[Rev. 5/24/2016 3:37:30 PM--2015]

CHAPTER 388H - PROGRAMS OF EDUCATION FOR INCARCERATED PERSONS

NRS 388H.010        “Incarcerated persons” defined.

NRS 388H.020        Establishment of statewide program by Department of Education; requirements of statewide program.

NRS 388H.030        Fund for Programs of Education for Incarcerated Persons: Creation; administration; use of money; limitations on use; allocation of money to certain school districts.

NRS 388H.040        Boards of trustees of school districts authorized to operate program; compliance with statewide program; conditions for receipt of money from Fund.

NRS 388H.050        Board of Regents authorized to offer certain courses to incarcerated persons.

NRS 388H.060        Authority of Director of Department of Corrections to restrict access of school district employee to facility or institution upon good cause shown; interagency panel required to be convened if employee’s access is restricted; final decision of panel.

_________

 

      NRS 388H.010  “Incarcerated persons” defined.  As used in this chapter, 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) — (Substituted in revision for NRS 388.573)

      NRS 388H.020  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;

      (c) English as a second language;

      (d) General educational development;

      (e) Life skills;

      (f) Career and technical education; and

      (g) Postsecondary education.

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

      4.  The statewide program must establish:

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

             (1) Curriculum;

             (2) Qualifications for entry; and

             (3) Evaluation of incarcerated persons for placement; and

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

      5.  As used in this section, “general educational development” means preparation for and administration of the standardized examinations or other high school equivalency assessments 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 or an equivalent document.

      (Added to NRS by 2003, 1363; A 2005, 1050; 2013, 3266) — (Substituted in revision for NRS 388.575)

      NRS 388H.030  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) — (Substituted in revision for NRS 388.577)

      NRS 388H.040  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 388H.020;

      (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) — (Substituted in revision for NRS 388.579)

      NRS 388H.050  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) — (Substituted in revision for NRS 388.582)

      NRS 388H.060  Authority of Director of Department of Corrections to restrict access of school district employee to facility or institution upon good cause shown; interagency panel required to be convened if employee’s access is restricted; final decision of panel.

      1.  The Director of the Department of Corrections may, upon good cause shown, restrict the access of a person employed by a school district to operate a program of education for incarcerated persons to a facility or institution in which the program is operated for not more than 30 days. Within the 30-day period, an interagency panel must be convened to conduct a hearing and render a final decision pursuant to subsection 2.

      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.

      4.  For purposes of subsection 1, “good cause shown”:

      (a) May include the failure of a person employed by a school district to adhere to rules or regulations established by the Director of the Department of Corrections to protect the health and safety of staff of the facility or institution, offenders in the facility or institution and employees of the school district who operate a program of education for incarcerated persons in a facility or institution.

      (b) May not include disagreements over the content of the courses of study for such a program of education.

      (Added to NRS by 2003, 1365; A 2013, 345) — (Substituted in revision for NRS 388.583)