[Rev. 5/24/2016 3:35:41 PM--2015]

CHAPTER 388 - SYSTEM OF PUBLIC INSTRUCTION

GENERAL PROVISIONS

NRS 388.020           Kinds of public schools. [Effective through June 30, 2016.]

NRS 388.020           Kinds of public schools. [Effective July 1, 2016.]

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.

NRS 388.077           Right of pupils to constitutional expression; limitation; resolution of complaint by pupil of violation of right.

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. [Parts of this section were replaced in revision in 2015 by NRS 388.095 and 388.097.]

NRS 388.095           Scheduling school for closure because of natural disaster, inclement weather or accident; regulations.

NRS 388.097           Additional days or minutes of instruction for program of remedial education.

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 388.132           Legislative declaration concerning safe and respectful learning environment.

NRS 388.1321         Legislative declaration concerning duty of board of trustees, administrators and teachers to create and provide safe and respectful learning environment; authority of parent or guardian of pupil to petition court to compel performance of duty; remedy not exclusive.

NRS 388.1323         Office for a Safe and Respectful Learning Environment: Creation; appointment and duties of Director.

NRS 388.1325         Bullying Prevention Account: 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 board of trustees and 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 programs of training by Department; completion of program by members of State Board of Education and boards of trustees; completion of program by administrators in prevention of and appropriate responses to violence and suicide; 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 and Cyber-Bullying; Reporting and Investigation of Violations

NRS 388.135           Bullying and cyber-bullying prohibited.

NRS 388.1351         Staff member required to report violation to principal; required actions and investigation; notification to parent or guardian; written report of findings and conclusions of investigation; follow-up with victim; list of resources to be provided to parent or guardian; appeal of disciplinary action.

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

NRS 388.1354         Disciplinary action against administrator or principal or designee thereof who fails to comply with certain provisions.

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

NRS 388.137           Immunity for reporting of violations; exceptions; recommendation for disciplinary action if person who made report acted with malice, intentional misconduct, gross negligence or violation of law.

 

Rules of Behavior; Week of Respect

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

NRS 388.1395         Requirements for delivery of information during annual “Week of Respect.”

NRS 388.145           Requirements for delivery of information during annual “Week of Respect.” [Replaced in revision by NRS 388.1395.]

 

Safe-to-Tell Program

NRS 388.1451         Definitions.

NRS 388.1452         “Director” defined.

NRS 388.1453         “Safe-to-Tell Program” and “Program” defined.

NRS 388.1454         Legislative findings and declarations.

NRS 388.1455         Establishment of Program; requirements of Program; hotline or call center for initial reports; training regarding Program; duties of Director.

NRS 388.1456         Safe-to-Tell Program Advisory Committee: Establishment; membership; written report to be submitted to Governor and Legislature. [Effective through December 31, 2016.]

NRS 388.1457         Safe-to-Tell Program Account: Creation; use of money in Account; administration; acceptance of gifts, grants, donations and other sources of money; Director to post list of sources of money on Internet and transmit list to Legislature.

NRS 388.1458         Confidentiality of information provided to Program; motion to compel production or disclosure of record or information; records and information made available to appellate court.

NRS 388.1459         Willful disclosure of record or information of Program or willful neglect or refusal to obey court order punishable as criminal contempt.

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.

KINDERGARTEN AND 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.

NRS 388.157           Plan to improve literacy of pupils enrolled in certain grades: Contents; submission to Department for approval.

NRS 388.159           Learning strategist: Designation; additional compensation; provision of professional development in subject area of reading; regulations.

MIDDLE SCHOOLS AND JUNIOR HIGH SCHOOLS

NRS 388.165           Development of academic plan required.

HIGH SCHOOLS

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

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. [Expired by limitation.]

CRISIS AND EMERGENCY RESPONSE IN PUBLIC SCHOOLS

NRS 388.229           Definitions.

NRS 388.231           “Crisis” defined.

NRS 388.232           “Development committee” defined.

NRS 388.233           “Emergency” defined.

NRS 388.234           “Local organization for emergency management” defined.

NRS 388.2345         “Public safety agency” defined.

NRS 388.235           “School committee” defined.

NRS 388.241           Development committee: Establishment by school districts and charter schools; membership; terms of members.

NRS 388.243           Development committee: Development of plan to be used by schools in responding to crisis or emergency; submission of plan to board of trustees or governing body of charter school; compliance with plan required.

NRS 388.245           Annual review and update of plan for responding to crisis or emergency; maintenance, posting and distribution of plan; annual training for school employees in responding to crisis or emergency; acceptance of gifts and grants.

NRS 388.247           School committee: Establishment; membership; terms of members.

NRS 388.249           School committee: Annual review of plan prepared by development committee; determination whether to request deviation from plan; notice of review.

NRS 388.251           Review by development committee of proposed deviation from plan; notice of approval or denial; submission of copy of approved deviation to board of trustees or governing body.

NRS 388.253           Department: Development of model plan for management of crisis or emergency; requirements for model plan; authorized dissemination of plans prepared by Department and development committee; annual review and update of model plan.

NRS 388.255           State Board: Adoption of regulations concerning development of plans; review of proposed deviations and requirements for training.

NRS 388.257           Duties of principal if crisis or emergency occurs at school; determination by local agency whether crisis or emergency requires assistance from state agency; duties of Division of Emergency Management of Department of Public Safety; notification of other schools.

NRS 388.259           Confidentiality of plans, approved deviations and certain other information.

NRS 388.261           Inapplicability of Open Meeting Law to development committee, school committee and certain meetings of State Board and Department related to crisis and emergency response.

PRIVACY OF DATA CONCERNING PUPILS

Duties of Department, Board of Trustees and Governing Body

NRS 388.267           Department to establish, review and update policies and procedures to ensure privacy of data concerning pupils.

NRS 388.268           Department to establish, publish and make available on its Internet website index of data elements for automated system of accountability information for Nevada; biennial update.

NRS 388.269           Board of trustees and governing body required to establish, publish and make publicly available certain information concerning data transferred to automated system of accountability for Nevada.

NRS 388.271           Board of trustees and governing body to adopt policies and procedures governing use of certain software and manner in which data concerning pupils may be provided in certain circumstances.

NRS 388.272           Required provisions for contracts that provide for disclosure of data that includes personally identifiable information of pupil.

NRS 388.273           Department to adopt data security plan; compliance with plan; school district, sponsor of charter school and university school for profoundly gifted pupils to submit annual report concerning changes to manner in which each collects, maintains or transfers data concerning pupils.

 

School Service Providers

NRS 388.281           Definitions.

NRS 388.282           “Personally identifiable information” defined.

NRS 388.283           “School service” defined.

NRS 388.284           “School service provider” defined.

NRS 388.285           “Targeted advertising” defined.

NRS 388.291           School service provider to provide written disclosure to certain persons and entities; notice of changes to plan for security of data concerning pupils; review and correction of personally identifiable information.

NRS 388.292           Collection and uses of personally identifiable information by school service provider; limitations; requirements for transfer or disclosure of personally identifiable information; redaction of personally identifiable information upon request; penalty for violation of provisions.

NRS 388.293           Plan for security of data concerning pupils; successor entities of school service providers.

NRS 388.294           Professional development regarding use of school service providers and security of data concerning pupils.

NRS 388.295           School service provider authorized to use and disclose certain aggregated information to demonstrate effectiveness of products or services.

NRS 388.296           Waiver or modification of any right, obligation or liability of provisions prohibited.

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           Executive Officer: Designation of Superintendent of Public Instruction to serve as Executive Officer; duties.

NRS 388.342           Executive Officer: Appointment of person to oversee programs.

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; Grants to School Districts, Charter Schools and Pupil Organizations

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

NRS 388.392           Distribution of state money; limitation on use for leadership and training activities; recommendations of industry sector councils for awarding grants to school districts and charter schools.

NRS 388.393           Grants: Application by school district or charter school; review and recommendations of industry sector councils; criteria for awards.

NRS 388.394           Grants: Application by pupil organization for career and technical education; awards made on fair and equitable basis.

NRS 388.395           Grants: Application by school district or charter school for remainder of available state money; criteria for and limitation on awards.

NRS 388.396           Grants: Designation of program professional to evaluate and report on effectiveness of program.

NRS 388.397           Remainder of certain state money does not revert and is carried forward to following fiscal year.

NRS 388.400           Administration; State Treasurer as custodian.

PUPILS WHO ARE LIMITED ENGLISH PROFICIENT; ENGLISH MASTERY COUNCIL

NRS 388.405           Legislative declaration; duty of State Board to adopt regulations and submit certain evaluations required by federal law.

NRS 388.407           Board of trustees required to develop policy for instruction to teach English.

NRS 388.409           English Mastery Council: Creation; membership; terms; vacancy; Chair; meetings; compensation; acceptance of gifts and grants; administrative support. [Effective through June 30, 2019.]

NRS 388.411           English Mastery Council: Duty to make recommendations to Superintendent of Public Instruction, State Board, Commission on Professional Standards in Education, Board of Regents and school districts. [Effective through June 30, 2019.]

NRS 388.413           English Mastery Council: Preparation and submission of annual report. [Effective through June 30, 2019.]

PUPILS WITH DISABILITIES

General Provisions

NRS 388.417           Definitions.

NRS 388.419           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.

NRS 388.421           Maintenance and storage in secure location by public school; policy regarding proper handling and transportation; annual report to Division of Public and Behavioral Health concerning doses administered. [Replaced in revision by NRS 386.865.]

NRS 388.424           Order of physician for doses of epinephrine maintained by public school; school personnel authorized to administer doses; acceptance of gifts, grants and donations. [Replaced in revision by NRS 386.870.]

NRS 388.427           Training concerning food allergies and development of comprehensive action plan concerning anaphylaxis. [Replaced in revision by NRS 386.875.]

 

Educational Services

NRS 388.429           Provision of education to pupils; authorization for certain school districts to provide early intervening services; uniform criteria for eligibility for instruction.

NRS 388.431           Pupils not required to take advantage of special provisions for education.

NRS 388.433           Placement of child in special program; effect of military transfer of parent of child.

NRS 388.435           Ages for admission to special programs; enrollment counted for apportionment.

NRS 388.437           Pupils with hearing impairment: Requirements for consideration in development of individualized education program; additional considerations for best feasible instruction.

NRS 388.439           Pupils with dyslexia: Early literacy screening assessment.

NRS 388.440           Definitions. [Replaced in revision by NRS 388.417 and 388.5251.]

NRS 388.441           Pupils with dyslexia: Administration of early literacy screening assessment; addressing needs through response to scientific, research-based intervention system of instruction; additional testing and evaluation.

NRS 388.443           Pupils with dyslexia: Individualized education program team to consider certain instructional approaches when developing individualized education program.

NRS 388.445           Pupils with dyslexia: Designation of teacher and school employee to receive training and professional development concerning dyslexia.

NRS 388.447           Pupils with dyslexia: Department to prepare and publish Dyslexia Resource Guide for school districts and public schools.

NRS 388.449           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 388.450           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. [Replaced in revision by NRS 388.429 and 388.5253.]

NRS 388.451           Pupils with autism spectrum disorder: Department required to submit annual report to Aging and Disability Services Division.

NRS 388.453           Special ungraded schools and programs; powers of trustees.

 

Rights of Pupils With Disabilities

NRS 388.457           When pupil attains 18 years of age: Rights transfer to pupil; notice to parent and pupil; exception for pupil adjudicated incompetent.

NRS 388.459           When pupil attains 18 years of age: Application by parent to represent educational interests of pupil; duration of representation; appeal; regulations.

NRS 388.460           Pupils not required to take advantage of special provisions for education. [Replaced in revision by NRS 388.431 and 388.5257.]

 

Hearings Conducted Pursuant to the Individuals With Disabilities Education Act

NRS 388.463           Selection and compensation of hearing officers; appeal of decision of hearing officer. [Effective July 1, 2016.]

NRS 388.465           Regulations concerning procedures for requesting recusal of hearing officer and qualifications of hearing officers; Department to post information relating to due process hearings on Internet website. [Effective July 1, 2016.]

NRS 388.467           Burden of proof and burden of production on school district during certain due process hearings.

NRS 388.469           Authority of Department to issue subpoenas; enforcement of subpoena by court.

NRS 388.470           Placement of child in special program; effect of military transfer of parent of child. [Replaced in revision by NRS 388.433 and 388.5259.]

 

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

NRS 388.471           Definitions.

NRS 388.473           “Aversive intervention” defined.

NRS 388.475           Ages for admission to special programs; enrollment counted for apportionment. [Replaced in revision by NRS 388.435 and 388.5261.]

NRS 388.476           “Chemical restraint” defined.

NRS 388.477           Pupils with hearing impairment: Requirements for consideration in development of individualized education program; additional considerations for best feasible instruction. [Replaced in revision by NRS 388.437.]

NRS 388.478           “Corporal punishment” defined.

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. [Replaced in revision by NRS 388.449.]

NRS 388.483           Pupils with autism spectrum disorder: Department required to submit annual report to Aging and Disability Services Division. [Replaced in revision by NRS 388.451.]

NRS 388.485           “Electric shock” defined.

NRS 388.487           “Emergency” defined.

NRS 388.491           “Mechanical restraint” defined.

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. [Replaced in revision by NRS 388.457.]

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. [Replaced in revision by NRS 388.459.]

NRS 388.494           “Physical restraint” defined.

NRS 388.495           “Verbal and mental abuse” defined.

NRS 388.497           Aversive intervention prohibited.

NRS 388.499           Physical restraint and mechanical restraint prohibited; exceptions.

NRS 388.500           Special ungraded schools and programs; powers of trustees. [Replaced in revision by NRS 388.453 and 388.5263.]

NRS 388.501           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 388.503           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 388.505           Mandatory education and training for staff.

NRS 388.506           Disciplinary action against person for intentional violation.

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. [Replaced in revision by NRS 388.467.]

NRS 388.508           Report of violation; corrective plan required; appointment of administrator to oversee school under certain circumstances.

NRS 388.509           Hearings conducted pursuant to Individuals with Disabilities Education Act: Authority of Department to issue subpoenas; enforcement of subpoena by court. [Replaced in revision by NRS 388.469.]

NRS 388.511           Retaliation for reporting violation prohibited.

NRS 388.513           Reporting of denial of rights; investigation and resolution of disputes by Department.

NRS 388.515           Annual report by school districts on use of restraint and violations; compilation of reports by Department; submission of compilation to Legislature.

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. [Replaced in revision by NRS 388.419 and 388.5267.]

NRS 388.521           Definitions. [Replaced in revision by NRS 388.471.]

 

Program for Persons With Disabilities With Unique Needs

NRS 388.5211         Definitions. [Effective through June 30, 2016.]

NRS 388.5213         “Related services” defined. [Effective through June 30, 2016.]

NRS 388.5215         “Aversive intervention” defined. [Replaced in revision by NRS 388.473.]

NRS 388.5217         “School district” defined. [Effective through June 30, 2016.]

NRS 388.5219         “Special education program” defined. [Effective through June 30, 2016.]

NRS 388.522           “Chemical restraint” defined. [Replaced in revision by NRS 388.476.]

NRS 388.5221         Special education program and related services to be provided to person with disability. [Effective through June 30, 2016.]

NRS 388.5223         Eligibility for benefits. [Effective through June 30, 2016.]

NRS 388.5223         Eligibility for benefits. [Effective July 1, 2016.]

NRS 388.5225         “Corporal punishment” defined. [Replaced in revision by NRS 388.478.]

NRS 388.5227         Application for benefits; action by board of trustees. [Effective through June 30, 2016.]

NRS 388.5229         Duties of Superintendent of Public Instruction upon receipt of application. [Effective through June 30, 2016.]

NRS 388.523           “Electric shock” defined. [Replaced in revision by NRS 388.485.]

NRS 388.5231         Transportation of person with disability; State to pay for provision of special education program and related services. [Effective through June 30, 2016.]

NRS 388.5233         Money to carry out provisions of NRS 388.5211 to 388.5243, inclusive. [Effective through June 30, 2016.]

NRS 388.5235         “Emergency” defined. [Replaced in revision by NRS 388.487.]

NRS 388.5237         Interagency Panel: Responsibility; membership; duties. [Effective through June 30, 2016.]

NRS 388.5237         Interagency Panel: Responsibility; membership; duties. [Effective July 1, 2016.]

NRS 388.5239         Priority of placement in homes or facilities located in this State. [Effective through June 30, 2016.]

NRS 388.5239         Priority of placement in homes or facilities located in this State. [Effective July 1, 2016.]

NRS 388.5241         Monitoring of children placed in foster homes and residential facilities outside State. [Effective through June 30, 2016.]

NRS 388.5241         Monitoring of children placed in foster homes and residential facilities outside State. [Effective July 1, 2016.]

NRS 388.5243         Contingency Account for Special Education Services: Creation; use of money in Account; regulations.

NRS 388.525           “Mechanical restraint” defined. [Replaced in revision by NRS 388.491.]

GIFTED AND TALENTED PUPILS

NRS 388.5251         Definitions.

NRS 388.5253         Provision of education to gifted and talented pupils.

NRS 388.5255         “Physical restraint” defined. [Replaced in revision by NRS 388.494.]

NRS 388.5257         Pupils not required to take advantage of special provisions for education.

NRS 388.5259         Placement of child in special program.

NRS 388.526           “Verbal and mental abuse” defined. [Replaced in revision by NRS 388.495.]

NRS 388.5261         Age for admission to special programs; enrollment counted for apportionment.

NRS 388.5263         Special ungraded schools and programs; powers of trustees.

NRS 388.5265         Aversive intervention prohibited. [Replaced in revision by NRS 388.497.]

NRS 388.5267         Minimum standards for special education of gifted and talented pupils; limitation on apportionment of state money for instruction.

NRS 388.527           Physical restraint and mechanical restraint prohibited; exceptions. [Replaced in revision by NRS 388.499.]

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. [Replaced in revision by NRS 388.501.]

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. [Replaced in revision by NRS 388.503.]

NRS 388.5285         Mandatory education and training for staff. [Replaced in revision by NRS 388.505.]

NRS 388.529           Disciplinary action against person for intentional violation. [Replaced in revision by NRS 388.506.]

NRS 388.5295         Report of violation; corrective plan required; appointment of administrator to oversee school under certain circumstances. [Replaced in revision by NRS 388.508.]

NRS 388.531           Retaliation for reporting violation prohibited. [Replaced in revision by NRS 388.511.]

NRS 388.5315         Reporting of denial of rights; investigation and resolution of disputes by Department. [Replaced in revision by NRS 388.513.]

NRS 388.5317         Annual report by school districts on use of restraint and violations; compilation of reports by Department; submission of compilation to Legislature. [Replaced in revision by NRS 388.515.]

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. [Replaced in revision by NRS 388H.010.]

NRS 388.575           Establishment of statewide program by Department of Education; requirements of statewide program. [Replaced in revision by NRS 388H.020.]

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. [Replaced in revision by NRS 388H.030.]

