2005 Nevada Revised Statutes - Chapter 392 — Pupils
GENERAL PROVISIONS
NRS 392.010 Admissionof pupil from adjoining state or district; payment of tuition for pupilattending school in adjoining district or state; agreement for payment oftuition, transportation and other costs.
NRS 392.015 Admissionof pupil from Indian reservation in school nearest pupils residence;reimbursement for additional costs of transportation; exceptions.
NRS 392.016 Admissionof pupil with lawfully issued fictitious address.
NRS 392.017 Regulationsconcerning school choice for pupils enrolled in persistently dangerous schooland for pupils who are victims of violent offense while at school.
NRS 392.019 Paymentof tutoring or other educational services for child who is employed to work inentertainment industry.
NRS 392.025 Gradegiven to pupil by teacher: Restriction on change by board of trustees.
NRS 392.029 Compliancewith federal law governing access and confidentiality of education records andelicitation of information concerning pupils; written notice of rights toparents and guardians required.
NRS 392.033 Regulationsprescribing requirements for promotion to high school; effect of failure tocomply with requirements; evaluation of courses or credits completed by pupilwho transfers to junior high or middle school.
NRS 392.035 Formulafor determining mobility of pupils in school; Department to distribute form forsubmitting information necessary to formula.
ATTENDANCE
Compulsory and Excused Attendance; Retention
NRS 392.040 Attendancerequired for child between 7 and 17 years of age; minimum age required forkindergarten and first grade; waiver from attendance available for child 6years of age; developmental screening test required of certain children to determineplacement.
NRS 392.050 Attendanceexcused if child has physical or mental condition that prevents or rendersinadvisable his attendance or application to study; trustees to make availableto child with disability free appropriate public education.
NRS 392.060 Attendanceexcused upon completion of 12 grades of elementary and high school.
NRS 392.070 Childreceiving equivalent, approved instruction is exempt from compulsoryattendance; participation of private school pupils and homeschooled children inclasses and extracurricular activities; participation by homeschooled childrenin interscholastic sports.
NRS 392.075 Attendanceexcused if permission granted to take tests of general educational development.
NRS 392.080 Attendanceexcused for distant residence from nearest school.
NRS 392.090 Juvenilecourt may permit child who has completed eighth grade to leave school.
NRS 392.100 Attendanceexcused if child 14 years of age or older must support himself or his parent.
NRS 392.110 Childbetween 14 and 17 years of age who has completed eighth grade excused fromfull-time attendance for employment or apprenticeship; written permit required.
NRS 392.118 Accountingof attendance and tardiness on report cards of pupils.
NRS 392.122 Minimumattendance requirements; school district authorized to exempt medical absencesfrom requirements; notice and opportunity for parent to review absences beforecredit or promotion is denied; information to parents concerning duty tocomply.
NRS 392.125 Retentionof pupil in same grade: Requirements; limitation; exception for charterschools.
Advisory Board to Review School Attendance; Absence and Truancy
NRS 392.126 Advisoryboard: Creation in each county; membership; terms; payment of allowance andexpenses.
NRS 392.127 Advisoryboard: Board of trustees required to provide administrative support.
NRS 392.128 Advisoryboard: Duties; division into subcommittees; use of money; quarterly accountingof money to board of trustees.
NRS 392.130 Conditionsunder which pupil deemed truant; approval required for absence; notice ofunapproved absence to parent; applicability.
NRS 392.140 Conditionsunder which pupil declared habitual truant; applicability.
NRS 392.141 Applicabilityof NRS 392.144,
NRS 392.144 Dutiesof school if pupil is truant; reporting of habitual truant to law enforcementor referral to advisory board.
NRS 392.146 Contentsof written referral to advisory board; notice to parents or guardian.
NRS 392.147 Hearingby advisory board; written agreement for participation of pupil in certainprograms; reporting of pupil to law enforcement agency under certaincircumstances; confidentiality of information.
NRS 392.149 Issuanceof citation to habitual truant; applicability.
NRS 392.150 Attendanceofficer: Appointment; qualifications; compensation; duties.
NRS 392.160 Takinginto custody child reported absent from school; persons or counseling agency towhom child may be delivered.
Birth Certificates and Records of Attendance; Name for Enrollment
NRS 392.165 Documentsrequired for permanent enrollment; name under which child must be enrolled;notification to local law enforcement agency for failure to furnish documents.
NRS 392.167 Petitionfor court order permitting enrollment of child under name other than nameappearing on birth certificate or other identifying document.
Enforcement and Penalties
NRS 392.170 Investigationof charges against parent, guardian or custodian of child; written report.
NRS 392.180 Criminalcomplaint by board of trustees of school district or governing body of charterschool.
NRS 392.190 Criminalcomplaint by attendance officer.
NRS 392.200 Criminalcomplaint by taxpayer, school administrator or school officer.
NRS 392.210 Penaltyfor failure of parent, guardian or custodian of child to prevent subsequenttruancy; limitation for providers of foster care.
NRS 392.215 Falsestatement concerning age or attendance; false birth certificate or record ofattendance; refusal to furnish documents; penalty.
NRS 392.220 Abettingtruancy; unlawful employment; penalty; attendance officer or officer of schoolmay visit place of employment to ascertain compliance.
CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT FOR SEXUALOFFENSE OR SEXUALLY MOTIVATED ACT
NRS 392.251 Definitions.
NRS 392.254 Notificationdefined.
NRS 392.258 Offenderdefined.
NRS 392.2583 Sexualoffense defined.
NRS 392.2587 Sexuallymotivated act defined.
NRS 392.261 Victimdefined.
NRS 392.264 Offenderprohibited from attending school victim attends without court approval; duty ofsuperintendent of school district to negotiate agreement for attendance inanother school district; termination of agreement.
NRS 392.268 Reimbursementto school district for transportation costs incurred to send offender to schoolother than school victim attends.
NRS 392.271 Confidentialityof name of victim; immunity from liability if name released under certaincircumstances.
TRANSPORTATION
NRS 392.300 Transportationfor pupils may be furnished by trustees; regulations.
NRS 392.320 Useof certain money for procuring vehicles, drivers and insurance.
NRS 392.330 Transportationby common and private carrier; purchase of bus tickets for certain pupils;contracts and insurance.
NRS 392.340 Noadmission of liability for injury or death.
NRS 392.350 Paymentto parents or guardian in lieu of furnishing transportation; conditions.
NRS 392.360 Transportationof children to and from activities and programs; use and supervision ofvehicles; qualifications and restrictions for drivers.
NRS 392.375 Schoolbus transportation: Drills to practice evacuation; adoption and requirements ofsafety program; information to parents and guardians concerning school bussafety; regulations.
