opt-in child.

      3.  Each school district shall allow an opt-in child to participate in all college entrance examinations offered in this State, including, without limitation, the SAT, the ACT, the Preliminary SAT and the National Merit Scholarship Qualifying Test. Each school district shall ensure that the opt-in child who resides in the school district has adequate notice of the availability of information concerning such examinations on the Internet website of the school district maintained pursuant to NRS 390.015.

      (Added to NRS by 2015, 1842)

      NRS 388D.140  Notice of intent to participate in programs and activities.

      1.  The Department shall develop a standard form for the notice of intent of an opt-in child to participate in programs and activities. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents of opt-in children.

      2.  If an opt-in child wishes to participate in classes, activities, programs, sports or interscholastic activities and events at a public school or through a school district, or through the Nevada Interscholastic Activities Association, the parent of the child must file a current notice of intent to participate with the resident school district.

      (Added to NRS by 2015, 1843)

EDUCATIONAL SERVICES FOR CHILDREN EMPLOYED IN ENTERTAINMENT INDUSTRY

      NRS 388D.200  Payment of tutoring or other educational services for child who is employed to work in entertainment industry.

      1.  Except as otherwise provided in this subsection, if a child is exempt from compulsory attendance pursuant to NRS 392.070 or 392.110, and the child is employed to work in the entertainment industry pursuant to a written contract for a period of more than 91 school days, or its equivalent if the child resides in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, including, without limitation, employment with a motion picture company or employment with a production company hired by a casino or resort hotel, the entity that employs the child shall, upon the request of the parent or legal guardian of the child, pay the costs for the child to receive at least 3 hours of tutoring per day for at least 5 days per week. In lieu of tutoring, the parent or legal guardian of such a child may agree with the entity that employs the child that the entity will pay the costs for the child to receive other educational or instructional services which are equivalent to tutoring. The provisions of this subsection apply during the period of a child’s employment with an entity, regardless of whether the child has obtained the appropriate exemption from compulsory attendance at the time his or her contract with the entity is under negotiation.

      2.  If such a child is exempt from compulsory attendance pursuant to NRS 392.110, the tutoring or other educational or instructional services received by the child pursuant to subsection 1 must be approved by the board of trustees of the school district in which the child resides.

      (Added to NRS by 2001, 1423; A 2003, 3217; 2011, 648)—(Substituted in revision for NRS 392.019)

NEVADA EDUCATIONAL CHOICE SCHOLARSHIP PROGRAM

      NRS 388D.250  Short title.  NRS 363A.139, 363B.119 and 388D.250 to 388D.280, inclusive, may be cited as the Nevada Educational Choice Scholarship Program.

      (Added to NRS by 2015, 86)

      NRS 388D.260  “Scholarship organization” defined.  As used in NRS 388D.250 to 388D.280, inclusive, unless the context otherwise requires, “scholarship organization” means an organization in this State that meets the requirements set forth in NRS 388D.270.

      (Added to NRS by 2015, 86)

      NRS 388D.270  Requirements for scholarship organization; grants provided by scholarship organization on behalf of pupils; records; regulations.

      1.  A scholarship organization must:

      (a) Be exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3).

      (b) Not own or operate any school in this State, including, without limitation, a private school, which receives any grant money pursuant to the Nevada Educational Choice Scholarship Program.

      (c) Accept donations from taxpayers and other persons and may also solicit and accept gifts and grants.

      (d) Not expend more than 5 percent of the total amount of money accepted pursuant to paragraph (c) to pay its administrative expenses.

      (e) Provide grants on behalf of pupils who are members of a household that has a household income which is not more than 300 percent of the federally designated level signifying poverty to allow those pupils to attend schools in this State chosen by the parents or legal guardians of those pupils, including, without limitation, private schools. The total amount of a grant provided by the scholarship organization on behalf of a pupil pursuant to this paragraph must not exceed $7,755 for Fiscal Year 2015-2016.

      (f) Not limit to a single school the schools for which it provides grants.

      (g) Except as otherwise provided in paragraph (e), not limit to specific pupils the grants provided pursuant to that paragraph.

      2.  The maximum amount of a grant provided by the scholarship organization pursuant to paragraph (e) of subsection 1 must be adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On May 1 of each year, the Department of Education shall determine the amount of increase required by this subsection, establish the adjusted amounts to take effect on July 1 of that year and notify each scholarship organization of the adjusted amounts. The Department of Education shall also post the adjusted amounts on its Internet website.

      3.  A grant provided on behalf of a pupil pursuant to subsection 1 must be paid directly to the school chosen by the parent or legal guardian of the pupil.

      4.  A scholarship organization shall provide each taxpayer and other person who makes a donation, gift or grant of money to the scholarship organization pursuant to paragraph (c) of subsection 1 with an affidavit, signed under penalty of perjury, which includes, without limitation:

      (a) A statement that the scholarship organization satisfies the requirements set forth in subsection 1; and

      (b) The total amount of the donation, gift or grant made to the scholarship organization.

      5.  Each school in which a pupil is enrolled for whom a grant is provided by a scholarship organization shall maintain a record of the academic progress of the pupil. The record must be maintained in such a manner that the information may be aggregated and reported for all such pupils if reporting is required by the regulations of the Department of Education.

      6.  The Department of Education:

      (a) Shall adopt regulations prescribing the contents of and procedures for applications for grants provided pursuant to subsection 1.

      (b) May adopt such other regulations as the Department determines necessary to carry out the provisions of this section.

      7.  As used in this section, “private school” has the meaning ascribed to it in NRS 394.103.

      (Added to NRS by 2015, 87)

      NRS 388D.280  Submission of report to Department of Education required.  A scholarship organization which receives a donation, gift or grant of money described in NRS 388D.270 shall report to the Department of Education, on or before January 31 of each year, on a form prescribed by the Department:

      1.  The name, address and contact information of the scholarship organization;

      2.  The total number of such donations, gifts and grants received by the scholarship organization during the immediately preceding calendar year;

      3.  The total dollar amount of such donations, gifts and grants received during the immediately preceding calendar year;

      4.  The total number of pupils for whom the scholarship organization made grants during the immediately preceding calendar year pursuant to NRS 388D.270;

      5.  The total dollar amount of such grants made during the immediately preceding calendar year; and

      6.  For each school for which such a grant was made during the immediately preceding calendar year:

      (a) The name and address of the school;

      (b) The number of pupils enrolled in the school for whom such a grant was made; and

      (c) The total dollar amount of such grants provided for pupils enrolled in the school.

      (Added to NRS by 2015, 88)