[Rev. 5/24/2016 3:39:49 PM--2015]

CHAPTER 392 - PUPILS

GENERAL PROVISIONS

NRS 392.010           Admission of pupil from adjoining state or district; payment of tuition for pupil attending school in adjoining district or state; agreement for payment of tuition, transportation and other costs.

NRS 392.015           Admission of pupil from Indian reservation in school nearest pupil’s residence; reimbursement for additional costs of transportation; exceptions.

NRS 392.016           Admission of pupil with lawfully issued fictitious address.

NRS 392.017           Regulations concerning school choice for pupils enrolled in persistently dangerous school and for pupils who are victims of violent offense while at school.

NRS 392.018           Written notice of certain courses, services and educational programs available to pupils within school district; posting at public schools; availability to parents.

NRS 392.019           Payment of tutoring or other educational services for child who is employed to work in entertainment industry. [Replaced in revision by NRS 388D.200.]

NRS 392.025           Grade given to pupil by teacher: Restriction on change by board of trustees.

NRS 392.029           Compliance with federal law governing access and confidentiality of education records and elicitation of information concerning pupils; written notice of rights to parents and guardians required.

NRS 392.033           Regulations prescribing requirements for promotion to high school; effect of failure to comply; evaluation of course of study or credits of pupil who transfers from junior high or middle school; placement on academic probation; enrollment of homeschooled children or opt-in children in high school.

NRS 392.035           Formula for determining mobility of pupils in school; Department to distribute form for submitting information necessary to formula.

ATTENDANCE

Compulsory and Excused Attendance; Retention

NRS 392.040           Attendance required for child between 7 and 18 years of age; minimum age required for kindergarten and first grade; waiver from attendance available for child 6 years of age; developmental screening test required to determine placement; effect of military transfer of parent of child.

NRS 392.050           Attendance excused for physical or mental condition; excused child with disability qualifies for free appropriate public education.

NRS 392.060           Attendance excused upon completion of 12 grades of elementary and high school.

NRS 392.070           Attendance excused for children in private school, homeschooled children and opt-in children. [Parts of this section were replaced in revision in 2015 by NRS 392.072 and 392.074.]

NRS 392.072           Participation of homeschooled children and opt-in children in programs of special education and related services; regulations.

NRS 392.074           Participation of private school children, homeschooled children and opt-in children in classes and extracurricular activities.

NRS 392.075           Attendance excused if permission granted to take high school equivalency assessment.

NRS 392.080           Attendance excused for distant residence from nearest school.

NRS 392.110           Attendance excused for child between 15 and 18 years of age who has completed eighth grade to enter employment or apprenticeship; written permit required.

NRS 392.118           Accounting of attendance and tardiness on report cards of pupils.

NRS 392.122           Minimum attendance requirements; school district authorized to exempt medical absences from requirements; notice and opportunity for parent to review absences before credit or promotion is denied; information to parents concerning duty to comply.

NRS 392.123           Written statement verifying pupil’s compliance with minimum attendance requirements or determination of existence of hardship and best interests of pupil or pupil’s family; submission of written statement or determination with application for driver’s license; boards of trustees to prescribe standard form.

NRS 392.125           Retention of pupil in same grade: Requirements; limitation; exception for charter schools. [Effective through June 30, 2019.]

NRS 392.125           Retention of pupil in same grade: Requirements; limitation; exception for charter schools. [Effective July 1, 2019.]

 

Advisory Boards to Review School Attendance; Absence and Truancy; Administrative Sanctions

NRS 392.126           Creation of advisory board in each county; membership; terms; compensation.

NRS 392.127           Administrative support to advisory boards.

NRS 392.128           Duties of advisory boards; division into subcommittees; provision of assistance in conjunction with community service providers; use and accounting of available money by advisory board. [Effective through June 30, 2016.]

NRS 392.128           Duties of advisory boards; division into subcommittees; provision of assistance in conjunction with community service providers; use and accounting of available money by advisory board. [Effective July 1, 2016.]

NRS 392.130           Conditions under which pupil deemed truant; approval required for absence; notice of unapproved absence to parent; applicability.

NRS 392.140           Conditions under which pupil declared habitual truant; applicability.

NRS 392.141           Applicability of provisions to pupils.

NRS 392.144           Duties of school if pupil is truant; habitual truant must be reported to attendance officer or law enforcement, referred to advisory board or referred for imposition of administrative sanctions.

NRS 392.146           Contents of written referral to advisory board; notice to parents or guardian.

NRS 392.147           Hearing by advisory board; written agreement for participation of pupil in certain programs; reporting of pupil to attendance officer or law enforcement agency or referral for administrative sanctions under certain circumstances; appeal by parent; confidentiality of information.

NRS 392.148           Administrative sanctions against habitual truant after investigation and hearing; suspension or delay in issuance of driver’s license; appeal by parent or guardian.

NRS 392.149           Issuance of citation to habitual truant; applicability.

NRS 392.150           Appointment of attendance officer authorized; procedures to monitor attendance and truancy; consideration of employment of attendance clerk.

NRS 392.160           Taking into custody child reported absent from school; persons or counseling agency to whom child may be delivered.

 

Birth Certificates and Records of Attendance; Name for Enrollment

NRS 392.165           Documents required for permanent enrollment; name under which child must be enrolled; notification to local law enforcement agency for failure to furnish documents.

NRS 392.167           Petition for court order permitting enrollment of child under name other than name appearing on birth certificate or other identifying document.

 

Enforcement and Penalties

NRS 392.170           Investigation of charges against parent, guardian or custodian of child; written report.

NRS 392.180           Criminal complaint by board of trustees of school district or governing body of charter school.

NRS 392.190           Criminal complaint by attendance officer.

NRS 392.200           Criminal complaint by taxpayer, school administrator or school officer.

NRS 392.210           Penalty for failure of parent, guardian or custodian of child to prevent subsequent truancy; limitation for providers of foster care.

NRS 392.215           False statement concerning age or attendance; false birth certificate or record of attendance; refusal to furnish documents; penalty.

NRS 392.220           Penalty for abetting truancy; unlawful employment of child absent from school; visitation of place of employment by school officer or attendance clerk to verify compliance.

CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT FOR SEXUAL OFFENSE OR SEXUALLY MOTIVATED ACT

NRS 392.251           Definitions.

NRS 392.254           “Notification” defined.

NRS 392.258           “Offender” defined.

NRS 392.2583         “Sexual offense” defined.

NRS 392.2587         “Sexually motivated act” defined.

NRS 392.261           “Victim” defined.

NRS 392.264           Offender prohibited from attending school victim attends without court approval; duty of superintendent of school district to negotiate agreement for attendance in another school district; termination of agreement.

NRS 392.268           Reimbursement to school district for transportation costs incurred to send offender to school other than school victim attends.

NRS 392.271           Confidentiality of name of victim; immunity from liability if name released under certain circumstances.

TRANSPORTATION

NRS 392.300           Transportation for pupils may be furnished by trustees; regulations. [Replaced in revision by NRS 386.790.]

NRS 392.320           Use of certain money for procuring vehicles, drivers and insurance. [Replaced in revision by NRS 386.795.]

NRS 392.330           Transportation by common and private carrier; purchase of bus tickets for certain pupils; contracts and insurance. [Replaced in revision by NRS 386.800.]

NRS 392.340           No admission of liability for injury or death. [Replaced in revision by NRS 386.805.]

NRS 392.350           Payment to parents or guardian in lieu of furnishing transportation; conditions. [Replaced in revision by NRS 386.810.]

NRS 392.360           Transportation of children to and from activities and programs; use and supervision of vehicles; qualifications and restrictions for drivers. [Replaced in revision by NRS 386.815.]

NRS 392.375           School bus transportation: Drills to practice evacuation; adoption and requirements of safety program; information to parents and guardians concerning school bus safety; regulations. [Replaced in revision by NRS 386.820.]

NRS 392.380           Drivers: Qualifications; training course; annual test; employment of pupils. [Replaced in revision by NRS 386.825.]

NRS 392.400           Condition, equipment and specifications of vehicle used for transportation of pupils; inspection; exemption; penalties. [Replaced in revision by NRS 386.830.]

NRS 392.405           Standards for new school buses purchased by school district on and after January 1, 2016. [Replaced in revision by NRS 386.835.]

NRS 392.410           Equipment and identification of school bus; use of system of flashing red lights; compliance with standards; inspection; penalties. [Replaced in revision by NRS 386.840.]

HEALTH AND SAFETY

NRS 392.415           Authorization to establish policy of uniforms for pupils and dress code for educational personnel; financial assistance for pupils to purchase uniforms. [Replaced in revision by NRS 386.855.]

NRS 392.420           Physical examinations of pupils; qualifications of persons to conduct examinations; notice to parent of certain medical conditions; notice to parent of examination and opportunity for exemption; report of results to Chief Medical Officer.

NRS 392.425           Authorization for pupil to self-administer medication for asthma, anaphylaxis or diabetes; contents of request; establishment of protocols relating to self-administration of medication; immunity from liability.

NRS 392.430           Sanitation and prevention of diseases: Authority of board of trustees of school districts and governing bodies of charter schools.

NRS 392.435           Immunization of pupils: Certificate prerequisite to enrollment; conditional enrollment; effect of military transfer of parent of child; consequences for failure to immunize; report to Division of Public and Behavioral Health; inclusion of certificate in pupil’s record.

NRS 392.437           Immunization of pupils: Exemption if prohibited by religious belief.

NRS 392.439           Immunization of pupils: Exemption if prevented by medical condition.

NRS 392.443           Immunization of pupils: Additional requirements imposed after enrollment; additional certificate required.

NRS 392.446           Immunization of pupils: Protection of child exempt from immunization if dangerous disease exists in school.

NRS 392.448           Immunization of pupils: Penalty for refusal to remove child from school when required by law.

NRS 392.450           Drills to instruct pupils in appropriate procedures to be followed in event of emergency; posting of escape routes; enforcement; penalty.

NRS 392.452           Adoption of policy by school district for prevention and treatment of injuries to the head which may occur during participation in competitive sports; requirements of policy; annual acknowledgment of policy by parent and pupil.

NRS 392.455           Devices for protection of eyes required in certain classes.

PARENTAL INVOLVEMENT AND FAMILY ENGAGEMENT

NRS 392.456           Form for use in elementary schools concerning status of pupil and participation of parent; restrictions on use.

NRS 392.457           Adoption of policies by State Board and school districts concerning effective involvement and engagement; annual review of policies.

NRS 392.4575         Educational involvement accords; policy by school districts for development and distribution; annual review.

NRS 392.4577         Employer required to grant leave to parent to participate in school conferences and other school-related activities; conditions; exception.

BEHAVIOR AND DISCIPLINE

General Provisions

NRS 392.461           Code of honor relating to cheating; contents; distribution.

NRS 392.463           Adoption of plan to ensure public schools are safe and free of controlled substances; written rules of behavior and punishments; distribution of plan and rules to pupils; availability for inspection.

NRS 392.4633         Corporal punishment prohibited; report of violation; forwarding of complaint if determined to be substantiated.

NRS 392.4634         Prohibition against disciplining certain pupils for simulating firearm or dangerous weapon or wearing clothing or accessories that depict firearm or dangerous weapon; exceptions; prohibition against adoption of conflicting policy, ordinance or regulation.

NRS 392.4635         Policy for prohibition of activities of criminal gangs on school property.

NRS 392.4637         Policy concerning use and possession of pagers, cellular telephones and other electronic devices.

NRS 392.4638         Board of trustees authorized to adopt policy for pupils to report unlawful activity being conducted on school property, activity sponsored by public school or on school bus.

NRS 392.464           Adoption and enforcement by trustees of disciplinary measures for pupil in possession of alcoholic beverage or controlled substance on premises of school.

 

Temporary Alternative Placement

NRS 392.4642         “Principal” defined.

NRS 392.4643         Actions taken against pupils with disabilities.

NRS 392.4644         Plan for progressive discipline and on-site review of disciplinary decisions; annual review and revision of plan; posting and availability of plan; written reports by superintendent of schools, board of trustees and Superintendent of Public Instruction concerning compliance with section.

NRS 392.4645         Removal of pupil from classroom: Notice; assignment to temporary alternative placement; exceptions.

NRS 392.4646         Removal of pupil from classroom: Conference; recommendation of principal.

NRS 392.4647         Establishment of committee to review temporary alternative placement of pupils.

NRS 392.4648         Powers and duties of committee to review temporary alternative placement of pupils.

 

Habitual Disciplinary Problem; Suspension and Expulsion

NRS 392.4655         Conditions under which pupil deemed habitual disciplinary problem; plan of behavior to prevent pupil from being deemed habitual disciplinary problem; appeal by parent or guardian concerning content of plan or action taken pursuant to plan.

NRS 392.4657         Conditions under which pupil deemed suspended.

NRS 392.466           Suspension or expulsion of pupil for battery on employee of school, possession of firearm or dangerous weapon, sale or distribution of controlled substance or status as habitual disciplinary problem; modification to suspension or expulsion requirement; limitations for pupils with disabilities.

NRS 392.467           Suspension or expulsion of pupil: Procedure; limitation.

NRS 392.4675         Certain suspended or expelled pupils ineligible to attend public school; authority for school district or charter school to enroll ineligible pupil in alternative programs, independent study, distance education or charter school designated for pupils with disciplinary problems.

CRISIS AND EMERGENCY RESPONSE IN PUBLIC SCHOOLS

NRS 392.600           Definitions. [Replaced in revision by NRS 388.229.]

NRS 392.604           “Crisis” defined. [Replaced in revision by NRS 388.231.]

NRS 392.608           “Development committee” defined. [Replaced in revision by NRS 388.232.]

NRS 392.609           “Emergency” defined. [Replaced in revision by NRS 388.233.]

NRS 392.610           “Local organization for emergency management” defined. [Replaced in revision by NRS 388.234.]

NRS 392.612           “School committee” defined. [Replaced in revision by NRS 388.235.]

NRS 392.616           Development committee: Establishment by school districts and charter schools; membership; terms of members. [Replaced in revision by NRS 388.241.]

NRS 392.620           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. [Replaced in revision by NRS 388.243.]

NRS 392.624           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. [Replaced in revision by NRS 388.245.]

NRS 392.628           School committee: Establishment; membership; terms of members. [Replaced in revision by NRS 388.247.]

NRS 392.632           School committee: Annual review of plan prepared by development committee; determination whether to request deviation from plan; notice of review. [Replaced in revision by NRS 388.249.]

NRS 392.636           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. [Replaced in revision by NRS 388.251.]

NRS 392.640           State Board: Development of plan for management of crisis or emergency; authorized dissemination of plan prepared by State Board or development committee. [Replaced in revision by NRS 388.253.]

NRS 392.644           State Board: Adoption of regulations concerning development of plans in responding to crisis or emergency, review of proposed deviations and requirements for training. [Replaced in revision by NRS 388.255.]

NRS 392.648           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. [Replaced in revision by NRS 388.257.]

NRS 392.652           Confidentiality of plans, approved deviations and certain other information. [Replaced in revision by NRS 388.259.]

NRS 392.656           Inapplicability of Open Meeting Law to development committee, school committee and certain meetings of State Board related to crisis and emergency response. [Replaced in revision by NRS 388.261.]

HOMESCHOOLED CHILDREN

NRS 392.700           Notice of intent to homeschool; release of child’s records; participation in examinations; educational plan; discrimination prohibited. [Replaced in revision by NRS 388D.010, 388D.020, 388D.030, 388D.040, 388D.050 and 388D.060.]

NRS 392.705           Form for participation in programs and activities at public school or through Nevada Interscholastic Activities Association. [Replaced in revision by NRS 388D.070.]

LITERACY REQUIREMENTS

NRS 392.750           Written notice of deficiency in subject area of reading to parent or legal guardian of pupil in kindergarten or grade 1, 2 or 3. [Effective through June 30, 2019.]

NRS 392.750           Written notice of deficiency in subject area of reading to parent or legal guardian of pupil in kindergarten or grade 1, 2 or 3. [Effective July 1, 2019.]

NRS 392.755           Plan to monitor progress of pupil in subject area of reading; school that establishes plan required to assess proficiency of pupil in subject area of reading.

NRS 392.760           Retention of pupil in grade 3 if pupil does not obtain certain score on criterion-referenced examination; good-cause exemptions; regulations. [Effective July 1, 2019.]

NRS 392.765           Required action when pupil in grade 3 is retained; requirements for intensive instructional services in subject area of reading; policy concerning promotion of pupil retained in grade 3; placement of pupil in transitional instructional setting. [Effective July 1, 2019.]

NRS 392.770           Principal required to offer certain instructional options to parent or legal guardian of pupil retained in grade 3. [Effective July 1, 2019.]

NRS 392.775           Board of trustees of school district required to prepare, submit and post report concerning pupils retained in grade 3 or granted good-cause exemption. [Effective July 1, 2019.]

MISCELLANEOUS PROVISIONS

NRS 392.850           Provision of information to certain employees regarding unlawful conduct of pupil; immunity from liability under certain circumstances; confidentiality of information.

NRS 392.855           Policy for procedures to be followed by peace officers in arresting pupil on school grounds during school hours. [Replaced in revision by NRS 391.283.]

NRS 392.860           Employee of school district prohibited from disclosing certain information about status of pupil placed in foster home.

UNLAWFUL ACTS

NRS 392.900           Interference with pupil attending school; penalty.

NRS 392.910           Assaulting pupil or school employee; interference with persons peaceably assembled within school; penalties.

NRS 392.915           Threatening to cause bodily harm or death to pupil or school employee by means of oral, written or electronic communication; penalties.

NRS 392.920           Employer prohibited from threatening or taking retaliatory action against parent for parent’s participation in certain school conferences and school-related activities; penalty; authorization for parent to file claim with Labor Commissioner.

_________

NOTE:                    Section 1 of chapter 180, Statutes of Nevada 2009, at p. 652, has been codified as NRS 388.221.

NOTE:                    Sections 5 and 6 of chapter 311, Statutes of Nevada 2009, at pp. 1333-1334, have been codified as NRS 388.176 and 388.181.

NOTE:                    Section 1 of chapter 44, Statutes of Nevada 2015, at p. 198, has been codified as NRS 388.2345.

NOTE:                    Sections 16.35, 16.4 and 16.5 of chapter 332, Statutes of Nevada 2015, at pp. 1842 and 1843, have been codified as NRS 388D.100 to 388D.140, inclusive.

NOTE:                    Sections 1.3 to 6.5, inclusive, and 7.5 of chapter 503, Statutes of Nevada 2015, at pp. 3070-3073 and 3075, have been codified as NRS 388.1451 to 388.1459, inclusive.

GENERAL PROVISIONS

      NRS 392.010  Admission of pupil from adjoining state or district; payment of tuition for pupil attending school in adjoining district or state; agreement for payment of tuition, transportation and other costs.  Except as to the attendance of a pupil pursuant to NRS 388.820 to 388.874, inclusive, 388E.110 or 392.015, or a pupil who is ineligible for attendance pursuant to NRS 392.4675 and except as otherwise provided in NRS 392.264 and 392.268:

      1.  The board of trustees of any school district may, with the approval of the Superintendent of Public Instruction:

      (a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining school district within this State or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or

      (b) Pay tuition for pupils residing in the school district but who attend school in an adjoining school district within this State or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.

      2.  With the approval of the Superintendent of Public Instruction, the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school shall enter into an agreement providing for the payment of such tuition as may be agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:

      (a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the State; and

      (b) If any are incurred in transporting a pupil or pupils to an adjoining state, as provided by the agreement.