NRS 392.380 Drivers:Qualifications; training course; annual test; employment of pupils.
NRS 392.400 Condition,equipment and specifications of vehicle used for transportation of pupils;inspection; exemption; penalties.
NRS 392.410 Equipmentand identification of school bus; use of system of flashing red lights;inspection; penalties.
HEALTH AND SAFETY; PARENTAL INVOLVEMENT; SCHOOL UNIFORMS
NRS 392.420 Physicalexamination of pupils; qualification of person performing examination; noticeto parent or guardian of problem or defect; exemption from examination.
NRS 392.425 Authorizationfor pupil to self-administer medication for asthma or anaphylaxis; contents ofrequest; immunity from liability.
NRS 392.430 Sanitationand prevention of diseases: Authority of board of trustees of school districtsand governing bodies of charter schools.
NRS 392.435 Immunizationof pupils: Certificate prerequisite to enrollment; conditional enrollment;effect of failure to immunize; report to Health Division; inclusion ofcertificate in pupils record.
NRS 392.437 Immunizationof pupils: Exemption if prohibited by religious belief.
NRS 392.439 Immunizationof pupils: Exemption if prevented by medical condition.
NRS 392.443 Immunizationof pupils: Additional requirements imposed after enrollment; additionalcertificate required.
NRS 392.446 Immunizationof pupils: Protection of child exempt from immunization if dangerous diseaseexists in school.
NRS 392.448 Immunizationof pupils: Penalty for refusal to remove child from school when required bylaw.
NRS 392.450 Drillsto instruct pupils in appropriate procedures to be followed in event ofemergency; posting of escape routes; enforcement; penalty.
NRS 392.455 Devicesfor protection of eyes required in certain classes.
NRS 392.457 Adoptionof policies by State Board and boards of trustees concerning effectiveinvolvement by parents in support of their children; annual review andamendment of policies.
NRS 392.4575 Educationalinvolvement accords: Contents; accompanying information; policy by schooldistricts for development and distribution; annual review.
NRS 392.458 Authorizationto establish policy of uniforms for pupils and dress code for educationalpersonnel; financial assistance for pupils to purchase uniforms.
BEHAVIOR AND DISCIPLINE
General Provisions
NRS 392.461 Codeof honor relating to cheating; contents; distribution.
NRS 392.463 Adoptionof plan to ensure public schools are safe and free of controlled substances;written rules of behavior and punishments; distribution of plan and rules topupils; availability for inspection.
NRS 392.4633 Corporalpunishment prohibited.
NRS 392.4635 Policyfor prohibition of activities of criminal gangs on school property.
NRS 392.4637 Policyconcerning use and possession of pagers, cellular telephones and otherelectronic devices.
NRS 392.464 Adoptionand enforcement by trustees of disciplinary measures for pupil in possession ofalcoholic beverage or controlled substance on premises of school.
Temporary Alternative Placement
NRS 392.4642 Principaldefined.
NRS 392.4643 Actionstaken against pupils with disabilities.
NRS 392.4644 Planfor progressive discipline and on-site review of disciplinary decisions; annualreview and revision of plan; posting and availability of plan; written reportsby superintendent of schools, board of trustees and Superintendent of Public Instructionconcerning compliance with section.
NRS 392.4645 Removalof pupil from classroom: Notice; assignment to temporary alternative placement;exceptions.
NRS 392.4646 Removalof pupil from classroom: Conference; recommendation of principal.
NRS 392.4647 Establishmentof committee to review temporary alternative placement of pupils.
NRS 392.4648 Powersand duties of committee to review temporary alternative placement of pupils.
Habitual Disciplinary Problem; Suspension and Expulsion
NRS 392.4655 Conditionsunder which pupil deemed habitual disciplinary problem; plan of behavior toprevent pupil from being deemed habitual disciplinary problem.
NRS 392.4657 Conditionsunder which pupil deemed suspended.
NRS 392.466 Suspensionor expulsion of pupil for battery on employee of school, possession of firearmor dangerous weapon, sale or distribution of controlled substance or status ashabitual disciplinary problem; limitations for pupils with disabilities.
NRS 392.467 Suspensionor expulsion of pupil: Procedure; limitation.
NRS 392.4675 Certainsuspended or expelled pupils ineligible to attend public school; authority forschool district or charter school to enroll ineligible pupil in alternativeprograms, independent study, distance education or charter school designatedfor pupils with disciplinary problems.
CRISIS RESPONSE IN PUBLIC SCHOOLS
NRS 392.600 Definitions.
NRS 392.604 Crisisdefined.
NRS 392.608 Developmentcommittee defined.
NRS 392.612 Schoolcommittee defined.
NRS 392.616 Developmentcommittee: Establishment by school districts and charter schools; membership;terms of members.
NRS 392.620 Developmentcommittee: Development of plan to be used by schools in responding to crisis;submission of plan to board of trustees or governing body of charter school;compliance with plan required.
NRS 392.624 Annualreview and update of plan for responding to crisis; maintenance, posting anddistribution of plan; annual training for school employees in responding tocrisis; acceptance of gifts and grants.
NRS 392.628 Schoolcommittee: Establishment; membership; terms of members.
NRS 392.632 Schoolcommittee: Annual review of plan prepared by development committee;determination whether to request deviation from plan; notice of review.
NRS 392.636 Reviewby development committee of proposed deviation from plan; notice of approval ordenial; submission of copy of approved deviation to board of trustees orgoverning body.
NRS 392.640 StateBoard: Development of plan for management of crisis; authorized disseminationof plan prepared by State Board or development committee.
NRS 392.644 StateBoard: Adoption of regulations concerning development of plans in responding tocrisis, review of proposed deviations and requirements for training.
NRS 392.648 Dutiesof principal if crisis occurs at school; determination by local agency whethercrisis requires assistance from state agency; duties of Division of EmergencyManagement of Department of Public Safety.
NRS 392.652 Confidentialityof plans, approved deviations and certain other information.
NRS 392.656 Inapplicabilityof Open Meeting Law to development committee, school committee and certainmeetings of State Board related to crisis response.
MISCELLANEOUS PROVISIONS
NRS 392.850 Provisionof information to certain employees regarding unlawful conduct of pupil;immunity from liability under certain circumstances; confidentiality ofinformation.
NRS 392.855 Policyfor procedures to be followed by peace officers in arresting pupil on schoolgrounds during school hours.
UNLAWFUL ACTS
NRS 392.900 Interferencewith pupil attending school; penalty.
NRS 392.910 Disturbanceof school; assaulting pupil or school employee; interference with personspeaceably assembled within school; penalties.
NRS 392.915 Threateningto cause bodily harm or death to pupil or school employee by means of oral,written or electronic communication; penalties.