NRS 388.579           Boards of trustees of school districts authorized to operate program; compliance with statewide program; conditions for receipt of money from Fund. [Replaced in revision by NRS 388H.040.]

NRS 388.582           Board of Regents authorized to offer certain courses to incarcerated persons. [Replaced in revision by NRS 388H.050.]

NRS 388.583           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. [Replaced in revision by NRS 388H.060.]

PROGRAM OF INFORMATION CONCERNING MISSING CHILDREN

NRS 388.585           Establishment of program by trustees; assistance of Attorney General or State Board. [Replaced in revision by NRS 386.975.]

STATE SEAL OF BILITERACY PROGRAM

NRS 388.591           Establishment of Program; creation and delivery of State Seal of Biliteracy; participation in Program; regulations.

NRS 388.593           Criteria for award of State Seal of Biliteracy.

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 for each school quarter under certain circumstances; quarterly report on variances submitted to Interim Finance Committee; additional 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.

NRS 388.723           Duties of Department: Development of policies and procedures relating to reduction of pupil-teacher ratio; guidance to school districts regarding development of plan, requirements for reporting information and data to be monitored; communication with board of trustees of school district regarding certain expectations.

NRS 388.725           Quarterly reports of average daily attendance and pupil-teacher ratios in elementary schools required of school districts; posting of report on Internet website.

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; establishment of plan for use of educational technology; administrative support by Department; assessment of needs of school districts relating to educational technology; advisory committee authorized. [Effective through June 30, 2016.]

NRS 388.795           Commission on Educational Technology: Duties; establishment of plan for use of educational technology; administrative support by Department; assessment of needs of school districts relating to educational technology; advisory committee authorized. [Effective July 1, 2016.]

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 and charter schools 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 full-time enrollment; written agreement between board of trustees and provider of distance education program; Superintendent of Public Instruction to determine amount of apportionment to be allocated by school district where pupil resides if pupil is enrolled part-time and amount not specified in agreement.

NRS 388.858           Pupil enrolled in charter school: Full-time enrollment in program only when provided by charter school; permission of charter school not required for part-time enrollment; written agreement between charter school and provider of distance education program required when pupil is enrolled in program part-time; Superintendent of Public Instruction to determine amount of apportionment to be allocated by charter school to school providing distance education program if pupil is enrolled part-time and amount not specified in agreement.

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. [Effective through June 30, 2016.]

NRS 388.880           Immunity from civil liability for reporting threat of violence against school official, school employee or pupil; exceptions. [Effective July 1, 2016.]

_________

 

GENERAL PROVISIONS

      NRS 388.020  Kinds of public schools. [Effective through June 30, 2016.]

      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 chapter 388A of NRS.

      6.  A university school for profoundly gifted pupils is a public school established pursuant to chapter 388C of NRS.

      [237:32:1956] — (NRS A 1977, 222; 1997, 1864; 1999, 3311; 2005, 2428; 2015, 1194)

      NRS 388.020  Kinds of public schools. [Effective July 1, 2016.]

      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 chapter 388A of NRS or an achievement charter school that is formed pursuant to chapter 388B of NRS.

      6.  A university school for profoundly gifted pupils is a public school established pursuant to chapter 388C of NRS.

      [237:32:1956] — (NRS A 1977, 222; 1997, 1864; 1999, 3311; 2005, 2428; 2015, 1194, 3809, effective July 1, 2016)

      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 388E.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)

      NRS 388.077  Right of pupils to constitutional expression; limitation; resolution of complaint by pupil of violation of right.

      1.  Each pupil of a public school, including, without limitation, each pupil of a university school for profoundly gifted pupils, is entitled to express himself or herself in a manner consistent with the rights guaranteed by the First and Fourteenth Amendments to the United States Constitution.

      2.  Any expression described in subsection 1 must not be disruptive of instruction at a public school, including, without limitation, a university school for profoundly gifted pupils, must not be used to bully or intimidate any person and must not be organized, broadcast or endorsed by a public school, including, without limitation, a university school for profoundly gifted pupils.

      3.  The board of trustees of each school district, the governing body of each charter school and the governing body of each university school for profoundly gifted pupils must adopt a policy prescribing procedures for the resolution of a complaint by a pupil of the school district, charter school or university school for profoundly gifted pupils that the rights of the pupil described in subsection 1 have been violated. The policy required by this subsection may be part of a comprehensive discrimination grievance policy of the school district, charter school or university school for profoundly gifted pupils or may be a separate policy.

      (Added to NRS by 2015, 969)

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)

      NRS 388.090  Minimum number of days of school; application for alternative schedule; application for reduction in minutes or additional minutes. [Parts of this section were replaced in revision in 2015 by NRS 388.095 and 388.097.]

      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 6; 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 and NRS 388.095 and 388.097 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.  The State Board shall adopt regulations 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 388.095  Scheduling school for closure because of natural disaster, inclement weather or accident; regulations.

      1.  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 NRS 388.090, in addition to the number of days required by NRS 388.090, 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

      (c) Any combination thereof.

      2.  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 NRS 388.090, 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.

      3.  The State Board shall adopt regulations 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.

      [244:32:1956] — (NRS A 1973, 261; 1987, 1024; 1991, 1366; 1995, 2521; 2001, 3156; 2003, 3215; 2005, 257, 518; 2007, 28) — (Substituted in revision for part of NRS 388.090)

      NRS 388.097  Additional days or minutes of instruction for program of remedial education.

      1.  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.

      2.  If the Superintendent of Public Instruction authorizes additional days or minutes pursuant to subsection 1, 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.

      3.  If the board of trustees adopts a policy pursuant to subsection 2, the policy must include, without limitation:

      (a) The criteria for determining that a pupil be enrolled in the program of remedial education; and

      (b) 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.

      [244:32:1956] — (NRS A 1973, 261; 1987, 1024; 1991, 1366; 1995, 2521; 2001, 3156; 2003, 3215; 2005, 257, 518; 2007, 28) — (Substituted in revision for part of NRS 388.090)

      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 388.1395, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.122, 388.123 and 388.124 have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 1928; A 2005, 705; 2009, 687; 2011, 2244; 2013, 1654, 2137; 2015, 411)

      NRS 388.122  “Bullying” defined.

      1.  “Bullying” means written, verbal or electronic expressions or physical acts or gestures, or any combination thereof, that are directed at a person or group of persons, or a single severe and willful act or expression that is directed at a person or group of persons, and:

      (a) Have the effect of:

             (1) Physically harming a person or damaging the property of a person; or

             (2) Placing a person in reasonable fear of physical harm to the person or damage to the property of the person;

      (b) Interfere with the rights of a person by:

             (1) Creating an intimidating or hostile educational environment for the person; or

             (2) Substantially interfering with the academic performance of a pupil or the ability of the person to participate in or benefit from services, activities or privileges provided by a school; or

      (c) Are acts or conduct described in paragraph (a) or (b) and are based upon the:

             (1) Actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person; or

             (2) Association of a person with another person having one or more of those actual or perceived characteristics.

      2.  The term includes, without limitation:

      (a) Repeated or pervasive taunting, name-calling, belittling, mocking or use of put-downs or demeaning humor regarding the actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person;

      (b) Behavior that is intended to harm another person by damaging or manipulating his or her relationships with others by conduct that includes, without limitation, spreading false rumors;

      (c) Repeated or pervasive nonverbal threats or intimidation such as the use of aggressive, menacing or disrespectful gestures;

      (d) Threats of harm to a person, to his or her possessions or to other persons, whether such threats are transmitted verbally, electronically or in writing;

      (e) Blackmail, extortion or demands for protection money or involuntary loans or donations;

      (f) Blocking access to any property or facility of a school;

      (g) Stalking; and

      (h) Physically harmful contact with or injury to another person or his or her property.

      (Added to NRS by 2009, 687; A 2011, 2245; 2013, 1655, 2138; 2015, 411)

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

      1.  Pupils are the most vital resource to the future of this State;

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

      3.  Every classroom, hallway, locker room, cafeteria, restroom, gymnasium, playground, athletic field, school bus, parking lot and other areas on the premises of a public school in this State must be maintained as a safe and respectful learning environment, and no form of bullying or cyber-bullying will be tolerated within the system of public education in this State;

      4.  Any form of bullying or cyber-bullying seriously interferes with the ability of teachers to teach in the classroom and the ability of pupils to learn;

      5.  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;

      6.  It will ensure that:

      (a) The public schools in this State provide a safe and respectful learning environment in which persons of differing beliefs, races, colors, national origins, ancestries, religions, gender identities or expressions, sexual orientations, physical or mental disabilities, sexes or any other distinguishing characteristics or 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 and professional behavior on the premises of any public school by treating other persons, including, without limitation, pupils, with civility and respect, by refusing to tolerate bullying and cyber-bullying, and by taking immediate action to protect a victim or target of bullying or cyber-bullying when witnessing, overhearing or being notified that bullying or cyber-bullying is occurring or has occurred;

      (c) The quality of instruction is not negatively impacted by poor attitudes or interactions among administrators, principals, teachers, coaches or other personnel of a school district;

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

      (e) Any teacher, administrator, principal, coach or other staff member or pupil who tolerates or engages in an act of bullying or cyber-bullying or violates a provision of NRS 388.121 to 388.1395, inclusive, regarding a response to bullying or cyber-bullying will be held accountable; and

      7.  By declaring this mandate 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 be free from physical, emotional or mental abuse while in the care of the State and that pupils be provided with an environment that allows them to learn.

      (Added to NRS by 2001, 1929; A 2005, 705; 2009, 687; 2013, 1655; 2015, 412, 881)

      NRS 388.1321  Legislative declaration concerning duty of board of trustees, administrators and teachers to create and provide safe and respectful learning environment; authority of parent or guardian of pupil to petition court to compel performance of duty; remedy not exclusive.

      1.  The Legislature hereby declares that the members of a board of trustees and all administrators and teachers of a school district have a duty to create and provide a safe and respectful learning environment for all pupils that is free of bullying and cyber-bullying.

      2.  A parent or guardian of a pupil of the public school system of this State may petition a court of competent jurisdiction for a writ of mandamus to compel the performance of any duty imposed by the provisions of NRS 388.121 to 388.1395, inclusive.

      3.  Nothing in this section shall be deemed to preclude a parent or guardian of a pupil of the public school system of this State from seeking any remedy available at law or in equity.

      (Added to NRS by 2015, 410)

      NRS 388.1323  Office for a Safe and Respectful Learning Environment: Creation; appointment and duties of Director.

      1.  The Office for a Safe and Respectful Learning Environment is hereby created within the Department.

      2.  The Superintendent of Public Instruction shall appoint a Director of the Office, who shall serve at the pleasure of the Superintendent.

      3.  The Director of the Office shall ensure that the Office:

      (a) Maintains a 24-hour, toll-free statewide hotline and Internet website by which any person can report a violation of the provisions of NRS 388.121 to 388.1395, inclusive, and obtain information about anti-bullying efforts and organizations; and

      (b) Provides outreach and anti-bullying education and training for pupils, parents and guardians, teachers, administrators, principals, coaches and other staff members and the members of a board of trustees of a school district. The outreach and training must include, without limitation:

             (1) Training regarding methods, procedures and practice for recognizing bullying and cyber-bullying behaviors;

             (2) Training regarding effective intervention and remediation strategies regarding bullying and cyber-bullying;

             (3) Training regarding methods for reporting violations of NRS 388.135; and

             (4) Information on and referral to available resources regarding suicide prevention and the relationship between bullying or cyber-bullying and suicide.

      4.  The Director of the Office shall establish procedures by which the Office may receive reports of bullying and cyber-bullying and complaints regarding violations of the provisions of NRS 388.121 to 388.1395, inclusive.

      5.  The Director of the Office or his or her designee shall investigate any complaint that a teacher, administrator, principal, coach or other staff member or member of a board of trustees of a school district has violated a provision of NRS 388.121 to 388.1395, inclusive. If a complaint alleges criminal conduct or an investigation leads the Director of the Office or his or her designee to suspect criminal conduct, the Director of the Office may request assistance from the Investigation Division of the Department of Public Safety.

      (Added to NRS by 2015, 410)

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

      1.  The Bullying Prevention Account is hereby created in the State General Fund, to be administered by the Director of the Office for a Safe and Respectful Learning Environment appointed pursuant to NRS 388.1323. The Director of the Office may accept gifts and grants from any source for deposit into the Account. The interest and income earned on the money in the Account must be credited to the Account.

      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 Account 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 and cyber-bullying;

      (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 388.1395, 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 388.1395, inclusive.

      (Added to NRS by 2011, 2242; A 2013, 1655, 2755; 2015, 413)

      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 Account pursuant to NRS 388.1325.

      2.  As are necessary to carry out the provisions of NRS 388.121 to 388.1395, inclusive.

      (Added to NRS by 2011, 2244; A 2013, 2755; 2015, 413)

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 and cyber-bullying.

      2.  The policy must include, without limitation:

      (a) Requirements and methods for reporting violations of NRS 388.135, including, without limitation, violations among teachers and violations between teachers and administrators, principals, coaches and other personnel of a school district; and

      (b) A policy for use by school districts to train members of the board of trustees and all 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 by eliminating the use of bullying and cyber-bullying so that pupils may realize their full academic and personal potential;

             (2) Training in methods to prevent, identify and report incidents of bullying and cyber-bullying;

             (3) Methods to promote a positive learning environment;

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

             (5) 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; 2013, 1656, 2138; 2015, 881)

      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 board of trustees and school personnel; posting of policies on Internet website; annual review and update of policies.  The board of trustees of each school district shall:

      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 members of the board of trustees and 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. For members of the board of trustees who have not previously been elected or appointed to the board of trustees or for employees of the school district who have not previously been employed by the district, the training required by this subsection must be provided within 180 days after the member begins his or her term of office or after the employee begins his or her employment, as applicable.

      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; 2013, 2138)

      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 and cyber-bullying, 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 or cyber-bullying. 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 388.1395, 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 and cyber-bullying; 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; A 2013, 1656; 2015, 414)

      NRS 388.1342  Establishment of programs of training by Department; completion of program by members of State Board of Education and boards of trustees; completion of program by administrators in prevention of and appropriate responses to violence and suicide; annual review and update.

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

      (a) Establish a program of training on methods to prevent, identify and report incidents of bullying and cyber-bullying for members of the State Board.

      (b) Establish a program of training on methods to prevent, identify and report incidents of bullying and cyber-bullying for members of the boards of trustees of school districts.

      (c) Establish a program of training for school district and charter school personnel to assist those persons with carrying out their powers and duties pursuant to NRS 388.121 to 388.1395, inclusive.

      (d) Establish a program of training for administrators in the prevention of violence and suicide associated with bullying and cyber-bullying and appropriate methods to respond to incidents of violence or suicide.

      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 and cyber-bullying 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.  Except as otherwise provided in NRS 388.134, each member of a board of trustees of a school district shall, within 1 year after the member is elected or appointed to the board of trustees, complete the program of training on bullying and cyber-bullying established pursuant to paragraph (b) of subsection 1 and undergo the training at least one additional time while the person is a member of the board of trustees.

      4.  Each administrator of a public school shall complete the program of training established pursuant to paragraph (d) of subsection 1:

      (a) Within 90 days after becoming an administrator;

      (b) Except as otherwise provided in paragraph (c), at least once every 3 years thereafter; and

      (c) At least once during any school year within which the program of training is revised or updated.

      5.  Each program of training established 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.

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

      7.  The Department shall review each program of training established pursuant to subsection 1 on an annual basis to ensure that the program contains current information.

      (Added to NRS by 2011, 2242; A 2013, 1657, 2139; 2015, 414)

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 and cyber-bullying;

      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; A 2013, 1658)

      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;

      (c) At least one parent or legal guardian of a pupil enrolled in the school; and

      (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 or cyber-bullying;

      (c) Review and strengthen school policies to prevent and address bullying or cyber-bullying;

      (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 and cyber-bullying; and

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

      (Added to NRS by 2011, 2243; A 2013, 1658)

Prohibition of Bullying and Cyber-Bullying; Reporting and Investigation of Violations

      NRS 388.135  Bullying and cyber-bullying 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, a member of a club or organization which uses the facilities of any public school, regardless of whether the club or organization has any connection to the school, or any pupil shall not engage in bullying or cyber-bullying 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; 2013, 1658)

      NRS 388.1351  Staff member required to report violation to principal; required actions and investigation; notification to parent or guardian; written report of findings and conclusions of investigation; follow-up with victim; list of resources to be provided to parent or guardian; appeal of disciplinary action.

      1.  A teacher, administrator, principal, coach 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 report the violation to the principal or his or her designee as soon as practicable, but not later than a time during the same day on which the teacher, administrator, principal, coach or other staff member witnessed the violation or received information regarding the occurrence of a violation.

      2.  Upon receiving a report required by subsection 1, the principal or designee shall immediately take any necessary action to stop the bullying or cyber-bullying and ensure the safety and well-being of the reported victim or victims of the bullying or cyber-bullying and shall begin an investigation into the report. The investigation must include, without limitation:

      (a) Except as otherwise provided in subsection 3, notification provided by telephone, electronic mail or other electronic means or provided in person, of the parents or guardians of all pupils directly involved in the reported bullying or cyber-bullying, as applicable, either as a reported aggressor or a reported victim of the bullying or cyber-bullying. The notification must be provided not later than:

             (1) If the bullying or cyber-bullying is reported before the end of school hours on a school day, 6 p.m. on the day on which the bullying or cyber-bullying is reported; or

             (2) If the bullying or cyber-bullying was reported on a day that is not a school day, or after school hours on a school day, 6 p.m. on the school day following the day on which the bullying or cyber-bullying is reported.

      (b) Interviews with all pupils whose parents or guardians must be notified pursuant to paragraph (a) and with all such parents and guardians.

      3.  If the contact information for the parent or guardian of a pupil in the records of the school is not correct, a good faith effort to notify the parent or guardian shall be deemed sufficient to meet the requirement for notification pursuant to paragraph (a) of subsection 2.

      4.  Except as otherwise provided in this subsection, an investigation required by this section must be completed not later than 2 school days after the principal or designee receives a report required by subsection 1. If the principal or designee is not able to complete the interviews required by paragraph (b) of subsection 2 within 2 school days after making a good faith effort because any of the persons to be interviewed is not available, 1 additional school day may be used to complete the investigation.

      5.  A principal or designee who conducts an investigation required by this section shall complete a written report of the findings and conclusions of the investigation. If a violation is found to have occurred, the report must 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. Subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, the report must be made available, not later than 24 hours after the completion of the written report, to all parents or guardians who must be notified pursuant to paragraph (a) of subsection 2 as part of the investigation.

      6.  Not later than 10 school days after receiving a report required by subsection 1, the principal or designee shall meet with each reported victim of the bullying or cyber-bullying to inquire about the well-being of the reported victim and to ensure that the reported bullying or cyber-bullying, as applicable, is not continuing.