      3.  In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.

      [360:32:1956] — (NRS A 1957, 300; 1959, 807; 1961, 40; 1965, 100; 1979, 1613; 1981, 842; 1989, 1979; 1993, 2306; 1997, 428; 2001, 3162; 2007, 803)

      NRS 392.015  Admission of pupil from Indian reservation in school nearest pupil’s residence; reimbursement for additional costs of transportation; exceptions.

      1.  The board of trustees of a school district shall, upon application, allow any pupil who resides on an Indian reservation located in two or more counties to attend the school nearest to the pupil’s residence, without regard to the school district in which the pupil’s residence is located. For the purposes of apportionment of money, if such a pupil attends a school outside the county in which the pupil resides, the pupil must be counted as being enrolled in the district in which he or she attends school.

      2.  A pupil who is allowed to attend a school outside the school district in which the pupil’s residence is located pursuant to this section must remain in that school for the full school year.

      3.  The school district which pays the additional costs of transporting a pupil pursuant to this section to a school outside the school district in which the pupil’s residence is located is entitled to be reimbursed for those costs. Such additional costs must be paid from the State Distributive School Account in the State General Fund.

      4.  The provisions of this section do not apply to a pupil who:

      (a) Is ineligible to attend public school pursuant to NRS 392.4675; or

      (b) Resides on an Indian reservation pursuant to an order issued by a court of competent jurisdiction in another state adjudging the pupil to be delinquent and committing him or her to the custody of a public or private institution or agency in this state.

      (Added to NRS by 1989, 1978; A 1993, 2307)

      NRS 392.016  Admission of pupil with lawfully issued fictitious address.

      1.  If a 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, the pupil may attend a public school that is located in a school district other than the school district in which the pupil resides.

      2.  If a pupil described in subsection 1 attends a public school that is located in a school district other than the school district in which the pupil resides:

      (a) The pupil must be included in the count of pupils of the school district in which the pupil attends school for the purposes of apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.1245, inclusive.

      (b) Neither the board of trustees of the school district in which the pupil attends school nor the board of trustees of the school district in which the pupil resides is required to provide transportation for the pupil to attend the public school.

      3.  The provisions of this section do not apply to a pupil who is ineligible to attend a public school pursuant to NRS 392.264 or 392.4675.

      (Added to NRS by 2005, 98)

      NRS 392.017  Regulations concerning school choice for pupils enrolled in persistently dangerous school and for pupils who are victims of violent offense while at school.  The State Board shall adopt regulations to carry out the provisions of 20 U.S.C. § 7912 concerning the choice that must be offered to a pupil to attend another public school, including, without limitation, a charter school, if the pupil is enrolled in a persistently dangerous school or is the victim of a violent offense while at school or on the grounds of the school in which the pupil is enrolled. The regulations must include the criteria for identifying a school as persistently dangerous.

      (Added to NRS by 2003, 19th Special Session, 79)

      NRS 392.018  Written notice of certain courses, services and educational programs available to pupils within school district; posting at public schools; availability to parents.

      1.  The board of trustees of each school district shall prepare a written notice which identifies all the advanced placement courses, honors courses, international baccalaureate courses, special education services, gifted and talented programs and any other educational programs available to pupils enrolled in the school district, including, without limitation, to the extent information is available, programs offered by charter schools within the school district, which will assist in the advancement of the education of those pupils. The notice must:

      (a) Specify where those courses, services and programs are available within the school district;

      (b) Identify the grade level of pupils for which those courses, services and programs are available; and

      (c) Be posted on the Internet website maintained by the school district.

      2.  Each public school shall:

      (a) Prepare a written notice which identifies the courses, services and programs identified pursuant to subsection 1 that are available at that public school;

      (b) Post in one or more conspicuous places at the school a notice indicating the availability and location of a complete list of the courses, services and programs:

             (1) Available within the school district, as identified pursuant to subsection 1; and

             (2) Available at that public school, as identified pursuant to paragraph (a); and

      (c) Ensure that the notices prepared pursuant to this section are made available to the parents and legal guardians of pupils enrolled in the school:

             (1) At the beginning of each school year or upon a pupil’s enrollment in public school, as applicable, including, without limitation, at meetings of parent organizations at the school and by distribution with other information that is sent home with pupils.

             (2) At parent-teacher conferences.

      3.  The notices prepared pursuant to subsection 1 and paragraph (a) of subsection 2 must be made available in such languages as the board of trustees of the school district deems necessary.

      (Added to NRS by 2009, 1314)

      NRS 392.019  Payment of tutoring or other educational services for child who is employed to work in entertainment industry.  [Replaced in revision by NRS 388D.200.]

 

      NRS 392.025  Grade given to pupil by teacher: Restriction on change by board of trustees.  The board of trustees of a school district shall not change the grade given to a pupil by a teacher unless the school district has established and followed a procedure that allows the teacher an opportunity to substantiate the grade that was given.

      (Added to NRS by 1989, 1103)

      NRS 392.029  Compliance with federal law governing access and confidentiality of education records and elicitation of information concerning pupils; written notice of rights to parents and guardians required.

      1.  If a parent or legal guardian of a pupil requests the education records of the pupil, a public school shall comply with the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.

      2.  If a parent or legal guardian of a pupil reviews the education records of the pupil and requests an amendment or other change to the education records, a public school shall comply with the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.

      3.  Except as otherwise provided in 20 U.S.C. § 1232g(b), a public school shall not release the education records of a pupil to a person, agency or organization without the written consent of the parent or legal guardian of the pupil.

      4.  If a public school administers a program which includes a survey, analysis or evaluation that is designed to elicit the information described in 20 U.S.C. § 1232h, it must comply with the provisions of that section.

      5.  A right accorded to a parent or legal guardian of a pupil pursuant to the provisions of this section devolves upon the pupil on the date on which the pupil attains the age of 18 years.

      6.  A public school shall, at least annually, provide to each pupil who is at least 18 years of age and to a parent or legal guardian of each pupil who is not at least 18 years of age, written notice of his or her rights pursuant to this section.

      7.  The provisions of this section:

      (a) Are intended to ensure that each public school complies with the provisions of 20 U.S.C. §§ 1232g and 1232h;

      (b) Must, to the extent possible, be construed in a manner that is consistent with 20 U.S.C. §§ 1232g and 1232h, and the regulations adopted pursuant thereto;

      (c) Apply to a public school regardless of whether the school receives money from the Federal Government; and

      (d) Do not impair any right, obligation or prohibition established pursuant to chapter 432B of NRS.

      8.  The State Board may adopt such regulations as are necessary to ensure that public schools comply with the provisions of this section.

      9.  As used in this section, unless the context otherwise requires, “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

      (Added to NRS by 1997, 2528)

      NRS 392.033  Regulations prescribing requirements for promotion to high school; effect of failure to comply; evaluation of course of study or credits of pupil who transfers from junior high or middle school; placement on academic probation; enrollment of homeschooled children or opt-in children in high school.

      1.  The State Board shall adopt regulations which prescribe the courses of study required for promotion to high school, including, without limitation, English language arts, mathematics, science and social studies. The regulations may include the credits to be earned in each course.

      2.  Except as otherwise provided in subsection 4, the board of trustees of a school district shall not promote a pupil to high school if the pupil does not complete the course of study or credits required for promotion. The board of trustees of the school district in which the pupil is enrolled may provide programs of remedial study to complete the courses of study required for promotion to high school.

      3.  The board of trustees of each school district shall adopt a procedure for evaluating the course of study or credits completed by a pupil who transfers to a junior high or middle school from a junior high or middle school in this State or from a school outside of this State.

      4.  The board of trustees of each school district shall adopt a policy that allows a pupil who has not completed the courses of study or credits required for promotion to high school to be placed on academic probation and to enroll in high school. A pupil who is on academic probation pursuant to this subsection shall complete appropriate remediation in the subject areas that the pupil failed to pass. The policy must include the criteria for eligibility of a pupil to be placed on academic probation. A parent or guardian may elect not to place his or her child on academic probation but to remain in grade 8.

      5.  A homeschooled child or opt-in child who enrolls in a public high school shall, upon initial enrollment:

      (a) Provide documentation sufficient to prove that the child has successfully completed the courses of study required for promotion to high school through an accredited program of homeschool study recognized by the board of trustees of the school district or from a participating entity, as applicable;

      (b) Demonstrate proficiency in the courses of study required for promotion to high school through an examination prescribed by the board of trustees of the school district; or

      (c) Provide other proof satisfactory to the board of trustees of the school district demonstrating competency in the courses of study required for promotion to high school.

      6.  As used in this section, “participating entity” has the meaning ascribed to it in NRS 353B.750.

      (Added to NRS by 1997, 2488; A 2007, 1080, 1964, 3035; 2015, 1843, 2102)

      NRS 392.035  Formula for determining mobility of pupils in school; Department to distribute form for submitting information necessary to formula.

      1.  In determining the mobility of pupils in a school, for any purpose, the Department shall divide the sum of the following numbers by the cumulative enrollment in the school:

      (a) The number of late entries or transfers into a school from another school, school district or state, after the beginning of the school year;

      (b) The number of pupils reentering the school after having withdrawn from the same school; and

      (c) The number of pupils who withdraw for any reason or who are dropped for nonattendance.

      2.  To determine the cumulative enrollment of the school pursuant to subsection 1, the Department shall add the total number of pupils enrolled in programs of instruction in the school who are included in the count for apportionment purposes pursuant to paragraphs (a) to (d), inclusive, (f) and (g) of subsection 1 of NRS 387.123 and the number of pupils included in paragraphs (a) and (b) of subsection 1.

      3.  The Department shall develop and distribute to the county school districts a form upon which the information necessary to the formula may be submitted by the individual schools.

      (Added to NRS by 1995, 1674; A 1999, 3316; 2001, 3163)

ATTENDANCE

Compulsory and Excused Attendance; Retention

      NRS 392.040  Attendance required for child between 7 and 18 years of age; minimum age required for kindergarten and first grade; waiver from attendance available for child 6 years of age; developmental screening test required to determine placement; effect of military transfer of parent of child.

      1.  Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 7 and 18 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides unless the child has graduated from high school.

      2.  A child who is 5 years of age on or before September 30 of a school year may be admitted to kindergarten at the beginning of that school year, and the child’s enrollment must be counted for purposes of apportionment. If a child is not 5 years of age on or before September 30 of a school year, the child must not be admitted to kindergarten.

      3.  Except as otherwise provided in subsection 4, a child who is 6 years of age on or before September 30 of a school year must:

      (a) If the child has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or

      (b) If the child has completed kindergarten, be admitted to the first grade at the beginning of that school year,

Ê and the child’s enrollment must be counted for purposes of apportionment. If a child is not 6 years of age on or before September 30 of a school year, the child must not be admitted to the first grade until the beginning of the school year following the child’s sixth birthday.

      4.  The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before September 30 of a school year may elect for the child not to attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.

      5.  Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send the child to the public school during all the time the school is in session. If the board of trustees of a school district has adopted a policy prescribing a minimum number of days of attendance for pupils enrolled in kindergarten or first grade pursuant to NRS 392.122, the school district shall provide to each parent and legal guardian of a pupil who elects to enroll his or her child in kindergarten or first grade a written document containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade. Before the child’s first day of attendance at a school, the parent or legal guardian shall sign a statement on a form provided by the school district acknowledging that he or she has read and understands the policy concerning attendance and the policy concerning withdrawal of pupils from kindergarten or first grade. The parent or legal guardian shall comply with the applicable requirements for attendance. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.

      6.  A child who is 7 years of age on or before September 30 of a school year must:

      (a) If the child has completed kindergarten and the first grade, be admitted to the second grade.

      (b) If the child has completed kindergarten, be admitted to the first grade.

      (c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the child’s attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, the child must be admitted to the first grade. If the district determines that the child is not so prepared, he or she must be admitted to kindergarten.

Ê The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.

      7.  Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:

      (a) Who is 7 years of age on or before September 30 of the next school year; and

      (b) Whose parents waived the child’s attendance from kindergarten pursuant to subsection 4,

Ê to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.

      8.  Except as otherwise provided in subsection 9, a child who becomes a resident of this State after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade the child was attending or would be attending had he or she remained a resident of the other state regardless of his or her age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.

      9.  Pursuant to the provisions of NRS 388F.010, a child who transfers to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the child must be admitted to:

      (a) The grade, other than kindergarten, the child was attending or would be attending had he or she remained a resident of the other state, regardless of the child’s age.

      (b) Kindergarten, if the child was enrolled in kindergarten in another state in accordance with the laws of that state, regardless of the child’s age.

      10.  As used in this section, “kindergarten” includes:

      (a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060;

      (b) A kindergarten established by the governing body of a charter school; and

      (c) An authorized program of instruction for kindergarten offered in a child’s home pursuant to NRS 388.060.

      [363:32:1956] — (NRS A 1957, 304; 1971, 170; 1975, 49; 1979, 818; 1989, 217; 1997, 1724; 2001, 3163; 2005, 520; 2007, 1080, 2179; 2009, 2620)

      NRS 392.050  Attendance excused for physical or mental condition; excused child with disability qualifies for free appropriate public education.

      1.  A child must be excused from attendance required by the provisions of NRS 392.040 when satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child’s physical or mental condition is such as to prevent or render inadvisable the child’s attendance at school or his or her application to study.

      2.  A certificate in writing from any qualified physician acting within his or her authorized scope of practice, filed with the board of trustees immediately after its receipt, stating that the child is not able to attend school or that the child’s attendance is inadvisable must be taken as satisfactory evidence by the board of trustees.

      3.  A board of trustees of a school district which has excused from attendance pursuant to subsection 1 a child who, pursuant to NRS 388.417, qualifies as a pupil with a disability, shall make available to the child a free appropriate public education in compliance with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.), as that act existed on July 1, 1995.

      [364:32:1956] — (NRS A 1995, 260)

      NRS 392.060  Attendance excused upon completion of 12 grades of elementary and high school.  Attendance required by the provisions of NRS 392.040 shall be excused when satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child has already completed the 12 grades of the elementary and high school courses.

      [365:32:1956]

      NRS 392.070  Attendance excused for children in private school, homeschooled children and opt-in children. [Parts of this section were replaced in revision in 2015 by NRS 392.072 and 392.074.]  Attendance of a child required by the provisions of NRS 392.040 must be excused when:

      1.  The child is enrolled in a private school pursuant to chapter 394 of NRS;

      2.  A parent of the child chooses to provide education to the child and files a notice of intent to homeschool the child with the superintendent of schools of the school district in which the child resides in accordance with NRS 388D.020; or

      3.  The child is an opt-in child and notice of such has been provided to the school district in which the child resides or the charter school in which the child was previously enrolled, as applicable, in accordance with NRS 388D.110.

      [366:32:1956] — (NRS A 1999, 3316; 2003, 2961; 2005, 2825; 2007, 3035; 2015, 1844)

      NRS 392.072  Participation of homeschooled children and opt-in children in programs of special education and related services; regulations.

      1.  The board of trustees of each school district shall provide programs of special education and related services for homeschooled children. The programs of special education and related services required by this section must be made available:

      (a) Only if a child would otherwise be eligible for participation in programs of special education and related services pursuant to NRS 388.417 to 388.469, inclusive, or NRS 388.5251 to 388.5267, inclusive;

      (b) In the same manner that the board of trustees provides, as required by 20 U.S.C. § 1412, for the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians; and

      (c) In accordance with the same requirements set forth in 20 U.S.C. § 1412 which relate to the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians.

      2.  The programs of special education and related services required by subsection 1 may be offered at a public school or another location that is appropriate.

      3.  The board of trustees of a school district may, before providing programs of special education and related services to a homeschooled child or opt-in child pursuant to subsection 1, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      4.  The Department shall adopt such regulations as are necessary for the boards of trustees of school districts to provide the programs of special education and related services required by subsection 1.

      5.  As used in this section, “related services” has the meaning ascribed to it in 20 U.S.C. § 1401.

      [366:32:1956] — (NRS A 1999, 3316; 2003, 2961; 2005, 2825; 2007, 3035; 2015, 1844) — (Substituted in revision for part of NRS 392.070)

      NRS 392.074  Participation of private school children, homeschooled children and opt-in children in classes and extracurricular activities.

      1.  Except as otherwise provided in subsection 1 of NRS 392.072 for programs of special education and related services, upon the request of a parent or legal guardian of a child who is enrolled in a private school or a parent or legal guardian of a homeschooled child or opt-in child, the board of trustees of the school district in which the child resides shall authorize the child to participate in any classes and extracurricular activities, excluding sports, at a public school within the school district if:

      (a) Space for the child in the class or extracurricular activity is available;

      (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the child is qualified to participate in the class or extracurricular activity; and

      (c) If the child is:

             (1) A homeschooled child, a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to NRS 388D.070; or

             (2) An opt-in child, a notice of intent of an opt-in child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to NRS 388D.140.

Ê If the board of trustees of a school district authorizes a child to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the child to attend the class or activity. A homeschooled child or opt-in child must be allowed to participate in interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS and interscholastic activities and events, including sports, pursuant to subsection 3.

      2.  The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 1 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees. If the board of trustees revokes its approval, neither the board of trustees nor the public school is liable for any damages relating to the denial of services to the pupil.

      3.  In addition to those interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS, a homeschooled child or opt-in child must be allowed to participate in interscholastic activities and events, including sports, if a notice of intent of a homeschooled child or opt-in child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to NRS 388D.070 or 388D.140, as applicable. A homeschooled child or opt-in child who participates in interscholastic activities and events at a public school pursuant to this subsection must participate within the school district of the child’s residence through the public school which the child is otherwise zoned to attend. Any rules or regulations that apply to pupils enrolled in public schools who participate in interscholastic activities and events, including sports, apply in the same manner to homeschooled children and opt-in children who participate in interscholastic activities and events, including, without limitation, provisions governing:

      (a) Eligibility and qualifications for participation;

      (b) Fees for participation;

      (c) Insurance;

      (d) Transportation;

      (e) Requirements of physical examination;

      (f) Responsibilities of participants;

      (g) Schedules of events;

      (h) Safety and welfare of participants;

      (i) Eligibility for awards, trophies and medals;

      (j) Conduct of behavior and performance of participants; and

      (k) Disciplinary procedures.

      4.  If a homeschooled child or opt-in child participates in interscholastic activities and events pursuant to subsection 3:

      (a) No challenge may be brought by the Association, a school district, a public school or a private school, a parent or guardian of a pupil enrolled in a public school or a private school, a pupil enrolled in a public school or a private school, or any other entity or person claiming that an interscholastic activity or event is invalid because the homeschooled child or opt-in child is allowed to participate.

      (b) Neither the school district nor a public school may prescribe any regulations, rules, policies, procedures or requirements governing the eligibility or participation of the homeschooled child or opt-in child that are more restrictive than the provisions governing the eligibility and participation of pupils enrolled in public schools.

      5.  The board of trustees of a school district:

      (a) May, before authorizing a homeschooled child or opt-in child to participate in a class or extracurricular activity, excluding sports, pursuant to subsection 1, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      (b) Shall, before allowing a homeschooled child or opt-in child to participate in interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS and interscholastic activities and events pursuant to subsection 3, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      [366:32:1956] — (NRS A 1999, 3316; 2003, 2961; 2005, 2825; 2007, 3035; 2015, 1844) — (Substituted in revision for part of NRS 392.070)

      NRS 392.075  Attendance excused if permission granted to take high school equivalency assessment.  Attendance required by the provisions of NRS 392.040 must be excused if a child has obtained permission to take the high school equivalency assessment pursuant to NRS 390.055.