NRS 392.920 Terminatingor threatening to terminate employment of parent, guardian or custodian ofchild for appearance or notification concerning child; penalty; civil remedy.
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GENERAL PROVISIONS
NRS
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 schooldistrict any pupil or pupils living in an adjoining school district within thisState or in an adjoining state when the school district of residence in theadjoining state adjoins the receiving Nevada school district; or
(b) Pay tuition for pupils residing in the schooldistrict but who attend school in an adjoining school district within thisState or in an adjoining state when the receiving district in the adjoiningstate adjoins the school district of Nevada residence.
2. With the approval of the Superintendent of PublicInstruction, the board of trustees of the school district in which the pupil orpupils reside and the board of trustees of the school district in which thepupil or pupils attend school shall enter into an agreement providing for thepayment of such tuition as may be agreed upon, but transportation costs must bepaid by the board of trustees of the school district in which the pupil orpupils reside:
(a) If any are incurred in transporting a pupil orpupils to an adjoining school district within the State; and
(b) If any are incurred in transporting a pupil orpupils to an adjoining state, as provided by the agreement.
3. In addition to the provisions for the payment oftuition and transportation costs for pupils admitted to an adjoining schooldistrict as provided in subsection 2, the agreement may contain provisions forthe payment of reasonable amounts of money to defray the cost of operation,maintenance and depreciation of capital improvements which can be allocated tosuch pupils.
[360:32:1956](NRS A 1957, 300; 1959, 807; 1961, 40;1965, 100; 1979, 1613; 1981, 842; 1989, 1979; 1993, 2306; 1997, 428;
NRS
1. The board of trustees of a school district shall,upon application, allow any pupil who resides on an Indian reservation locatedin two or more counties to attend the school nearest to the pupils residence,without regard to the school district in which the pupils residence islocated. For the purposes of apportionment of money, if such a pupil attends aschool outside the county in which he resides, he must be counted as beingenrolled in the district in which he attends school.
2. A pupil who is allowed to attend a school outsidethe school district in which his residence is located pursuant to this sectionmust remain in that school for the full school year.
3. The school district which pays the additional costsof transporting a pupil pursuant to this section to a school outside the schooldistrict in which his residence is located is entitled to be reimbursed forthose costs. Such additional costs must be paid from the State DistributiveSchool Account in the State General Fund.
4. The provisions of this section do not apply to apupil who:
(a) Is ineligible to attend public school pursuant to
(b) Resides on an Indian reservation pursuant to an orderissued by a court of competent jurisdiction in another state adjudging thepupil to be delinquent and committing him to the custody of a public or privateinstitution or agency in this state.
(Added to NRS by 1989, 1978; A 1993, 2307)
NRS
1. If a pupil has been issued a fictitious addresspursuant to NRS 217.462 to
2. If a pupil described in subsection 1 attends apublic school that is located in a school district other than the schooldistrict in which the pupil resides:
(a) The pupil must be included in the count of pupilsof the school district in which the pupil attends school for the purposes ofapportionments and allowances from the State Distributive School Accountpursuant to NRS 387.121 to
(b) Neither the board of trustees of the schooldistrict in which the pupil attends school nor the board of trustees of theschool district in which the pupil resides is required to providetransportation for the pupil to attend the public school.
3. The provisions of this section do not apply to apupil who is ineligible to attend a public school pursuant to
(Added to NRS by
NRS
(Added to NRS by
NRS
1. Except as otherwise provided in this subsection, ifa child is exempt from compulsory attendance pursuant to
2. If such a child is exempt from compulsoryattendance pursuant to NRS 392.100 or
(Added to NRS by
NRS
(Added to NRS by 1989, 1103)
NRS
1. If a parent or legal guardian of a pupil requeststhe education records of the pupil, a public school shall comply with theprovisions of 20 U.S.C. 1232g(a) and 34 C.F.R. Part 99.
2. If a parent or legal guardian of a pupil reviewsthe education records of the pupil and requests an amendment or other change tothe education records, a public school shall comply with the provisions of 20U.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 toa person, agency or organization without the written consent of the parent orlegal guardian of the pupil.
4. If a public school administers a program whichincludes a survey, analysis or evaluation that is designed to elicit theinformation described in 20 U.S.C. 1232h, it must comply with the provisionsof that section.
5. A right accorded to a parent or legal guardian of apupil pursuant to the provisions of this section devolves upon the pupil on thedate on which he attains the age of 18 years.
6. A public school shall, at least annually, provideto each pupil who is at least 18 years of age and to a parent or legal guardianof each pupil who is not at least 18 years of age, written notice of his rightspursuant to this section.
7. The provisions of this section:
(a) Are intended to ensure that each public schoolcomplies with the provisions of 20 U.S.C. 1232g and 1232h;
(b) Must, to the extent possible, be construed in amanner that is consistent with 20 U.S.C. 1232g and 1232h, and theregulations adopted pursuant thereto;
(c) Apply to a public school regardless of whether theschool receives money from the Federal Government; and
(d) Do not impair any right, obligation or prohibitionestablished pursuant to chapter 432B of NRS.
8. The State Board may adopt such regulations as arenecessary to ensure that public schools comply with the provisions of thissection.
9. As used in this section, unless the contextotherwise requires, education records has the meaning ascribed to it in 20U.S.C. 1232g(a)(4).
(Added to NRS by 1997, 2528)
NRS
1. The State Board shall adopt regulations whichprescribe the courses of study required for promotion to high school, which mayinclude the credits to be earned.
2. The board of trustees of a school district shallnot promote a pupil to high school if the pupil does not complete the course ofstudy or credits required for promotion. The board of trustees of the schooldistrict in which the pupil is enrolled may provide programs to complete thecourses of study required for promotion to high school.
3. The board of trustees of each school district shalladopt a procedure for evaluating the course of study or credits completed by apupil who transfers to a junior high or middle school from a junior high ormiddle school in this State or from a school outside of this State.
(Added to NRS by 1997, 2488)
NRS
1. In determining the mobility of pupils in a school,for any purpose, the Department shall divide the sum of the following numbersby the cumulative enrollment in the school:
(a) The number of late entries or transfers into aschool from another school, school district or state, after the beginning ofthe school year;
(b) The number of pupils reentering the school afterhaving withdrawn from the same school; and
(c) The number of pupils who withdraw for any reason orwho are dropped for nonattendance.
2. To determine the cumulative enrollment of theschool pursuant to subsection 1, the Department shall add the total number ofpupils enrolled in programs of instruction in the school who are included inthe count for apportionment purposes pursuant to paragraphs (a) to (d),inclusive, (f) and (g) of subsection 1 of NRS387.123 and the number of pupils included in paragraphs (a) and (b) ofsubsection 1.