      7.  To the extent that information is available, the principal or his or her designee shall provide a list of any resources that may be available in the community to assist a pupil to each parent or guardian of a pupil to whom notice was provided pursuant to this section as soon as practicable. Such a list may include, without limitation, resources available at no charge or at a reduced cost. If such a list is provided, the principal, his or her designee, or any employee of the school or the school district is not responsible for providing such resources to the pupil or ensuring the pupil receives such resources.

      8.  The parent or 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. Not later than 30 days after receiving a response provided in accordance with such a policy, the parent or guardian may submit a complaint to the Department. The Department shall consider and respond to the complaint pursuant to procedures and standards prescribed in regulations adopted by the Department.

      (Added to NRS by 2011, 2244; A 2013, 2140; 2015, 415, 2069)

      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 388.1354  Disciplinary action against administrator or principal or designee thereof who fails to comply with certain provisions.  If an administrator, principal or the designee of an administrator or principal of a school knowingly and willfully fails to comply with the provisions of NRS 388.1351, the superintendent of the school district:

      1.  Shall take disciplinary action against the employee by written admonishment, demotion, suspension, dismissal or refusal to reemploy; and

      2.  If the employee is the holder of a license issued pursuant to chapter 391 of NRS, may recommend to the board of trustees of the school district that the board submit a recommendation to the State Board for the suspension or revocation of the license.

      (Added to NRS by 2015, 410)

      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; recommendation for disciplinary action if person who made report acted with malice, intentional misconduct, gross negligence or violation of law.

      1.  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.

      2.  If a principal determines that a report of a violation of NRS 388.135 is false and that the person who made the report acted with malice, intentional misconduct, gross negligence, or intentional or knowing violation of the law, the principal may recommend the imposition of disciplinary action or other measures against the person in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.

      (Added to NRS by 2005, 705; A 2013, 2140)

Rules of Behavior; Week of Respect

      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 388.1395, inclusive, and the policies adopted by the board of trustees of the school district pursuant to NRS 388.134 under the heading “Bullying and Cyber-Bullying 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; 2013, 1659; 2015, 417)

      NRS 388.1395  Requirements for delivery of information during annual “Week of Respect.”  The board of trustees of each school district and the governing body of each charter school shall determine the most effective manner for the delivery of information to the pupils of each public school during the “Week of Respect” proclaimed by the Governor each year pursuant to NRS 236.073. The information delivered during the “Week of Respect” must focus on:

      1.  Methods to prevent, identify and report incidents of bullying and cyber-bullying;

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

      3.  Methods to facilitate positive human relations among pupils by eliminating the use of bullying and cyber-bullying.

      (Added to NRS by 2013, 2137) — (Substituted in revision for NRS 388.145)

      NRS 388.145  Requirements for delivery of information during annual “Week of Respect.”  [Replaced in revision by NRS 388.1395.]

 

Safe-to-Tell Program

      NRS 388.1451  Definitions.  As used in NRS 388.1451 to 388.1459, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.1452 and 388.1453 have the meanings ascribed to them in those sections.

      (Added to NRS by 2015, 3070)

      NRS 388.1452  “Director” defined.  “Director” means the Director of the Office for a Safe and Respectful Learning Environment appointed pursuant to NRS 388.1323.

      (Added to NRS by 2015, 3071)

      NRS 388.1453  “Safe-to-Tell Program” and “Program” defined.  “Safe-to-Tell Program” or “Program” means the Safe-to-Tell Program established within the Office for a Safe and Respectful Learning Environment pursuant to NRS 388.1455.

      (Added to NRS by 2015, 3071)

      NRS 388.1454  Legislative findings and declarations.  The Legislature hereby finds and declares that:

      1.  The ability to anonymously report information about dangerous, violent or unlawful activities, or the threat of such activities, conducted on school property, at an activity sponsored by a public school or on a school bus of a public school is critical in preventing, responding to and recovering from such activities.

      2.  It is in the best interest of this State to ensure the anonymity of a person who reports such an activity, or the threat of such an activity, and who wishes to remain anonymous and to ensure the confidentiality of any record or information associated with such a report.

      3.  It is the intent of the Legislature in enacting NRS 388.1451 to 388.1459, inclusive, to enable the people of this State to easily and anonymously provide to appropriate state or local public safety agencies and to school administrators information about dangerous, violent or unlawful activities, or the threat of such activities, conducted on school property, at an activity sponsored by a public school or on a school bus of a public school.

      (Added to NRS by 2015, 3071)

      NRS 388.1455  Establishment of Program; requirements of Program; hotline or call center for initial reports; training regarding Program; duties of Director.

      1.  The Director shall establish the Safe-to-Tell Program within the Office for a Safe and Respectful Learning Environment. The Program must enable any person to report anonymously to the Program any dangerous, violent or unlawful activity which is being conducted, or is threatened to be conducted, on school property, at an activity sponsored by a public school or on a school bus of a public school. Any information relating to any such dangerous, violent or unlawful activity, or threat thereof, received by the Program is confidential and, except as otherwise authorized pursuant to paragraph (a) of subsection 2 and NRS 388.1458, must not be disclosed to any person.

      2.  The Program must include, without limitation, methods and procedures to ensure that:

      (a) Information reported to the Program is promptly forwarded to the appropriate public safety agencies and school administrators; and

      (b) The identity of a person who reports information to the Program:

             (1) Is not known by any person designated by the Director to operate the Program;

             (2) Is not known by any person employed by, contracting with, serving as a volunteer with or otherwise assisting an organization with whom the Director enters into an agreement pursuant to subsection 3; and

             (3) Is not disclosed to any person.

      3.  On behalf of the Program, the Director may enter into agreements with any organization that the Director determines is appropriately qualified and experienced, pursuant to which the organization will operate a hotline or call center that will receive initial reports made to the Program and forward the information contained in the reports in the manner required by subsection 2.

      4.  The Director shall provide training regarding the Program to employees and volunteers of each public safety agency, public safety answering point, board of trustees of a school district, governing body of a charter school and any other entity whose employees and volunteers the Director determines should receive training regarding the Program.

      5.  The Director shall:

      (a) Post information concerning the Program on an Internet website maintained by the Director; and

      (b) Provide to each public school educational materials regarding the Program, including, without limitation, the telephone number and any other methods by which a report may be made.

      6.  As used in this section:

      (a) “Public safety agency” has the meaning ascribed to it in NRS 239B.020.

      (b) “Public safety answering point” has the meaning ascribed to it in NRS 707.500.

      (Added to NRS by 2015, 3071)

      NRS 388.1456  Safe-to-Tell Program Advisory Committee: Establishment; membership; written report to be submitted to Governor and Legislature. [Effective through December 31, 2016.]

      1.  The Safe-to-Tell Program Advisory Committee is hereby created in the Office for a Safe and Respectful Learning Environment.

      2.  The Committee consists of the following members, who must be appointed as soon as practicable after July 1, 2015, but not later than July 31, 2015:

      (a) The following members appointed by the Governor:

             (1) One member who is a representative of a law enforcement agency in a county whose population is 700,000 or more;

             (2) One member who is a representative of a law enforcement agency in a county whose population is 100,000 or more but less than 700,000;

             (3) One member who is a representative of a law enforcement agency in a county whose population is less than 100,000;

             (4) One member who is an employee or other representative of the Office of Suicide Prevention of the Division of Public and Behavioral Health of the Department of Health and Human Services;

             (5) One member who is an employee or other representative of the Department of Public Safety;

             (6) One member who is a school counselor of a public school, as defined in NRS 385.007;

             (7) One member who is a psychologist employed by a school district; and

             (8) One member who is a victim’s advocate, as defined in NRS 49.2545, or who the Governor determines is otherwise qualified to provide expertise in the field of providing assistance to victims;

      (b) One member who is a Senator, appointed by the Majority Leader of the Senate;

      (c) One member who is a Senator, appointed by the Minority Leader of the Senate;

      (d) One member who is an Assemblyman or Assemblywoman, appointed by the Speaker of the Assembly;

      (e) One member who is an Assemblyman or Assemblywoman, appointed by the Minority Leader of the Assembly;

      (f) The Superintendent of Public Instruction, or his or her designee;

      (g) The Executive Director of the State Public Charter School Authority, appointed pursuant to NRS 388A.190, or his or her designee;

      (h) One member who is a licensed teacher, appointed by the Nevada State Education Association, or its successor organization;

      (i) Two members appointed by the Nevada Association of School Administrators, or its successor organization, who are school administrators;

      (j) One member appointed by the Nevada Association of School Superintendents, or its successor organization, who is the superintendent of a county school district; and

      (k) Two members appointed by the Nevada Association of School Boards, or its successor organization.

      3.  To the extent practicable, the persons appointing members to the Committee shall coordinate the appointments to ensure that the members represent the geographic and ethnic diversity of this State.

      4.  Any vacancy occurring in the membership of the Committee must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      5.  The members of the Committee serve without compensation. If sufficient money is available, members are entitled to the travel allowances provided for state officers and employees generally while attending meetings of the Committee.

      6.  The Committee shall hold its first meeting as soon as practicable on or after August 1, 2015. At the first meeting of the Committee, the members of the Committee shall elect a Chair.

      7.  The Chair of the Committee may appoint such subcommittees of the Committee as the Chair determines necessary to carry out the duties of the Committee.

      8.  The Committee, or any subcommittee of the Committee, may seek the input, advice and assistance of persons and organizations with knowledge, interest or expertise relevant to the duties of the Committee.

      9.  The Committee shall, not later than June 30, 2016, submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 79th Session of the Nevada Legislature a written report that includes, without limitation:

      (a) Subject to the provisions regarding confidentiality set forth in NRS 388.1451 to 388.1459, inclusive, information regarding the number of reports received by the Safe-to-Tell Program and the disposition of those reports; and

      (b) Recommendations, including, without limitation, any proposed legislation for the improvement of the Safe-to-Tell Program.

      (Added to NRS by 2015, 3075)

      NRS 388.1457  Safe-to-Tell Program Account: Creation; use of money in Account; administration; acceptance of gifts, grants, donations and other sources of money; Director to post list of sources of money on Internet and transmit list to Legislature.

      1.  The Safe-to-Tell Program Account is hereby created in the State General Fund.

      2.  Except as otherwise provided in subsection 4, the money in the Account may be used only to implement and operate the Safe-to-Tell Program.

      3.  The Account must be administered by the Director, who may:

      (a) Apply for and accept any gift, donation, bequest, grant or other source of money for deposit in the Account; and

      (b) Expend any money received pursuant to paragraph (a) in accordance with subsection 2.

      4.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      5.  The money in the Account does not revert to the State General Fund at the end of any fiscal year.

      6.  The Director shall:

      (a) Post on the Internet website maintained by the Department a list of each gift, donation, bequest, grant or other source of money, if any, received pursuant to subsection 3 for deposit in the Account and the name of the donor of each gift, donation, bequest, grant or other source of money;

      (b) Update the list annually; and

      (c) On or before February 1 of each year, transmit the list prepared for the immediately preceding year:

             (1) In odd-numbered years, to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and

             (2) In even-numbered years, to the Legislative Committee on Education.

      (Added to NRS by 2015, 3073)

      NRS 388.1458  Confidentiality of information provided to Program; motion to compel production or disclosure of record or information; records and information made available to appellate court.

      1.  Except as otherwise provided in this section or as otherwise authorized pursuant to paragraph (a) of subsection 2 of NRS 388.1455, a person must not be compelled to produce or disclose any record or information provided to the Safe-to-Tell Program.

      2.  A defendant in a criminal action may file a motion to compel a person to produce or disclose any record or information provided to the Program. A defendant in a criminal action who files such a motion shall serve a copy of the motion upon the prosecuting attorney and upon the Director, either or both of whom may file a response to the motion not later than a date determined by the court.

      3.  If the court grants a motion filed by a defendant in a criminal action pursuant to subsection 2, the court may conduct an in camera review of the record or information or make any other order which justice requires. Counsel for all parties shall be permitted to be present at every stage at which any counsel is permitted to be present. If the court determines that the record or information includes evidence that could be offered by the defendant to exculpate the defendant or to impeach the testimony of a witness, the court shall order the record or information to be provided to the defendant. The identity of any person who reported information to the Safe-to-Tell Program must be redacted from any record or information provided pursuant to this subsection, and the record or information may be subject to a protective order further redacting the record or information or otherwise limiting the use of the record or information.

      4.  The record of any information redacted pursuant to subsection 3 must be sealed and preserved to be made available to the appellate court in the event of an appeal. If the time for appeal expires without an appeal, the court shall provide the record to the Safe-to-Tell Program.

      (Added to NRS by 2015, 3072)

      NRS 388.1459  Willful disclosure of record or information of Program or willful neglect or refusal to obey court order punishable as criminal contempt.  Except as otherwise provided in NRS 388.1458 or as otherwise authorized pursuant to paragraph (a) of subsection 2 of NRS 388.1455, the willful disclosure of a record or information of the Safe-to-Tell Program, including, without limitation, the identity of a person who reported information to the Program, or the willful neglect or refusal to obey any court order made pursuant to NRS 388.1458, is punishable as criminal contempt.

      (Added to NRS by 2015, 3072)

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)

KINDERGARTEN AND 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)

      NRS 388.157  Plan to improve literacy of pupils enrolled in certain grades: Contents; submission to Department for approval.

      1.  The board of trustees of each school district and the governing body of each charter school shall prepare a plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3. Such a plan must include, without limitation:

      (a) A program to provide intensive instruction to pupils who have been identified as deficient in the subject area of reading to ensure that those pupils achieve adequate proficiency in that subject area. Such a program must include, without limitation, regularly scheduled reading sessions in small groups and specific instruction on phonological and phonemic awareness, decoding skills and reading fluency;

      (b) Procedures for assessing a pupil’s proficiency in the subject area of reading using valid and reliable assessments that have been approved by the State Board by regulation:

             (1) Within the first 30 days of school after the pupil enters kindergarten or upon enrollment in kindergarten if the pupil enrolls after that period; and

             (2) During grades 1, 2 and 3;

      (c) A program to improve the proficiency in reading of pupils who are limited English proficient; and

      (d) Procedures for facilitating collaboration between learning strategists and classroom teachers.

      2.  The board of trustees of each school district or the governing body of a charter school, as applicable, shall:

      (a) Submit its plan to the Department for approval on or before the date prescribed by the Department on a form prescribed by the Department; and

      (b) Make such revisions to the plan as the Department determines are necessary.

      (Added to NRS by 2015, 1861)

      NRS 388.159  Learning strategist: Designation; additional compensation; provision of professional development in subject area of reading; regulations.

      1.  The principal of a public elementary school, including, without limitation, a charter school, shall designate a licensed teacher employed by the school who has demonstrated leadership abilities to serve as a learning strategist to train and assist teachers at the school to provide intensive instruction to pupils who have been identified as deficient in the subject area of reading.

      2.  A school district or charter school may provide additional compensation to:

      (a) A licensed teacher designated as a learning strategist pursuant to this section; or

      (b) A teacher who is employed by a school district or charter school to teach kindergarten or grade 1, 2, 3 or 4 whose overall performance is determined to be highly effective under the statewide performance evaluation system established by the State Board pursuant to NRS 391.465.

      3.  Each teacher employed by a school district or charter school to teach kindergarten or grade 1, 2, 3 or 4 shall complete professional development provided by a learning strategist designated pursuant to subsection 1 in the subject area of reading.

      4.  The State Board shall prescribe by regulation:

      (a) Any training or professional development that a learning strategist is required to successfully complete;

      (b) Any professional development that a teacher employed by a school district or charter school to teach kindergarten or grade 1, 2, 3 or 4 is required to receive from a learning strategist in the subject area of reading; and

      (c) The duties and responsibilities of a learning strategist.

      (Added to NRS by 2015, 1861)

MIDDLE SCHOOLS AND JUNIOR HIGH SCHOOLS

      NRS 388.165  Development of academic plan required.

      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)

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 requirements for graduation from high school with a diploma and the types of diplomas available;

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

      (d) 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.  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; 2013, 3265)

      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.  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.

      3.  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 2 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.

      4.  A plan submitted to a board of trustees of a school district pursuant to subsection 3 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.

      5.  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.

      6.  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; A 2013, 2039)

      NRS 388.225  Establishment of plan to prepare pupils for educational requirements of postsecondary education and success in workplace; report on progress of plan.  Expired by limitation. (See chapter 132, Statutes of Nevada 2011, at page 649.)

 

CRISIS AND EMERGENCY RESPONSE IN PUBLIC SCHOOLS

      NRS 388.229  Definitions.  As used in NRS 388.229 to 388.261, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.231 to 388.235, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 1323; A 2011, 1074; 2015, 199) — (Substituted in revision for NRS 392.600)

      NRS 388.231  “Crisis” defined.  “Crisis” means a traumatic and sudden event or emergency condition that:

      1.  Involves violence;

      2.  Profoundly and negatively affects or will affect pupils or employees of a public school, or both;

      3.  Occurs on the property of a public school, at an activity sponsored by a public school or on a school bus while the bus is engaged in its official duties for a public school; and

      4.  May involve serious injury or death.

      (Added to NRS by 2001, 1323) — (Substituted in revision for NRS 392.604)

      NRS 388.232  “Development committee” defined.  “Development committee” means a committee established pursuant to NRS 388.241.

      (Added to NRS by 2001, 1323) — (Substituted in revision for NRS 392.608)

      NRS 388.233  “Emergency” defined.  “Emergency” means an occurrence or threatened occurrence for which action is necessary to save lives, protect property or to protect the health and safety of persons, or to avert the threat of damage to property or injury to persons, on the property of a public school, at an activity sponsored by a public school or on a school bus while the bus is engaged in its official duties for a public school.

      (Added to NRS by 2011, 1073) — (Substituted in revision for NRS 392.609)

      NRS 388.234  “Local organization for emergency management” defined.  “Local organization for emergency management” has the meaning ascribed to it in NRS 414.036.

      (Added to NRS by 2011, 1074) — (Substituted in revision for NRS 392.610)

      NRS 388.2345  “Public safety agency” defined.  “Public safety agency” means:

      1.  A public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish and suppress fires;

      2.  A law enforcement agency as defined in NRS 277.035; or

      3.  An emergency medical service.

      (Added to NRS by 2015, 198)

      NRS 388.235  “School committee” defined.  “School committee” means a committee established pursuant to NRS 388.247.

      (Added to NRS by 2001, 1323) — (Substituted in revision for NRS 392.612)

      NRS 388.241  Development committee: Establishment by school districts and charter schools; membership; terms of members.

      1.  The board of trustees of each school district shall establish a development committee to develop one plan to be used by all the public schools other than the charter schools in the school district in responding to a crisis or an emergency. The governing body of each charter school shall establish a development committee to develop a plan to be used by the charter school in responding to a crisis or an emergency.

      2.  The membership of a development committee must consist of:

      (a) At least one member of the board of trustees or of the governing body that established the committee;

      (b) At least one administrator of a school in the school district or of the charter school;

      (c) At least one licensed teacher of a school in the school district or of the charter school;

      (d) At least one employee of a school in the school district or of the charter school who is not a licensed teacher and who is not responsible for the administration of the school;

      (e) At least one parent or legal guardian of a pupil who is enrolled in a school in the school district or in the charter school;

      (f) At least one representative of a local law enforcement agency in the county in which the school district or charter school is located;

      (g) At least one school police officer, including, without limitation, a chief of school police of the school district if the school district has school police officers; and

      (h) At least one representative of a state or local organization for emergency management.