      (Added to NRS by 2001, 1493; A 2013, 3283)

      NRS 392.080  Attendance excused for distant residence from nearest school.  Attendance required by the provisions of NRS 392.040 shall be excused when the Superintendent of Public Instruction has determined that the child’s residence is located at such distance from the nearest public school as to render attendance unsafe or impractical, and the child’s parent or guardian has notified the board of trustees to that effect in writing.

      [367:32:1956] — (NRS A 1959, 808; 1979, 1613)

      NRS 392.110  Attendance excused for child between 15 and 18 years of age who has completed eighth grade to enter employment or apprenticeship; written permit required.

      1.  Any child between the ages of 15 and 18 years who has completed the work of the first eight grades may be excused from full-time school attendance and may be permitted to enter proper employment or apprenticeship, by the written authority of the board of trustees excusing the child from such attendance. The board’s written authority must state the reason or reasons for such excuse.

      2.  In all such cases, no employer or other person shall employ or contract for the services or time of such child until the child presents a written permit therefor from the attendance officer or board of trustees. The permit must be kept on file by the employer and, upon the termination of employment, must be returned by the employer to the board of trustees or other authority issuing it.

      [370:32:1956] — (NRS A 1957, 304; 1979, 1614; 2007, 1082, 2181; 2011, 649)

      NRS 392.118  Accounting of attendance and tardiness on report cards of pupils.  The board of trustees of each school district shall adopt rules that require each public school in the district to include the accounting of attendance and, if feasible, tardiness of a pupil on each report card or other report of progress of the pupil. The report card or other report of progress must indicate the number of absences, if any, for the period covered by the report card or other report of progress.

      (Added to NRS by 1997, 2834)

      NRS 392.122  Minimum attendance requirements; school district authorized to exempt medical absences from requirements; notice and opportunity for parent to review absences before credit or promotion is denied; information to parents concerning duty to comply.

      1.  The board of trustees of each school district shall prescribe a minimum number of days that a pupil who is subject to compulsory attendance and enrolled in a school in the district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade. The board of trustees of a school district may adopt a policy prescribing a minimum number of days that a pupil who is enrolled in kindergarten or first grade in the school district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade.

      2.  For the purposes of this section, the days on which a pupil is not in attendance because the pupil is absent for up to 10 days within 1 school year with the approval of the teacher or principal of the school pursuant to NRS 392.130, must be credited towards the required days of attendance if the pupil has completed course-work requirements. The teacher or principal of the school may approve the absence of a pupil for deployment activities of the parent or legal guardian of the pupil, as defined in NRS 388F.010. If the board of trustees of a school district has adopted a policy pursuant to subsection 5, the 10-day limitation on absences does not apply to absences that are excused pursuant to that policy.

      3.  Except as otherwise provided in subsection 5, before a pupil is denied credit or promotion to the next higher grade for failure to comply with the attendance requirements prescribed pursuant to subsection 1, the principal of the school in which the pupil is enrolled or the principal’s designee shall provide written notice of the intended denial to the parent or legal guardian of the pupil. The notice must include a statement indicating that the pupil and the pupil’s parent or legal guardian may request a review of the absences of the pupil and a statement of the procedure for requesting such a review. Upon the request for a review by the pupil and the pupil’s parent or legal guardian, the principal or the principal’s designee shall review the reason for each absence of the pupil upon which the intended denial of credit or promotion is based. After the review, the principal or the principal’s designee shall credit towards the required days of attendance each day of absence for which:

      (a) There is evidence or a written affirmation by the parent or legal guardian of the pupil that the pupil was physically or mentally unable to attend school on the day of the absence; and

      (b) The pupil has completed course-work requirements.

      4.  A pupil and the pupil’s parent or legal guardian may appeal a decision of a principal or the principal’s designee pursuant to subsection 3 to the board of trustees of the school district in which the pupil is enrolled.

      5.  The board of trustees of a school district may adopt a policy to exempt pupils who are physically or mentally unable to attend school from the limitations on absences set forth in subsection 1. If a board of trustees adopts a policy pursuant to this subsection:

      (a) A pupil who receives an exemption pursuant to this subsection is not exempt from the minimum number of days of attendance prescribed pursuant to subsection 1.

      (b) The days on which a pupil is physically or mentally unable to attend school must be credited towards the required days of attendance if the pupil has completed course-work requirements.

      (c) The procedure for review of absences set forth in subsection 3 does not apply to days on which the pupil is absent because the pupil is physically or mentally unable to attend school.

      6.  A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.

      (Added to NRS by 1997, 2488; A 1999, 3454; 2003, 1341; 2005, 94, 521; 2009, 2622)

      NRS 392.123  Written statement verifying pupil’s compliance with minimum attendance requirements or determination of existence of hardship and best interests of pupil or pupil’s family; submission of written statement or determination with application for driver’s license; boards of trustees to prescribe standard form.

      1.  The principal of a public school or a designee of the principal shall, upon written request by a pupil who is between the ages of 14 and 18 years and who is enrolled in the school, provide the pupil a written statement signed by the principal or the designee:

      (a) Verifying that the pupil has complied with the minimum attendance requirements established by the board of trustees of the school district pursuant to NRS 392.122; or

      (b) If the pupil does not satisfy the requirements of paragraph (a), indicating that the principal or the designee has determined that a hardship exists and it would be in the best interests of the pupil or his or her family for the pupil to be allowed to drive if the pupil otherwise satisfies the requirements of NRS 483.2521, 483.267 or 483.270, as applicable.

      2.  The principal of a public school or a designee of the principal shall not provide a written statement pursuant to subsection 1 unless the pupil satisfies the requirements of paragraph (a) of subsection 1 or the principal determines a hardship exists pursuant to paragraph (b) of subsection 1.

      3.  The written statement provided to the pupil pursuant to subsection 1 may be used for the purposes of submitting materials that must accompany an application for a driver’s license pursuant to NRS 483.2521 or an application for a restricted license pursuant to NRS 483.267 and 483.270.

      4.  The board of trustees of each school district shall prescribe a standard form for use by the principals employed by the school district and their designees pursuant to this section.

      (Added to NRS by 2013, 2458)

      NRS 392.125  Retention of pupil in same grade: Requirements; limitation; exception for charter schools. [Effective through June 30, 2019.]

      1.  Except as otherwise provided in subsection 4, before any pupil enrolled in a public school may be retained in the same grade rather than promoted to the next higher grade for the succeeding school year, the pupil’s teacher and principal must make a reasonable effort to arrange a meeting and to meet with the pupil’s parents or guardian to discuss the reasons and circumstances.

      2.  The teacher and the principal in joint agreement have the final authority to retain a pupil in the same grade for the succeeding school year.

      3.  Except as otherwise provided in subsection 2 of NRS 392.033 for the promotion of a pupil to high school, no pupil may be retained more than one time in the same grade.

      4.  This section does not apply to the academic retention of pupils who are enrolled in a charter school.

      (Added to NRS by 1979, 818; A 1981, 871; 1997, 1873; 2003, 2519)

      NRS 392.125  Retention of pupil in same grade: Requirements; limitation; exception for charter schools. [Effective July 1, 2019.]

      1.  Except as otherwise provided in subsection 4, before any pupil enrolled in a public school may be retained in the same grade rather than promoted to the next higher grade for the succeeding school year, the pupil’s teacher and principal must make a reasonable effort to arrange a meeting and to meet with the pupil’s parents or guardian to discuss the reasons and circumstances.

      2.  Except as otherwise provided in NRS 392.760, the teacher and the principal in joint agreement have the final authority to retain a pupil in the same grade for the succeeding school year.

      3.  Except as otherwise provided in subsection 2 of NRS 392.033 for the promotion of a pupil to high school, no pupil may be retained more than one time in the same grade.

      4.  Except as otherwise provided in NRS 388A.487, this section does not apply to the academic retention of pupils who are enrolled in a charter school.

      (Added to NRS by 1979, 818; A 1981, 871; 1997, 1873; 2003, 2519; 2015, 1866, effective July 1, 2019)

Advisory Boards to Review School Attendance; Absence and Truancy; Administrative Sanctions

      NRS 392.126  Creation of advisory board in each county; membership; terms; compensation.

      1.  There is hereby created in each county at least one advisory board to review school attendance. The membership of each such board may consist of:

      (a) One probation officer in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;

      (b) One representative of a law enforcement agency in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;

      (c) One representative of the district attorney for the county, appointed by the district attorney;

      (d) One parent or legal guardian of a pupil who is enrolled in a public school in the county, or his or her designee or alternate who is also a parent or legal guardian, appointed by the president of the board of trustees of the school district;

      (e) One member of the board of trustees of the school district, appointed by the president of the board of trustees;

      (f) One school counselor or school teacher employed by the school district, appointed by an organization or association that represents licensed educational personnel in the school district;

      (g) One deputy sheriff in the county, appointed by the sheriff of the county; and

      (h) One representative of the agency which provides child welfare services, as defined in NRS 432B.030.

      2.  The members of each such board shall elect a chair from among their membership.

      3.  Each member of such a board must be appointed for a term of 2 years. A vacancy in the membership of the board must be filled in the same manner as the original appointment for the remainder of the unexpired term.

      4.  Each member of such a board serves without compensation, except that, for each day or portion of a day during which a member of the board attends a meeting of the board or is otherwise engaged in the business of the board, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The board of trustees of the school district shall pay the per diem allowance and travel expenses from the general fund of the school district.

      (Added to NRS by 1997, 2834; A 1999, 3455; 2001 Special Session, 21)

      NRS 392.127  Administrative support to advisory boards.  The board of trustees of each school district shall provide administrative support to each advisory board to review school attendance created in its county pursuant to NRS 392.126.

      (Added to NRS by 1997, 2834; A 1999, 3455; 2007, 1816; 2013, 2040)

      NRS 392.128  Duties of advisory boards; division into subcommittees; provision of assistance in conjunction with community service providers; use and accounting of available money by advisory board. [Effective through June 30, 2016.]

      1.  Each advisory board to review school attendance created pursuant to NRS 392.126 shall:

      (a) Review the records of the attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district or the State Public Charter School Authority or a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 2 of NRS 385A.240;

      (b) Identify factors that contribute to the truancy of pupils in the school district;

      (c) Establish programs to reduce the truancy of pupils in the school district, including, without limitation, the coordination of services available in the community to assist with the intervention, diversion and discipline of pupils who are truant;

      (d) At least annually, evaluate the effectiveness of those programs;

      (e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants; and

      (f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedures adopted pursuant to the provisions of this section.

      2.  The chair of an advisory board may divide the advisory board into subcommittees. The advisory board may delegate one or more of the duties of the advisory board to a subcommittee of the advisory board, including, without limitation, holding hearings pursuant to NRS 392.147. If the chair of an advisory board divides the advisory board into subcommittees, the chair shall notify the board of trustees of the school district of this action. Upon receipt of such a notice, the board of trustees shall establish rules and procedures for each such subcommittee. A subcommittee shall abide by the applicable rules and procedures when it takes action or makes decisions.

      3.  An advisory board to review school attendance may work with a family resource center or other provider of community services to provide assistance to pupils who are truant. The advisory board shall identify areas within the school district in which community services are not available to assist pupils who are truant. As used in this subsection, “family resource center” has the meaning ascribed to it in NRS 430A.040.

      4.  An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the Legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district. The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the truancy of pupils in the school district.

      (Added to NRS by 1997, 2835; A 1999, 2670, 3455; 2001, 248; 2003, 19th Special Session, 79; 2007, 1817; 2011, 2377)

      NRS 392.128  Duties of advisory boards; division into subcommittees; provision of assistance in conjunction with community service providers; use and accounting of available money by advisory board. [Effective July 1, 2016.]

      1.  Each advisory board to review school attendance created pursuant to NRS 392.126 shall:

      (a) Review the records of the attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district or the State Public Charter School Authority, the Achievement School District or a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 2 of NRS 385A.240;

      (b) Identify factors that contribute to the truancy of pupils in the school district;

      (c) Establish programs to reduce the truancy of pupils in the school district, including, without limitation, the coordination of services available in the community to assist with the intervention, diversion and discipline of pupils who are truant;

      (d) At least annually, evaluate the effectiveness of those programs;

      (e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants; and

      (f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedures adopted pursuant to the provisions of this section.

      2.  The chair of an advisory board may divide the advisory board into subcommittees. The advisory board may delegate one or more of the duties of the advisory board to a subcommittee of the advisory board, including, without limitation, holding hearings pursuant to NRS 392.147. If the chair of an advisory board divides the advisory board into subcommittees, the chair shall notify the board of trustees of the school district of this action. Upon receipt of such a notice, the board of trustees shall establish rules and procedures for each such subcommittee. A subcommittee shall abide by the applicable rules and procedures when it takes action or makes decisions.

      3.  An advisory board to review school attendance may work with a family resource center or other provider of community services to provide assistance to pupils who are truant. The advisory board shall identify areas within the school district in which community services are not available to assist pupils who are truant. As used in this subsection, “family resource center” has the meaning ascribed to it in NRS 430A.040.

      4.  An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the Legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district. The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the truancy of pupils in the school district.

      (Added to NRS by 1997, 2835; A 1999, 2670, 3455; 2001, 248; 2003, 19th Special Session, 79; 2007, 1817; 2011, 2377; 2015, 3814, effective July 1, 2016)

      NRS 392.130  Conditions under which pupil deemed truant; approval required for absence; notice of unapproved absence to parent; applicability.

      1.  Within the meaning of this chapter, a pupil shall be deemed a truant who is absent from school without the written approval of the pupil’s teacher or the principal of the school, unless the pupil is physically or mentally unable to attend school. The teacher or principal shall give his or her written approval for a pupil to be absent if an emergency exists or upon the request of a parent or legal guardian of the pupil. Before a pupil may attend or otherwise participate in school activities outside the classroom during regular classroom hours, the pupil must receive the approval of the teacher or principal.

      2.  An unapproved absence for at least one period, or the equivalent of one period for the school, of a school day may be deemed a truancy for the purposes of this section.

      3.  If a pupil is physically or mentally unable to attend school, the parent or legal guardian or other person having control or charge of the pupil shall notify the teacher or principal of the school orally or in writing, in accordance with the policy established by the board of trustees of the school district, within 3 days after the pupil returns to school.

      4.  An absence which has not been approved pursuant to subsection 1 or 3 shall be deemed an unapproved absence. In the event of an unapproved absence, the teacher, attendance officer or other school official shall deliver or cause to be delivered a written notice of truancy to the parent, legal guardian or other person having control or charge of the child. The written notice must be delivered to the parent, legal guardian or other person who has control of the child. The written notice must inform the parents or legal guardian of such absences in a form specified by the Department.

      5.  The provisions of this section apply to all pupils who are required to attend school pursuant to NRS 392.040.

      6.  As used in this section, “physically or mentally unable to attend” does not include a physical or mental condition for which a pupil is excused pursuant to NRS 392.050.

      [372:32:1956] — (NRS A 1985, 2168; 1987, 158; 1997, 2835; 1999, 3456; 2007, 1082, 2181)

      NRS 392.140  Conditions under which pupil declared habitual truant; applicability.

      1.  Any child who has been declared a truant three or more times within one school year must be declared a habitual truant.

      2.  Any child who has once been declared a habitual truant and who in an immediately succeeding year is absent from school without the written:

      (a) Approval of the child’s teacher or the principal of the school pursuant to subsection 1 of NRS 392.130; or

      (b) Notice of his or her parent or legal guardian or other person who has control or charge over the pupil pursuant to subsection 3 of NRS 392.130,

Ê may again be declared a habitual truant.

      3.  The provisions of this section apply to all pupils who are required to attend school pursuant to NRS 392.040.

      [373:32:1956] — (NRS A 1997, 2836; 1999, 3457; 2007, 1083, 2182)

      NRS 392.141  Applicability of provisions to pupils.  The provisions of NRS 392.144 to 392.148, inclusive, apply to all pupils who are required to attend school pursuant to NRS 392.040.

      (Added to NRS by 1999, 3452; A 2007, 1083, 2182; 2013, 2459)

      NRS 392.144  Duties of school if pupil is truant; habitual truant must be reported to attendance officer or law enforcement, referred to advisory board or referred for imposition of administrative sanctions.

      1.  If a pupil has one or more unapproved absences from school, the school in which the pupil is enrolled shall take reasonable actions designed, as applicable, to encourage, enable or convince the pupil to attend school.

      2.  If a pupil is a habitual truant pursuant to NRS 392.140, or if a pupil who is a habitual truant pursuant to NRS 392.140 is again declared truant pursuant to NRS 392.130 in the same school year after being declared a habitual truant, the principal of the school shall:

      (a) Report the pupil to an attendance officer, a school police officer or the local law enforcement agency for investigation and issuance of a citation, if warranted, in accordance with NRS 392.149;

      (b) If the parent or legal guardian of a pupil has signed a written consent pursuant to subsection 4, submit a written referral of the pupil to the advisory board to review school attendance in the county in accordance with NRS 392.146; or

      (c) Refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148.

      3.  The board of trustees of each school district shall adopt criteria to determine whether the principal of a school shall:

      (a) Report a pupil to an attendance officer, a school police officer or the law enforcement agency pursuant to paragraph (a) of subsection 2;

      (b) Refer a pupil to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2; or

      (c) Refer a pupil for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2.

      4.  If the principal of a school makes an initial determination to submit a written referral of a pupil to the advisory board to review school attendance, the principal shall notify the parent or legal guardian of the pupil and request the parent or legal guardian to sign a written consent that authorizes the school and, if applicable, the school district to release the records of the pupil to the advisory board to the extent that such release is necessary for the advisory board to carry out its duties pursuant to NRS 392.146 and 392.147. The written consent must comply with the applicable requirements of 20 U.S.C. § 1232g(b) and 34 C.F.R. Part 99. If the parent or legal guardian refuses to sign the consent, the principal shall:

      (a) Report the pupil to an attendance officer, a school police officer or the local law enforcement agency pursuant to paragraph (a) of subsection 2; or

      (b) Refer the pupil for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2.

      (Added to NRS by 1999, 3452; A 2013, 1699, 2460)

      NRS 392.146  Contents of written referral to advisory board; notice to parents or guardian.  A written referral of a pupil to an advisory board to review school attendance must include the dates on which the pupil was truant from school and all action taken by the school to assist the pupil to attend school. The advisory board may request clarification of any information contained in the written referral or any additional information that the advisory board considers necessary. The school shall provide written notice of the referral to the parents or legal guardian of the pupil. The written notice must include, without limitation:

      1.  The name and address of the pupil referred;

      2.  A written explanation of the reason for the referral;

      3.  A summary of the provisions of NRS 392.147; and

      4.  The address and telephone number of the advisory board to review school attendance.

      (Added to NRS by 1999, 3452)

      NRS 392.147  Hearing by advisory board; written agreement for participation of pupil in certain programs; reporting of pupil to attendance officer or law enforcement agency or referral for administrative sanctions under certain circumstances; appeal by parent; confidentiality of information.

      1.  If an advisory board to review school attendance receives a written referral of a pupil pursuant to NRS 392.146, the advisory board shall set a date, time and place for a hearing. The pupil and the pupil’s parents or legal guardian shall attend the hearing held by the advisory board. The hearing must be closed to the public. The chair of an advisory board to review school attendance may request that subpoenas for a hearing conducted pursuant to this section be issued to:

      (a) The parent or legal guardian of a pupil who has been referred to the advisory board or any other person that the advisory board considers necessary to the hearing.