3. The Department shall develop and distribute to thecounty school districts a form upon which the information necessary to theformula may be submitted by the individual schools.
(Added to NRS by 1995, 1674; A
ATTENDANCE
Compulsory and Excused Attendance; Retention
NRS
1. Except as otherwise provided by law, each parent,custodial parent, guardian or other person in the State of Nevada havingcontrol or charge of any child between the ages of 7 and 17 years shall sendthe child to a public school during all the time the public school is insession in the school district in which the child resides.
2. A child who is 5 years of age on or beforeSeptember 30 of a school year may be admitted to kindergarten at the beginningof that school year, and his enrollment must be counted for purposes ofapportionment. If a child is not 5 years of age on or before September 30 of aschool year, the child must not be admitted to kindergarten.
3. Except as otherwise provided in subsection 4, achild who is 6 years of age on or before September 30 of a school year must:
(a) If he has not completed kindergarten, be admittedto kindergarten at the beginning of that school year; or
(b) If he has completed kindergarten, be admitted tothe first grade at the beginning of that school year,
and hisenrollment must be counted for purposes of apportionment. If a child is not 6years of age on or before September 30 of a school year, the child must not beadmitted to the first grade until the beginning of the school year followinghis sixth birthday.
4. The parents, custodial parent, guardian or otherperson within the State of Nevada having control or charge of a child who is 6years of age on or before September 30 of a school year may elect for the childnot to attend kindergarten or the first grade during that year. The parents,custodial parent, guardian or other person who makes such an election shallfile with the board of trustees of the appropriate school district a waiver ina form prescribed by the board.
5. Whenever a child who is 6 years of age is enrolledin a public school, each parent, custodial parent, guardian or other person inthe State of Nevada having control or charge of the child shall send him to thepublic school during all the time the school is in session. If the board oftrustees of a school district has adopted a policy prescribing a minimum numberof days of attendance for pupils enrolled in kindergarten or first gradepursuant to NRS 392.122, the schooldistrict shall provide to each parent and legal guardian of a pupil who electsto enroll his child in kindergarten or first grade a written documentcontaining a copy of that policy and a copy of the policy of the school districtconcerning the withdrawal of pupils from kindergarten or first grade. Beforethe childs first day of attendance at a school, the parent or legal guardianshall sign a statement on a form provided by the school district acknowledgingthat he has read and understands the policy concerning attendance and thepolicy concerning withdrawal of pupils from kindergarten or first grade. Theparent 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 7years who has not yet been enrolled or has been formally withdrawn fromenrollment in public school.
6. A child who is 7 years of age on or beforeSeptember 30 of a school year must:
(a) If he has completed kindergarten and the firstgrade, be admitted to the second grade.
(b) If he has completed kindergarten, be admitted tothe first grade.
(c) If the parents, custodial parent, guardian or otherperson in the State of Nevada having control or charge of the child waived thechilds attendance from kindergarten pursuant to subsection 4, undergo anassessment by the district pursuant to subsection 7 to determine whether thechild is prepared developmentally to be admitted to the first grade. If thedistrict determines that the child is prepared developmentally, he must beadmitted to the first grade. If the district determines that the child is notso prepared, he must be admitted to kindergarten.
Theenrollment of any child pursuant to this subsection must be counted for apportionmentpurposes.
7. Each school district shall prepare and administerbefore the beginning of each school year a developmental screening test to achild:
(a) Who is 7 years of age on or before September 30 ofthe next school year; and
(b) Whose parents waived his attendance fromkindergarten pursuant to subsection 4,
to determinewhether the child is prepared developmentally to be admitted to the firstgrade. The results of the test must be made available to the parents, custodialparent, guardian or other person within the State of Nevada having control orcharge of the child.
8. A child who becomes a resident of this State aftercompleting kindergarten or beginning first grade in another state in accordancewith the laws of that state may be admitted to the grade he was attending orwould be attending had he remained a resident of the other state regardless ofhis age, unless the board of trustees of the school district determines thatthe requirements of this section are being deliberately circumvented.
9. As used in this section, kindergarten includes:
(a) A kindergarten established by the board of trusteesof a school district pursuant to NRS 388.060;
(b) A kindergarten established by the governing body ofa charter school; and
(c) An authorized program of instruction forkindergarten offered in a childs home pursuant to
[363:32:1956](NRS A 1957, 304; 1971, 170; 1975, 49;1979, 818; 1989, 217; 1997, 1724;
NRS
1. A child must be excused from attendance required bythe provisions of NRS 392.040 whensatisfactory written evidence is presented to the board of trustees of theschool district in which the child resides that the childs physical or mentalcondition is such as to prevent or render inadvisable his attendance at schoolor his application to study.
2. A certificate in writing from any qualifiedphysician acting within his authorized scope of practice, filed with the boardof trustees immediately after its receipt, stating that the child is not ableto attend school or that his attendance is inadvisable must be taken assatisfactory evidence by the board of trustees.
3. A board of trustees of a school district which hasexcused from attendance pursuant to subsection 1 a child who, pursuant to
[364:32:1956](NRS A 1995, 260)
NRS
[365:32:1956]
NRS
1. Attendance required by the provisions of
2. The board of trustees of each school district shallprovide programs of special education and related services for homeschooledchildren. The programs of special education and related services required bythis section must be made available:
(a) Only if a child would otherwise be eligible forparticipation in programs of special education and related services pursuant toNRS 388.440 to
(b) In the same manner that the board of trusteesprovides, as required by 20 U.S.C. 1412, for the participation of pupils withdisabilities who are enrolled in private schools within the school districtvoluntarily by their parents or legal guardians; and
(c) In accordance with the same requirements set forthin 20 U.S.C. 1412 which relate to the participation of pupils withdisabilities who are enrolled in private schools within the school districtvoluntarily by their parents or legal guardians.
3. Except as otherwise provided in subsection 2 forprograms of special education and related services, upon the request of aparent or legal guardian of a child who is enrolled in a private school or aparent or legal guardian of a homeschooled child, the board of trustees of theschool district in which the child resides shall authorize the child toparticipate in a class that is not available to the child at the private schoolor home school or to participate in an extracurricular activity, excludingsports, at a public school within the school district if:
(a) Space for the child in the class or extracurricularactivity is available; and
(b) The parent or legal guardian demonstrates to thesatisfaction of the board of trustees that the child is qualified toparticipate in the class or extracurricular activity.
If the boardof trustees of a school district authorizes a child to participate in a classor extracurricular activity, excluding sports, pursuant to this subsection, theboard of trustees is not required to provide transportation for the child toattend the class or activity. A homeschooled child must be allowed toparticipate in interscholastic activities and events governed by an associationpursuant to NRS 386.420 to
4. The board of trustees of a school district mayrevoke its approval for a pupil to participate in a class or extracurricularactivity at a public school pursuant to subsection 3 if the board of trusteesor the public school determines that the pupil has failed to comply withapplicable statutes, or applicable rules and regulations of the board oftrustees. If the board of trustees revokes its approval, neither the board oftrustees nor the public school is liable for any damages relating to the denialof services to the pupil.