      3.  The membership of a development committee may also include any other person whom the board of trustees or the governing body deems appropriate, including, without limitation:

      (a) A counselor of a school in the school district or of the charter school;

      (b) A psychologist of a school in the school district or of the charter school;

      (c) A licensed social worker of a school in the school district or of the charter school;

      (d) A pupil in grade 10 or higher of a school in the school district or a pupil in grade 10 or higher of the charter school if a school in the school district or the charter school includes grade 10 or higher; and

      (e) An attorney or judge who resides or works in the county in which the school district or charter school is located.

      4.  The board of trustees of each school district and the governing body of each charter school shall determine the term of each member of the development committee that it establishes. Each development committee may adopt rules for its own management and government.

      (Added to NRS by 2001, 1323; A 2011, 1074) — (Substituted in revision for NRS 392.616)

      NRS 388.243  Development committee: Development of plan to be used by schools in responding to crisis or emergency; submission of plan to board of trustees or governing body of charter school; compliance with plan required.

      1.  Each development committee established by the board of trustees of a school district shall develop one plan to be used by all the public schools other than the charter schools in the school district in responding to a crisis or an emergency. Each development committee established by the governing body of a charter school shall develop a plan to be used by the charter school in responding to a crisis or an emergency. Each development committee shall, when developing the plan, consult with:

      (a) The local social service agencies and local public safety agencies in the county in which its school district or charter school is located.

      (b) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      2.  The plan developed pursuant to subsection 1 must include, without limitation:

      (a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 388.253;

      (b) A procedure for responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of a school in the school district or the charter school; and

      (c) A procedure for enforcing discipline within a school in the school district or the charter school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency.

      3.  Each development committee shall provide a copy of the plan that it develops pursuant to this section to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

      4.  Except as otherwise provided in NRS 388.249 and 388.251, each public school, including, without limitation, each charter school, must comply with the plan developed for it pursuant to this section.

      (Added to NRS by 2001, 1324; A 2011, 1075; 2015, 199) — (Substituted in revision for NRS 392.620)

      NRS 388.245  Annual review and update of plan for responding to crisis or emergency; maintenance, posting and distribution of plan; annual training for school employees in responding to crisis or emergency; acceptance of gifts and grants.

      1.  Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 388.243. In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      2.  Each development committee shall provide an updated copy of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

      3.  The board of trustees of each school district and the governing body of each charter school shall:

      (a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at each school in its school district or at its charter school;

      (b) File with the Department a copy of the notice provided pursuant to paragraph (a);

      (c) Post a copy of NRS 388.229 to 388.261, inclusive, at each school in its school district or at its charter school;

      (d) Retain a copy of each plan developed pursuant to NRS 388.243, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 388.251;

      (e) Provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to:

             (1) Each local public safety agency in the county in which the school district or charter school is located;

             (2) The Division of Emergency Management of the Department of Public Safety; and

             (3) The local organization for emergency management, if any;

      (f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;

      (g) Provide a copy of each deviation approved pursuant to NRS 388.251 as soon as practicable to:

             (1) The Department;

             (2) A local public safety agency in the county in which the school district or charter school is located;

             (3) The Division of Emergency Management of the Department of Public Safety;

             (4) The local organization for emergency management, if any;

             (5) A local agency that is included in the plan; and

             (6) An employee of a school who is included in the plan; and

      (h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.

      4.  The board of trustees of each school district and the governing body of each charter school may apply for and accept gifts, grants and contributions from any public or private source to carry out the provisions of NRS 388.229 to 388.261, inclusive.

      (Added to NRS by 2001, 1325; A 2011, 1075; 2015, 200) — (Substituted in revision for NRS 392.624)

      NRS 388.247  School committee: Establishment; membership; terms of members.

      1.  The principal of each public school, including, without limitation, each charter school, shall establish a school committee to review the plan developed for the school pursuant to NRS 388.243.

      2.  The membership of a school committee must consist of:

      (a) The principal of the school;

      (b) Two licensed employees of the school;

      (c) One employee of the school who is not a licensed employee and who is not responsible for the administration of the school;

      (d) One school police officer of the school if the school has school police officers; and

      (e) One parent or legal guardian of a pupil who is enrolled in the school.

      3.  The membership of a school committee may also include any other person whom the principal of the school deems appropriate, including, without limitation:

      (a) A member of the board of trustees of the school district in which the school is located or a member of the governing body of the charter school;

      (b) A counselor of the school;

      (c) A psychologist of the school;

      (d) A licensed social worker of the school;

      (e) A representative of a local law enforcement agency in the county, city or town in which the school is located; and

      (f) A pupil in grade 10 or higher from the school if the school includes grade 10 or higher.

      4.  The principal of a public school, including, without limitation, a charter school, shall determine the term of each member of the school committee. Each school committee may adopt rules for its own management and government.

      (Added to NRS by 2001, 1326) — (Substituted in revision for NRS 392.628)

      NRS 388.249  School committee: Annual review of plan prepared by development committee; determination whether to request deviation from plan; notice of review.

      1.  Each school committee shall, at least once each year, review the plan developed for the school pursuant to NRS 388.243 and determine whether the school should deviate from the plan.

      2.  Each school committee shall, when reviewing the plan, consult with:

      (a) The local social service agencies and law enforcement agencies in the county, city or town in which its school is located.

      (b) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      3.  If a school committee determines that the school should deviate from the plan, the school committee shall notify the development committee that developed the plan, describe the proposed deviation and explain the reason for the proposed deviation. The school may deviate from the plan only if the deviation is approved by the development committee pursuant to NRS 388.251.

      4.  Each public school, including, without limitation, each charter school, shall post at the school a notice of the completion of each review that the school committee performs pursuant to this section.

      (Added to NRS by 2001, 1326; A 2011, 1076) — (Substituted in revision for NRS 392.632)

      NRS 388.251  Review by development committee of proposed deviation from plan; notice of approval or denial; submission of copy of approved deviation to board of trustees or governing body.

      1.  A development committee that receives a proposed deviation from a school committee pursuant to NRS 388.249 shall, within 60 days after it receives the proposed deviation:

      (a) Review the proposed deviation and any information submitted with the proposed deviation; and

      (b) Notify the school committee that submitted the proposed deviation whether the proposed deviation has been approved.

      2.  A development committee shall provide a copy of each deviation that it approves pursuant to this section to the board of trustees of the school district that established the committee or to the governing body of the charter school that established the committee.

      (Added to NRS by 2001, 1326) — (Substituted in revision for NRS 392.636)

      NRS 388.253  Department: Development of model plan for management of crisis or emergency; requirements for model plan; authorized dissemination of plans prepared by Department and development committee; annual review and update of model plan.

      1.  The Department shall, with assistance from other state agencies, including, without limitation, the Division of Emergency Management, the Investigation Division, and the Nevada Highway Patrol Division of the Department of Public Safety, develop a model plan for the management of a crisis or an emergency that involves a public school, including, without limitation, a charter school, or a private school and that requires immediate action. The model plan must include, without limitation, a procedure for:

      (a) Coordinating the resources of local, state and federal agencies, officers and employees, as appropriate;

      (b) Accounting for all persons within a school;

      (c) Assisting persons within a school in a school district, a charter school or a private school to communicate with each other;

      (d) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of such a school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;

      (e) Assisting pupils of a school in the school district, a charter school or a private school, employees of such a school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school;

      (f) Reunifying a pupil with his or her parent or legal guardian;

      (g) Providing any necessary medical assistance;

      (h) Recovering from a crisis or an emergency;

      (i) Carrying out a lockdown at a school in which persons are not allowed to enter or exit the school;

      (j) Providing shelter in specific areas of a school; and

      (k) Providing specific information relating to managing a crisis or an emergency that is a result of:

             (1) An incident involving hazardous materials;

             (2) An incident involving mass casualties;

             (3) An incident involving an active shooter;

             (4) An outbreak of disease;

             (5) Any threat or hazard identified in the hazard mitigation plan of the county in which the school district is located, if such a plan exists; or

             (6) Any other situation, threat or hazard deemed appropriate.

      2.  In developing the model plan, the Department shall consider the plans developed pursuant to NRS 388.243 and 394.1687 and updated pursuant to NRS 388.245 and 394.1688.

      3.  The Department may disseminate to any appropriate local, state or federal agency, officer or employee, as the Department determines is necessary:

      (a) The model plan developed by the Department pursuant to subsection 1;

      (b) A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245;

      (c) A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688; and

      (d) A deviation approved pursuant to NRS 388.251 or 394.1692.

      4.  The Department shall, at least once each year, review and update as appropriate the model plan developed pursuant to subsection 1.

      (Added to NRS by 2001, 1327; A 2011, 1077; 2015, 201) — (Substituted in revision for NRS 392.640)

      NRS 388.255  State Board: Adoption of regulations concerning development of plans; review of proposed deviations and requirements for training.

      1.  The State Board shall adopt regulations setting forth requirements for:

      (a) The plan required to be developed pursuant to NRS 388.243; and

      (b) Reviewing and approving a deviation pursuant to NRS 388.251.

      2.  The regulations adopted pursuant to this section must include, without limitation, requirements concerning training and practice in procedures for responding to a crisis or an emergency.

      (Added to NRS by 2001, 1327; A 2011, 1077) — (Substituted in revision for NRS 392.644)

      NRS 388.257  Duties of principal if crisis or emergency occurs at school; determination by local agency whether crisis or emergency requires assistance from state agency; duties of Division of Emergency Management of Department of Public Safety; notification of other schools.

      1.  If a crisis or an emergency that requires immediate action occurs at a public school, including, without limitation, a charter school, the principal of the school involved, or the principal’s designated representative, shall, in accordance with the plan developed for the school pursuant to NRS 388.243 and in accordance with any deviation approved pursuant to NRS 388.251, contact all appropriate local agencies to respond to the crisis or the emergency.

      2.  If a local agency that is responsible for responding to a crisis or an emergency is contacted pursuant to subsection 1 and the local agency determines that the crisis or the emergency requires assistance from a state agency, the local agency may:

      (a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency; or

      (b) If a local organization for emergency management has not been established in the city or county in which the local agency that was contacted is located, directly notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency.

      3.  If the Division of Emergency Management of the Department of Public Safety receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s designated representative determines that the crisis or the emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the model plan developed pursuant to NRS 388.253 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.

      4.  If a local law enforcement agency responds to a crisis or an emergency that occurs at a public school or notifies a public school regarding a crisis or an emergency that occurs outside of the public school, the local law enforcement agency must consider whether it is necessary and appropriate to notify any other public school, including, without limitation, a charter school, or any private school of the crisis or emergency. Such notification must include, without limitation, any information necessary for the public school or private school to appropriately respond to the crisis or emergency.

      (Added to NRS by 2001, 1327; A 2011, 1077; 2015, 202, 1739) — (Substituted in revision for NRS 392.648)

      NRS 388.259  Confidentiality of plans, approved deviations and certain other information.  A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245, a deviation and any information submitted to a development committee pursuant to NRS 388.249, a deviation approved pursuant to NRS 388.251 and the model plan developed pursuant to NRS 388.253 are confidential and, except as otherwise provided in NRS 239.0115 and NRS 388.229 to 388.261, inclusive, must not be disclosed to any person or government, governmental agency or political subdivision of a government.

      (Added to NRS by 2001, 1328; A 2007, 2100; 2015, 202) — (Substituted in revision for NRS 392.652)

      NRS 388.261  Inapplicability of Open Meeting Law to development committee, school committee and certain meetings of State Board and Department related to crisis and emergency response.  The provisions of chapter 241 of NRS do not apply to a meeting of:

      1.  A development committee;

      2.  A school committee;

      3.  The State Board if the meeting concerns a regulation adopted pursuant to NRS 388.255; or

      4.  The Department if the meeting concerns the model plan developed pursuant to NRS 388.253.

      (Added to NRS by 2001, 1328; A 2015, 203) — (Substituted in revision for NRS 392.656)

PRIVACY OF DATA CONCERNING PUPILS

Duties of Department, Board of Trustees and Governing Body

      NRS 388.267  Department to establish, review and update policies and procedures to ensure privacy of data concerning pupils.

      1.  The Department shall adopt any policies and procedures necessary to ensure the privacy of data concerning pupils which are consistent with relevant state and federal privacy laws, including, without limitation, the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto.

      2.  At least once each biennium, the Department shall review and revise as necessary the policies and procedures described in subsection 1.

      (Added to NRS by 2015, 2973)

      NRS 388.268  Department to establish, publish and make available on its Internet website index of data elements for automated system of accountability information for Nevada; biennial update.

      1.  The Department shall establish, publish and make publicly available on its Internet website:

      (a) An index of the data elements that the Department maintains or proposes to include in the automated system of accountability information for Nevada established pursuant to NRS 385A.800, including, without limitation:

             (1) Data concerning individual pupils; and

             (2) Aggregated data concerning pupils within a defined group.

      (b) An explanation of the index of data elements established pursuant to paragraph (a), which must include, without limitation:

             (1) A description of each data element concerning each individual pupil;

             (2) The reason for collecting or proposing to collect each data element concerning each individual pupil; and

             (3) The third-party service providers, organizations and agencies that have access to the data concerning individual pupils maintained by the Department in the automated system of accountability information for Nevada established pursuant to NRS 385A.800.

      2.  At least once each biennium, the Department shall update the information described in subsection 1.

      (Added to NRS by 2015, 2973)

      NRS 388.269  Board of trustees and governing body required to establish, publish and make publicly available certain information concerning data transferred to automated system of accountability for Nevada.  The board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils shall establish, publish and make publicly available:

      1.  An index of categories of data, including, without limitation, data concerning individual pupils and aggregated data concerning pupils within a defined group transferred to the automated system of accountability information for Nevada established pursuant to NRS 385A.800; and

      2.  A list of the third-party service providers, organizations and agencies that have access to data concerning individual pupils maintained by the Department in the automated system of accountability information for Nevada established pursuant to NRS 385A.800.

      (Added to NRS by 2015, 2975)

      NRS 388.271  Board of trustees and governing body to adopt policies and procedures governing use of certain software and manner in which data concerning pupils may be provided in certain circumstances.  The board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils shall adopt policies and procedures governing:

      1.  The use by teachers and other educational personnel of software offered to users free of charge for basic services, but that requires users to pay for any additional or premium proprietary features, functionality or virtual goods; and

      2.  The manner in which data concerning pupils may be provided to a person when the provision of such data is not expressly authorized by the board of trustees or governing body, as applicable.

      (Added to NRS by 2015, 2976)

      NRS 388.272  Required provisions for contracts that provide for disclosure of data that includes personally identifiable information of pupil.

      1.  Any contract entered into by the Department, a school district, a sponsor of a charter school, the governing body of a university school for profoundly gifted pupils or any public school that provides for the disclosure of data that includes any personally identifiable information of a pupil must include, without limitation:

      (a) Provisions specifically to protect the privacy and security of the personally identifiable information; and

      (b) A penalty for intentional or grossly negligent noncompliance with the terms of the contract, including, without limitation, provisions for termination of the contract and for the payment of monetary damages for any breach of the terms of the contract.

      2.  As used in this section, “personally identifiable information” has the meaning ascribed to it in 34 C.F.R. § 99.3.

      (Added to NRS by 2015, 2974)

      NRS 388.273  Department to adopt data security plan; compliance with plan; school district, sponsor of charter school and university school for profoundly gifted pupils to submit annual report concerning changes to manner in which each collects, maintains or transfers data concerning pupils.

      1.  The Department, in consultation with each school district, the sponsor of each charter school and the governing body of a university school for profoundly gifted pupils shall adopt a detailed plan to provide for the security of any data concerning pupils that is collected, maintained and transferred by the Department.

      2.  The board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils shall comply with and carry out the data security plan adopted by the Department pursuant to subsection 1.

      3.  Each school district, sponsor of a charter school and university school for profoundly gifted pupils shall prepare and submit to the Department an annual report concerning any significant changes to the manner in which the school district, charter school or university school for profoundly gifted pupils collects, maintains or transfers data concerning pupils for inclusion in the annual report prepared by the Department pursuant to NRS 385.230.

      (Added to NRS by 2015, 2974)

School Service Providers

      NRS 388.281  Definitions.  As used in NRS 388.281 to 388.296, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.282 to 388.285, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2015, 1850)

      NRS 388.282  “Personally identifiable information” defined.  “Personally identifiable information” has the meaning ascribed to it in 34 C.F.R. § 99.3.

      (Added to NRS by 2015, 1850)

      NRS 388.283  “School service” defined.

      1.  “School service” means an Internet website, online service or mobile application that:

      (a) Collects or maintains personally identifiable information concerning a pupil;

      (b) Is used primarily for educational purposes; and

      (c) Is designed and marketed for use in public schools and is used at the direction of teachers and other educational personnel.

      2.  The term does not include:

      (a) An Internet website, online service or mobile application that is designed or marketed for use by a general audience, even if the school service is also marketed to public schools;

      (b) An internal database, system or program maintained or operated by a school district, charter school or university school for profoundly gifted pupils;

      (c) A school service for which a school service provider has:

             (1) Been designated by a school district, the sponsor of a charter school, the governing body of a university school for profoundly gifted pupils or the Department as a school official pursuant to the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232(g);

             (2) Entered into a contract with the school district, the sponsor of a charter school, the governing body of a university school for profoundly gifted pupils or the Department; and

             (3) Agreed to comply with and be subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232(g), relating to personally identifiable information;

      (d) Any examinations administered pursuant to NRS 390.105 and 390.600 or the college and career readiness assessment administered pursuant to NRS 390.610; or

      (e) Any instructional programs purchased by a school district, a charter school, the governing body of a university school for profoundly gifted pupils or the Department.

      (Added to NRS by 2015, 1850)

      NRS 388.284  “School service provider” defined.  “School service provider” means a person that operates a school service, to the extent the provider is operating in that capacity.

      (Added to NRS by 2015, 1851)

      NRS 388.285  “Targeted advertising” defined.  “Targeted advertising” means presenting advertisements to a pupil where the advertisement is selected based on information obtained or inferred from the online behavior of a pupil, the use of applications by a pupil or personally identifiable information concerning a pupil. The term does not include advertising to a pupil at an online location based upon the current visit to the location by the pupil or a single search query without the collection and retention of the online activities of a pupil over time.

      (Added to NRS by 2015, 1851)

      NRS 388.291  School service provider to provide written disclosure to certain persons and entities; notice of changes to plan for security of data concerning pupils; review and correction of personally identifiable information.

      1.  Before the persons or governmental entities described in subsection 3 begin using a school service, a school service provider must provide a written disclosure to such persons or governmental entities in language that is easy to understand, which includes, without limitation:

      (a) The types of personally identifiable information collected by the school service provider and the manner in which such information is used; and

      (b) A description of the plan for the security of data concerning pupils which has been established by the school service provider pursuant to NRS 388.293.