      (b) A pupil who has been referred to the advisory board.

      2.  If a pupil and the pupil’s parents or legal guardian do not attend the hearing, the chair of the advisory board shall:

      (a) Report the pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149; or

      (b) Refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148.

      3.  If an advisory board to review school attendance determines that the status of a pupil as a habitual truant can be adequately addressed through participation by the pupil in programs and services available in the community, the advisory board shall order the pupil to participate in such programs and services. If the pupil does not agree to participate in such programs and services, the chair of the advisory board shall report the pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149, or refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148. If the pupil agrees to participate in such programs and services, the advisory board, the pupil and the parents or legal guardian of the pupil shall enter into a written agreement that:

      (a) Sets forth the findings of the advisory board;

      (b) Sets forth the terms and conditions of the pupil’s participation in the programs and services designated by the advisory board; and

      (c) Adequately informs the pupil and the pupil’s parents or legal guardian that if the pupil or his or her parents or legal guardian do not comply with the terms of the written agreement, the chair of the advisory board is legally obligated to report the pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149, or refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148.

Ê The parents or legal guardian of the pupil shall, upon the request of the advisory board, provide proof satisfactory to the advisory board that the pupil is participating in the programs and services set forth in the written agreement.

      4.  The chair of an advisory board to review school attendance shall report a pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency or refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148 if:

      (a) The pupil and the pupil’s parents or legal guardian fail to attend a hearing set by the advisory board pursuant to subsection 1;

      (b) The advisory board determines that the status of a pupil as a habitual truant cannot be adequately addressed by requiring the pupil to participate in programs and services available in the community;

      (c) The pupil does not consent to participation in programs and services pursuant to subsection 3; or

      (d) The pupil or the pupil’s parents or legal guardian violates the terms of the written agreement entered into pursuant to subsection 3.

      5.  If the chair of an advisory board makes a report to an attendance officer, a school police officer or the local law enforcement agency pursuant to subsection 4, the chair shall:

      (a) Submit to the attendance officer, school police officer or law enforcement agency, as applicable, written documentation of all efforts made by the advisory board to address the status of the pupil as a habitual truant; and

      (b) Make recommendations to the attendance officer, school police officer or law enforcement agency, as applicable, regarding the appropriate disposition of the case.

      6.  If the chair of an advisory board refers a pupil for the imposition of administrative sanctions pursuant to subsection 4, the chair shall:

      (a) Provide written documentation of all efforts made by the advisory board to address the status of the pupil as a habitual truant; and

      (b) Make recommendations regarding the appropriate disposition of the case.

      7.  If the parents or legal guardian of a pupil enter into a written agreement pursuant to this section, the parents or legal guardian may appeal to the board of trustees of the school district a determination made by the advisory board concerning the contents of the written agreement. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.

      8.  The board of trustees of each school district shall adopt policies and rules to protect the confidentiality of the deliberations, findings and determinations made by an advisory board and information concerning a pupil and the family of a pupil. An advisory board shall not disclose information concerning the records of a pupil or services provided to a pupil or the pupil’s family unless the disclosure is specifically authorized by statute or by the policies and rules of the board of trustees and is necessary for the advisory board to carry out its duties.

      (Added to NRS by 1999, 3453; A 2013, 1700, 2460)

      NRS 392.148  Administrative sanctions against habitual truant after investigation and hearing; suspension or delay in issuance of driver’s license; appeal by parent or guardian.

      1.  Upon receipt of a report pursuant to NRS 392.144 or 392.147, a school police officer or a person designated pursuant to subsection 6 shall conduct an investigation, set a date for a hearing and provide a written notice of the hearing to the parent or legal guardian of the pupil. If it appears after investigation and a hearing that a pupil is a habitual truant, a school police officer or a person designated pursuant to subsection 6 may issue an order imposing the following administrative sanctions against a pupil:

      (a) If it is the first time that administrative sanctions have been issued pursuant to this section because the pupil is a habitual truant, and the pupil is 14 years of age or older, order the suspension of the driver’s license of the pupil for at least 30 days but not more than 6 months. If the pupil does not possess a driver’s license, the order must provide that the pupil is prohibited from applying for a driver’s license for 30 days:

             (1) Immediately following the date of the order if the pupil is eligible to apply for a driver’s license; or

             (2) After the date the pupil becomes eligible to apply for a driver’s license if the pupil is not eligible to apply for a driver’s license.

      (b) If it is the second time or any subsequent time that administrative sanctions have been issued pursuant to this section because the pupil is a habitual truant, and the pupil is 14 years of age or older, order the suspension of the driver’s license of the pupil for at least 60 days but not more than 1 year. If the pupil does not possess a driver’s license, the order must provide that the pupil is prohibited from applying for a driver’s license for 60 days immediately following:

             (1) The date of the order if the pupil is eligible to apply for a driver’s license; or

             (2) The date the pupil becomes eligible to apply for a driver’s license if the pupil is not eligible to apply for a driver’s license.

      2.  If a pupil applies for a driver’s license, the Department of Motor Vehicles shall:

      (a) Notify the pupil of the provisions of this section that authorize the suspension of the driver’s license of the pupil; and

      (b) Require the pupil to sign an affidavit acknowledging that the pupil is aware that his or her driver’s license may be suspended pursuant to this section.

      3.  If an order is issued pursuant to this section delaying the ability of the pupil to receive a driver’s license, a copy of the order must be forwarded to the Department of Motor Vehicles not later than 5 days after the order is issued.

      4.  If an order is issued pursuant to this section suspending the driver’s license of a pupil:

      (a) The pupil shall surrender his or her driver’s license to the school police officer or the person designated pursuant to subsection 6.

      (b) Not later than 5 days after issuing the order, the school police officer or the designated person shall forward to the Department of Motor Vehicles a copy of the order and the driver’s license of the pupil.

      (c) The Department of Motor Vehicles:

             (1) Shall report the suspension of the driver’s license of the pupil to an insurance company or its agent inquiring about the pupil’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.

             (2) Shall not treat the suspension in the manner statutorily required for moving traffic violations.

             (3) Shall not require the pupil to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after the suspension of a driver’s license.

      5.  The parent or legal guardian of a pupil may request a hearing before a person designated by the board of trustees of the school district in which the pupil is enrolled to appeal the imposition of any administrative sanctions pursuant to this section. The person designated by the board of trustees shall, not later than 30 days after receipt of the request, hold a hearing to review the reason for the imposition of any administrative sanctions. Not later than 30 days after the hearing, the person designated by the board of trustees shall issue a written decision affirming, denying or modifying the decision to impose administrative sanctions and mail a copy of the decision to the parent or legal guardian of the pupil.

      6.  If a public school does not have a school police officer assigned to it, the principal of the school may designate a qualified person to carry out the requirements of this section.

      (Added to NRS by 2013, 2458)

      NRS 392.149  Issuance of citation to habitual truant; applicability.

      1.  Upon receipt of a report pursuant to NRS 392.144 or 392.147, if it appears after investigation that a pupil is a habitual truant, the attendance officer, school police officer or law enforcement agency to whom the report is made shall prepare manually or electronically a citation directing the pupil to appear in the proper juvenile court.

      2.  A copy of the citation must be delivered to the pupil and to the parent, guardian or any other person who has control or charge of the pupil by:

      (a) The local law enforcement agency;

      (b) A school police officer employed by the board of trustees of the school district; or

      (c) An attendance officer appointed by the board of trustees of the school district.

      3.  The citation must be in the form prescribed for misdemeanor citations in NRS 171.1773.

      4.  The provisions of this section apply to all pupils who are required to attend school pursuant to NRS 392.040.

      (Added to NRS by 1997, 2835; A 1999, 1144, 3457; 2007, 1083, 2182; 2013, 1701)

      NRS 392.150  Appointment of attendance officer authorized; procedures to monitor attendance and truancy; consideration of employment of attendance clerk.

      1.  The board of trustees of a school district may appoint an attendance officer for the school district, who need not be a licensed employee of the school district, except that in any school district where a system of classified employment is in effect, attendance officers must be classified employees of the school district. If the board of trustees appoints an attendance officer for the school district, the board of trustees may:

      (a) Fix the compensation of the attendance officer;

      (b) Prescribe the duties of the attendance officer; and

      (c) Adopt regulations not inconsistent with law for the performance of the duties of the attendance officer.

      2.  The board of trustees of each school district shall:

      (a) Establish procedures to monitor the attendance and truancy of pupils, including, without limitation, a standard method for reporting the truancy of pupils and a standard method for reporting excessive absences of pupils throughout the school district;

      (b) Coordinate efforts to refer pupils who are truant to appropriate providers of community services; and

      (c) Determine, based on the attendance and truancy of pupils at each school within the school district, whether to employ an attendance clerk for a particular school or group of schools whose primary responsibility is to monitor the attendance and truancy of pupils.

      [374:32:1956] — (NRS A 1959, 595; 1973, 719; 1987, 1013; 2007, 1817)

      NRS 392.160  Taking into custody child reported absent from school; persons or counseling agency to whom child may be delivered.

      1.  Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant:

      (a) Any child between the ages of 7 and 18 years; and

      (b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a public school,

Ê who has been reported to the officer by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which the child is lawfully required to attend.

      2.  Except as otherwise provided in subsection 3:

      (a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent of schools, principal or other school officer at the child’s school of attendance.

      (b) After school hours, the officer having custody shall deliver the child to the parent, guardian or other person having control or charge of the child.

      3.  The board of trustees of a school district or the governing body of a charter school may enter into an agreement with a counseling agency to permit delivery of the child to the agency. For the purposes of this subsection, “counseling agency” means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or other person having control or charge of the child.

      [375:32:1956] — (NRS A 1957, 305; 1979, 819, 1614; 1989, 70; 1997, 1874; 1999, 3458; 2007, 1084, 2183)

Birth Certificates and Records of Attendance; Name for Enrollment

      NRS 392.165  Documents required for permanent enrollment; name under which child must be enrolled; notification to local law enforcement agency for failure to furnish documents.

      1.  The board of trustees of a school district and the governing body of a charter school shall not allow a child to be permanently enrolled in any school in the district or any charter school until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the child’s identity and, if applicable, a copy of the child’s records from the school the child most recently attended.

      2.  Except as otherwise provided in subsection 3, a child must be enrolled in a school under the child’s name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the board of trustees of the school district or the governing body of a charter school to enroll the child under a name other than the name which appears in the identifying document or records.

      3.  A child who is in the custody of the agency which provides child welfare services, as defined in NRS 432B.030, may be enrolled in a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.

      4.  If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally enrolled, the principal, superintendent or governing body of a charter school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.

      (Added to NRS by 1985, 2168; A 1987, 212; 1993, 2691; 1997, 1874; 2001 Special Session, 21)

      NRS 392.167  Petition for court order permitting enrollment of child under name other than name appearing on birth certificate or other identifying document.  A parent or guardian who has legal custody of a child may petition the appropriate district court for an order directing the board of trustees of a school district or the governing body of a charter school to enroll that child in a public school within that district under a name other than the name which appears in the identifying document or records required by subsection 1 of NRS 392.165. Except as otherwise provided by specific statute, the court shall issue the order if it determines that to do so would be in the best interests of the child.

      (Added to NRS by 1987, 212; A 1993, 2307; 1997, 1875)

Enforcement and Penalties

      NRS 392.170  Investigation of charges against parent, guardian or custodian of child; written report.  Upon the written complaint of any person, the board of trustees of a school district or the governing body of a charter school shall:

      1.  Make a full and impartial investigation of all charges against parents, guardians or other persons having control or charge of any child who is under 18 years of age and required to attend school pursuant to NRS 392.040 for violation of any of the provisions of NRS 392.040 to 392.110, inclusive, or 392.130 to 392.160, inclusive.

      2.  Make and file a written report of the investigation and the findings thereof in the records of the board.

      [376:32:1956] — (NRS A 1997, 1875, 2836; 1999, 490; 2007, 1084, 2183)

      NRS 392.180  Criminal complaint by board of trustees of school district or governing body of charter school.  If it appears upon investigation that any parent, guardian or other person having control or charge of any child who is under 18 years of age and required to attend school pursuant to NRS 392.040 has violated any of the provisions of NRS 392.040 to 392.110, inclusive, or 392.130 to 392.160, inclusive, the clerk of the board of trustees or the governing body of a charter school in which the child is enrolled, except as otherwise provided in NRS 392.190, shall make and file in the proper court a criminal complaint against the parent, guardian or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority.

      [377:32:1956] — (NRS A 1997, 1875, 2836; 1999, 490; 2007, 1084, 2183)

      NRS 392.190  Criminal complaint by attendance officer.  In a school district having an attendance officer, the attendance officer shall, if directed by the board of trustees, make and file the complaint provided for by NRS 392.180, and shall see that the charge is prosecuted by the proper authorities.

      [378:32:1956]

      NRS 392.200  Criminal complaint by taxpayer, school administrator or school officer.  Any taxpayer, school administrator, school officer or deputy school officer in the State of Nevada may make and file in the proper court a criminal complaint against a parent, guardian or other person who has control or charge of any child who is under 18 years of age and required to attend school pursuant to NRS 392.040 and who violates any of the provisions of law requiring the attendance of children in the public schools of this State.

      [379:32:1956] — (NRS A 1997, 2837; 2007, 1085, 2183)

      NRS 392.210  Penalty for failure of parent, guardian or custodian of child to prevent subsequent truancy; limitation for providers of foster care.

      1.  Except as otherwise provided in subsection 2, a parent, guardian or other person who has control or charge of any child and to whom notice has been given of the child’s truancy as provided in NRS 392.130 and 392.140, and who fails to prevent the child’s subsequent truancy within that school year, is guilty of a misdemeanor.

      2.  A person who is licensed pursuant to NRS 424.030 to conduct a foster home is liable pursuant to subsection 1 for a child in his or her foster care only if the person has received notice of the truancy of the child as provided in NRS 392.130 and 392.140, and negligently fails to prevent the subsequent truancy of the child within that school year.

      [380:32:1956] — (NRS A 1967, 565; 1999, 898; 2001 Special Session, 22; 2009, 1491; 2013, 1455)

      NRS 392.215  False statement concerning age or attendance; false birth certificate or record of attendance; refusal to furnish documents; penalty.  Any parent, guardian or other person who, with intent to deceive under NRS 392.040 to 392.110, inclusive, or 392.130 to 392.165, inclusive:

      1.  Makes a false statement concerning the age or attendance at school;

      2.  Presents a false birth certificate or record of attendance at school; or

      3.  Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4 of NRS 392.165,

Ê of a child under 18 years of age who is under his or her control or charge, is guilty of a misdemeanor.

      [371:32:1956] — (NRS A 1957, 304; 1967, 565; 1985, 2168; 1987, 213; 2007, 1085, 2184)

      NRS 392.220  Penalty for abetting truancy; unlawful employment of child absent from school; visitation of place of employment by school officer or attendance clerk to verify compliance.

      1.  Any person, including, without limitation, a parent or legal guardian of a child, who knowingly induces or attempts to induce any child to be absent from school unlawfully, including, without limitation, requiring the child to provide care for a sibling while school is in session, or who knowingly employs or harbors, while school is in session, any child absent unlawfully from school, is guilty of a misdemeanor.

      2.  The attendance officer for the school district, an attendance clerk or any other school officer is empowered to visit any place or establishment where minor children are employed to ascertain whether the provisions of this title of NRS are complied with fully, and may demand from all employers of such children a list of children employed, with their names and ages.

      [381:32:1956] — (NRS A 1967, 565; 2007, 1818)

CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT FOR SEXUAL OFFENSE OR SEXUALLY MOTIVATED ACT

      NRS 392.251  Definitions.  As used in NRS 392.251 to 392.271, inclusive, unless the context otherwise requires, the words and terms defined in NRS 392.254 to 392.261, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 426; A 2001, 2070)

      NRS 392.254  “Notification” defined.  “Notification” means a notification which indicates that a child has been adjudicated delinquent for a sexual offense or a sexually motivated act and which is provided by a probation officer or parole officer pursuant to NRS 62F.120.

      (Added to NRS by 1997, 426; A 2001, 2070; 2003, 1146)

      NRS 392.258  “Offender” defined.  “Offender” means a child identified in a notification as the child who has been adjudicated delinquent for a sexual offense or a sexually motivated act.

      (Added to NRS by 1997, 426; A 2001, 2070)

      NRS 392.2583  “Sexual offense” defined.  “Sexual offense” has the meaning ascribed to it in NRS 62F.100.

      (Added to NRS by 2001, 2070; A 2003, 1146)

      NRS 392.2587  “Sexually motivated act” defined.  “Sexually motivated act” has the meaning ascribed to it in NRS 62A.320.

      (Added to NRS by 2001, 2070; A 2003, 1146)

      NRS 392.261  “Victim” defined.  “Victim” means a child identified in a notification as a victim of a sexual offense or a sexually motivated act committed by the offender.

      (Added to NRS by 1997, 427; A 2001, 2070)

      NRS 392.264  Offender prohibited from attending school victim attends without court approval; duty of superintendent of school district to negotiate agreement for attendance in another school district; termination of agreement.

      1.  If a superintendent of a school district receives notification and a victim identified in the notification is a pupil in the school district, the superintendent shall not permit an offender who is subject to the provisions of NRS 62F.100 to 62F.150, inclusive, to attend a public school that a victim is attending unless:

      (a) An alternative plan of supervision is approved by the court pursuant to NRS 62F.130; or

      (b) An alternative plan of attendance is approved by the court pursuant to NRS 62F.140.

      2.  If the court does not approve an alternative plan of supervision or an alternative plan of attendance for the offender and the school district in which the offender resides does not have another public school in the district for the offender to attend, the superintendent of the school district shall negotiate an agreement with:

      (a) The superintendent of an adjoining school district within this state for the offender to attend a public school in that adjoining school district; or

      (b) The superintendent, or another appropriate administrator, of an adjoining school district in an adjoining state for the offender to attend a public school in that adjoining school district.

      3.  The superintendent of the school district in which the offender resides shall inform the person with whom the superintendent is negotiating that the offender has been adjudicated delinquent for a sexual offense or a sexually motivated act, but the superintendent shall not disclose the name of a victim.

      4.  An agreement which is made pursuant to this section and which is presented to a board of trustees for approval:

      (a) Must not contain the name of a victim;

      (b) Must comply with the provisions of subsections 2 and 3 of NRS 392.010; and

      (c) Must be approved by the Superintendent of Public Instruction.

      5.  A board of trustees may terminate an agreement entered into pursuant to this section if, because of a change in circumstances, the offender is able to attend a public school in the school district in which the offender resides without violating subsection 1.

      (Added to NRS by 1997, 427; A 2001, 2070; 2003, 1146)

      NRS 392.268  Reimbursement to school district for transportation costs incurred to send offender to school other than school victim attends.  If a school district incurs additional costs for transporting an offender because the offender is prohibited from attending a public school that a victim is attending, the school district is entitled to reimbursement of all or part of those costs from the parents or guardians of the offender to the extent ordered by the court pursuant to NRS 62F.110. The superintendent of the school district or the parents or guardians of the offender may petition the court to reconsider the amount of reimbursement ordered by the court.

      (Added to NRS by 1997, 427; A 2003, 1147)

      NRS 392.271  Confidentiality of name of victim; immunity from liability if name released under certain circumstances.

      1.  A superintendent of a school district who receives notification shall not release the name of the offender or the name of a victim to another person unless required by law or authorized by an order of the court.

      2.  A person who obtains the name of the offender or the name of a victim pursuant to law or an order of the court shall not release the name of the offender or the name of a victim to another person unless required by law or authorized by an order of the court.