5. In addition to those interscholastic activities andevents governed by an association pursuant to NRS386.420 to 386.470, inclusive,homeschooled children must be allowed to participate in interscholasticactivities and events, including sports. A homeschooled child who participatesin interscholastic activities and events at a public school pursuant to thissubsection must participate within the school district of the childs residencethrough the public school which the child is otherwise zoned to attend. Anyrules or regulations that apply to pupils enrolled in public schools whoparticipate in interscholastic activities and events, including sports, applyin the same manner to homeschooled children who participate in interscholasticactivities 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 ofparticipants; and
(k) Disciplinary procedures.
6. If a homeschooled child participates ininterscholastic activities and events pursuant to subsection 5:
(a) No challenge may be brought by an association, aschool district, a public school or a private school, a parent or guardian of apupil enrolled in a public school or a private school, a pupil enrolled in apublic school or a private school, or any other entity or person claiming thatan interscholastic activity or event is invalid because the homeschooled childis allowed to participate.
(b) Neither the school district nor a publicschool may prescribe any regulations, rules, policies, procedures orrequirements governing the eligibility or participation of the homeschooledchild that are more restrictive than the provisions governing the eligibilityand participation of pupils enrolled in public schools.
7. The programs of special education and relatedservices required by subsection 2 may be offered at a public school or anotherlocation that is appropriate.
8. The Department may adopt such regulations as arenecessary for the boards of trustees of school districts to provide theprograms of special education and related services required by subsection 2.
9. As used in this section, related services has themeaning ascribed to it in 20 U.S.C. 1401(22).
[366:32:1956](NRS A
NRS
(Added to NRS by
NRS
[367:32:1956](NRS A 1959, 808; 1979, 1613)
NRS
[368:32:1956](NRS A 1991, 2185;
NRS
[369:32:1956]
NRS
1. Any child between the ages of 14 and 17 years whohas completed the work of the first eight grades may be excused from full-timeschool attendance and may be permitted to enter proper employment orapprenticeship, by the written authority of the board of trustees excusing thechild from such attendance. The boards written authority shall state thereason or reasons for such excuse.
2. In all such cases no employer or other person shallemploy or contract for the services or time of such child until the childpresents a written permit therefor from the attendance officer or board oftrustees. The permit shall be kept on file by the employer, and upon thetermination of employment shall be returned by the employer to the board oftrustees or other authority issuing it.
[370:32:1956](NRS A 1957, 304; 1979, 1614)
NRS
(Added to NRS by 1997, 2834)
NRS
1. The board of trustees of each school district shallprescribe a minimum number of days that a pupil who is subject to compulsoryattendance and enrolled in a school in the district must be in attendance forthe pupil to obtain credit or to be promoted to the next higher grade. Theboard of trustees of a school district may adopt a policy prescribing a minimumnumber of days that a pupil who is enrolled in kindergarten or first grade inthe school district must be in attendance for the pupil to obtain credit or tobe promoted to the next higher grade.
2. For the purposes of this section, the days on whicha pupil is not in attendance because the pupil is absent for up to 10 dayswithin 1 school year with the approval of the teacher or principal of theschool pursuant to NRS 392.130, must becredited towards the required days of attendance if the pupil has completedcourse-work requirements. If the board of trustees of a school district hasadopted a policy pursuant to subsection 5, the 10-day limitation on absencesdoes 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 forfailure to comply with the attendance requirements prescribed pursuant tosubsection 1, the principal of the school in which the pupil is enrolled or hisdesignee shall provide written notice of the intended denial to the parent orlegal guardian of the pupil. The notice must include a statement indicatingthat the pupil and his parent or legal guardian may request a review of theabsences of the pupil and a statement of the procedure for requesting such areview. Upon the request for a review by the pupil and his parent or legalguardian, the principal or his designee shall review the reason for eachabsence of the pupil upon which the intended denial of credit or promotion isbased. After the review, the principal or his designee shall credit towards therequired days of attendance each day of absence for which:
(a) There is evidence or a written affirmation by theparent or legal guardian of the pupil that the pupil was physically or mentallyunable to attend school on the day of the absence; and
(b) The pupil has completed course-work requirements.
4. A pupil and his parent or legal guardian may appeala decision of a principal or his designee pursuant to subsection 3 to the boardof trustees of the school district in which the pupil is enrolled.
5. The board of trustees of a school district mayadopt a policy to exempt pupils who are physically or mentally unable to attendschool from the limitations on absences set forth in subsection 1. If a boardof trustees adopts a policy pursuant to this subsection:
(a) A pupil who receives an exemption pursuant to thissubsection is not exempt from the minimum number of days of attendance prescribedpursuant to subsection 1.
(b) The days on which a pupil is physically or mentallyunable to attend school must be credited towards the required days ofattendance if the pupil has completed course-work requirements.
(c) The procedure for review of absences set forth insubsection 3 does not apply to days on which the pupil is absent because thepupil is physically or mentally unable to attend school.
6. A school shall inform the parents or legal guardianof each pupil who is enrolled in the school that the parents or legal guardianand the pupil are required to comply with the provisions governing theattendance and truancy of pupils set forth in NRS392.040 to 392.160, inclusive, andany other rules concerning attendance and truancy adopted by the board oftrustees of the school district.
(Added to NRS by 1997, 2488; A
NRS
1. Except as otherwise provided in subsection 4,before any pupil enrolled in a public school may be retained in the same graderather than promoted to the next higher grade for the succeeding school year,the pupils teacher and principal must make a reasonable effort to arrange ameeting and to meet with his parents or guardian to discuss the reasons andcircumstances.
2. The teacher and the principal in joint agreementhave the final authority to retain a pupil in the same grade for the succeedingschool year.
3. Except as otherwise provided in subsection 2 of
4. This section does not apply to the academicretention of pupils who are enrolled in a charter school.
(Added to NRS by 1979, 818; A 1981, 871; 1997, 1873;
Advisory Board to Review School Attendance; Absence andTruancy
NRS
1. There is hereby created in each county at least oneadvisory board to review school attendance. The membership of each such boardmay consist of:
(a) One probation officer in the county who works oncases relating to juveniles, appointed by the judge or judges of the juvenilecourt of the county;
(b) One representative of a law enforcement agency inthe county who works on cases relating to juveniles, appointed by the judge orjudges of the juvenile court of the county;
(c) One representative of the district attorney for thecounty, appointed by the district attorney;
(d) One parent or legal guardian of a pupil who isenrolled in a public school in the county, or his designee or alternate who isalso a parent or legal guardian, appointed by the president of the board oftrustees of the school district;
(e) One member of the board of trustees of the schooldistrict, appointed by the president of the board of trustees;
(f) One school counselor or school teacher employed bythe school district, appointed by an organization or association thatrepresents licensed educational personnel in the school district;
(g) One deputy sheriff in the county, appointed by thesheriff of the county; and
(h) One representative of the agency which provideschild welfare services, as defined in NRS432B.030.