      2.  Before a school service provider makes a material change to the plan for the security of data concerning pupils established pursuant to NRS 388.293, the school service provider must provide notice to the persons or governmental entities set forth in subsection 3.

      3.  The disclosure or notice provided pursuant to subsection 1 or 2, as applicable, must be provided to:

      (a) The board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils, as applicable, that uses the school service of the school service provider; and

      (b) Any teacher who uses the school service.

      4.  A school service provider shall:

      (a) Allow a pupil who is at least 18 years of age and the parent or legal guardian of any pupil to review personally identifiable information concerning the pupil that is maintained by the school service provider; and

      (b) Establish a process, in accordance with any contract governing the activities of a school service provider and which is consistent with the provisions of NRS 388.281 to 388.296, inclusive, for the correction of such information upon the request of:

             (1) A pupil who is at least 18 years of age or the parent or legal guardian of any pupil; or

             (2) The teacher of the pupil or the board of trustees of the school district in which the school that the pupil attends is located, the governing body of the charter school that the pupil attends or the governing body of the university school for profoundly gifted pupils that the pupil attends, as applicable.

      (Added to NRS by 2015, 1851)

      NRS 388.292  Collection and uses of personally identifiable information by school service provider; limitations; requirements for transfer or disclosure of personally identifiable information; redaction of personally identifiable information upon request; penalty for violation of provisions.

      1.  Except as otherwise provided in subsections 2 and 5, a school service provider may collect, use, allow access to or transfer personally identifiable information concerning a pupil only:

      (a) For purposes inherent to the use of a school service by a teacher in a classroom or for the purposes authorized by the board of trustees of the school district in which the school that the pupil attends is located, the governing body of the charter school that the pupil attends or the governing body of the university school for profoundly gifted pupils that the pupil attends, as applicable, so long as it is authorized by federal and state law;

      (b) If required by federal or state law;

      (c) In response to a subpoena issued by a court of competent jurisdiction;

      (d) To protect the safety of a user of the school service; or

      (e) With the consent of any person required in a policy of the school district, charter school or university school for profoundly gifted pupils, as applicable, or, if none, with the consent of the pupil, if the pupil is at least 18 years of age, or the parent or legal guardian of the pupil if the pupil is less than 18 years of age.

      2.  A school service provider may transfer personally identifiable information concerning a pupil to a third-party service provider if the school service provider provides notice to any person designated in a policy of the school district, charter school or university school for profoundly gifted pupils, as applicable, to receive such notice or, if none, to the pupil, if the pupil is at least 18 years of age, or the parent or guardian of the pupil and:

      (a) Contractually prohibits the third-party service provider from using any such information for any purpose other than providing the contracted school services to, or on behalf of, the school service provider;

      (b) Prohibits the third-party service provider from disclosing any personally identifiable information concerning a pupil unless the disclosure is authorized pursuant to subsection 1; and

      (c) Requires the third-party service provider to comply with the requirements of NRS 388.281 to 388.296, inclusive.

      3.  A school service provider shall delete any personally identifiable information concerning a pupil that is collected or maintained by the school service provider and that is under the control of the school service provider within a reasonable time not to exceed 30 days after receiving a request from the board of trustees of the school district in which the school that the pupil attends is located, the governing body of the charter school that the pupil attends or the governing body of the university school for profoundly gifted pupils that the pupil attends, as applicable. The board of trustees or the governing body, as applicable, must have a policy which allows a pupil who is at least 18 years of age or the parent or legal guardian of any pupil to review such information and request that such information about the pupil be deleted. The school service provider shall delete such information upon the request of the parent or legal guardian of a pupil if no such policy exists.

      4.  Any agreement entered into by a school service provider that provides for the disclosure of personally identifiable information must require that the person or governmental entity to whom the information will be disclosed abide by the requirements imposed pursuant to this section.

      5.  A school service provider shall not:

      (a) Use personally identifiable information to engage in targeted advertising.

      (b) Except as otherwise provided in this paragraph, sell personally identifiable information concerning a pupil. A school service provider may transfer personally identifiable information concerning pupils to an entity that purchases, merges with or otherwise acquires the school service and the acquiring entity becomes subject to the requirements of NRS 388.281 to 388.296, inclusive, and any contractual provisions between the school service provider and the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils, as applicable, governing such information.

      (c) Use personally identifiable information concerning a pupil to create a profile of the pupil for any purpose not related to the instruction of the pupil provided by the school without the consent of the appropriate person described in paragraph (e) of subsection 1.

      (d) Use personally identifiable information concerning a pupil in a manner that is inconsistent with any contract governing the activities of the school service provider for the school service in effect at the time the information is collected or in a manner that violates any of the provisions of NRS 388.281 to 388.296, inclusive.

      (e) Knowingly retain, without the consent of the appropriate person described in paragraph (e) of subsection 1, personally identifiable information concerning a pupil beyond the period authorized by the contract governing the activities of the school service provider.

      6.  This section does not prohibit the use of personally identifiable information concerning a pupil that is collected or maintained by a school service provider for the purposes of:

      (a) Adaptive learning or providing personalized or customized education;

      (b) Maintaining or improving the school service;

      (c) Recommending additional content or services within a school service;

      (d) Responding to a request for information by a pupil;

      (e) Soliciting feedback regarding a school service; or

      (f) Allowing a pupil who is at least 18 years of age or the parent or legal guardian of any pupil to download, transfer, or otherwise maintain data concerning a pupil.

      7.  A school service provider that violates the provisions of this section is subject to a civil penalty in an amount not to exceed $5,000 per violation. The Attorney General may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

      (Added to NRS by 2015, 1852)

      NRS 388.293  Plan for security of data concerning pupils; successor entities of school service providers.

      1.  A school service provider shall establish and carry out a detailed plan for the security of any data concerning pupils that is collected or maintained by the school service provider. The plan must include, without limitation:

      (a) Procedures for protecting the security, privacy, confidentiality and integrity of personally identifiable information concerning a pupil; and

      (b) Appropriate administrative, technological and physical safeguards to ensure the security of data concerning pupils.

      2.  A school service provider shall ensure that any successor entity understands that it is subject to the provisions of NRS 388.281 to 388.296, inclusive, and agrees to abide by all privacy and security commitments related to personally identifiable information concerning a pupil collected and maintained by the school service provider before allowing a successor entity to access such personally identifiable information.

      (Added to NRS by 2015, 1854)

      NRS 388.294  Professional development regarding use of school service providers and security of data concerning pupils.

      1.  Each school district and the governing body of a charter school or a university school for profoundly gifted pupils, as applicable, shall annually provide professional development regarding the use of school service providers and the security of data concerning pupils.

      2.  Teachers and other licensed educational personnel employed by a school district, charter school or university school for profoundly gifted pupils shall complete the professional development provided pursuant to subsection 1.

      (Added to NRS by 2015, 1854)

      NRS 388.295  School service provider authorized to use and disclose certain aggregated information to demonstrate effectiveness of products or services.  A school service provider may use and disclose information derived from personally identifiable information concerning a pupil to demonstrate the effectiveness of the products or services of the school service provider, including, without limitation, for use in advertising or marketing regarding the school service so long as the information is aggregated or is presented in a manner which does not disclose the identity of the pupil about whom the information relates.

      (Added to NRS by 2015, 1854)

      NRS 388.296  Waiver or modification of any right, obligation or liability of provisions prohibited.  A person or governmental entity may not waive or modify any right, obligation or liability set forth in NRS 388.281 to 388.296, inclusive. Any condition, stipulation or provision in a contract which seeks to do so or which in any way conflicts with the provisions of NRS 388.281 to 388.296, inclusive, is against public policy and is void and unenforceable.

      (Added to NRS by 2015, 1854)

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  Executive Officer: Designation of Superintendent of Public Instruction to serve as Executive Officer; duties.

      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) Except as otherwise provided in NRS 388.342, 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.

      (c) Maintain an office for the Board.

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

      [270:32:1956] — (NRS A 1979, 1594; 1985, 812; 2005, 1047; 2013, 2772)

      NRS 388.342  Executive Officer: Appointment of person to oversee programs.  The Executive Officer of the State Board for Career and Technical Education shall appoint a person to oversee programs of career and technical education.

      (Added to NRS by 2013, 2770)

      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 389.041; 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;

      (c) Pupils enrolled in public schools in the school district;

      (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; Grants to School Districts, Charter Schools and Pupil Organizations

      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 NRS 388.390 to 388.397, inclusive, and the regulations and policies of the Board.

      [275:32:1956] — (NRS A 1979, 1596; 1985, 814; 1997, 1867; 2005, 1049; 2013, 2772)

      NRS 388.392  Distribution of state money; limitation on use for leadership and training activities; recommendations of industry sector councils for awarding grants to school districts and charter schools.

      1.  Of state money appropriated for use in a fiscal year for programs of career and technical education, the State Board for Career and Technical Education shall not use more than 7.5 percent to provide leadership and training activities in that fiscal year.

      2.  Before allocating state money, if any, to provide leadership and training activities, the State Board for Career and Technical Education shall:

      (a) Distribute 30 percent of the state money in the manner set forth in NRS 388.393; and

      (b) Distribute 5 percent of the state money to pupil organizations for career and technical education in the manner set forth in NRS 388.394.

      3.  After distributing the state money pursuant to subsection 2 and allocating state money, if any, to provide leadership and training activities, the State Board for Career and Technical Education shall distribute the remainder of state money in the manner set forth in NRS 388.395.

      4.  The State Board for Career and Technical Education shall request that each industry sector council established pursuant to subsection 2 of NRS 232.935 name one representative to provide recommendations to the Executive Officer of the State Board for Career and Technical Education on the awarding of grants pursuant to NRS 388.393.

      5.  As used in this section, “leadership and training activities” means:

      (a) Activities by or for pupil organizations for career and technical education;

      (b) Training activities for teachers of classes or programs of career and technical education;

      (c) Activities at or for a conference of teachers of classes or programs of career and technical education;

      (d) Promotion and marketing of classes or programs of career and technical education; and

      (e) The development of standards and assessments of career and technical education for the purposes of leadership and training.

      (Added to NRS by 2013, 2770)

      NRS 388.393  Grants: Application by school district or charter school; review and recommendations of industry sector councils; criteria for awards.

      1.  The board of trustees of a school district or the governing body of a charter school may apply to the State Board for Career and Technical Education for a grant for a program of career and technical education, to be paid for with money distributed pursuant to paragraph (a) of subsection 2 of NRS 388.392, by submitting an application to the person appointed pursuant to NRS 388.342.

      2.  Upon receipt of an application for a grant, the person shall forward the application to each representative of an industry sector council named pursuant to subsection 4 of NRS 388.392 to review the application.

      3.  The Executive Officer of the State Board for Career and Technical Education shall review the recommendations of the representatives of the industry sector councils and award grants for the purposes of developing new programs of career and technical education or expanding existing programs of career and technical education. The awarding of grants must be based on the following criteria of the program of career and technical education:

      (a) Standards and instruction.

      (b) Leadership development.

      (c) Practical application of occupational skills.

      (d) Quality and competence of personnel.

      (e) Facilities, equipment and materials.

      (f) Community, business and industry involvement.

      (g) Career guidance.

      (h) Program promotion.

      (i) Program accountability and planning.

      (j) Pupil-teacher ratio.

      (k) Whether the program will lead to a national credential or certification.

      (Added to NRS by 2013, 2770)

      NRS 388.394  Grants: Application by pupil organization for career and technical education; awards made on fair and equitable basis.

      1.  A pupil organization for career and technical education may apply to the State Board for Career and Technical Education for a grant to support the activities of the organization, to be paid for with the money distributed pursuant to paragraph (b) of subsection 2 of NRS 388.392.

      2.  The State Board for Career and Technical Education shall review all applications submitted pursuant to subsection 1 and award grants to pupil organizations on a fair and equitable basis.

      (Added to NRS by 2013, 2771)

      NRS 388.395  Grants: Application by school district or charter school for remainder of available state money; criteria for and limitation on awards.

      1.  The board of trustees of a school district or the governing body of a charter school may apply to the State Board for Career and Technical Education for a grant for a program of career and technical education, to be paid for from the remainder of state money described in subsection 3 of NRS 388.392.

      2.  The State Board for Career and Technical Education shall review all applications submitted pursuant to subsection 1 and award grants based on the following criteria of the program of career and technical education:

      (a) Standards and instruction.

      (b) Leadership development.

      (c) Practical application of occupational skills.

      (d) Quality and competence of personnel.

      (e) Facilities, equipment and materials.

      (f) Community, business and industry involvement.

      (g) Career guidance.

      (h) Program promotion.

      (i) Program accountability and planning.

      (j) Pupil-teacher ratio.

      (k) Whether the program will lead to a national credential or certification.

      3.  The proportion of the total amount awarded pursuant to subsection 2 to a school district or charter school during a fiscal year must not exceed the proportion of the duplicated enrollment of pupils in programs of career and technical education in the school district or charter school during the previous fiscal year, as compared to the duplicated enrollments of pupils in programs of career and technical education throughout the State during the previous fiscal year. For the purposes of determining the duplicated enrollment of pupils in a program of career and technical education, each pupil must be counted once for each program of career and technical education in which he or she is enrolled.

      (Added to NRS by 2013, 2771)

      NRS 388.396  Grants: Designation of program professional to evaluate and report on effectiveness of program.  For each grant of money awarded pursuant to NRS 388.393, 388.394 or 388.395, the State Board for Career and Technical Education shall designate a program professional to:

      1.  Evaluate the manner in which the money was expended and the effectiveness of the program for career and technical education for which the money was granted; and

      2.  Report the results of the review to the State Board for Career and Technical Education.

      (Added to NRS by 2013, 2772)

      NRS 388.397  Remainder of certain state money does not revert and is carried forward to following fiscal year.  Any state money that is not distributed or allocated pursuant to NRS 388.392 to 388.395, inclusive, by the end of the fiscal year does not revert to the State General Fund and must be carried forward for distribution in the following fiscal year.

      (Added to NRS by 2013, 2772)

      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; 2013, 2772)

PUPILS WHO ARE LIMITED ENGLISH PROFICIENT; ENGLISH MASTERY COUNCIL

      NRS 388.405  Legislative declaration; duty of State Board to adopt regulations and submit certain evaluations required by federal law.

      1.  The Legislature finds and declares that:

      (a) It is the public policy of this State to provide every child enrolled in a public school with high-quality instruction.

      (b) Children who are limited English proficient benefit from instruction that is designed to address the academic and linguistic needs of those children.

      (c) It is the intent of the Legislature that children who are limited English proficient be provided with services and instruction which is designed to address the academic needs of such children so that those children attain proficiency in the English language and improve their overall academic and linguistic achievement and proficiency.

      2.  The State Board shall:

      (a) Adopt regulations prescribing criteria for a policy for the instruction to teach English to pupils who are limited English proficient which is developed by the board of trustees of each school district pursuant to NRS 388.407. The Superintendent of Public Instruction shall monitor each school district’s compliance with the criteria prescribed by the State Board pursuant to this paragraph.

      (b) 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:

             (1) Governor;

             (2) Legislative Committee on Education;

             (3) Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education; and

             (4) Board of trustees of each school district.

      (Added to NRS by 1995, 2711; A 2003, 19th Special Session, 50; 2013, 3412)

      NRS 388.407  Board of trustees required to develop policy for instruction to teach English.

      1.  The board of trustees of each school district shall develop a policy for the instruction to teach English to pupils who are limited English proficient. The policy must be designed to provide pupils enrolled in each public school located in the school district who are limited English proficient with instruction that enables those pupils to attain proficiency in the English language and improve their overall academic achievement and proficiency.

      2.  The policy developed pursuant to subsection 1 must:

      (a) Provide for the identification of pupils who are limited English proficient through the use of an appropriate assessment;

      (b) Provide for the periodic reassessment of each pupil who is classified as limited English proficient;

      (c) Be designed to eliminate any gaps in achievement, including, without limitation, in the core academic subjects and in high school graduation rates, between those pupils who are limited English proficient and pupils who are proficient in English;

      (d) Provide opportunities for the parents or legal guardians of pupils who are limited English proficient to participate in the program; and

      (e) Provide the parents and legal guardians of pupils who are limited English proficient with information regarding other programs that are designed to improve the language acquisition and academic achievement and proficiency of pupils who are limited English proficient and assist those parents and legal guardians in enrolling those pupils in such programs.

      (Added to NRS by 2013, 3411)

      NRS 388.409  English Mastery Council: Creation; membership; terms; vacancy; Chair; meetings; compensation; acceptance of gifts and grants; administrative support. [Effective through June 30, 2019.]

      1.  The English Mastery Council is hereby created. The English Mastery Council consists of the following 16 members:

      (a) The Superintendent of Public Instruction, or his or her designee, who serves as an ex officio member of the English Mastery Council.

      (b) Two members who have knowledge and expertise in language acquisition and who represent the Nevada System of Higher Education, appointed by the Chancellor of the Nevada System of Higher Education.

      (c) Two members who are teachers at public schools in this State, hold a master’s degree to teach English as a second language and have knowledge and expertise in providing instruction to pupils who are limited English proficient, appointed by the Governor from a list of nominees submitted by the Nevada State Education Association, or its successor organization. The Governor shall ensure that the members appointed pursuant to this paragraph represent the geographic and ethnic diversity of this State.

      (d) Two members who are parents or legal guardians of pupils who are limited English proficient, one of whom is appointed by the Governor from a list of nominees submitted by the Speaker of the Assembly and one of whom is appointed by the Governor from a list of nominees submitted by the Majority Leader of the Senate. The Governor shall ensure that the members appointed pursuant to this paragraph represent the geographic and ethnic diversity of this State. The Nevada Parent Teacher Association shall submit a list of names of persons that the Association would recommend for inclusion on the list of nominees submitted by the Speaker of the Assembly and the Majority Leader of the Senate.

      (e) Two members who are school-level administrators, one of whom is employed by a school district in a county whose population is 100,000 or more and one of whom is employed by a school district in a county whose population is less than 100,000, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators.

      (f) Two members who are school-district-level administrators, one of whom is employed by a school district in a county whose population is 100,000 or more and one of whom is employed by a school district in a county whose population is less than 100,000, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators.

      (g) One member who is a member of a board of trustees of a school district, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Boards.

      (h) Two members who are representatives of the general public, private business and industry in this State or nonprofit organizations and who have been leaders in education reform related to pupils who are limited English proficient, appointed by the Governor.

      (i) Two members with expertise in the development of public policy relating to the education of pupils who are limited English proficient, appointed by the Superintendent of Public Instruction upon the advice and recommendation of persons who have knowledge and expertise in providing instruction to pupils who are limited English proficient.

      2.  Each appointed member of the English Mastery Council serves a term of 2 years and may be reappointed to additional terms.

      3.  A vacancy on the English Mastery Council must be filled in the same manner as the original appointment.

      4.  The English Mastery Council shall, at its first meeting and annually thereafter, elect a Chair from among its members.