      3.  A superintendent of a school district or a person who:

      (a) Obtains the name of the offender or the name of a victim pursuant to law or an order of the court; and

      (b) In good faith, releases or fails to release the name of the offender or the name of a victim,

Ê is immune from criminal or civil liability for releasing or failing to release the name of the offender or the name of a victim unless the superintendent or the person acted with gross negligence.

      (Added to NRS by 1997, 427)

TRANSPORTATION

      NRS 392.300  Transportation for pupils may be furnished by trustees; regulations.  [Replaced in revision by NRS 386.790.]

 

      NRS 392.320  Use of certain money for procuring vehicles, drivers and insurance.  [Replaced in revision by NRS 386.795.]

 

      NRS 392.330  Transportation by common and private carrier; purchase of bus tickets for certain pupils; contracts and insurance.  [Replaced in revision by NRS 386.800.]

 

      NRS 392.340  No admission of liability for injury or death.  [Replaced in revision by NRS 386.805.]

 

      NRS 392.350  Payment to parents or guardian in lieu of furnishing transportation; conditions.  [Replaced in revision by NRS 386.810.]

 

      NRS 392.360  Transportation of children to and from activities and programs; use and supervision of vehicles; qualifications and restrictions for drivers.  [Replaced in revision by NRS 386.815.]

 

      NRS 392.375  School bus transportation: Drills to practice evacuation; adoption and requirements of safety program; information to parents and guardians concerning school bus safety; regulations.  [Replaced in revision by NRS 386.820.]

 

      NRS 392.380  Drivers: Qualifications; training course; annual test; employment of pupils.  [Replaced in revision by NRS 386.825.]

 

      NRS 392.400  Condition, equipment and specifications of vehicle used for transportation of pupils; inspection; exemption; penalties.  [Replaced in revision by NRS 386.830.]

 

      NRS 392.405  Standards for new school buses purchased by school district on and after January 1, 2016.  [Replaced in revision by NRS 386.835.]

 

      NRS 392.410  Equipment and identification of school bus; use of system of flashing red lights; compliance with standards; inspection; penalties.  [Replaced in revision by NRS 386.840.]

 

HEALTH AND SAFETY

      NRS 392.415  Authorization to establish policy of uniforms for pupils and dress code for educational personnel; financial assistance for pupils to purchase uniforms.  [Replaced in revision by NRS 386.855.]

 

      NRS 392.420  Physical examinations of pupils; qualifications of persons to conduct examinations; notice to parent of certain medical conditions; notice to parent of examination and opportunity for exemption; report of results to Chief Medical Officer.

      1.  In each school at which a school nurse is responsible for providing nursing services, the school nurse shall plan for and carry out, or supervise qualified health personnel in carrying out, a separate and careful observation and examination of every child who is regularly enrolled in a grade specified by the board of trustees or superintendent of schools of the school district in accordance with this subsection to determine whether the child has scoliosis, any visual or auditory problem, or any gross physical defect. The grades in which the observations and examinations must be carried out are as follows:

      (a) For visual and auditory problems:

            (1) Before the completion of the first year of initial enrollment in elementary school;

             (2) In at least one additional grade of the elementary schools; and

             (3) In one grade of the middle or junior high schools and one grade of the high schools; and

      (b) For scoliosis, in at least one grade of schools below the high schools.

Ê Any person other than a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, who performs an observation or examination pursuant to this subsection must be trained by a school nurse to conduct the observation or examination.

      2.  If any child is attending school in a grade above one of the specified grades and has not previously received such an observation and examination, the child must be included in the current schedule for observation and examination. Any child who is newly enrolled in the district must be examined for any medical condition for which children in a lower grade are examined.

      3.  A special examination for a possible visual or auditory problem must be provided for any child who:

      (a) Is enrolled in a special program;

      (b) Is repeating a grade;

      (c) Has failed an examination for a visual or auditory problem during the previous school year; or

      (d) Shows in any other way that the child may have such a problem.

      4.  The school authorities shall notify the parent or guardian of any child who is found or believed to have scoliosis, any visual or auditory problem, or any gross physical defect, and shall recommend that appropriate medical attention be secured to correct it. Any written notice provided to the parent or guardian of a child pursuant to this subsection must include, to the extent that information is available, a list of any resources that may be available in the community to provide such medical attention, including, 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 that the pupil receives such resources.

      5.  In any school district in which state, county or district public health services are available or conveniently obtainable, those services may be used to meet the responsibilities assigned under the provisions of this section. The board of trustees of the school district may employ qualified personnel to perform them. Any nursing services provided by such qualified personnel must be performed in compliance with chapter 632 of NRS.

      6.  The board of trustees of a school district may adopt a policy which encourages the school district and schools within the school district to collaborate with:

      (a) Qualified health care providers within the community to perform, or assist in the performance of, the services required by this section; and

      (b) Postsecondary educational institutions for qualified students enrolled in such an institution in a health-related program to perform, or assist in the performance of, the services required by this section.

      7.  The school authorities shall provide notice to the parent or guardian of a child before performing on the child the examinations required by this section. The notice must inform the parent or guardian of the right to exempt the child from all or part of the examinations. Any child must be exempted from an examination if the child’s parent or guardian files with the teacher a written statement objecting to the examination.

      8.  Each school nurse or a designee of a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, shall report the results of the examinations conducted pursuant to this section in each school at which he or she is responsible for providing services to the Chief Medical Officer in the format prescribed by the Chief Medical Officer. Each such report must exclude any identifying information relating to a particular child. The Chief Medical Officer shall compile all such information the Officer receives to monitor the health status of children and shall retain the information.

      [402:32:1956] — (NRS A 1973, 225; 1981, 841; 1991, 1698; 2001, 541; 2007, 1870, 1872; 2009, 1203, 1204, 1857; 2011, 91; 2013, 2041; 2015, 2069)

      NRS 392.425  Authorization for pupil to self-administer medication for asthma, anaphylaxis or diabetes; contents of request; establishment of protocols relating to self-administration of medication; immunity from liability.

      1.  The parent or legal guardian of a pupil who has asthma, anaphylaxis or diabetes may submit a written request to the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled to allow the pupil to self-administer medication for the treatment of the pupil’s asthma, anaphylaxis or diabetes while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus.

      2.  A public school shall establish protocols for containing blood-borne pathogens and the handling and disposal of needles, medical devices and other medical waste and provide a copy of these protocols and procedures to the parent or guardian of a pupil who requests permission for the pupil to self-administer medication pursuant to subsection 1.

      3.  A written request made pursuant to subsection 1 must include:

      (a) A signed statement of a physician indicating that the pupil has asthma, anaphylaxis or diabetes and is capable of self-administration of the medication while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus;

      (b) A written treatment plan prepared by the physician pursuant to which the pupil will manage his or her asthma, anaphylaxis or diabetes if the pupil experiences an asthmatic attack, anaphylactic shock or diabetic episode while on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus; and

      (c) A signed statement of the parent or legal guardian:

             (1) Indicating that the parent or legal guardian grants permission for the pupil to self-administer the medication while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus;

             (2) Acknowledging that the parent or legal guardian is aware of and understands the provisions of subsections 4 and 5;

             (3) Acknowledging the receipt of the protocols provided pursuant to subsection 2;

             (4) Acknowledging that the protocols established pursuant to subsection 2 have been explained to the pupil who will self-administer the medication and that he or she has agreed to comply with the protocols; and

             (5) Acknowledging that authorization to self-administer medication pursuant to this section may be revoked if the pupil fails to comply with the protocols established pursuant to subsection 2.

      4.  The provisions of this section do not create a duty for the board of trustees of the school district, the school district, the public school in which the pupil is enrolled, or an employee or agent thereof, that is in addition to those duties otherwise required in the course of service or employment.

      5.  If a pupil is granted authorization pursuant to this section to self-administer medication, the board of trustees of the school district, the school district and the public school in which the pupil is enrolled, and any employee or agent thereof, are immune from liability for the injury to or death of:

      (a) The pupil as a result of self-administration of a medication pursuant to this section or the failure of the pupil to self-administer such a medication; and

      (b) Any other person as a result of exposure to or injury caused by needles, medical devices or other medical waste from the self-administration of medication by a pupil pursuant to this section.

      6.  Upon receipt of a request that complies with subsection 3, the principal or, if applicable, the school nurse of the public school in which a pupil is enrolled shall provide written authorization for the pupil to carry and self-administer medication to treat his or her asthma, anaphylaxis or diabetes while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus. The written authorization must be filed with the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled and must include:

      (a) The name and purpose of the medication which the pupil is authorized to self-administer;

      (b) The prescribed dosage and the duration of the prescription;

      (c) The times or circumstances, or both, during which the medication is required or recommended for self-administration;

      (d) The side effects that may occur from an administration of the medication;

      (e) The name and telephone number of the pupil’s physician and the name and telephone number of the person to contact in the case of a medical emergency concerning the pupil; and

      (f) The procedures for the handling and disposal of needles, medical devices and other medical waste.

      7.  The written authorization provided pursuant to subsection 6 is valid for 1 school year. If a parent or legal guardian submits a written request that complies with subsection 3, the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled shall renew and, if necessary, revise the written authorization.

      8.  If a parent or legal guardian of a pupil who is authorized pursuant to this section to carry medication on his or her person provides to the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled doses of the medication in addition to the dosage that the pupil carries on his or her person, the principal or, if applicable, the school nurse shall ensure that the additional medication is:

      (a) Stored on the premises of the public school in a location that is secure; and

      (b) Readily available if the pupil experiences an asthmatic attack, anaphylactic shock or diabetic episode during school hours.

      9.  As used in this section:

      (a) “Medication” means any medicine prescribed by a physician for the treatment of anaphylaxis, asthma or diabetes, including, without limitation, asthma inhalers, auto-injectable epinephrine and insulin.

      (b) “Physician” means a person who is licensed to practice medicine pursuant to chapter 630 of NRS or osteopathic medicine pursuant to chapter 633 of NRS.

      (c) “Self-administer” means the auto-administration of a medication pursuant to the prescription for the medication or written directions for such a medication.

      (Added to NRS by 2005, 85; A 2015, 524)

      NRS 392.430  Sanitation and prevention of diseases: Authority of board of trustees of school districts and governing bodies of charter schools.

      1.  Except as otherwise provided in subsection 2, the board of trustees of a school district may:

      (a) Adopt and enforce regulations that are necessary for sanitation in the public schools and for the prevention of the spread of contagious and infectious diseases therein.

      (b) Spend money available in the school district to enforce the regulations among indigent children.

      2.  The governing body of a charter school may:

      (a) Adopt and enforce rules that are necessary for sanitation in the charter school and for the prevention of contagious and infectious diseases; and

      (b) Spend money to enforce the rules among indigent children.

      [403:32:1956] — (NRS A 1997, 1875)

      NRS 392.435  Immunization of pupils: Certificate prerequisite to enrollment; conditional enrollment; effect of military transfer of parent of child; consequences for failure to immunize; report to Division of Public and Behavioral Health; inclusion of certificate in pupil’s record.

      1.  Unless excused because of religious belief or medical condition and except as otherwise provided in subsection 5, a child may not be enrolled in a public school within this State unless the child’s parents or guardian submit to the board of trustees of the school district in which the child resides or the governing body of the charter school in which the child has been accepted for enrollment a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:

      (a) Diphtheria;

      (b) Tetanus;

      (c) Pertussis if the child is under 6 years of age;

      (d) Poliomyelitis;

      (e) Rubella;

      (f) Rubeola; and

      (g) Such other diseases as the local board of health or the State Board of Health may determine.

      2.  The certificate must show that the required vaccines and boosters were given and must bear the signature of a licensed physician or the physician’s designee or a registered nurse or the nurse’s designee, attesting that the certificate accurately reflects the child’s record of immunization.

      3.  If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.

      4.  A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officers within 90 school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.0999 to 432.130, inclusive, and chapter 432B of NRS.

      5.  A child who transfers to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the child must be enrolled in school in this State regardless of whether the child has been immunized. Unless a different time frame is prescribed pursuant to NRS 388F.010, the parent or legal guardian shall submit a certificate from a physician or local health officer showing that the child:

      (a) If the requirements of subsection 1 can be met with one visit to a physician or clinic, has been fully immunized within 30 school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the child was enrolled; or

      (b) If the requirements of subsection 1 cannot be met with one visit to a physician or clinic, is receiving the required immunizations within 30 school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the child was enrolled. A certificate from the physician or local health officer showing that the child has been fully immunized must be submitted to the appropriate school officers within 120 school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the child was enrolled.

Ê If the parent or legal guardian fails to submit the documentation required pursuant to this subsection, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.0999 to 432.130, inclusive, and chapter 432B of NRS.

      6.  Before December 31 of each year, each school district and the governing body of each charter school shall report to the Division of Public and Behavioral Health of the Department of Health and Human Services, on a form furnished by the Division, the exact number of pupils who have completed the immunizations required by this section.

      7.  The certificate of immunization must be included in the pupil’s academic or cumulative record and transferred as part of that record upon request.

      (Added to NRS by 1971, 1040; A 1973, 267; 1975, 1324; 1979, 314; 1985, 1400; 1987, 1334; 1995, 807; 1997, 1876; 2003, 3218; 2009, 2623)

      NRS 392.437  Immunization of pupils: Exemption if prohibited by religious belief.  A public school shall not refuse to enroll a child as a pupil because the child has not been immunized pursuant to NRS 392.435 if the parents or guardian of the child has submitted to the board of trustees of the school district or the governing body of a charter school in which the child has been accepted for enrollment a written statement indicating that their religious belief prohibits immunization of such child or ward.

      (Added to NRS by 1971, 1040; A 1997, 1876)

      NRS 392.439  Immunization of pupils: Exemption if prevented by medical condition.  If the medical condition of a child will not permit the child to be immunized to the extent required by NRS 392.435 and a written statement of this fact is signed by a licensed physician and by the parents or guardian of the child, the board of trustees of the school district or governing body of the charter school in which the child has been accepted for enrollment shall exempt the child from all or part of the provisions of NRS 392.435, as the case may be, for enrollment purposes.

      (Added to NRS by 1971, 1040; A 1997, 1877)

      NRS 392.443  Immunization of pupils: Additional requirements imposed after enrollment; additional certificate required.  If, after a child has been enrolled in a public school and before registration for any subsequent school year additional immunization requirements are provided by law, the child’s parents or guardian shall submit an additional certificate or certificates to the board of trustees or the governing body of the charter school in which the child is enrolled stating that the child has met the new immunization requirements.

      (Added to NRS by 1971, 1041; A 1997, 1877)

      NRS 392.446  Immunization of pupils: Protection of child exempt from immunization if dangerous disease exists in school.  Whenever the State Board of Health or a local board of health determines that there is a dangerous contagious disease in a public school attended by a child for whom exemption from immunization is claimed pursuant to the provisions of NRS 392.437 or 392.439, the board of trustees of the school district or the governing body of the charter school in which the child is enrolled shall require either:

      1.  That the child be immunized; or

      2.  That the child remain outside the school environment and the local health officer be notified.

      (Added to NRS by 1979, 314; A 1997, 1877)

      NRS 392.448  Immunization of pupils: Penalty for refusal to remove child from school when required by law.  Any parent or guardian who refuses to remove his or her child from the public school in which the child is enrolled when retention in school is prohibited under the provisions of NRS 392.435, 392.443 or 392.446 is guilty of a misdemeanor.

      (Added to NRS by 1979, 314)

      NRS 392.450  Drills to instruct pupils in appropriate procedures to be followed in event of emergency; posting of escape routes; enforcement; penalty.

      1.  The board of trustees of each school district and the governing body of each charter school shall provide drills for the pupils in the schools in the school district or the charter schools at least once each month during the school year to instruct those pupils in the appropriate procedures to be followed in the event of a fire or other emergency, except a crisis governed by NRS 388.229 to 388.261, inclusive. Not more than three of those drills may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters.

      2.  In all cities or towns which have regularly organized, paid fire departments or voluntary fire departments, the drills required by subsection 1 must be conducted under the supervision of the:

      (a) Person designated for this purpose by the board of trustees of the school district or the governing body of a charter school; and

      (b) Chief of the fire department of the city or town.

      3.  A diagram of the approved escape route and any other information related to the drills required by subsection 1 which is approved by the chief of the fire department or, if there is no fire department, the State Fire Marshal must be kept posted in every classroom of every public school by the principal or teacher in charge thereof.

      4.  The principal, teacher or other person in charge of each school building shall cause the provisions of this section to be enforced.

      5.  Any violation of the provisions of this section is a misdemeanor.

      [405:32:1956] — (NRS A 1971, 152; 1993, 112; 1997, 1877; 2001, 1329)

      NRS 392.452  Adoption of policy by school district for prevention and treatment of injuries to the head which may occur during participation in competitive sports; requirements of policy; annual acknowledgment of policy by parent and pupil.

      1.  For those competitive sports not governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS, the board of trustees of each school district shall adopt a policy concerning the prevention and treatment of injuries to the head which may occur during a pupil’s participation in competitive sports within the school district, including, without limitation, a concussion of the brain. To the extent practicable, the policy must be consistent with the policy adopted by the Nevada Interscholastic Activities Association pursuant to NRS 385B.080. The policy must provide information concerning the nature and risk of injuries to the head which may occur during a pupil’s participation in competitive sports, including, without limitation, the risks associated with continuing to participate in competitive sports after sustaining such an injury.

      2.  The policy adopted pursuant to subsection 1 must require that if a pupil sustains or is suspected of sustaining an injury to the head while participating in competitive sports, the pupil:

      (a) Must be immediately removed from the competitive sport; and

      (b) May return to the competitive sport if the parent or legal guardian of the pupil provides a signed statement of a provider of health care indicating that the pupil is medically cleared for participation in the competitive sport and the date on which the pupil may return to the competitive sport.

      3.  Before a pupil participates in competitive sports within a school district, and on an annual basis thereafter, the pupil and his or her parent or legal guardian:

      (a) Must be provided with a copy of the policy adopted pursuant to subsection 1; and

      (b) Must sign a statement on a form prescribed by the board of trustees acknowledging that the pupil and his or her parent or guardian have read and understand the terms and conditions of the policy.

      4.  As used in this section, “provider of health care” means a physician licensed under chapter 630 or 633 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

      (Added to NRS by 2011, 785)

      NRS 392.455  Devices for protection of eyes required in certain classes.

      1.  If a school district or a charter school has established a program in career and technical education, the teachers and pupils in classes provided pursuant to the program must wear devices provided by the school district or the charter school which are designed to protect their eyes while they are using power tools, torches or other dangerous equipment or machinery.

      2.  The teachers and pupils in classes in science must wear devices provided by the school district which are designed to protect their eyes when chemicals or toxic substances are used in those classes.

      (Added to NRS by 1989, 185; A 1997, 1878; 2005, 1052)

PARENTAL INVOLVEMENT AND FAMILY ENGAGEMENT

      NRS 392.456  Form for use in elementary schools concerning status of pupil and participation of parent; restrictions on use.

      1.  The Department shall:

      (a) Prescribe a form for use by teachers in elementary schools to provide reports to parents and legal guardians of pupils pursuant to this section;

      (b) Work in consultation with the Legislative Bureau of Educational Accountability and Program Evaluation, the Nevada Association of School Boards, the Nevada Association of School Administrators, the Nevada State Education Association and the Nevada Parent Teacher Association in the development of the form; and

      (c) Make the form available in electronic format for use by school districts and charter schools and, upon request, in any other manner deemed reasonable by the Department.