2. The members of each such board shall elect achairman from among their membership.
3. Each member of such a board must be appointed for aterm of 2 years. A vacancy in the membership of the board must be filled in thesame manner as the original appointment for the remainder of the unexpiredterm.
4. Each member of such a board serves withoutcompensation, except that, for each day or portion of a day during which amember of the board attends a meeting of the board or is otherwise engaged inthe business of the board, he is entitled to receive the per diem allowance andtravel expenses provided for state officers and employees generally. The boardof trustees of the school district shall pay the per diem allowance and travelexpenses from the general fund of the school district.
(Added to NRS by 1997, 2834; A
NRS
(Added to NRS by 1997, 2834; A
NRS
1. Each advisory board to review school attendancecreated pursuant to NRS 392.126 shall:
(a) Review the records of the attendance and truancy ofpupils submitted to the advisory board to review school attendance by the boardof trustees of the school district pursuant to subsection 7 of
(b) Identify factors that contribute to the truancy ofpupils in the school district;
(c) Establish programs to reduce the truancy of pupilsin the school district;
(d) At least annually, evaluate the effectiveness ofthose programs;
(e) Establish a procedure for schools and schooldistricts for the reporting of the status of pupils as habitual truants; and
(f) Inform the parents and legal guardians of thepupils who are enrolled in the schools within the district of the policies andprocedures adopted pursuant to the provisions of this section.
2. The chairman of an advisory board may divide theadvisory board into subcommittees. The advisory board may delegate one or moreof the duties of the advisory board to a subcommittee of the advisory board,including, without limitation, holding hearings pursuant to
3. An advisory board to review school attendancecreated in a county pursuant to NRS 392.126may use money appropriated by the Legislature and any other money madeavailable to the advisory board for the use of programs to reduce the truancyof pupils in the school district. The advisory board to review school attendanceshall, on a quarterly basis, provide to the board of trustees of the schooldistrict an accounting of the money used by the advisory board to review schoolattendance to reduce the truancy of pupils in the school district.
(Added to NRS by 1997, 2835; A
NRS
1. Within the meaning of this chapter, a pupil shallbe deemed a truant who is absent from school without the written approval ofhis teacher or the principal of the school, unless the pupil is physically ormentally unable to attend school. The teacher or principal shall give hiswritten approval for a pupil to be absent if an emergency exists or upon therequest of a parent or legal guardian of the pupil. Before a pupil may attendor otherwise participate in school activities outside the classroom duringregular classroom hours, he must receive the approval of the teacher orprincipal.
2. An unapproved absence for at least one period, orthe equivalent of one period for the school, of a school day may be deemed atruancy for the purposes of this section.
3. If a pupil is physically or mentally unable toattend school, the parent or legal guardian or other person having control orcharge of the pupil shall notify the teacher or principal of the school orallyor in writing, in accordance with the policy established by the board oftrustees of the school district, within 3 days after the pupil returns toschool.
4. An absence which has not been approved pursuant tosubsection 1 or 3 shall be deemed an unapproved absence. In the event of anunapproved absence, the teacher, attendance officer or other school officialshall deliver or cause to be delivered a written notice of truancy to theparent, legal guardian or other person having control or charge of the child.The written notice must be delivered to the parent, legal guardian or otherperson who has control of the child. The written notice must inform the parentsor legal guardian of such absences in a form specified by the Department.
5. As used in this section, physically or mentallyunable to attend does not include a physical or mental condition for which apupil is excused pursuant to NRS 392.050.
6. Notwithstanding the provisions of
[372:32:1956](NRS A 1985, 2168; 1987, 158; 1997,2835; 1999, 3456)
NRS
1. Any child who has been declared a truant three ormore times within one school year must be declared a habitual truant.
2. Any child who has once been declared a habitualtruant and who in an immediately succeeding year is absent from school withoutthe written:
(a) Approval of his teacher or the principal of theschool pursuant to subsection 1 of NRS 392.130;or
(b) Notice of his parent or legal guardian or otherperson who has control or charge over the pupil pursuant to subsection 3 of
may again bedeclared a habitual truant.
3. Notwithstanding the provisions of
[373:32:1956](NRS A 1997, 2836;
NRS
(Added to NRS by
NRS
1. If a pupil has one or more unapproved absences fromschool, the school in which the pupil is enrolled shall take reasonable actionsdesigned, as applicable, to encourage, enable or convince the pupil to attendschool.
2. If a pupil is a habitual truant pursuant to
(a) Report the pupil to a school police officer or tothe local law enforcement agency for investigation and issuance of a citation,if warranted, in accordance with NRS 392.149;or
(b) If the parent or legal guardian of a pupil hassigned a written consent pursuant to subsection 4, submit a written referral ofthe pupil to the advisory board to review school attendance in the county inaccordance with NRS 392.146.
3. The board of trustees of each school district shalladopt criteria to determine whether the principal of a school shall report apupil to a school police officer or law enforcement agency pursuant toparagraph (a) of subsection 2 or refer a pupil to an advisory board to reviewschool attendance pursuant to paragraph (b) of subsection 2.
4. If the principal of a school makes an initialdetermination to submit a written referral of a pupil to the advisory board toreview school attendance, the principal shall notify the parent or legalguardian of the pupil and request the parent or legal guardian to sign awritten consent that authorizes the school and, if applicable, the schooldistrict to release the records of the pupil to the advisory board to the extentthat such release is necessary for the advisory board to carry out its dutiespursuant to NRS 392.146 and
(Added to NRS by
NRS
1. The name and address of the pupil referred;
2. A written explanation of the reason for thereferral;
3. A summary of the provisions of
4. The address and telephone number of the advisoryboard to review school attendance.
(Added to NRS by
NRS
1. If an advisory board to review school attendancereceives a written referral of a pupil pursuant to
(a) The parent or legal guardian of a pupil who hasbeen referred to the advisory board or any other person that the advisory boardconsiders necessary to the hearing.
(b) A pupil who has been referred to the advisoryboard.