      5.  The English Mastery Council shall meet at least quarterly and may meet at other times upon the call of the Chair.

      6.  Members of the English Mastery Council serve without compensation, except that for each day or portion of a day during which a member of the Council attends a meeting of the Council or is otherwise engaged in the business of the Council, the member is entitled to receive the per diem allowances and travel expenses provided for state officers and employees generally.

      7.  A member of the English Mastery Council who is a public employee must be granted administrative leave from the member’s duties to engage in the business of the Council without loss of his or her regular compensation. Such leave does not reduce the amount of the member’s other accrued leave.

      8.  The English Mastery Council may apply for and accept gifts, grants, donations and contributions from any source for the purpose of carrying out its duties pursuant to NRS 388.411.

      9.  The Department shall provide administrative support to the English Mastery Council.

      (Added to NRS by 2013, 3409)

      NRS 388.411  English Mastery Council: Duty to make recommendations to Superintendent of Public Instruction, State Board, Commission on Professional Standards in Education, Board of Regents and school districts. [Effective through June 30, 2019.]  The English Mastery Council created by NRS 388.409 shall:

      1.  Make recommendations to the State Board for the adoption of regulations concerning criteria for the policies to teach English to pupils who are limited English proficient that are developed by the board of trustees of each school district pursuant to NRS 388.407.

      2.  Review annually each policy to teach English to pupils who are limited English proficient that is developed by the board of trustees of each school district pursuant to NRS 388.407 and make recommendations for improvement to the State Board and the applicable board of trustees.

      3.  Make recommendations to the Superintendent of Public Instruction, the Commission on Professional Standards in Education and the State Board for:

      (a) The adoption of regulations pursuant to NRS 391.019 concerning the requirements for an endorsement to teach English as a second language, including, without limitation, the teachers who should be required to obtain the endorsement; and

      (b) After the adoption of the regulations pursuant to paragraph (a), any revisions to those regulations as deemed necessary by the Council.

      4.  Develop standards and criteria for a curriculum for pupils who are limited English proficient and submit those standards and criteria to the State Board for consideration.

      5.  Review any course of study offered by the Nevada System of Higher Education for training to teach English as a second language to determine if the course of study, including, without limitation, student teaching, is sufficiently rigorous to provide teachers with the tools necessary to improve the English proficiency and academic achievement and proficiency of pupils who are limited English proficient.

      6.  Make recommendations to the Board of Regents of the University of Nevada for the improvement of any course of study described in subsection 5 and submit a copy of those recommendations to the Governor and the State Board.

      (Added to NRS by 2013, 3410)

      NRS 388.413  English Mastery Council: Preparation and submission of annual report. [Effective through June 30, 2019.]

      1.  On or before February 1 of each year, the English Mastery Council created by NRS 388.409 shall prepare an annual report concerning the status of the Council in carrying out its duties prescribed by NRS 388.411, including, without limitation, a description of the recommendations made by the Council to the Superintendent of Public Instruction, the Commission on Professional Standards in Education, the State Board, the Board of Regents of the University of Nevada and the boards of trustees of school districts and the response of each of those entities to the recommendations.

      2.  The report prepared pursuant to subsection 1 must be submitted to the Governor, the State Board and:

      (a) In odd-numbered years, to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education.

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

      3.  The Department shall post a copy of each report prepared by the English Mastery Council pursuant to subsection 1 on the Internet website maintained by the Department.

      (Added to NRS by 2013, 3411)

PUPILS WITH DISABILITIES

General Provisions

      NRS 388.417  Definitions.  As used in NRS 388.417 to 388.515, inclusive:

      1.  “Communication mode” means any system or method of communication used by a person who is deaf or whose hearing is impaired to facilitate communication which may include, without limitation:

      (a) American Sign Language;

      (b) English-based manual or sign systems;

      (c) Oral and aural communication;

      (d) Spoken and written English, including speech reading or lip reading; and

      (e) Communication with assistive technology devices.

      2.  “Dyslexia” means a neurological learning disability characterized by difficulties with accurate and fluent word recognition and poor spelling and decoding abilities that typically result from a deficit in the phonological component of language.

      3.  “Dyslexia intervention” means systematic, multisensory intervention offered in an appropriate setting that is derived from evidence-based research.

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

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

      6.  “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.

      7.  “Pupil with a disability” means a “child with a disability,” as that term is defined in 20 U.S.C. § 1401(3)(A), who is under 22 years of age.

      8.  “Response to scientific, research-based intervention” means a collaborative process which assesses a pupil’s response to scientific, research-based intervention that is matched to the needs of a pupil and that systematically monitors the level of performance and rate of learning of the pupil over time for the purpose of making data-based decisions concerning the need of the pupil for increasingly intensified services.

      9.  “Specific learning disability” means a disorder in one or more of the basic psychological processes involved in understanding or using spoken or written language which is not primarily the result of a visual, hearing or motor impairment, intellectual disability, serious emotional disturbance, or an environmental, cultural or economic disadvantage. Such a disorder may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or perform mathematical calculations. The term includes, without limitation, perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia.

      [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; 2013, 743; 2015, 1025, 2077, 2384) — (Substituted in revision for part of NRS 388.440)

      NRS 388.419  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.

      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.

      (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.

      (c) Orthopedic impairments.

      (d) Speech and language impairments.

      (e) Intellectual disabilities.

      (f) Multiple impairments.

      (g) Emotional disturbances.

      (h) Other health impairments.

      (i) Specific learning disabilities.

      (j) Autism spectrum disorders.

      (k) Traumatic brain injuries.

      (l) Developmental delays.

      5.  The minimum standards prescribed by the State Board for pupils with hearing impairments, including, without limitation, deafness, pursuant to paragraph (a) of subsection 4 must comply with:

      (a) The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto;

      (b) The effective communication requirement of Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131 et seq., and the regulations adopted pursuant thereto; and

      (c) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the regulations adopted pursuant thereto.

      6.  The minimum standards prescribed by the State Board for pupils with dyslexia pursuant to paragraph (i) of subsection 4 must include, without limitation, standards for instruction on:

      (a) Phonemic awareness to enable a pupil to detect, segment, blend and manipulate sounds in spoken language;

      (b) Graphonomic knowledge for teaching the sounds associated with letters in the English language;

      (c) The structure of the English language, including, without limitation, morphology, semantics, syntax and pragmatics;

      (d) Linguistic instruction directed toward proficiency and fluency with the patterns of language so that words and sentences are carriers of meaning; and

      (e) Strategies that a pupil may use for decoding, encoding, word recognition, fluency and comprehension.

      7.  No apportionment of state money may be made to any school district or charter school for the instruction of pupils with disabilities 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.

      8.  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.

      9.  The Department shall post on the Internet website maintained by the Department the data that is submitted to the United States Secretary of Education pursuant to 20 U.S.C. § 1418 within 30 days after submission of the data to the Secretary in a manner that does not result in the disclosure of data that is identifiable to an individual pupil.

      [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; 2013, 694, 744; 2015, 1027, 2385) — (Substituted in revision for part of NRS 388.520)

      NRS 388.421  Maintenance and storage in secure location by public school; policy regarding proper handling and transportation; annual report to Division of Public and Behavioral Health concerning doses administered.  [Replaced in revision by NRS 386.865.]

 

      NRS 388.424  Order of physician for doses of epinephrine maintained by public school; school personnel authorized to administer doses; acceptance of gifts, grants and donations.  [Replaced in revision by NRS 386.870.]

 

      NRS 388.427  Training concerning food allergies and development of comprehensive action plan concerning anaphylaxis.  [Replaced in revision by NRS 386.875.]

 

Educational Services

      NRS 388.429  Provision of education to pupils; authorization for certain school districts to provide early intervening services; uniform criteria for eligibility for instruction.

      1.  The Legislature declares that funding provided for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to pupils with disabilities residing in Nevada through the use of the multiplier to the basic support guarantee prescribed by NRS 387.122.

      2.  Subject to the provisions of NRS 388.417 to 388.469, 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.

      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 388.417 to 388.469, 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; 2015, 3726) — (Substituted in revision for part of NRS 388.450)

      NRS 388.431  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 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) — (Substituted in revision for part of NRS 388.460)

      NRS 388.433  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:

      (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 388F.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) — (Substituted in revision for part of NRS 388.470)

      NRS 388.435  Ages for admission to special programs; enrollment counted for apportionment.  Except as otherwise provided in NRS 388.431, 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.

      [285:32:1956] — (NRS A 1969, 445; 1971, 548; 1973, 1429; 1975, 1119; 1989, 691, 1555; 1993, 2160) — (Substituted in revision for part of NRS 388.475)

      NRS 388.437  Pupils with hearing impairment: Requirements for consideration in development of individualized education program; additional considerations for best feasible instruction.

      1.  When developing an individualized education program for a pupil with a hearing impairment in accordance with NRS 388.419, the pupil’s individualized education program team shall consider, without limitation:

      (a) The related services and program options that provide the pupil with an appropriate and equal opportunity for communication access;

      (b) The pupil’s primary communication mode;

      (c) The availability to the pupil of a sufficient number of age, cognitive, academic and language peers of similar abilities;

      (d) The availability to the pupil of adult models who are deaf or hearing impaired and who use the pupil’s primary communication mode;

      (e) The availability of special education teachers, interpreters and other special education personnel who are proficient in the pupil’s primary communication mode;

      (f) The provision of academic instruction, school services and direct access to all components of the educational process, including, without limitation, advanced placement courses, career and technical education courses, recess, lunch, extracurricular activities and athletic activities;

      (g) The preferences of the parent or guardian of the pupil concerning the best feasible services, placement and content of the pupil’s individualized education program; and

      (h) The appropriate assistive technology necessary to provide the pupil with an appropriate and equal opportunity for communication access.

      2.  When determining the best feasible instruction to be provided to the pupil in his or her primary communication mode, the pupil’s individualized education program team may consider, without limitation:

      (a) Changes in the pupil’s hearing or vision;

      (b) Development in or availability of assistive technology;

      (c) The physical design and acoustics of the learning environment; and

      (d) The subject matter of the instruction to be provided.

      (Added to NRS by 2013, 742) — (Substituted in revision for NRS 388.477)

      NRS 388.439  Pupils with dyslexia: Early literacy screening assessment.

      1.  Except as otherwise provided in subsection 2, the board of trustees of each school district shall prescribe for use by the elementary schools located in the school district an early literacy screening assessment that meets the requirements set forth in subsection 3.

      2.  The governing body of each charter school that serves pupils in kindergarten or grade 1, 2 or 3 shall prescribe an early literacy screening assessment for use by the charter school that meets the requirements set forth in subsection 3.

      3.  The early literacy screening assessment prescribed pursuant to subsection 1 or 2 must include, without limitation, screening for:

      (a) Phonological and phonemic awareness;

      (b) Sound-symbol recognition;

      (c) Alphabet knowledge;

      (d) Decoding skills;

      (e) Rapid naming skills; and

      (f) Encoding skills.

      (Added to NRS by 2015, 2382)

      NRS 388.440  Definitions.  [Replaced in revision by NRS 388.417 and 388.5251.]

 

      NRS 388.441  Pupils with dyslexia: Administration of early literacy screening assessment; addressing needs through response to scientific, research-based intervention system of instruction; additional testing and evaluation.

      1.  The board of trustees of a school district or the governing body of a charter school, as applicable, shall administer the early literacy screening assessment prescribed pursuant to NRS 388.439 to each pupil enrolled in kindergarten or grade 1, 2 or 3 who:

      (a) Has indicators for dyslexia; and

      (b) Needs intervention.

      2.  If an early literacy screening assessment administered pursuant to subsection 1 confirms that a pupil has indicators for dyslexia, the board of trustees of a school district or governing body of a charter school, as applicable, shall address the needs of the pupil through the response to scientific, research-based intervention system of instruction.

      3.  If the response to scientific, research-based intervention system of instruction determines that a pupil needs additional screening in order to determine whether the pupil has a specific learning disability, including, without limitation, dyslexia:

      (a) The pupil must receive additional testing by a trained professional using a norm-referenced test; and

      (b) The board of trustees of the school district or the governing body of the charter school, as applicable, shall perform a comprehensive evaluation for the pupil in addition to the required response to scientific, research-based intervention system of instruction.

      (Added to NRS by 2015, 2382)

      NRS 388.443  Pupils with dyslexia: Individualized education program team to consider certain instructional approaches when developing individualized education program.  When developing an individualized education program for a pupil with dyslexia in accordance with NRS 388.419, the pupil’s individualized education program team shall consider, without limitation, the following instructional approaches:

      1.  Explicit, direct instruction that is systematic, sequential and cumulative and follows a logical plan of presenting the alphabetic principle that targets the specific needs of the pupil;

      2.  Individualized instruction to meet the specific needs of the pupil in an appropriate setting that uses intensive, highly-concentrated instruction methods and materials that maximize pupil engagement;

      3.  Meaning-based instruction directed at purposeful reading and writing, with an emphasis on comprehension and composition; and

      4.  Multisensory instruction that incorporates the simultaneous use of two or more sensory pathways during teacher presentations and pupil practice.

      (Added to NRS by 2015, 2383)

      NRS 388.445  Pupils with dyslexia: Designation of teacher and school employee to receive training and professional development concerning dyslexia.

      1.  The principal of a public elementary school, including, without limitation, a charter school, shall designate a licensed teacher employed by the school to receive training in effective methods of intervention for pupils with dyslexia. If the principal has designated a licensed teacher to serve as a learning strategist, the learning strategist must be the person to receive such training.

      2.  The board of trustees of each school district and the governing body of each charter school shall ensure that at least one employee who serves pupils in kindergarten or grade 1, 2 or 3 is designated at each school to receive professional development regarding dyslexia. Such professional development must include, without limitation, training in:

      (a) Methods to recognize indicators for dyslexia; and

      (b) The science related to teaching a pupil with dyslexia.

      3.  The professional development required pursuant to subsection 2:

      (a) Must be provided by a learning strategist, if the principal has designated a licensed teacher to serve as a learning strategist; or

      (b) May be provided on the Internet or at another venue approved by the Department.

      (Added to NRS by 2015, 2383)

      NRS 388.447  Pupils with dyslexia: Department to prepare and publish Dyslexia Resource Guide for school districts and public schools.  The Department shall prepare and publish a Dyslexia Resource Guide as a guide for each school district and public school, including, without limitation, a charter school, to use to identify and provide dyslexia intervention for pupils with dyslexia.

      (Added to NRS by 2015, 2384)

      NRS 388.449  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.

      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 388.419 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) — (Substituted in revision for NRS 388.481)

      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.  [Replaced in revision by NRS 388.429 and 388.5253.]

 

      NRS 388.451  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) — (Substituted in revision for NRS 388.483)

      NRS 388.453  Special ungraded schools and programs; powers of trustees.

      1.  Pupils with disabilities 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.

      (c) Accept gifts or donations of sites and buildings for those purposes.

      [286:32:1956] — (NRS A 1969, 445; 1973, 1429; 1993, 2160) — (Substituted in revision for part of NRS 388.500)

Rights of Pupils With Disabilities

      NRS 388.457  When pupil 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 388.459, 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 388.459.

      (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 388.417 to 388.515, 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 388.417 to 388.515, 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 388.459 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) — (Substituted in revision for NRS 388.492)

      NRS 388.459  When pupil 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;

      (b) The pupil is no longer enrolled in a program of special education pursuant to NRS 388.417 to 388.515, inclusive; or

      (c) The parent elects to transfer the right to represent educational interests to the pupil.

      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 388.457, 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; A 2015, 1026) — (Substituted in revision for NRS 388.493)

      NRS 388.460  Pupils not required to take advantage of special provisions for education.  [Replaced in revision by NRS 388.431 and 388.5257.]

 

Hearings Conducted Pursuant to the Individuals With Disabilities Education Act

      NRS 388.463  Selection and compensation of hearing officers; appeal of decision of hearing officer. [Effective July 1, 2016.]

      1.  The Department shall maintain a list of hearing officers who meet the qualifications prescribed pursuant to 20 U.S.C. § 1415(f)(3)(A) to conduct a due process hearing 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.

      2.  Except as otherwise provided in subsection 4, upon the filing of a complaint requiring a due process hearing described in subsection 1, the Superintendent of Public Instruction shall select three hearing officers from the list maintained by the Department pursuant to subsection 1. The selection of the hearing officers must be made on a random, rotational or other impartial basis and, in a school district in which more than 50,000 pupils are enrolled, the place of business of the hearing officer must, to the extent practicable, be located in the school district.

      3.  The Superintendent of Public Instruction shall provide the names of the three hearing officers selected pursuant to subsection 2 to the complainant and request the complainant to return to the Superintendent a list which places the three names in the order of preference of the complainant. The complainant must return the list within 2 days. If the complainant returns the list, the Superintendent must request the first hearing officer on the list to preside over the hearing and if he or she is unavailable, the next person, until there are no more hearing officers on the list. If the complainant does not return the list within 2 days, the Superintendent must appoint a hearing officer and may determine the order in which to request a hearing officer to preside over the hearing.

      4.  If a due process hearing is required to be expedited pursuant to 20 U.S.C. § 1415(k)(4), the Superintendent of Public Instruction must select a hearing officer to preside over the hearing from the list maintained by the Department pursuant to subsection 1. The selection of the hearing officer must be made on a random, rotational or other impartial basis and, in a school district in which more than 50,000 pupils are enrolled, the place of business of the hearing officer must, to the extent practicable, be located in the school district.

      5.  The local educational agency or governing body of a charter school involved in the complaint, as applicable, shall pay the cost of the hearing, including, without limitation, any compensation to which the hearing officer is entitled.

      6.  The decision of a hearing officer may be appealed by any aggrieved party to the Department.

      7.  As used in this section, “local educational agency” has the meaning ascribed to it in 20 U.S.C. § 1401(19).

      (Added to NRS by 2015, 2076, effective July 1, 2016)

      NRS 388.465  Regulations concerning procedures for requesting recusal of hearing officer and qualifications of hearing officers; Department to post information relating to due process hearings on Internet website. [Effective July 1, 2016.]

      1.  The State Board shall prescribe by regulation:

      (a) The procedures for requesting the recusal of a hearing officer on the basis of bias or a conflict of interest.

      (b) The qualifications to remain on the list of hearing officers maintained pursuant to subsection 1 of NRS 388.463. Such qualifications must include, without limitation, requiring that a hearing officer:

             (1) Must complete, within the first year that the name of the hearing officer appears on the list maintained by the Department pursuant to subsection 1 of NRS 388.463, a minimum of 40 hours of training, which must include, without limitation, 24 hours of training in laws relating to special education; and

             (2) Must complete annual training arranged by the Department. The training must include, without limitation, training concerning laws relating to special education, the procedure for conducting a hearing and rendering and writing a decision.

      (c) The procedures for compensating a hearing officer which must be established to avoid a conflict of interest for the hearing officer or the appearance of such a conflict.