      2.  The form must include, without limitation:

      (a) A notice to parents and legal guardians that parental involvement is important in ensuring the success of the academic achievement of pupils;

      (b) A checklist indicating whether:

             (1) The pupil completes his or her homework assignments in a timely manner;

             (2) The pupil is present in the classroom when school begins each day and is present for the entire school day unless the pupil’s absence is approved in accordance with NRS 392.130;

             (3) The parent or legal guardian and the pupil abide by any applicable rules and policies of the school and the school district; and

             (4) The pupil complies with the dress code for the school, if applicable; and

      (c) A list of the resources and services available within the community to assist parents and legal guardians in addressing any issues identified on the checklist.

      3.  In addition to the requirements of subsection 2, the Department may prescribe additional information for inclusion on the form, including, without limitation:

      (a) A report of the participation of the parent or legal guardian, including, without limitation, whether the parent or legal guardian:

             (1) Completes forms and other documents that are required by the school or school district in a timely manner;

             (2) Assists in carrying out a plan to improve the pupil’s academic achievement, if applicable;

             (3) Attends conferences between the teacher and the parent or legal guardian, if applicable; and

             (4) Attends school activities.

      (b) A report of whether the parent or legal guardian ensures the health and safety of the pupil, including, without limitation, whether:

             (1) Current information is on file with the school that designates each person whom the school should contact if an emergency involving the pupil occurs; and

             (2) Current information is on file with the school regarding the health and safety of the pupil, such as immunization records, if applicable, and any special medical needs of the pupil.

      4.  A teacher at an elementary school may provide the form prescribed by the Department, including the additional information prescribed pursuant to subsection 3 if the Department has prescribed such information on the form, to a parent or legal guardian of a pupil if the teacher determines that the provision of such a report would assist in improving the academic achievement of the pupil.

      5.  A report provided to a parent or legal guardian pursuant to this section must not be used in a manner that:

      (a) Interferes unreasonably with the personal privacy of the parent or legal guardian or the pupil;

      (b) Reprimands the parent or legal guardian; or

      (c) Affects the grade or report of progress given to a pupil based upon the information contained in the report.

      (Added to NRS by 2007, 2913; A 2009, 2333, 2334; 2013, 1934)

      NRS 392.457  Adoption of policies by State Board and school districts concerning effective involvement and engagement; annual review of policies.

      1.  The State Board 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, adopt a policy to encourage effective involvement and engagement by parents and families in support of their children and the education of their children. The policy adopted by the State Board must be considered when the Board:

      (a) Consults with the boards of trustees of school districts in the adoption of policies pursuant to subsection 3; and

      (b) Interacts with school districts, public schools, educational personnel, parents, legal guardians and families of pupils, and members of the general public in carrying out its duties pursuant to this title.

      2.  The policy adopted by the State Board pursuant to subsection 1 must include the following elements and goals:

      (a) Promotion of an atmosphere for parents and families to visit the school that their children attend and feel welcome, valued and connected to the staff of the school, other parents and families and to the education of their children.

      (b) Promotion of regular, two-way, meaningful communication between parents, families and schools relating to learning by pupils.

      (c) Collaboration among parents, families and schools to support learning by pupils and healthy development of pupils at home and school.

      (d) Empowerment of parents and families to advocate for their children and the children of other parents and families to ensure that all pupils are treated fairly and have access to learning opportunities that support pupil achievement.

      (e) Promotion of an equal partnership between parents, families and schools in making decisions that affect children, parents and families and in informing, influencing and creating school policies, practices and programs.

      (f) Collaboration of parents, families and schools with the community to connect pupils, parents, families and schools with learning opportunities, community services and civic participation.

      3.  The board of trustees of each school district shall, in consultation with the State Board, educational personnel, local associations and organizations of parents whose children are enrolled in public schools of the school district and individual parents and legal guardians whose children are enrolled in public schools of the school district, adopt policies to encourage effective involvement and engagement by parents and families in support of their children and the education of their children. The policies adopted pursuant to this subsection must:

      (a) Be consistent, to the extent applicable, with the policy adopted by the State Board pursuant to subsection 1;

      (b) Include the elements and goals specified in subsection 2; and

      (c) Comply with the parental involvement policy required by the federal No Child Left Behind Act of 2001, as set forth in 20 U.S.C. § 6318.

      4.  The State Board and the board of trustees of each school district shall, at least once each year, review and amend their respective policies as necessary.

      (Added to NRS by 2001, 978; A 2003, 19th Special Session, 79; 2011, 513, 1985)

      NRS 392.4575  Educational involvement accords; policy by school districts for development and distribution; annual review.

      1.  The Department shall prescribe a form for educational involvement accords to be used by all public schools in this State. The educational involvement accord must comply with the policy:

      (a) For parental involvement required by the federal No Child Left Behind Act of 2001, as set forth in 20 U.S.C. § 6318.

      (b) For parental involvement and family engagement adopted by the State Board pursuant to NRS 392.457.

      2.  Each educational involvement accord must include, without limitation:

      (a) A description of how the parent or legal guardian will be involved in the education of the pupil, including, without limitation:

             (1) Reading to the pupil, as applicable for the grade or reading level of the pupil;

             (2) Reviewing and checking the pupil’s homework; and

             (3) Contributing 5 hours of time each school year, including, without limitation, by attending school-related activities, parent-teacher association meetings, parent-teacher conferences, volunteering at the school and chaperoning school-sponsored activities.

      (b) The responsibilities of a pupil in a public school, including, without limitation:

             (1) Reading each day before or after school, as applicable for the grade or reading level of the pupil;

             (2) Using all school equipment and property appropriately and safely;

             (3) Following the directions of any adult member of the staff of the school;

             (4) Completing and submitting homework in a timely manner; and

             (5) Respecting himself or herself, others and all property.

      (c) The responsibilities of a public school and the administrators, teachers and other personnel employed at a school, including, without limitation:

             (1) Ensuring that each pupil is provided proper instruction, supervision and interaction;

             (2) Maximizing the educational and social experience of each pupil;

             (3) Carrying out the professional responsibility of educators to seek the best interest of each pupil; and

             (4) Making staff available to the parents and legal guardians of pupils to discuss the concerns of parents and legal guardians regarding the pupils.

      3.  Each educational involvement accord must be accompanied by, without limitation:

      (a) Information describing how the parent or legal guardian may contact the pupil’s teacher and the principal of the school in which the pupil is enrolled;

      (b) The curriculum of the course or standards for the grade in which the pupil is enrolled, as applicable, including, without limitation, a calendar that indicates the dates of major examinations and the due dates of significant projects, if those dates are known by the teacher at the time that the information is distributed;

      (c) The homework and grading policies of the pupil’s teacher or school;

      (d) Directions for finding resource materials for the course or grade in which the pupil is enrolled, as applicable;

      (e) Suggestions for parents and legal guardians to assist pupils in their schoolwork at home;

      (f) The dates of scheduled conferences between teachers or administrators and the parents or legal guardians of the pupil;

      (g) The manner in which reports of the pupil’s progress will be delivered to the parent or legal guardian and how a parent or legal guardian may request a report of progress;

      (h) The classroom rules and policies;

      (i) The dress code of the school, if any;

      (j) The availability of assistance to parents who have limited proficiency in the English language;

      (k) Information describing the availability of free and reduced-price meals, including, without limitation, information regarding school breakfast, school lunch and summer meal programs;

      (l) Opportunities for parents and legal guardians to become involved in the education of their children and to volunteer for the school or class; and

      (m) The code of honor relating to cheating prescribed pursuant to NRS 392.461.

      4.  The board of trustees of each school district shall adopt a policy providing for the development and distribution of the educational involvement accord. The policy adopted by a board of trustees must require each classroom teacher to:

      (a) Distribute the educational involvement accord to the parent or legal guardian of each pupil in the teacher’s class at the beginning of each school year or upon a pupil’s enrollment in the class, as applicable; and

      (b) Provide the parent or legal guardian with a reasonable opportunity to sign the educational involvement accord.

      5.  Except as otherwise provided in this subsection, the board of trustees of each school district shall ensure that the form prescribed by the Department is used for the educational involvement accord of each public school in the school district. The board of trustees of a school district may authorize the use of 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.

      6.  The Department and the board of trustees of each school district shall, at least once each year, review and amend their respective educational involvement accords.

      (Added to NRS by 2005, 1659; A 2007, 2914; 2009, 2335, 2337; 2011, 1986; 2013, 1935)

      NRS 392.4577  Employer required to grant leave to parent to participate in school conferences and other school-related activities; conditions; exception.

      1.  Except as otherwise provided in subsection 5, an employer shall grant a parent, guardian or custodian of a child who is enrolled in a public school leave from his or her place of employment for 4 hours per school year, which must be taken in increments of at least 1 hour, to:

      (a) Attend parent-teacher conferences;

      (b) Attend school-related activities during regular school hours;

      (c) Volunteer or otherwise be involved at the school in which his or her child is enrolled during regular school hours; and

      (d) Attend school-sponsored events.

Ê The leave must be at a time mutually agreed upon by the employer and the employee.

      2.  An employer may require:

      (a) An employee to provide a written request for the leave at least 5 school days before the leave is taken; and

      (b) An employee who takes leave pursuant to this section to provide documentation that during the time of the leave, the employee attended or was otherwise involved at the school or school-related activity for one of the purposes set forth in subsection 1.

      3.  An employer is not required to pay an employee for any leave taken pursuant to this section.

      4.  A parent, guardian or custodian must be granted leave in accordance with this section for each child of the parent, guardian or custodian who is enrolled in public school.

      5.  The provisions of this section do not apply if an employee is afforded pursuant to the provisions of a collective bargaining agreement:

      (a) At least 4 hours of leave or more per school year for the purposes set forth in subsection 1 and subject to the same provisions as subsections 2, 3 and 4; and

      (b) Substantially similar protections and remedies for violations by the employer as those that are set forth in NRS 392.920.

      6.  As used in this section, “employer” means any person who has 50 or more employees for each working day in each of 20 or more calendar weeks in the current calendar year.

      (Added to NRS by 2009, 1247)

BEHAVIOR AND DISCIPLINE

General Provisions

      NRS 392.461  Code of honor relating to cheating; contents; distribution.

      1.  The Department shall prescribe by regulation a written policy that establishes a code of honor for pupils relating to cheating on examinations and course work. The policy must be developed in consultation with the boards of trustees of school districts, the governing bodies of charter schools, educational personnel employed by school districts and charter schools, and local associations and organizations of parents whose children are enrolled in public schools throughout this State.

      2.  The policy must include, without limitation, a definition of cheating that clearly and concisely informs pupils which acts constitute cheating for purposes of the code of honor.

      3.  On or before July 1 of each year, the Department shall:

      (a) Provide a copy of the code of honor to the board of trustees of each school district and the governing body of each charter school.

      (b) Review and amend the code of honor as necessary.

      4.  Copies of the code of honor must be made available for inspection at each public school located within a school district, including, without limitation, each charter school, in an area on the grounds of the school that is open to the public.

      5.  Each classroom teacher shall:

      (a) Distribute the code of honor to each pupil enrolled in the teacher’s class and to the parent or legal guardian of each pupil enrolled in his or her class at the beginning of each school year or upon a pupil’s enrollment in the teacher’s class, as applicable;

      (b) Provide the pupil and the parent or legal guardian of the pupil with a reasonable opportunity to sign the code of honor; and

      (c) If the code of honor is returned with the signatures, retain a copy of the signed code of honor in the pupil’s file.

      (Added to NRS by 2005, 1661; A 2007, 2916)

      NRS 392.463  Adoption of plan to ensure public schools are safe and free of controlled substances; written rules of behavior and punishments; distribution of plan and rules to pupils; availability for inspection.

      1.  Each school district shall adopt a plan to ensure that the public schools within the school district are safe and free of controlled substances. The plan must comply with the Safe and Drug-Free Schools and Communities Act, 20 U.S.C. §§ 7101 et seq.

      2.  Each school district shall prescribe written rules of behavior required of and prohibited for pupils attending school within their district and shall prescribe appropriate punishments for violations of the rules. If suspension or expulsion is used as a punishment for a violation of the rules, the school district shall follow the procedures in NRS 392.467.

      3.  A copy of the plan adopted pursuant to subsection 1 and the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments prescribed pursuant to subsection 2 must be distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year. Copies must also be made available for inspection at each school located in that district in an area on the grounds of the school which is open to the public.

      (Added to NRS by 1985, 350; A 2003, 19th Special Session, 80)

      NRS 392.4633  Corporal punishment prohibited; report of violation; forwarding of complaint if determined to be substantiated.

      1.  Corporal punishment must not be administered upon a pupil in any public school.

      2.  Subsection 1 does not prohibit any teacher, principal or other licensed person from defending himself or herself if attacked by a pupil.

      3.  A person may report the use of corporal punishment on a pupil to the agency which provides child welfare services in the county in which the school district is located. If the agency determines that the complaint is substantiated, the agency shall forward the complaint to the Department, the appropriate local law enforcement agency within the county and the district attorney’s office within the county for further investigation.

      4.  As used in this section:

      (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (b) “Corporal punishment” means the intentional infliction of physical pain upon or the physical restraint of a pupil for disciplinary purposes. The term does not include the use of reasonable and necessary force:

             (1) To quell a disturbance that threatens physical injury to any person or the destruction of property;

             (2) To obtain possession of a weapon or other dangerous object within a pupil’s control;

             (3) For the purpose of self-defense or the defense of another person; or

             (4) To escort a disruptive pupil who refuses to go voluntarily with the proper authorities.

      (Added to NRS by 1960, 60; A 1979, 1616; 1987, 1013; 1993, 2622; 2009, 921)

      NRS 392.4634  Prohibition against disciplining certain pupils for simulating firearm or dangerous weapon or wearing clothing or accessories that depict firearm or dangerous weapon; exceptions; prohibition against adoption of conflicting policy, ordinance or regulation.

      1.  Except as otherwise provided in subsection 3, a pupil enrolled in kindergarten or grades 1 to 8, inclusive, may not be disciplined, including, without limitation, pursuant to NRS 392.466, for:

      (a) Simulating a firearm or dangerous weapon while playing; or

      (b) Wearing clothing or accessories that depict a firearm or dangerous weapon or express an opinion regarding a constitutional right to keep and bear arms, unless it substantially disrupts the educational environment.

      2.  Simulating a firearm or dangerous weapon includes, without limitation:

      (a) Brandishing a partially consumed pastry or other food item to simulate a firearm or dangerous weapon;

      (b) Possessing a toy firearm or toy dangerous weapon that is 2 inches or less in length;

      (c) Possessing a toy firearm or toy dangerous weapon made of plastic building blocks which snap together;

      (d) Using a finger or hand to simulate a firearm or dangerous weapon;

      (e) Drawing a picture or possessing an image of a firearm or dangerous weapon; and

      (f) Using a pencil, pen or other writing or drawing implement to simulate a firearm or dangerous weapon.

      3.  A pupil who simulates a firearm or dangerous weapon may be disciplined when disciplinary action is consistent with a policy adopted by the board of trustees of the school district and such simulation:

      (a) Substantially disrupts learning by pupils or substantially disrupts the educational environment at the school;

      (b) Causes bodily harm to another person; or

      (c) Places another person in reasonable fear of bodily harm.

      4.  Except as otherwise provided in subsection 5, a school, school district, board of trustees of a school district or other entity shall not adopt any policy, ordinance or regulation which conflicts with this section.

      5.  The provisions of this section shall not be construed to prohibit a school from establishing and enforcing a policy requiring pupils to wear a school uniform as authorized pursuant to NRS 386.855.

      6.  As used in this section:

      (a) “Dangerous weapon” has the meaning ascribed to it in paragraph (b) of subsection 9 of NRS 392.466.

      (b) “Firearm” has the meaning ascribed to it in paragraph (c) of subsection 9 of NRS 392.466.

      (Added to NRS by 2015, 2026)

      NRS 392.4635  Policy for prohibition of activities of criminal gangs on school property.

      1.  The board of trustees of each school district shall establish a policy that prohibits the activities of criminal gangs on school property.

      2.  The policy established pursuant to subsection 1 may include, without limitation:

      (a) The provision of training for the prevention of the activities of criminal gangs on school property.

      (b) If the policy includes training:

             (1) A designation of the grade levels of the pupils who must receive the training.

             (2) A designation of the personnel who must receive the training, including, without limitation, personnel who are employed in schools at the grade levels designated pursuant to subparagraph (1).

Ê The board of trustees of each school district shall ensure that the training is provided to the pupils and personnel designated in the policy.

      (c) Provisions which prohibit:

             (1) A pupil from wearing any clothing or carrying any symbol on school property that denotes membership in or an affiliation with a criminal gang; and

             (2) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang.

      (d) Provisions which provide for the suspension or expulsion of pupils who violate the policy.

      3.  The board of trustees of each school district may develop the policy required pursuant to subsection 1 in consultation with:

      (a) Local law enforcement agencies;

      (b) School police officers, if any;

      (c) Persons who have experience regarding the actions and activities of criminal gangs;

      (d) Organizations which are dedicated to alleviating criminal gangs or assisting members of criminal gangs who wish to disassociate from the gang; and

      (e) Any other person deemed necessary by the board of trustees.

      4.  As used in this section, “criminal gang” has the meaning ascribed to it in NRS 213.1263.

      (Added to NRS by 1995, 1426; A 2009, 1195)

      NRS 392.4637  Policy concerning use and possession of pagers, cellular telephones and other electronic devices.

      1.  The board of trustees of each school district shall adopt a policy concerning the use and possession by pupils of a pager, cellular telephone or any other similar electronic device used for communication while on the premises of a public school or while at an activity sponsored by a public school.

      2.  The policy adopted pursuant to subsection 1 must:

      (a) Prescribe appropriate measures for disciplining a pupil who violates the policy.

      (b) Be included 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 2003, 493)

      NRS 392.4638  Board of trustees authorized to adopt policy for pupils to report unlawful activity being conducted on school property, activity sponsored by public school or on school bus.

      1.  The board of trustees of each school district may adopt a policy that allows a pupil enrolled in a public school within the school district to report, anonymously if the pupil chooses, any unlawful activity which is being conducted on school property, at an activity sponsored by a public school or on a school bus. The policy may include, without limitation:

      (a) The types of unlawful activities which a pupil may report; and

      (b) The manner in which a pupil may report the unlawful activities.

      2.  The board of trustees of a school district may work in consultation with a local law enforcement agency or other governmental entity, corporation, business, organization or other entity to assist the board of trustees in the implementation of a policy adopted pursuant to subsection 1.

      3.  If the board of trustees of a school district adopts a policy pursuant to subsection 1, each public school within the school district shall post prominently in various locations at the school the policy adopted pursuant to subsection 1, which must clearly denote the phone number and any other methods by which a report may be made. If a public school maintains an Internet website for the school, the policy must also be posted on the school’s website.

      4.  If the board of trustees of a school district adopts a policy pursuant to subsection 1, the board of trustees shall post the policy on the Internet website maintained by the school district.

      (Added to NRS by 2011, 648)

      NRS 392.464  Adoption and enforcement by trustees of disciplinary measures for pupil in possession of alcoholic beverage or controlled substance on premises of school.

      1.  The board of trustees of each school district shall adopt and enforce measures for disciplining any pupil who is found in possession of an alcoholic beverage or a controlled substance, while on the premises of any public school in its district.