2. If a pupil and his parents or legal guardian do notattend the hearing, the chairman of the advisory board shall report the pupilto a school police officer or to the appropriate local law enforcement agencyfor investigation and issuance of a citation, if warranted in accordance with
3. If an advisory board to review school attendancedetermines that the status of a pupil as a habitual truant can be adequatelyaddressed through participation by the pupil in programs and services availablein the community, the advisory board shall order the pupil to participate insuch programs and services. If the pupil does not agree to participate in suchprograms and services, the chairman of the advisory board shall report thepupil to a school police officer or to the appropriate local law enforcementagency for investigation and issuance of a citation, if warranted in accordancewith NRS 392.149. If the pupil agrees toparticipate in such programs and services, the advisory board, the pupil andthe parents or legal guardian of the pupil shall enter into a written agreementthat:
(a) Sets forth the findings of the advisory board;
(b) Sets forth the terms and conditions of the pupilsparticipation in the programs and services designated by the advisory board;and
(c) Adequately informs the pupil and his parents orlegal guardian that if the pupil or his parents or legal guardian do not complywith the terms of the written agreement, the chairman of the advisory board islegally obligated to report the pupil to a school police officer or to theappropriate local law enforcement agency for investigation and issuance of acitation, if warranted in accordance with NRS392.149.
The parentsor legal guardian of the pupil shall, upon the request of the advisory board,provide proof satisfactory to the advisory board that the pupil isparticipating in the programs and services set forth in the written agreement.
4. The chairman of an advisory board to review schoolattendance shall report a pupil to a school police officer or to theappropriate local law enforcement agency if:
(a) The pupil and his parents or legal guardian fail toattend a hearing set by the advisory board pursuant to subsection 1;
(b) The advisory board determines that the status of apupil as a habitual truant cannot be adequately addressed by requiring thepupil to participate in programs and services available in the community;
(c) The pupil does not consent to participation inprograms and services pursuant to subsection 3; or
(d) The pupil or his parents or legal guardian violatesthe terms of the written agreement entered into pursuant to subsection 3.
5. If the chairman of an advisory board makes such areport to a school police officer or local law enforcement agency, the chairmanshall:
(a) Submit to the school police officer or lawenforcement agency, as applicable, written documentation of all efforts made bythe advisory board to address the status of the pupil as a habitual truant; and
(b) Make recommendations to the school police officeror law enforcement agency, as applicable, regarding the appropriate dispositionof the case.
6. If the parents or legal guardian of a pupil enterinto a written agreement pursuant to this section, the parents or legalguardian may appeal to the board of trustees of the school district adetermination made by the advisory board concerning the contents of the writtenagreement. Upon receipt of such a request, the board of trustees of the schooldistrict shall review the determination in accordance with the procedureestablished by the board of trustees for such matters.
7. The board of trustees of each school district shalladopt policies and rules to protect the confidentiality of the deliberations,findings and determinations made by an advisory board and informationconcerning a pupil and the family of a pupil. An advisory board shall notdisclose information concerning the records of a pupil or services provided toa pupil or his family unless the disclosure is specifically authorized bystatute or by the policies and rules of the board of trustees and is necessaryfor the advisory board to carry out its duties.
(Added to NRS by
NRS
1. Upon receipt of a report pursuant to
2. A copy of the citation must be delivered to thepupil and to the parent, guardian or any other person who has control or chargeof the pupil by:
(a) The local law enforcement agency;
(b) A school police officer employed by the board oftrustees of the school district; or
(c) An attendance officer appointed by the board oftrustees of the school district.
3. The citation must be in the form prescribed formisdemeanor citations in NRS 171.1773.
4. Notwithstanding the provisions of
(Added to NRS by 1997, 2835; A
NRS
1. Appoint an attendance officer, who need not be alicensed employee of the school district, except that in any school districtwhere a system of classified employment is in effect, attendance officers mustbe classified employees of the school district.
2. Fix his compensation.
3. Prescribe his duties.
4. Adopt regulations not inconsistent with law for theperformance of his duties.
[374:32:1956](NRS A 1959, 595; 1973, 719; 1987,1013)
NRS
1. Any peace officer, the attendance officer or any otherschool officer shall, during school hours, take into custody without warrant:
(a) Any child between the ages of 7 and 17 years; and
(b) Any child who has arrived at the age of 6 years butnot at the age of 7 years and is enrolled in a public school,
who has beenreported to him by the teacher, superintendent of schools or other schoolofficer as an absentee from instruction upon which he is lawfully required toattend.
2. Any peace officer, the attendance officer or anyother school officer shall, during school hours, take into custody withoutwarrant any child who is 17 years of age or older but less than 18 years of ageif:
(a) The child is enrolled in a public school; and
(b) A teacher, superintendent of schools or otherschool officer has reported the child as absent from instruction.
3. Except as otherwise provided in subsection 4:
(a) During school hours, the officer having custodyshall forthwith deliver the child to the superintendent of schools, principalor other school officer at the childs school of attendance.
(b) After school hours, the officer having custodyshall deliver the child to the parent, guardian or other person having controlor charge of the child.
4. The board of trustees of a school district or thegoverning body of a charter school may enter into an agreement with acounseling agency to permit delivery of the child to the agency. For thepurposes of this subsection, counseling agency means an agency designated bythe school district in which the child is enrolled to provide counseling forthe child and the parent, guardian or other person having control or charge ofthe child.
[375:32:1956](NRS A 1957, 305; 1979, 819, 1614;1989, 70; 1997, 1874; 1999,3458)
Birth Certificates and Records of Attendance; Name forEnrollment
NRS
1. The board of trustees of a school district and thegoverning body of a charter school shall not allow a child to be permanentlyenrolled in any school in the district or any charter school until the parentor guardian of the child furnishes a birth certificate or other documentsuitable as proof of the childs identity and, if applicable, a copy of thechilds records from the school he most recently attended.
2. Except as otherwise provided in subsection 3, achild must be enrolled in a school under his name as it appears in theidentifying document or records required by subsection 1, unless the parent orguardian furnishes a court order or decree authorizing a change of name ordirecting the board of trustees of the school district or the governing body ofa charter school to enroll the child under a name other than the name whichappears in the identifying document or records.