      2.  The Department of Education shall post information as prescribed by the State Board relating to due process hearings held pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., on its Internet website. Such information must include, without limitation:

      (a) A model form that may be used to request such a hearing;

      (b) Decisions from such hearings after the names and other personally identifiable information of the pupils who were the subject of such hearings have been removed;

      (c) Decisions from the appeals of such hearings after the names and any other personally identifiable information of the pupils who were the subject of the hearings have been removed; and

      (d) Timelines and procedures for conducting such hearings.

      (Added to NRS by 2015, 2077, effective July 1, 2016)

      NRS 388.467  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) — (Substituted in revision for NRS 388.507)

      NRS 388.469  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) — (Substituted in revision for NRS 388.509)

      NRS 388.470  Placement of child in special program; effect of military transfer of parent of child.  [Replaced in revision by NRS 388.433 and 388.5259.]

 

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

      NRS 388.471  Definitions.  As used in NRS 388.471 to 388.515, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.473 to 388.495, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 3236; A 2009, 918) — (Substituted in revision for NRS 388.521)

      NRS 388.473  “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

      (c) Nature of the person’s disability prevents him or her from engaging in the exercise; 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) — (Substituted in revision for NRS 388.5215)

      NRS 388.475  Ages for admission to special programs; enrollment counted for apportionment.  [Replaced in revision by NRS 388.435 and 388.5261.]

 

      NRS 388.476  “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) — (Substituted in revision for NRS 388.522)

      NRS 388.477  Pupils with hearing impairment: Requirements for consideration in development of individualized education program; additional considerations for best feasible instruction.  [Replaced in revision by NRS 388.437.]

 

      NRS 388.478  “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) — (Substituted in revision for NRS 388.5225)

      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.  [Replaced in revision by NRS 388.449.]

 

      NRS 388.483  Pupils with autism spectrum disorder: Department required to submit annual report to Aging and Disability Services Division.  [Replaced in revision by NRS 388.451.]

 

      NRS 388.485  “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) — (Substituted in revision for NRS 388.523)

      NRS 388.487  “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) — (Substituted in revision for NRS 388.5235)

      NRS 388.491  “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) — (Substituted in revision for NRS 388.525)

      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.  [Replaced in revision by NRS 388.457.]

 

      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.  [Replaced in revision by NRS 388.459.]

 

      NRS 388.494  “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) — (Substituted in revision for NRS 388.5255)

      NRS 388.495  “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) — (Substituted in revision for NRS 388.526)

      NRS 388.497  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) — (Substituted in revision for NRS 388.5265)

      NRS 388.499  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 388.501, use physical restraint on a pupil with a disability.

      2.  Except as otherwise provided in NRS 388.503, use mechanical restraint on a pupil with a disability.

      (Added to NRS by 1999, 3238) — (Substituted in revision for NRS 388.527)

      NRS 388.500  Special ungraded schools and programs; powers of trustees.  [Replaced in revision by NRS 388.453 and 388.5263.]

 

      NRS 388.501  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

      (c) Conduct medical examinations or treatments on the pupil that are necessary.

      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 388.513.

      4.  If a pupil with a disability has three reports of the use of physical 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 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) — (Substituted in revision for NRS 388.5275)

      NRS 388.503  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;

      (c) Provide proper body alignment to a pupil; or

      (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 388.513.

      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) — (Substituted in revision for NRS 388.528)

      NRS 388.505  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;

      (c) Includes methods to enhance the independence and quality of life for pupils with disabilities;

      (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 388.471 to 388.515, inclusive.

      (Added to NRS by 1999, 3239) — (Substituted in revision for NRS 388.5285)

      NRS 388.506  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 388.499 is subject to disciplinary action pursuant to NRS 391.330 or 391.750, or both.

      (Added to NRS by 1999, 3240) — (Substituted in revision for NRS 388.529)

      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.  [Replaced in revision by NRS 388.467.]

 

      NRS 388.508  Report of violation; corrective plan required; appointment of administrator to oversee school under certain circumstances.

      1.  A school where a violation of NRS 388.471 to 388.515, 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) — (Substituted in revision for NRS 388.5295)

      NRS 388.509  Hearings conducted pursuant to Individuals with Disabilities Education Act: Authority of Department to issue subpoenas; enforcement of subpoena by court.  [Replaced in revision by NRS 388.469.]

 

      NRS 388.511  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 388.471 to 388.515, inclusive; or

      2.  Provided information regarding a violation of NRS 388.471 to 388.515, inclusive,

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

      (Added to NRS by 1999, 3241) — (Substituted in revision for NRS 388.531)

      NRS 388.513  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 388.471 to 388.515, 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

      (c) May act to resolve disputes relating to apparent violations.

      (Added to NRS by 1999, 3241; A 2009, 921) — (Substituted in revision for NRS 388.5315)

      NRS 388.515  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 388.471 to 388.515, 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) — (Substituted in revision for NRS 388.5317)

      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.  [Replaced in revision by NRS 388.419 and 388.5267.]

 

      NRS 388.521  Definitions.  [Replaced in revision by NRS 388.471.]

 

Program for Persons With Disabilities With Unique Needs

      NRS 388.5211  Definitions. [Effective through June 30, 2016.]  As used in NRS 388.5211 to 388.5243, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.5213, 388.5217 and 388.5219 have the meanings ascribed to them in those sections.

      (Added to NRS by 1969, 279; A 1977, 370; 1979, 835; 1991, 2128; 1993, 2165; 1995, 961; R 2015, 3735, effective July 1, 2016) — (Substituted in revision for NRS 395.001)

      NRS 388.5213  “Related services” defined. [Effective through June 30, 2016.]  “Related services” means room, board, transportation and such developmental, corrective and other supportive services, as may be required pursuant to minimum standards prescribed by the State Board of Education, to assist a person with a disability to benefit from a special education program.

      (Added to NRS by 1991, 2128; A 1993, 2163, 2165; R 2015, 3735, effective July 1, 2016) — (Substituted in revision for NRS 395.0065)

      NRS 388.5215  “Aversive intervention” defined.  [Replaced in revision by NRS 388.473.]

 

      NRS 388.5217  “School district” defined. [Effective through June 30, 2016.]  “School district” means a county school district created pursuant to chapter 386 of NRS.

      (Added to NRS by 1991, 2128; A 1993, 2165; R 2015, 3735, effective July 1, 2016) — (Substituted in revision for NRS 395.0075)

      NRS 388.5219  “Special education program” defined. [Effective through June 30, 2016.]  “Special education program” means a program which provides instruction specially designed in accordance with minimum standards prescribed by the State Board of Education to meet the unique needs of persons with disabilities.

      (Added to NRS by 1977, 370; A 1993, 2163; R 2015, 3735, effective July 1, 2016) — (Substituted in revision for NRS 395.008)

      NRS 388.522  “Chemical restraint” defined.  [Replaced in revision by NRS 388.476.]

 

      NRS 388.5221  Special education program and related services to be provided to person with disability. [Effective through June 30, 2016.]

      1.  The Superintendent of Public Instruction shall provide a special education program and related services to all persons with disabilities who are eligible for benefits pursuant to NRS 388.5211 to 388.5243, inclusive.

      2.  The Superintendent of Public Instruction may carry out the duties required by subsection 1 by:

      (a) Making arrangements with the governing body of any institution for persons with disabilities in any state having any such institution.

      (b) Placing the person with a disability in a foster home or other residential facility, located in or outside of the school district in which the person with a disability resides, that can provide an appropriate special education program and related services for the person’s particular disability. The Superintendent shall consider the recommendation of the interagency panel in deciding where to place a person with a disability, but the Superintendent has final authority regarding placement pursuant to this subsection.

      (c) Making arrangements, if money from the Federal Government is available to cover the entire cost, for the unique special education and related services required to return students to this state who have been placed in an institution outside of the State pursuant to NRS 388.5211 to 388.5243, inclusive.

      3.  The Superintendent of Public Instruction may make all necessary contracts, in accordance with any regulations the State Board of Examiners may prescribe, to carry out the provisions of this section.

      [465:32:1956] — (NRS A 1963, 327; 1969, 280; 1977, 370; 1987, 1038; 1991, 2128; 1993, 2163, 2165; 1995, 961; R 2015, 3735, effective July 1, 2016) — (Substituted in revision for NRS 395.010)

      NRS 388.5223  Eligibility for benefits. [Effective through June 30, 2016.]  A person with a disability is eligible to receive the benefits provided pursuant to NRS 388.5211 to 388.5243, inclusive, if:

      1.  The person is a resident of the State of Nevada;

      2.  The person is under 22 years of age, except that where the enrollment period for the school year is before his or her 22nd birthday, the person remains eligible to complete that school year irrespective of his or her age;

      3.  The Department of Education has prescribed minimum standards for the provision of a special education program and related services to persons with such a disability; and

      4.  The person’s school district:

      (a) Has prepared an appropriate plan for the individualized education of the person with a disability; and

      (b) Is unable to provide an appropriate special education program and related services for his or her particular disability and grade or level of education.

      [466:32:1956] — (NRS A 1969, 280; 1973, 805; 1977, 371; 1979, 835; 1991, 2129; 1993, 2164, 2165) — (Substituted in revision for NRS 395.020)

      NRS 388.5223  Eligibility for benefits. [Effective July 1, 2016.]  A person with a disability is eligible to receive the benefits provided pursuant to NRS 388.5223 to 388.5243, inclusive, if:

      1.  The person is a resident of the State of Nevada;

      2.  The person is under 22 years of age, except that where the enrollment period for the school year is before his or her 22nd birthday, the person remains eligible to complete that school year irrespective of his or her age;

      3.  The Department of Education has prescribed minimum standards for the provision of a special education program and related services to persons with such a disability; and

      4.  The person’s school district:

      (a) Has prepared an appropriate plan for the individualized education of the person with a disability; and

      (b) Is unable to provide an appropriate special education program and related services for his or her particular disability and grade or level of education.

      [466:32:1956] — (NRS A 1969, 280; 1973, 805; 1977, 371; 1979, 835; 1991, 2129; 1993, 2164, 2165; effective July 1, 2016) — (Substituted in revision for NRS 395.020)

      NRS 388.5225  “Corporal punishment” defined.  [Replaced in revision by NRS 388.478.]

 

      NRS 388.5227  Application for benefits; action by board of trustees. [Effective through June 30, 2016.]

      1.  An adult person with a disability who is eligible to receive benefits pursuant to NRS 388.5211 to 388.5243, inclusive, or a parent, guardian or other person having the care, custody or control of a person with a disability who is eligible may file an application for those benefits with the board of trustees of the school district in which the person with a disability is a resident.

      2.  If the board of trustees is satisfied that the school district is unable to provide an appropriate special education program and related services for the particular disability and grade or level of education of the person with a disability, the board shall certify that fact and transmit the application to the Superintendent of Public Instruction.

      [467:32:1956] — (NRS A 1969, 280; 1973, 1138; 1977, 1979, 1637; 1983, 504; 1991, 2129; 1993, 2164, 2165; R 2015, 3735, effective July 1, 2016) — (Substituted in revision for NRS 395.030)

      NRS 388.5229  Duties of Superintendent of Public Instruction upon receipt of application. [Effective through June 30, 2016.]

      1.  Upon receipt and review of an application for benefits, the Superintendent of Public Instruction may cause a medical, psychological or educational examination of the person with a disability to be conducted at state expense to determine the nature and extent of the disability.

      2.  If the Superintendent of Public Instruction determines that the school district:

      (a) Has prepared an appropriate plan for the individualized education of the person with a disability; and

      (b) Is unable to provide an appropriate special education program and related services for the particular disability and grade or level of education of the person with a disability,

Ê the Superintendent shall make the arrangements for the provision of a special education program and related services.

      3.  The Superintendent of Public Instruction has final authority regarding the provision of a special education program and related services to any person with a disability.

      [468:32:1956] — (NRS A 1963, 327; 1969, 281; 1977, 372; 1991, 2129; 1993, 2164, 2165; 1995, 679, 962; R 2015, 3735, effective July 1, 2016) — (Substituted in revision for NRS 395.040)

      NRS 388.523  “Electric shock” defined.  [Replaced in revision by NRS 388.485.]

 

      NRS 388.5231  Transportation of person with disability; State to pay for provision of special education program and related services. [Effective through June 30, 2016.]

      1.  When arrangements for the provision of a special education program and related services to a person with a disability have been completed by the Superintendent of Public Instruction, the Superintendent shall advise the board of trustees of the school district to make provision, at the expense of the school district, for transporting the person with a disability to a place designated by the Superintendent. The Superintendent shall make necessary arrangements for transporting the person with a disability from the designated place to the institution, foster home or other residential facility and return to the designated place at the expense of the State.

      2.  The provision of a special education program and related services to a person with a disability pursuant to NRS 388.5211 to 388.5243, inclusive, must be paid by the State without any charge to the person with a disability or to a parent, guardian or other person having the care, custody or control of the person with a disability.

      [469:32:1956] — (NRS A 1963, 327; 1969, 281; 1973, 1138; 1977, 372; 1979, 1637; 1991, 2130; 1993, 2165; 1995, 962; R 2015, 3735, effective July 1, 2016) — (Substituted in revision for NRS 395.050)

      NRS 388.5233  Money to carry out provisions of NRS 388.5211 to 388.5243, inclusive. [Effective through June 30, 2016.]  Money to carry out the provisions of NRS 388.5211 to 388.5243, inclusive, may be provided by direct legislative appropriation from the State General Fund, federal grants or any other source of money made available for that purpose.

      [470:32:1956] — (NRS A 1981, 1043; R 2015, 3735, effective July 1, 2016) — (Substituted in revision for NRS 395.060)

      NRS 388.5235  “Emergency” defined.  [Replaced in revision by NRS 388.487.]

 

      NRS 388.5237  Interagency Panel: Responsibility; membership; duties. [Effective through June 30, 2016.]

      1.  The Interagency Panel is hereby created. The Panel is responsible for making recommendations concerning the placement of persons with disabilities who are eligible to receive benefits pursuant to NRS 388.5211 to 388.5243, inclusive. The Panel consists of:

      (a) The Administrator of the Division of Child and Family Services of the Department of Health and Human Services;

      (b) The Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services;

      (c) The Director of the Department of Health and Human Services; and

      (d) The Superintendent of Public Instruction.

      2.  A member of the Panel may designate a person to represent him or her at any meeting of the Panel. The person designated may exercise all the duties, rights and privileges of the member he or she represents.

      3.  The Panel shall perform such duties as prescribed by the State Board.

      (Added to NRS by 1995, 960; A 1999, 114; 2015, 3731) — (Substituted in revision for NRS 395.070)

      NRS 388.5237  Interagency Panel: Responsibility; membership; duties. [Effective July 1, 2016.]

      1.  The Interagency Panel is hereby created. The Panel is responsible for making recommendations concerning the placement of persons with disabilities who are eligible to receive benefits pursuant to NRS 388.5223 to 388.5243, inclusive. The Panel consists of:

      (a) The Administrator of the Division of Child and Family Services of the Department of Health and Human Services;

      (b) The Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services;

      (c) The Director of the Department of Health and Human Services; and

      (d) The Superintendent of Public Instruction.

      2.  A member of the Panel may designate a person to represent him or her at any meeting of the Panel. The person designated may exercise all the duties, rights and privileges of the member he or she represents.

      3.  The Panel shall perform such duties as prescribed by the State Board.

      (Added to NRS by 1995, 960; A 1999, 114; 2015, 3731, effective July 1, 2016) — (Substituted in revision for NRS 395.070)

      NRS 388.5239  Priority of placement in homes or facilities located in this State. [Effective through June 30, 2016.]  Persons with disabilities who are entitled to benefits pursuant to NRS 388.5211 to 388.5243, inclusive, must be given priority of placement in homes or facilities which are located in this State and under the authority of the Department of Health and Human Services.

      (Added to NRS by 1995, 961) — (Substituted in revision for NRS 395.080)

      NRS 388.5239  Priority of placement in homes or facilities located in this State. [Effective July 1, 2016.]  Persons with disabilities who are entitled to benefits pursuant to NRS 388.5223 to 388.5243, inclusive, must be given priority of placement in homes or facilities which are located in this State and under the authority of the Department of Health and Human Services.

      (Added to NRS by 1995, 961; effective July 1, 2016) — (Substituted in revision for NRS 395.080)

      NRS 388.5241  Monitoring of children placed in foster homes and residential facilities outside State. [Effective through June 30, 2016.]  The Division of Child and Family Services of the Department of Health and Human Services shall, when monitoring children under its authority whom it has placed in foster homes and residential facilities outside of the State, also monitor the well-being of the persons with disabilities who have been placed in those foster homes and residential facilities pursuant to NRS 388.5211 to 388.5243, inclusive, and report to the Superintendent of Public Instruction concerning the condition of those persons with disabilities.

      (Added to NRS by 1995, 961) — (Substituted in revision for NRS 395.090)

      NRS 388.5241  Monitoring of children placed in foster homes and residential facilities outside State. [Effective July 1, 2016.]  The Division of Child and Family Services of the Department of Health and Human Services shall, when monitoring children under its authority whom it has placed in foster homes and residential facilities outside of the State, also monitor the well-being of the persons with disabilities who have been placed in those foster homes and residential facilities pursuant to NRS 388.5223 to 388.5243, inclusive, and report to the Superintendent of Public Instruction concerning the condition of those persons with disabilities.

      (Added to NRS by 1995, 961; effective July 1, 2016) — (Substituted in revision for NRS 395.090)

      NRS 388.5243  Contingency Account for Special Education Services: Creation; use of money in Account; regulations.

      1.  The Contingency Account for Special Education Services 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 of money from any source for deposit in the Account. Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with this section.

      2.  The interest and income earned on the sum of:

      (a) The money in the Account; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Ê must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      3.  The money in the Account may only be used for public schools and public education, as authorized by the Legislature.

      4.  The State Board shall adopt regulations for the application, approval and disbursement of money commencing with the 2016-2017 school year to reimburse school districts and charter schools for extraordinary program expenses and related services which:

      (a) Are not ordinarily present in the typical special education service and delivery system at a public school;

      (b) Are associated with the implementation of the individualized education program of a pupil with significant disabilities, as defined by the State Board, to provide an appropriate education in the least restrictive environment; and

      (c) The costs of which exceed the total funding available to the school district or charter school for the pupil.

      (Added to NRS by 2015, 3730)

      NRS 388.525  “Mechanical restraint” defined.  [Replaced in revision by NRS 388.491.]

 

GIFTED AND TALENTED PUPILS

      NRS 388.5251  Definitions.  As used in NRS 388.5251 to 388.5267, inclusive, “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.

      [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; 2013, 743) — (Substituted in revision for part of NRS 388.440)

      NRS 388.5253  Provision of education to gifted and talented pupils.

      1.  The Legislature declares that funding provided for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to gifted and talented pupils residing in Nevada.

      2.  Subject to the provisions of NRS 388.5251 to 388.5267, inclusive, the board of trustees of each school district shall make such special provisions as may be necessary for the education of gifted and talented pupils.

      3.  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 388.5251 to 388.5267, inclusive. 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; 2015, 3726) — (Substituted in revision for part of NRS 388.450)

      NRS 388.5255  “Physical restraint” defined.  [Replaced in revision by NRS 388.494.]