      2.  As used in this section, “alcoholic beverage” has the meaning ascribed to it in NRS 202.015.

      (Added to NRS by 1985, 1649; A 1987, 482, 1550, 1576)

Temporary Alternative Placement

      NRS 392.4642  “Principal” defined.  As used in NRS 392.4642 to 392.4648, inclusive, unless the context otherwise requires, “principal” means the principal of a school or the principal’s designee.

      (Added to NRS by 1999, 3185)

      NRS 392.4643  Actions taken against pupils with disabilities.  An action must not be taken pursuant to the provisions of NRS 392.4642 to 392.4648, inclusive, against a pupil with a disability who is participating in a program of special education pursuant to NRS 388.417 to 388.469, inclusive, unless the action complies with:

      1.  The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;

      2.  The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.;

      3.  Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq.;

      4.  Any other federal law applicable to children with disabilities; and

      5.  The procedural policy adopted by the board of trustees of the school district for such matters.

      (Added to NRS by 1999, 3188)

      NRS 392.4644  Plan for progressive discipline and on-site review of disciplinary decisions; annual review and revision of plan; posting and availability of plan; written reports by superintendent of schools, board of trustees and Superintendent of Public Instruction concerning compliance with section.

      1.  The principal of each public school shall establish a plan to provide for the progressive discipline of pupils and on-site review of disciplinary decisions. The plan must:

      (a) Be developed with the input and participation of teachers and other educational personnel and support personnel who are employed at the school, and the parents and guardians of pupils who are enrolled in the school.

      (b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.

      (c) Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of the school.

      (d) Provide for the temporary removal of a pupil from a classroom in accordance with NRS 392.4645.

      2.  On or before October 1 of each year, the principal of each public school shall:

      (a) Review the plan in consultation with the teachers and other educational personnel and support personnel who are employed at the school;

      (b) Based upon the review, make revisions to the plan, as recommended by the teachers and other educational personnel and support personnel, if necessary; and

      (c) Post a copy of the plan or the revised plan, as applicable, in a prominent place at the school for public inspection and otherwise make the plan available for public inspection at the administrative office of the school.

      3.  On or before October 1 of each year, the principal of each public school shall submit a copy of the plan established pursuant to subsection 1 or a revised plan, if applicable, to the superintendent of schools of the school district. On or before November 1 of each year, the superintendent of schools of each school district shall submit a report to the board of trustees of the school district that includes:

      (a) A compilation of the plans submitted pursuant to this subsection by each school within the school district.

      (b) The name of each principal, if any, who has not complied with the requirements of this section.

      4.  On or before November 30 of each year, the board of trustees of each school district shall submit a written report to the Superintendent of Public Instruction based upon the compilation submitted pursuant to subsection 3 that reports the progress of each school within the district in complying with the requirements of this section.

      5.  On or before December 31 of each year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau concerning the progress of the schools and school districts throughout this state in complying with this section. If the report is submitted during:

      (a) An even-numbered year, the Director of the Legislative Counsel Bureau shall transmit it to the next regular session of the Legislature.

      (b) An odd-numbered year, the Director of the Legislative Counsel Bureau shall transmit it to the Legislative Committee on Education.

      (Added to NRS by 1999, 3185; A 2003, 3382)

      NRS 392.4645  Removal of pupil from classroom: Notice; assignment to temporary alternative placement; exceptions.

      1.  The plan established pursuant to NRS 392.4644 must provide for the temporary removal of a pupil from a classroom if, in the judgment of the teacher, the pupil has engaged in behavior that seriously interferes with the ability of the teacher to teach the other pupils in the classroom and with the ability of the other pupils to learn. The plan must provide that, upon the removal of a pupil from a classroom pursuant to this section, the principal of the school shall provide an explanation of the reason for the removal of the pupil to the pupil and offer the pupil an opportunity to respond to the explanation. Within 24 hours after the removal of a pupil pursuant to this section, the principal of the school shall notify the parent or legal guardian of the pupil of the removal.

      2.  Except as otherwise provided in subsection 3, a pupil who is removed from a classroom pursuant to this section must be assigned to a temporary alternative placement pursuant to which the pupil:

      (a) Is separated, to the extent practicable, from pupils who are not assigned to a temporary alternative placement;

      (b) Studies under the supervision of appropriate personnel of the school district; and

      (c) Is prohibited from engaging in any extracurricular activity sponsored by the school.

      3.  The principal shall not assign a pupil to a temporary alternative placement if the suspension or expulsion of a pupil who is removed from the classroom pursuant to this section is:

      (a) Required by NRS 392.466; or

      (b) Authorized by NRS 392.467 and the principal decides to proceed in accordance with that section.

Ê If the principal proceeds in accordance with NRS 392.466 or 392.467, the pupil must be removed from school in accordance with those sections and the provisions of NRS 392.4642 to 392.4648, inclusive, do not apply to the pupil.

      (Added to NRS by 1999, 3185)

      NRS 392.4646  Removal of pupil from classroom: Conference; recommendation of principal.

      1.  Except as otherwise provided in this section, not later than 3 school days after a pupil is removed from a classroom pursuant to NRS 392.4645, a conference must be held with:

      (a) The pupil;

      (b) A parent or legal guardian of the pupil;

      (c) The principal of the school; and

      (d) The teacher who removed the pupil.

Ê The principal shall give an oral or written notice of the conference, as appropriate, to each person who is required to participate.

      2.  After receipt of the notice required pursuant to subsection 1, the parent or legal guardian of the pupil may, not later than 3 school days after the removal of the pupil, request that the date of the conference be postponed. The principal shall accommodate such a request. If the date of the conference is postponed pursuant to this subsection, the principal shall send written notice to the parent or legal guardian confirming that the conference has been postponed at the request of the parent or legal guardian.

      3.  If a parent or legal guardian of a pupil refuses to attend a conference, the principal of the school shall send a written notice to the parent or legal guardian confirming that the parent or legal guardian has waived the right to a conference provided by this section and authorized the principal to recommend the placement of the pupil pursuant to subsection 6.

      4.  Except as otherwise provided in this subsection, a pupil must not return to the classroom from which the pupil was removed before the conference is held. If the conference is not held within 3 school days after the removal of the pupil, the pupil must be allowed to return to the classroom unless:

      (a) The parent or legal guardian of the pupil refuses to attend the conference;

      (b) The failure to hold a conference is attributed to the action or inaction of the pupil or the parent or legal guardian of the pupil; or

      (c) The parent or legal guardian requested that the date of the conference be postponed.

      5.  During the conference, the teacher who removed the pupil from the classroom or the principal shall provide the pupil and the pupil’s parent or legal guardian with an explanation of the reason for the removal of the pupil from the classroom. The pupil and the pupil’s parent or legal guardian must be granted an opportunity to respond to the explanation of the pupil’s behavior and to indicate whether the removal of the pupil from the classroom was appropriate in their opinion based upon the behavior of the pupil.

      6.  Upon conclusion of the conference or, if a conference is not held pursuant to subsection 3 not later than 3 school days after the removal of a pupil from a classroom, the principal shall recommend whether to return the pupil to the classroom or continue the temporary alternative placement of the pupil.

      (Added to NRS by 1999, 3186)

      NRS 392.4647  Establishment of committee to review temporary alternative placement of pupils.

      1.  The principal of each public school shall establish at least one committee to review the temporary alternative placement of pupils. A committee established pursuant to this section must consist of the principal and two regular members who are teachers selected for membership by a majority of the teachers who are employed at the school. One additional teacher must be selected in the same manner to serve as an alternate member.

      2.  If a pupil is removed from the classroom pursuant to NRS 392.4645 by a teacher who is a member of a committee established pursuant to this section, the teacher shall not participate in the review of the placement of the pupil and the alternate member shall serve on the committee for that review.

      (Added to NRS by 1999, 3187)

      NRS 392.4648  Powers and duties of committee to review temporary alternative placement of pupils.  If, in accordance with subsection 6 of NRS 392.4646, the principal recommends that a pupil be returned to the classroom from which the pupil was removed and the teacher who removed the pupil does not agree with the recommendation, the principal shall continue the temporary alternative placement of the pupil and shall immediately convene a meeting of the committee created pursuant to NRS 392.4647. The principal shall inform the parent or legal guardian of the pupil that the committee will be conducting a meeting. The committee shall review the circumstances of the pupil’s removal from the classroom and the pupil’s behavior that caused the pupil to be removed from the classroom. Based upon its review, the committee shall assess the best placement available for the pupil and shall, without limitation:

      1.  Direct that the pupil be returned to the classroom from which he or she was removed;

      2.  Assign the pupil to another appropriate classroom;

      3.  Assign the pupil to an alternative program of education, if available;

      4.  Recommend the suspension or expulsion of the pupil in accordance with NRS 392.467; or

      5.  Take any other appropriate disciplinary action against the pupil that the committee deems necessary.

      (Added to NRS by 1999, 3187)

Habitual Disciplinary Problem; Suspension and Expulsion

      NRS 392.4655  Conditions under which pupil deemed habitual disciplinary problem; plan of behavior to prevent pupil from being deemed habitual disciplinary problem; appeal by parent or guardian concerning content of plan or action taken pursuant to plan.

      1.  Except as otherwise provided in this section, a principal of a school shall deem a pupil enrolled in the school a habitual disciplinary problem if the school has written evidence which documents that in 1 school year:

      (a) The pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or other personnel employed by the school two or more times or the pupil has a record of five suspensions from the school for any reason; and

      (b) The pupil has not entered into and participated in a plan of behavior pursuant to subsection 5.

      2.  At least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of the school deem a pupil a habitual disciplinary problem. Upon such a request, the principal of the school shall meet with each teacher who made the request to review the pupil’s record of discipline. If, after the review, the principal of the school determines that the provisions of subsection 1 do not apply to the pupil, a teacher who submitted a request pursuant to this subsection may appeal that determination to the board of trustees of the school district. Upon receipt of such a request, the board of trustees shall review the initial request and determination pursuant to the procedure established by the board of trustees for such matters.

      3.  If a pupil is suspended, the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil that contains:

      (a) A description of the act committed by the pupil and the date on which the act was committed;

      (b) An explanation that if the pupil receives five suspensions on his or her record during the current school year and has not entered into and participated in a plan of behavior pursuant to subsection 5, the pupil will be deemed a habitual disciplinary problem;

      (c) An explanation that, pursuant to subsection 3 of NRS 392.466, a pupil who is deemed a habitual disciplinary problem may be:

             (1) Suspended from school for a period not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline; or

             (2) Expelled from school under extraordinary circumstances as determined by the principal of the school;

      (d) If the pupil has a disability and is participating in a program of special education pursuant to NRS 388.419, an explanation of the effect of subsection 8 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is not a manifestation of the pupil’s disability, he or she may be suspended or expelled from school in the same manner as a pupil without a disability; and

      (e) A summary of the provisions of subsection 5.

      4.  A school shall provide the notice required by subsection 3 for each suspension on the record of a pupil during a school year. Such notice must be provided at least 7 days before the school deems the pupil a habitual disciplinary problem.

      5.  If a pupil is suspended, the school in which the pupil is enrolled may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation:

      (a) A plan for graduating if the pupil is deficient in credits and not likely to graduate according to schedule.

      (b) Information regarding schools with a mission to serve pupils who have been:

             (1) Expelled or suspended from a public school, including, without limitation, a charter school; or

             (2) Deemed to be a habitual disciplinary problem pursuant to this section.

      (c) A voluntary agreement by the parent or legal guardian to attend school with his or her child.

      (d) A voluntary agreement by the pupil and the pupil’s parent or legal guardian to attend counseling, programs or services available in the school district or community.

      (e) A voluntary agreement by the pupil and the pupil’s parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.

      6.  If a pupil commits the same act for which notice was provided pursuant to subsection 3 after he or she enters into a plan of behavior pursuant to subsection 5, the pupil shall be deemed to have not successfully completed the plan of behavior and may be deemed a habitual disciplinary problem.

      7.  A pupil may, pursuant to the provisions of this section, enter into one plan of behavior per school year.

      8.  The parent or legal guardian of a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal to the board of trustees of the school district a determination made by the school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.

      (Added to NRS by 1997, 2489; A 1999, 2110; 2015, 424, 2034)

      NRS 392.4657  Conditions under which pupil deemed suspended.  A pupil shall be deemed suspended from school if the school in which the pupil is enrolled:

      1.  Prohibits the pupil from attending school for 3 or more consecutive days; and

      2.  Requires a conference or some other form of communication with the parent or legal guardian of the pupil before the pupil is allowed to return to school.

      (Added to NRS by 1999, 2110)

      NRS 392.466  Suspension or expulsion of pupil for battery on employee of school, possession of firearm or dangerous weapon, sale or distribution of controlled substance or status as habitual disciplinary problem; modification to suspension or expulsion requirement; limitations for pupils with disabilities.

      1.  Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although the pupil may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must be permanently expelled from that school and:

      (a) Enroll in a private school pursuant to chapter 394 of NRS, become an opt-in child or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      2.  Except as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although the pupil may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school and:

      (a) Enroll in a private school pursuant to chapter 394 of NRS, become an opt-in child or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      3.  Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil may be:

      (a) Suspended from the school for a period not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline; or

      (b) Expelled from the school under extraordinary circumstances as determined by the principal of the school.

      4.  If the pupil is expelled, or the period of the pupil’s suspension is for one school semester, the pupil must:

      (a) Enroll in a private school pursuant to chapter 394 of NRS, become an opt-in child or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      5.  The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to the suspension or expulsion requirement, as applicable, of subsection 1, 2 or 3 if such modification is set forth in writing.

      6.  This section does not prohibit a pupil from having in his or her possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

      7.  Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

      8.  A pupil who is participating in a program of special education pursuant to NRS 388.419, other than a pupil who receives early intervening services, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

      (a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

      (b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

      9.  As used in this section:

      (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (b) “Dangerous weapon” includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, a switchblade knife as defined in NRS 202.265, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

      (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

      10.  The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupil’s suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

      (Added to NRS by 1985, 1648; A 1987, 1550; 1989, 429; 1991, 628, 1364; 1993, 2161; 1995, 2710; 1997, 2489; 1999, 2113, 3317; 2001, 1022; 2003, 19th Special Session, 81; 2005, 1539; 2007, 1997, 3038; 2009, 756; 2015, 426, 1589, 1846, 2037)

      NRS 392.467  Suspension or expulsion of pupil: Procedure; limitation.

      1.  Except as otherwise provided in subsections 4 and 5, the board of trustees of a school district may authorize the suspension or expulsion of any pupil from any public school within the school district.

      2.  Except as otherwise provided in subsection 5, no pupil may be suspended or expelled until the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing, except that a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the school immediately upon being given an explanation of the reasons for his or her removal and pending proceedings, to be conducted as soon as practicable after removal, for the pupil’s suspension or expulsion.

      3.  The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such hearings must be closed to the public.

      4.  The board of trustees of a school district shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.

      5.  A pupil who is participating in a program of special education pursuant to NRS 388.419, other than a pupil who receives early intervening services, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

      (a) Suspended from school pursuant to this section for not more than 10 days.

      (b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

      [362:32:1956] — (NRS A 1959, 808; 1967, 457; 1975, 1471; 1977, 609; 1985, 1649; 1989, 73; 1991, 1365; 1993, 2162; 2009, 758)

      NRS 392.4675  Certain suspended or expelled pupils ineligible to attend public school; authority for school district or charter school to enroll ineligible pupil in alternative programs, independent study, distance education or charter school designated for pupils with disciplinary problems.

      1.  Except as otherwise provided in this section, a pupil who is suspended or expelled from:

      (a) Any public school in this State pursuant to NRS 392.466; or

      (b) Any school outside of this State for the commission of any act which, if committed within this State, would be a ground for suspension or expulsion from public school pursuant to NRS 392.466,

Ê is ineligible to attend any public school in this State during the period of that suspension or expulsion.

      2.  A school district or a charter school, if the charter school offers the applicable program, may allow a pupil who is ineligible to attend a public school pursuant to this section to enroll in:

      (a) An alternative program for the education of pupils at risk of dropping out of school provided pursuant to NRS 388.537;

      (b) A program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school;

      (c) A program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive; or

      (d) Any program of instruction offered pursuant to the provisions of NRS 388.550,

Ê if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program. A school district or charter school may conduct an investigation of the background of any such pupil to determine if the educational needs of the pupil may be satisfied without undue disruption to the program. If an investigation is conducted, the board of trustees of the school district or the governing body of the charter school shall, based on the results of the investigation, determine if the pupil will be allowed to enroll in such a program.

      3.  The provisions of subsections 1 and 2 do not prohibit a pupil from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupil’s suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

      (Added to NRS by 1993, 2306; A 1997, 2491; 2005, 1541; 2007, 1999)

CRISIS AND EMERGENCY RESPONSE IN PUBLIC SCHOOLS

      NRS 392.600  Definitions.  [Replaced in revision by NRS 388.229.]

 

      NRS 392.604  “Crisis” defined.  [Replaced in revision by NRS 388.231.]

 

      NRS 392.608  “Development committee” defined.  [Replaced in revision by NRS 388.232.]

 

      NRS 392.609  “Emergency” defined.  [Replaced in revision by NRS 388.233.]

 

      NRS 392.610  “Local organization for emergency management” defined.  [Replaced in revision by NRS 388.234.]

 

      NRS 392.612  “School committee” defined.  [Replaced in revision by NRS 388.235.]

 

      NRS 392.616  Development committee: Establishment by school districts and charter schools; membership; terms of members.  [Replaced in revision by NRS 388.241.]

 

      NRS 392.620  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.  [Replaced in revision by NRS 388.243.]

 

      NRS 392.624  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.  [Replaced in revision by NRS 388.245.]

 

      NRS 392.628  School committee: Establishment; membership; terms of members.  [Replaced in revision by NRS 388.247.]

 

      NRS 392.632  School committee: Annual review of plan prepared by development committee; determination whether to request deviation from plan; notice of review.  [Replaced in revision by NRS 388.249.]

 

      NRS 392.636  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.  [Replaced in revision by NRS 388.251.]

 

      NRS 392.640  State Board: Development of plan for management of crisis or emergency; authorized dissemination of plan prepared by State Board or development committee.  [Replaced in revision by NRS 388.253.]

 

      NRS 392.644  State Board: Adoption of regulations concerning development of plans in responding to crisis or emergency, review of proposed deviations and requirements for training.  [Replaced in revision by NRS 388.255.]

 

      NRS 392.648  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.  [Replaced in revision by NRS 388.257.]

 

      NRS 392.652  Confidentiality of plans, approved deviations and certain other information.  [Replaced in revision by NRS 388.259.]

 

      NRS 392.656  Inapplicability of Open Meeting Law to development committee, school committee and certain meetings of State Board related to crisis and emergency response.  [Replaced in revision by NRS 388.261.]

 

HOMESCHOOLED CHILDREN

      NRS 392.700  Notice of intent to homeschool; release of child’s records; participation in examinations; educational plan; discrimination prohibited.  [Replaced in revision by NRS 388D.010, 388D.020, 388D.030, 388D.040, 388D.050 and 388D.060.]

 

      NRS 392.705  Form for participation in programs and activities at public school or through Nevada Interscholastic Activities Association.  [Replaced in revision by NRS 388D.070.]

 

LITERACY REQUIREMENTS

      NRS 392.750  Written notice of deficiency in subject area of reading to parent or legal guardian of pupil in kindergarten or grade 1, 2 or 3. [Effective through June 30, 2019.]  If a pupil enrolled at a public elementary school in kindergarten or grade 1, 2 or 3 exhibits a deficiency in the subject area of reading based upon state or local assessments and the observations of the pupil’s teacher, the principal of the school must provide written notice of the deficiency to the parent or legal guardian of the pupil within 30 days after the date on which the deficiency is discovered. The written notice must, without limitation:

      1.  Identify the educational programs and services that the pupil will receive to improve the pupil’s proficiency in the subject area of reading, including, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3 that has been approved by the Department pursuant to NRS 388.157;

      2.  Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the proficiency of the pupil in the subject area of reading;

      3.  Include information regarding the English literacy development of a pupil who is limited English proficient; and

      4.  Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the English literacy of a pupil who is limited English proficient.

      (Added to NRS by 2015, 1862)

      NRS 392.750  Written notice of deficiency in subject area of reading to parent or legal guardian of pupil in kindergarten or grade 1, 2 or 3. [Effective July 1, 2019.]  If a pupil enrolled at a public elementary school in kindergarten or grade 1, 2 or 3 exhibits a deficiency in the subject area of reading based upon state or local assessments and the observations of the pupil’s teacher, the principal of the school must provide written notice of the deficiency to the parent or legal guardian of the pupil within 30 days after the date on which the deficiency is discovered. The written notice must, without limitation:

      1.  Identify the educational programs and services that the pupil will receive to improve the pupil’s proficiency in the subject area of reading, including, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3 that has been approved by the Department pursuant to NRS 388.157;

      2.  Explain that if the pupil does not achieve adequate proficiency in the subject area of reading before the completion of grade 3, the pupil will be retained in grade 3 rather than promoted to grade 4, unless the pupil receives a good-cause exemption pursuant to NRS 392.760;

      3.  Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the proficiency of the pupil in the subject area of reading;

      4.  Explain that the criterion-referenced examination in the subject area of reading administered pursuant to NRS 390.105 is not the only factor used to determine whether the pupil will be retained in grade 3 and that other options are available for the pupil to demonstrate proficiency if the pupil is eligible for a good-cause exemption pursuant to NRS 392.760;

      5.  Describe the policy and specific criteria adopted by the board of trustees of the school district or governing body of a charter school, as applicable, pursuant to NRS 392.765 regarding the promotion of a pupil to grade 4 at any time during the school year if the pupil is retained in grade 3 pursuant to NRS 392.760;

      6.  Include information regarding the English literacy development of a pupil who is limited English proficient; and

      7.  Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the English literacy of a pupil who is limited English proficient.

      (Added to NRS by 2015, 1862, effective July 1, 2019)

      NRS 392.755  Plan to monitor progress of pupil in subject area of reading; school that establishes plan required to assess proficiency of pupil in subject area of reading.

      1.  A public elementary school that has notified the parent or legal guardian of a pupil that, based upon the results of state or local assessments, it has been determined that the pupil has a deficiency in the subject area of reading pursuant to NRS 392.750 shall, within 30 days after providing such notice, establish a plan to monitor the progress of the pupil in the subject area of reading.

      2.  A plan to monitor the progress of a pupil in the subject area of reading must be established by the teacher of the pupil and any other relevant school personnel and approved by the principal of the school and the parent or legal guardian of the pupil. The plan must include a description of any intervention services that will be provided to the pupil to correct the deficiency and must include that the pupil will receive intensive instruction in reading to ensure the pupil achieves adequate proficiency in reading. Such instruction must include, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3 approved by the Department pursuant to NRS 388.157.

      3.  A school that establishes a plan to monitor the progress of a pupil in the subject area of reading shall assess the proficiency of the pupil in the subject area of reading at the beginning of the next school year after the plan is established pursuant to this section.

      (Added to NRS by 2015, 1862)

      NRS 392.760  Retention of pupil in grade 3 if pupil does not obtain certain score on criterion-referenced examination; good-cause exemptions; regulations. [Effective July 1, 2019.]

      1.  Except as otherwise provided in this section, a pupil enrolled in grade 3 must be retained in grade 3 rather than promoted to grade 4 if the pupil does not obtain a score in the subject area of reading on the criterion-referenced examination administered pursuant to NRS 390.105 that meets the passing score prescribed by the State Board pursuant to subsection 7.

      2.  The superintendent of schools of a school district or the governing body of a charter school, as applicable, may authorize the promotion of a pupil to grade 4 who would otherwise be retained in grade 3 only if the superintendent or governing body, as applicable, approves a good-cause exemption for the pupil upon a determination by the principal of the school pursuant to subsection 4 that the pupil is eligible for such an exemption.

      3.  A good-cause exemption must be approved for a pupil who previously was retained in grade 3. Any other pupil is eligible for a good-cause exemption if the pupil:

      (a) Demonstrates an acceptable level of proficiency in reading on an alternative standardized reading assessment approved by the State Board;

      (b) Demonstrates, through a portfolio of the pupil’s work, proficiency in reading at grade level, as evidenced by demonstration of mastery of the academic standards in reading beyond the retention level;

      (c) Is limited English proficient and has received less than 2 years of instruction in a program of instruction that teaches English as a second language;

      (d) Received intensive remediation in the subject area of reading for 2 or more years but still demonstrates a deficiency in reading and was previously retained in kindergarten or grade 1 or 2 for a total of 2 years;

      (e) Is a pupil with a disability and his or her individualized education program indicates that the pupil’s participation in the criterion-referenced examinations administered pursuant to NRS 390.105 is not appropriate; or

      (f) Is a pupil with a disability and:

             (1) He or she participates in the criterion-referenced examinations administered pursuant to NRS 390.105;

             (2) His or her individualized education program or plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, documents that the pupil has received intensive remediation in reading for more than 2 years, but he or she still demonstrates a deficiency in reading; and

             (3) He or she was previously retained in kindergarten or grade 1, 2 or 3.

      4.  The principal of a school in which a pupil who may be retained in grade 3 pursuant to subsection 1 is enrolled shall consider the factors set forth in subsection 3 and determine whether the pupil is eligible for a good-cause exemption. In making the determination, the principal must consider documentation provided by the pupil’s teacher indicating whether the promotion of the pupil is appropriate based upon the record of the pupil. Such documentation must only consist of the existing plan for monitoring the progress of the pupil, the pupil’s individualized education program, if applicable, and the pupil’s plan in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, if applicable. If the principal determines that promotion of the pupil to grade 4 is appropriate, the principal must submit a written recommendation to the superintendent of schools of the school district or to the governing body of the charter school, as applicable. The superintendent of schools or the governing body of the charter school, as applicable, shall approve or deny the recommendation of the principal and provide written notice of the approval or denial to the principal.

      5.  A principal who determines that a pupil is eligible for a good-cause exemption shall notify the parent or legal guardian of the pupil whether the superintendent of schools of the school district or the governing body of the charter school, as applicable, approves the good-cause exemption.

      6.  The principal of a school in which a pupil for whom a good-cause exemption is approved and who is promoted to grade 4 must ensure that the pupil continues to receive intensive instruction in the subject area of reading. Such instruction must include, without limitation, strategies based upon scientifically based research that will improve proficiency in the subject area of reading.

      7.  The State Board shall prescribe by regulation:

      (a) The score which a pupil enrolled in grade 3 must obtain in the subject area of reading on the criterion-referenced examination administered pursuant to NRS 390.105 to be promoted to grade 4 without a good-cause exemption; and

      (b) An alternate examination for administration to pupils enrolled in grade 3 who do not obtain the passing score in the subject area of reading on the criterion-referenced examination administered pursuant to NRS 390.105 and the passing score such a pupil must obtain on the alternate examination to be promoted to grade 4 without a good-cause exemption.

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

      (Added to NRS by 2015, 1863, effective July 1, 2019)

      NRS 392.765  Required action when pupil in grade 3 is retained; requirements for intensive instructional services in subject area of reading; policy concerning promotion of pupil retained in grade 3; placement of pupil in transitional instructional setting. [Effective July 1, 2019.]

      1.  If a pupil will be retained in grade 3 pursuant to NRS 392.760, the principal of the school must:

      (a) Provide written notice to the parent or legal guardian of the pupil that the pupil will be retained in grade 3. The written notice must include, without limitation, a description of the intensive instructional services in the subject area of reading that the pupil will receive to improve the proficiency of the pupil in that subject area.

      (b) Develop a plan to monitor the progress of the pupil in the subject area of reading.

      (c) Require the teacher of the pupil to develop a portfolio of the pupil’s work in the subject area of reading, which must be updated as necessary to reflect progress made by the pupil.

      (d) Ensure that the pupil receives intensive instructional services in the subject area of reading that are designed to improve the pupil’s proficiency in the subject area of reading, including, without limitation:

            (1) Programs and services included in the plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3 approved by the Department pursuant to NRS 388.157;

             (2) Instruction for at least 90 minutes each school day based upon scientifically based reading instruction research; and

             (3) Intensive instructional services prescribed by the board of trustees of the school district pursuant to subsection 2, as determined appropriate for the pupil.

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

      (a) Review and evaluate the plans for monitoring the progress of pupils developed pursuant to subsection 1.

      (b) Prescribe the intensive instructional services in the subject area of reading which the principal of a school must implement as determined appropriate for a pupil who is retained in grade 3 pursuant to NRS 392.760, which may include, without limitation:

             (1) Instruction that is provided in small groups;

             (2) Instruction provided in classes with reduced pupil-teacher ratios;

             (3) A timeline for frequently monitoring the progress of the pupil;

             (4) Tutoring and mentoring;

             (5) Classes which are designed to increase the ability of pupils to transition from grade 3 to grade 4;

             (6) Instruction provided through an extended school day, school week or school year;

             (7) Programs to improve a pupil’s proficiency in reading which are offered during the summer; or

             (8) Any combination of the services set forth in subparagraphs (1) to (7), inclusive.

      3.  Except as otherwise provided in subsection 4, the intensive instructional services in the subject area of reading required by this section must be provided to the pupil by a teacher:

      (a) Who is different than the teacher who provided instructional services to the pupil during the immediately preceding school year; and

      (b) Who has been determined to be highly effective, as demonstrated by pupil performance data and performance evaluations.

      4.  The intensive instructional services in the subject area of reading required by this section may be provided to the pupil by the same teacher who provided instructional services to the pupil during the immediately preceding school year if a different teacher who meets the requirements of paragraph (b) of subsection 3 is not reasonably available and the pupil:

      (a) Has an individualized education program; or

      (b) Is enrolled in a school district in a county whose population is less than 100,000.

      5.  The board of trustees of each school district and the governing body of a charter school, as applicable, shall develop a policy by which the principal of a school may promote a pupil who is retained in grade 3 pursuant to NRS 392.760 to grade 4 at any time during the school year if the pupil demonstrates adequate proficiency in the subject area of reading. The policy must include the specific criteria a pupil must satisfy to be eligible for promotion, including, without limitation, a reasonable expectation that the pupil’s progress will allow him or her to sufficiently master the requirements for a fourth-grade reading level. If a pupil is promoted after November 1 of a school year, he or she must demonstrate proficiency in reading at a level prescribed by the State Board.

      6.  If a principal of a school determines that a pupil is not academically ready for promotion to grade 4 after being retained in grade 3 and the pupil received intensive instructional services pursuant to this section, the school district in which the pupil is enrolled must allow the parent or legal guardian of the pupil to decide, in consultation with the principal of the school, whether to place the pupil in a transitional instructional setting which is designed to produce learning gains sufficient for the pupil to meet the performance standards required for grade 4 while continuing to receive remediation in the subject area of reading.

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

      (Added to NRS by 2015, 1864, effective July 1, 2019)

      NRS 392.770  Principal required to offer certain instructional options to parent or legal guardian of pupil retained in grade 3. [Effective July 1, 2019.]  In addition to the intensive instructional services provided to a pupil who is retained in grade 3 pursuant to NRS 392.760, the principal of the school must offer the parent or legal guardian of the pupil at least one of the following instructional options:

      1.  Supplemental tutoring which is based upon scientifically based research concerning reading instruction;

      2.  Providing the parent or legal guardian with a plan for reading with the pupil at home and participating in any workshops that may be available in the school district to assist the parent or legal guardian with reading with his or her child at home, as set forth in an agreement with the parent or legal guardian; or

      3.  Providing the pupil with a mentor or tutor who has received specialized training in teaching pupils how to read.

      (Added to NRS by 2015, 1866, effective July 1, 2019)

      NRS 392.775  Board of trustees of school district required to prepare, submit and post report concerning pupils retained in grade 3 or granted good-cause exemption. [Effective July 1, 2019.]  On or before September 1 of each year, the board of trustees of each school district shall:

      1.  Prepare a report concerning the number and percentage of pupils at each public school within the school district who were:

      (a) Retained in grade 3 pursuant to NRS 392.760 for a deficiency in the subject area of reading, including whether or not any such pupils were previously retained in kindergarten or grade 1 or 2; and

      (b) Not retained in grade 3 because a good-cause exemption was approved pursuant to NRS 392.760 but who were previously retained in kindergarten or grade 1 or 2 for a total of 2 years.

      2.  Submit a copy of the report to the Department.

      3.  Post the report on the Internet website maintained by the school district and otherwise make the report available to the parents and legal guardians of pupils enrolled in the school district and the general public.

      (Added to NRS by 2015, 1866, effective July 1, 2019)

MISCELLANEOUS PROVISIONS

      NRS 392.850  Provision of information to certain employees regarding unlawful conduct of pupil; immunity from liability under certain circumstances; confidentiality of information.

      1.  The board of trustees of a county school district, or its designee, shall inform each employee of the district, including teachers, other licensed employees, drivers of school buses, instructional aides and office managers, who may have consistent contact with a pupil if that pupil has, within the preceding 3 years, unlawfully caused or attempted to cause serious bodily injury to any person. The district shall provide this information based upon any written records that the district maintains or which it receives from a law enforcement agency or a court. The district need not initiate a request for such information from any source.

      2.  A school district and the members of its board of trustees are not liable for failure strictly to comply with this section if a good faith effort to comply is made.

      3.  Except as otherwise provided in NRS 239.0115, any information received by an employee pursuant to this section is confidential and must not be further disseminated by the employee.

      (Added to NRS by 1991, 981; A 1997, 1362; 2007, 2100)

      NRS 392.855  Policy for procedures to be followed by peace officers in arresting pupil on school grounds during school hours.  [Replaced in revision by NRS 391.283.]

 

      NRS 392.860  Employee of school district prohibited from disclosing certain information about status of pupil placed in foster home.  An employee of a school district, including, without limitation, a teacher, an administrator or an instructional aide, shall not disclose to any person who is not employed by the school district the fact that a pupil is a child who has been placed in a foster home or any related information.

      (Added to NRS by 2011, 654)

UNLAWFUL ACTS

      NRS 392.900  Interference with pupil attending school; penalty.

      1.  It is unlawful for any person, against the will of a pupil attending any public school, to beat, whip, detain or otherwise interfere with the pupil while the pupil is on his or her way to and from school.

      2.  Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.

      [407:32:1956] — (NRS A 1967, 566)

      NRS 392.910  Assaulting pupil or school employee; interference with persons peaceably assembled within school; penalties.

      1.  It is unlawful for any person to assault any pupil or school employee:

      (a) Within the building or grounds of the school;

      (b) On a bus, van or any other motor vehicle owned, leased or chartered by a school district to transport pupils or school employees; or

      (c) At a location where the pupil or school employee is involved in an activity sponsored by a public school.

Ê Except under circumstances described in paragraph (c) or (d) of subsection 2 of NRS 200.471 with respect to school employees or in NRS 200.571, any person who violates this subsection is guilty of a misdemeanor.

      2.  It is unlawful for any person maliciously in any manner to interfere with or disturb any persons peaceably assembled within a building of a public school for school district purposes. Any person who violates this subsection is guilty of a misdemeanor.

      3.  For the purposes of this section:

      (a) “Assault” has the meaning ascribed to it in NRS 200.471.

      (b) “Maliciously” has the meaning ascribed to it in NRS 193.0175.

      (c) “School employee” means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

      [408:32:1956] — (NRS A 1967, 566; 1979, 1617; 1993, 239; 2001 Special Session, 185; 2003, 2; 2015, 428)

      NRS 392.915  Threatening to cause bodily harm or death to pupil or school employee by means of oral, written or electronic communication; penalties.

      1.  A person shall not, through the use of any means of oral, written or electronic communication, including, without limitation, through the use of cyber-bullying, knowingly threaten to cause bodily harm or death to a pupil or employee of a school district or charter school with the intent to:

      (a) Intimidate, harass, frighten, alarm or distress a pupil or employee of a school district or charter school;

      (b) Cause panic or civil unrest; or

      (c) Interfere with the operation of a public school, including, without limitation, a charter school.

      2.  Unless a greater penalty is provided by specific statute, a person who violates the provisions of subsection 1 is guilty of:

      (a) A misdemeanor, unless the provisions of paragraph (b) apply to the circumstances.

      (b) A gross misdemeanor, if the threat causes:

             (1) Any pupil or employee of a school district or charter school who is the subject of the threat to be intimidated, harassed, frightened, alarmed or distressed;

             (2) Panic or civil unrest; or

             (3) Interference with the operation of a public school, including, without limitation, a charter school.

      3.  As used in this section:

      (a) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (b) “Oral, written or electronic communication” includes, without limitation, any of the following:

             (1) A letter, note or any other type of written correspondence.

             (2) An item of mail or a package delivered by any person or postal or delivery service.

             (3) A telegraph or wire service, or any other similar means of communication.

             (4) A telephone, cellular phone, satellite phone, page or facsimile machine, or any other similar means of communication.

             (5) A radio, television, cable, closed-circuit, wire, wireless, satellite or other audio or video broadcast or transmission, or any other similar means of communication.

             (6) An audio or video recording or reproduction, or any other similar means of communication.

             (7) An item of electronic mail, a modem or computer network, or the Internet, or any other similar means of communication.

      (Added to NRS by 2001 Special Session, 184; A 2009, 690)

      NRS 392.920  Employer prohibited from threatening or taking retaliatory action against parent for parent’s participation in certain school conferences and school-related activities; penalty; authorization for parent to file claim with Labor Commissioner.

      1.  It is unlawful for an employer or an agent of the employer to:

      (a) Terminate the employment of, or to demote, suspend or otherwise discriminate against, a person who, as the parent, guardian or custodian of a child:

             (1) Appears at a conference requested by an administrator of the school attended by the child;

             (2) Is notified during his or her work by a school employee of an emergency regarding the child; or

             (3) Takes leave pursuant to NRS 392.4577 if the employer is subject to the requirements of that section; or

      (b) Assert to the person that his or her appearance or prospective appearance at such a conference, the receipt of such a notification during his or her work or leave taken pursuant to NRS 392.4577 will result in the termination of his or her employment or a demotion, suspension or other discrimination in the terms and conditions of the person’s employment.

      2.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      3.  A person who is discharged from employment or who is demoted, suspended or otherwise discriminated against in violation of subsection 1 may file a claim or complaint with the Labor Commissioner. The employer shall provide the person who is discharged from employment or who is demoted, suspended or otherwise discriminated against with all the forms necessary to request such a claim or complaint. If the Labor Commissioner determines that the claim or complaint is valid and enforceable, the Labor Commissioner shall provide notice and opportunity for a hearing pursuant to NRS 607.205 to 607.215, inclusive.

      4.  If the Labor Commissioner issues a written decision in favor of the employee, the Labor Commissioner may award in addition to any remedies and penalties provided in chapters 607 and 608 of NRS:

      (a) Wages and benefits lost as a result of the violation;

      (b) An order of reinstatement without loss of position, seniority or benefits; and

      (c) Damages equal to the amount of the lost wages and benefits.

      (Added to NRS by 1989, 901; A 2009, 1247)