 

      NRS 388.5257  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 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) — (Substituted in revision for part of NRS 388.460)

      NRS 388.5259  Placement of child in special program.

      1.  Before any child is placed in a special program for 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.

      [283:32:1956] — (NRS A 1973, 1428; 1979, 1596; 1993, 2159; 1999, 1966; 2009, 2616) — (Substituted in revision for part of NRS 388.470)

      NRS 388.526  “Verbal and mental abuse” defined.  [Replaced in revision by NRS 388.495.]

 

      NRS 388.5261  Age for admission to special programs; enrollment counted for apportionment.  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 part of NRS 388.475)

      NRS 388.5263  Special ungraded schools and programs; powers of trustees.

      1.  Gifted and talented pupils 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.

      (c) Accept gifts or donations of sites and buildings for those purposes.

      [286:32:1956] — (NRS A 1969, 445; 1973, 1429; 1993, 2160) — (Substituted in revision for part of NRS 388.500)

      NRS 388.5265  Aversive intervention prohibited.  [Replaced in revision by NRS 388.497.]

 

      NRS 388.5267  Minimum standards for special education of gifted and talented pupils; limitation on apportionment of state money for instruction.

      1.  The State Board shall prescribe minimum standards for the special education of gifted and talented pupils.

      2.  The minimum standards prescribed by the State Board pursuant to subsection 1 must include standards for programs of instruction or special services maintained for the purpose of serving pupils with gifted and talented abilities.

      3.  No apportionment of state money may be made to any school district or charter school for the instruction of 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.

      [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; 2013, 694, 744; 2015, 1027, 2385) — (Substituted in revision for part of NRS 388.520)

      NRS 388.527  Physical restraint and mechanical restraint prohibited; exceptions.  [Replaced in revision by NRS 388.499.]

 

      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.  [Replaced in revision by NRS 388.501.]

 

      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.  [Replaced in revision by NRS 388.503.]

 

      NRS 388.5285  Mandatory education and training for staff.  [Replaced in revision by NRS 388.505.]

 

      NRS 388.529  Disciplinary action against person for intentional violation.  [Replaced in revision by NRS 388.506.]

 

      NRS 388.5295  Report of violation; corrective plan required; appointment of administrator to oversee school under certain circumstances.  [Replaced in revision by NRS 388.508.]

 

      NRS 388.531  Retaliation for reporting violation prohibited.  [Replaced in revision by NRS 388.511.]

 

      NRS 388.5315  Reporting of denial of rights; investigation and resolution of disputes by Department.  [Replaced in revision by NRS 388.513.]

 

      NRS 388.5317  Annual report by school districts on use of restraint and violations; compilation of reports by Department; submission of compilation to Legislature.  [Replaced in revision by NRS 388.515.]

 

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.

      (c) A comprehensive curriculum that includes elective classes of instruction and career and technical education.

      (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.

      (c) A juvenile training school established by the State pursuant to the provisions of title 5 of NRS.

      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.  [Replaced in revision by NRS 388H.010.]

 

      NRS 388.575  Establishment of statewide program by Department of Education; requirements of statewide program.  [Replaced in revision by NRS 388H.020.]

 

      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.  [Replaced in revision by NRS 388H.030.]

 

      NRS 388.579  Boards of trustees of school districts authorized to operate program; compliance with statewide program; conditions for receipt of money from Fund.  [Replaced in revision by NRS 388H.040.]

 

      NRS 388.582  Board of Regents authorized to offer certain courses to incarcerated persons.  [Replaced in revision by NRS 388H.050.]

 

      NRS 388.583  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.  [Replaced in revision by NRS 388H.060.]

 

PROGRAM OF INFORMATION CONCERNING MISSING CHILDREN

      NRS 388.585  Establishment of program by trustees; assistance of Attorney General or State Board.  [Replaced in revision by NRS 386.975.]

 

STATE SEAL OF BILITERACY PROGRAM

      NRS 388.591  Establishment of Program; creation and delivery of State Seal of Biliteracy; participation in Program; regulations.

      1.  The Superintendent of Public Instruction shall establish a State Seal of Biliteracy Program to recognize pupils who graduate from a public high school, including, without limitation, a charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in one or more languages in addition to English.

      2.  The Superintendent of Public Instruction shall:

      (a) Create a State Seal of Biliteracy that may be affixed to the diploma and noted on the transcript of a pupil to recognize that the pupil has met the requirements of NRS 388.593; and

      (b) Deliver the State Seal of Biliteracy to each school district, charter school and university school for profoundly gifted pupils that participates in the program.

      3.  Any school district, charter school and university school for profoundly gifted pupils may participate in the State Seal of Biliteracy Program by notifying the Superintendent of Public Instruction of its intent to participate in the Program.

      4.  Each board of trustees of a school district and governing body of a charter school or university school for profoundly gifted pupils that participates in the State Seal of Biliteracy Program shall:

      (a) Identify the pupils who have met the requirements to be awarded the State Seal of Biliteracy; and

      (b) Affix the State Seal of Biliteracy to the diploma and note the receipt of the State Seal of Biliteracy on the transcript of each pupil who meets those requirements.

      5.  The Superintendent of Public Instruction may adopt regulations as necessary to carry out the provisions of this section and NRS 388.593.

      (Added to NRS by 2015, 1453)

      NRS 388.593  Criteria for award of State Seal of Biliteracy.  A school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of Biliteracy Program established pursuant to NRS 388.591 must award a pupil, upon graduation from high school, a high school diploma with a State Seal of Biliteracy if the pupil:

      1.  Successfully completes all courses of study in English language arts that are required for graduation with at least a 2.0 grade point average, on a 4.0 grading scale;

      2.  Passes the end-of-course examinations in English language arts required pursuant to NRS 390.600;

      3.  Demonstrates proficiency in one or more languages other than English:

      (a) By passing an advanced placement examination in a world language with a score of 3 or higher or passing an international baccalaureate examination in a world language with a score of 4 or higher; or

      (b) By passing an examination in a world language, if the examination is approved by the board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils, as applicable; and

      4.  If the primary language of the pupil is not English, demonstrates proficiency in English on an assessment designated by the Department.

      (Added to NRS by 2015, 1454)

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;

      (c) Has difficulty in securing employment adequate for economic independence; and

      (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 current or former 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; A 2015, 1371)

      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;

      (c) The development of a personal plan for a career; and

      (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;

      (c) The proper completion of applications for employment;

      (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;

      (c) Legal assistance;

      (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

      NRS 388.700  Reduction of ratio in certain grades; request for variance required for each school quarter under certain circumstances; quarterly report on variances submitted to Interim Finance Committee; additional reports by State Board and Department; exception to requirements for charter schools and distance education.

      1.  Except as otherwise provided in this section, for each school quarter of a 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 and 2, must not exceed 16 to 1, and in grade 3, must not exceed 18 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, teachers who teach one or two specific subject areas to more than one classroom of pupils, and 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 end of a quarter during the school year to any existing class regardless of the number of pupils in the class if the school district requests and is approved for a variance from the State Board pursuant to subsection 4.

      3.  Each school district that includes one or more elementary schools which exceed the ratio of pupils per class during any quarter of a school year, as reported to the Department pursuant to NRS 388.725:

      (a) Set forth in subsection 1;

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

      (c) Defined by a legislatively approved alternative class-size reduction plan, if applicable to that school district,

Ê must request a variance for each such school for the next quarter of the current school year if a quarter remains in that school year or for the next quarter of the succeeding school year, as applicable, 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 a quarterly basis, submit a report to the Interim Finance Committee on each variance requested by a school district pursuant to subsection 4 during the preceding quarter and, if a variance was granted, an identification of each elementary school for which a variance was granted and the specific justification for the variance.

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

      (a) Each variance requested by a school district pursuant to subsection 4 during the preceding biennium and, if a variance was granted, an identification of each elementary school for which variance was granted and 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.

      7.  The Department shall, on or before November 15 of each year, report to the Chief of the Budget Division of the Office of Finance 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;

      (c) The number of pupils enrolled; and

      (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.

      8.  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; 2013, 27th Special Session, 32; 2015, 3727)

      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)

      NRS 388.723  Duties of Department: Development of policies and procedures relating to reduction of pupil-teacher ratio; guidance to school districts regarding development of plan, requirements for reporting information and data to be monitored; communication with board of trustees of school district regarding certain expectations.  The Department shall:

      1.  Develop policies and procedures for:

      (a) Monitoring the plan of each school district to reduce the pupil-teacher ratio per class developed pursuant to NRS 388.720, which must include, without limitation, provisions for:

             (1) The review of each plan submitted to the State Board to ensure the adequacy of such plans; and

             (2) The review of any data submitted to the State Board pursuant to NRS 388.710.

      (b) Monitoring the quarterly reports concerning the average daily attendance of pupils and the pupil-teacher ratios in each school district submitted by the board of trustees of the school district pursuant to NRS 388.725 to ensure the completeness and accuracy of such reports.

      (c) The review of any requests for a variance submitted to the State Board pursuant to NRS 388.700, which must include, without limitation, provisions to verify the information in such requests to ensure the accuracy of the reports on variances submitted by the State Board to the Legislature pursuant to that section.

      (d) The distribution of money to each school district for the reduction of pupil-teacher ratios, which must include, without limitation, provisions for:

             (1) The retention of all documents and records related to the distribution; and

             (2) The review of the work performed to determine the distribution of such money to ensure the accuracy of supporting information and the calculations used in making such determinations.

      2.  Provide guidance to the school districts on:

      (a) The development of a plan to reduce the pupil-teacher ratio per class pursuant to NRS 388.720. In developing such guidance, the Department shall:

             (1) Outline the criteria that each plan must include to meet the requirements of NRS 388.720.

             (2) Provide examples of policies, plans or strategies adopted by other states to reduce class sizes.

      (b) The requirements for reporting information related to the reduction of pupil-teacher ratios.

      (c) The data that must be monitored pursuant to NRS 388.710 by each school district and used to measure the effectiveness of the implementation of any plan to reduce pupil-teacher ratios.

      3.  Communicate with the board of trustees of each school district regarding the expectations of the Department for the use of any money distributed to reduce pupil-teacher ratios in the school district, including, without limitation, the minimum number of teachers the school district is expected to employ.

      (Added to NRS by 2015, 3060)

      NRS 388.725  Quarterly reports of average daily attendance and pupil-teacher ratios in elementary schools required of school districts; posting of report on Internet website.

      1.  On or before August 1, November 1, February 1 and May 1 of each year, the board of trustees of each school district shall report to the Department for the preceding quarter:

      (a) Except as otherwise provided in paragraph (b), the average daily attendance of pupils and the ratio of pupils per licensed teacher for grades 1, 2 and 3 for each elementary school in the school district.

      (b) If the State Board has approved an alternative class-size reduction plan for the school district pursuant to NRS 388.720, the average daily attendance of pupils and the ratio of pupils per licensed teacher for those grades which are required to comply with the alternative class-size reduction plan for each elementary school in the school district.

      2.  The board of trustees of each school district shall post on the Internet website maintained by the school district:

      (a) The information concerning average daily attendance and class size for each elementary school in the school district, as reported to the Department pursuant to subsection 1; and

      (b) An identification of each elementary school in the school district, if any, for which a variance from the prescribed pupil-teacher ratios was granted by the State Board pursuant to subsection 4 of NRS 388.700.

      (Added to NRS by 2013, 27th Special Session, 31)

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

      (c) Is exempt from the taxes imposed by NRS 375.020, 375.023 and 375.026 pursuant to subsection 12 of NRS 375.090.

      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

      (c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

      (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

      (c) Travel expenses provided pursuant to NRS 218A.655.

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)

      NRS 388.795  Commission on Educational Technology: Duties; establishment of plan for use of educational technology; administrative support by Department; assessment of needs of school districts relating to educational technology; advisory committee authorized. [Effective through June 30, 2016.]

      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 and charter schools in this State;

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

      (c) The information reported pursuant to NRS 385A.310 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 385A.070;

      (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

      (c) Office space,

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.

      (c) The superintendent of schools 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;

      (c) Evaluations of educational technology conducted for the State or for a school district, if applicable; and

      (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; 2015, 3305)

      NRS 388.795  Commission on Educational Technology: Duties; establishment of plan for use of educational technology; administrative support by Department; assessment of needs of school districts relating to educational technology; advisory committee authorized. [Effective July 1, 2016.]

      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 and charter schools in this State;

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

      (c) The information reported pursuant to NRS 385A.310 and similar information included in the annual report of accountability information prepared by the State Public Charter School Authority, the Achievement School District and a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385A.070;

      (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

      (c) Office space,

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.

      (c) The superintendent of schools 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;

      (c) Evaluations of educational technology conducted for the State or for a school district, if applicable; and

      (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; 2015, 3305, 3809, effective July 1, 2016)

      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 and charter schools 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; 2015, 3307)

      NRS 388.805  Trust Fund for Educational Technology: Program for school districts and charter schools to apply for money from Fund.  The Department shall, in consultation with the Commission, adopt regulations that establish a program whereby school districts and charter schools 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; 2015, 3307)

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.

      1.  “Program of distance education” means a program comprised of one or more courses of distance education that is provided by the board of trustees of a school district or the governing body of a charter school.

      2.  The term does not include a program of distance education provided by a private school pursuant to NRS 394.134 or a university school for profoundly gifted pupils pursuant to NRS 388C.130.

      (Added to NRS by 2001, 3149; A 2003, 223; 2007, 1992; 2013, 1512; 2015, 1194)

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 388A.246 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 chapter 385A of NRS;

      (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

      (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 chapter 385A of NRS;

             (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; 2013, 1929)

      NRS 388.850  Eligibility for enrollment.

      1.  A pupil may enroll in a program of distance education unless:

      (a) Pursuant to this section or other specific statute, the pupil is not eligible for enrollment or the pupil’s enrollment is otherwise prohibited;

      (b) The pupil fails to satisfy the qualifications and conditions for enrollment adopted by the State Board pursuant to NRS 388.874; or

      (c) The pupil fails to satisfy the requirements of the program of distance education.

      2.  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.

      3.  An opt-in child who is exempt from compulsory attendance 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, unless the opt-in child receives only a portion of his or her instruction from a participating entity as authorized pursuant to NRS 353B.850.

      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.

      (Added to NRS by 2001, 3151; A 2003, 223, 1141; 2007, 1993, 3031; 2013, 1512; 2015, 1841)

      NRS 388.854  Permission of board of trustees required for full-time enrollment; written agreement between board of trustees and provider of distance education program; Superintendent of Public Instruction to determine amount of apportionment to be allocated by school district where pupil resides if pupil is enrolled part-time and amount not specified in agreement.

      1.  Before a pupil may enroll full-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. Except as otherwise provided in NRS 388.850 or other specific statute, a board of trustees from whom permission is requested pursuant to this subsection shall grant the requested permission.

      2.  A pupil who enrolls 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 or 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.

      3.  If the board of trustees of a school district grants permission for a pupil to enroll full-time in a program of distance education pursuant to subsection 1 or if a pupil enrolls part-time in a program of distance education pursuant to subsection 2, the board of trustees of the school district in which the pupil resides shall enter into a written agreement with the board of trustees of the school district or the governing body of the charter school, as applicable, that provides the program of distance education. If the pupil enrolls part-time in a program of distance education, the agreement must include, without limitation, the amount of the apportionment provided to the school district where the pupil resides that will be allocated pursuant to paragraph (a) of subsection 2 of NRS 387.124 to the school district or charter school, as applicable, that provides the program of distance education.

      4.  A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. If permission is granted pursuant to subsection 1, the written agreement required by this subsection is not a condition precedent to the pupil’s enrollment in the program of distance education.

      5.  If the school district in which the pupil resides and the board of trustees of the school district or governing body of the charter school, as applicable, that provides the program of distance education in which the pupil is enrolled part-time are unable to reach an agreement as required pursuant to subsection 3, the Superintendent of Public Instruction will determine the amount of the apportionment which the school district where the pupil resides will be required to allocate pursuant to paragraph (a) of subsection 2 of NRS 387.124 to the school district or charter school, as applicable, that provides the program of distance education.

      (Added to NRS by 2001, 3152; A 2005, 2415; 2007, 1993; 2013, 1513; 2015, 2093)

      NRS 388.858  Pupil enrolled in charter school: Full-time enrollment in program only when provided by charter school; permission of charter school not required for part-time enrollment; written agreement between charter school and provider of distance education program required when pupil is enrolled in program part-time; Superintendent of Public Instruction to determine amount of apportionment to be allocated by charter school to school providing distance education program if pupil is enrolled part-time and amount not specified in agreement.

      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.  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 and is not required to obtain the approval of the governing body of the charter school in which the pupil is enrolled.

      3.  If a pupil who is enrolled in a charter school enrolls in a part-time program of distance education that is provided by a school district or another charter school, the governing body of the charter school in which the pupil is enrolled shall enter into a written agreement with the board of trustees of the school district or governing body of the charter school, as applicable, that provides the program of distance education. The agreement must include, without limitation, the amount of the apportionment provided to the charter school in which the pupil is enrolled that will be allocated pursuant to paragraph (b) of subsection 2 of NRS 387.124 to the school district or charter school, as applicable, that provides the program of distance education.

      4.  A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education.

      5.  If the charter school in which the pupil is enrolled and the board of trustees of the school district or governing body of the charter school, as applicable, that provides the program of distance education are unable to reach an agreement as required pursuant to subsection 3, the Superintendent of Public Instruction will determine the amount of the apportionment which the charter school in which the pupil is enrolled is required to allocate pursuant to paragraph (b) of subsection 2 of NRS 387.124 to the school district or charter school, as applicable, that provides the program of distance education.

      (Added to NRS by 2001, 3153; A 2005, 2416; 2007, 1995; 2015, 2093)

      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 chapter 385A of NRS;

      (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

      (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 chapter 385A of NRS;

      (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

      (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 chapter 385A of NRS;

      (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

      (d) Discipline of pupils.

      (Added to NRS by 2001, 3153; A 2003, 19th Special Session, 52; 2013, 1929)

      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 and any other applicable statute;

      (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 examinations required pursuant to NRS 390.105 and, if applicable for the grade levels of the pupils enrolled, the administration of the examinations pursuant to NRS 390.600 and the college and career readiness assessment pursuant to NRS 390.610; 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; 2013, 1514, 3267)

MISCELLANEOUS PROVISIONS

      NRS 388.880  Immunity from civil liability for reporting threat of violence against school official, school employee or pupil; exceptions. [Effective through June 30, 2016.]

      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 391.281; or

             (2) The governing body of a charter school.

      (c) “School official” means:

             (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)

      NRS 388.880  Immunity from civil liability for reporting threat of violence against school official, school employee or pupil; exceptions. [Effective July 1, 2016.]

      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 391.281;

             (2) The governing body of a charter school; or

             (3) The Achievement School District.

      (c) “School official” means:

             (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.

             (4) The Executive Director of the Achievement School District.

      (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; 2015, 3811, effective July 1, 2016)