3. A child who is in the custody of the agency whichprovides child welfare services, as defined in
4. If the parent or guardian fails to furnish theidentifying document or records required by subsection 1 within 30 days afterthe child is conditionally enrolled, the principal, superintendent or governingbody of a charter school shall notify the local law enforcement agency andrequest 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; 2001Special Session, 21)
NRS
(Added to NRS by 1987, 212; A 1993, 2307; 1997, 1875)
Enforcement and Penalties
NRS
1. Make a full and impartial investigation of allcharges against parents, guardians or other persons having control or charge ofany child who is 17 years of age or younger for violation of any of theprovisions of NRS 392.040 to
2. Make and file a written report of the investigationand the findings thereof in the records of the board.
[376:32:1956](NRS A 1997, 1875, 2836;
NRS
[377:32:1956](NRS A 1997, 1875, 2836;
NRS
[378:32:1956]
NRS
[379:32:1956](NRS A 1997, 2837)
NRS
1. Except as otherwise provided in subsection 2, aparent, guardian or other person who has control or charge of any child and towhom notice has been given of the childs truancy as provided in
2. A person who is licensed pursuant to
[380:32:1956](NRS A 1967, 565;
NRS
1. Makes a false statement concerning the age orattendance at school;
2. Presents a false birth certificate or record ofattendance 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 alocal law enforcement agency conducting an investigation in response tonotification pursuant to subsection 4 of NRS392.165,
of a childunder 17 years of age who is under his control or charge, is guilty of amisdemeanor.
[371:32:1956](NRS A 1957, 304; 1967, 565; 1985,2168; 1987, 213)
NRS
1. Any person who induces or attempts to induce anychild to be absent from school unlawfully, or who knowingly employs or harbors,while school is in session, any child absent unlawfully from school, is guiltyof a misdemeanor.
2. The attendance officer or any other school officeris empowered to visit any place or establishment where minor children areemployed to ascertain whether the provisions of this title of NRS are compliedwith fully, and may demand from all employers of such children a list ofchildren employed, with their names and ages.
[381:32:1956](NRS A 1967, 565)
CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT FOR SEXUALOFFENSE OR SEXUALLY MOTIVATED ACT
NRS
(Added to NRS by 1997, 426; A
NRS
(Added to NRS by 1997, 426; A
NRS
(Added to NRS by 1997, 426; A
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by 1997, 427; A
NRS
1. If a superintendent of a school district receivesnotification and a victim identified in the notification is a pupil in theschool district, the superintendent shall not permit an offender who is subjectto the provisions of NRS 62F.100 to
(a) An alternative plan of supervision is approved bythe court pursuant to NRS 62F.130; or
(b) An alternative plan of attendance is approved bythe court pursuant to NRS 62F.140.
2. If the court does not approve an alternative planof supervision or an alternative plan of attendance for the offender and theschool district in which the offender resides does not have another publicschool in the district for the offender to attend, the superintendent of theschool district shall negotiate an agreement with:
(a) The superintendent of an adjoining school districtwithin this state for the offender to attend a public school in that adjoiningschool district; or
(b) The superintendent, or another appropriateadministrator, of an adjoining school district in an adjoining state for theoffender to attend a public school in that adjoining school district.
3. The superintendent of the school district in whichthe offender resides shall inform the person with whom he is negotiating thatthe offender has been adjudicated delinquent for a sexual offense or a sexuallymotivated act, but the superintendent shall not disclose the name of a victim.
4. An agreement which is made pursuant to thissection 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 2and 3 of NRS 392.010; and
(c) Must be approved by the Superintendent of PublicInstruction.
5. A board of trustees may terminate an agreemententered 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 whichhe resides without violating subsection 1.
(Added to NRS by 1997, 427; A
NRS
(Added to NRS by 1997, 427; A
NRS
1. A superintendent of a school district who receivesnotification shall not release the name of the offender or the name of a victimto another person unless required by law or authorized by an order of thecourt.
2. A person who obtains the name of the offender orthe name of a victim pursuant to law or an order of the court shall not releasethe name of the offender or the name of a victim to another person unlessrequired by law or authorized by an order of the court.
3. A superintendent of a school district or a personwho:
(a) Obtains the name of the offender or the name of avictim pursuant to law or an order of the court; and
(b) In good faith, releases or fails to release thename of the offender or the name of a victim,
is immunefrom criminal or civil liability for releasing or failing to release the nameof the offender or the name of a victim unless the superintendent or the personacted with gross negligence.
(Added to NRS by 1997, 427)
TRANSPORTATION
NRS
1. As provided in this title, the board of trustees ofany school district may furnish transportation for all resident children ofschool age in the school district attending a public school, including pupilsassigned to special schools or programs pursuant to
(a) Who are not excused from school attendance by theprovisions of this title; and
(b) Who reside within the school district at such adistance from the school as to make transportation necessary and desirable.
2. When the board of trustees of a school districtwhose population is less than 100,000 furnishes transportation for pupilsattending public schools pursuant to subsection 1, the board may also providetransportation for all resident children of school age in the school districtattending private schools not operated for profit, over bus routes establishedfor pupils attending public schools. If such transportation is provided, thepupils attending such private schools must be transported, if space isavailable, to and from the points on the established routes nearest to theschools which they attend.
3. The board of trustees of any school district may:
(a) Establish bus routes.
(b) Make regulations governing the conduct of pupilswhile being transported.
(c) For the safety of pupils being transported, governthe conduct of drivers by making and enforcing regulations not inconsistentwith regulations of the State Board of Education or with law.
[389:32:1956](NRS A 1979, 1614; 1983, 774; 1993,2161)
NRS
1. As used in this section, vehicles means theschool buses, station wagons, automobiles and other motor or mechanicallypropelled vehicles required by the school district for the transportation ofpupils.
2. The board of trustees of a school district shalluse transportation funds of the school district for:
(a) The purchase, rent, hire and use of vehicles, andfor necessary equipment, supplies and articles therefor.
(b) Necessary repairs of vehicles to keep them in safeand workable condition.
(c) The employment and compensation of capable andreliable drivers of vehicles and other employees necessary for thetransportation of pupils and other authorized persons.
(d) Insuring vehicles owned, rented, hired, used oroperated by or under the direction or supervision of the board of trustees.Such insurance shall:
(1) Be of such an amount as the board oftrustees may be able to obtain and the regulations of the State Board ofEducation require as sufficient to protect the board of trustees, the pupilsbeing transported, and their parents, guardians or legal representatives fromloss or damage resulting from acts covered by the insurance.
(2) Especially insure against loss and damageresulting from or on account of injury or death of any pupil being transported,caused by collision or any accident during the operation of any such vehicle.
[391:32:1956](NRS A 1979, 1615)
NRS
1. In addition to the purposes authorized by
(a) Arranging and paying for transportation, inaccordance with subsection 2, by motor vehicles or otherwise, by contract orsuch other arrangement as the board of trustees finds most economical,expedient and feasible and for the best interests of the school district.
(b) Purchasing tickets at reduced rates for thetransportation of pupils, including, without limitation, homeless pupils, onpublic buses for use by pupils enrolled in middle school, junior high schooland high school to travel to and from school.
2. Transportation may be arranged and contracted forby a board of trustees with:
(a) Any railroad company holding a certificate ofpublic convenience and necessity issued by the Public Utilities Commission ofNevada or bus company or other licensed common carrier holding a certificate ofpublic convenience and necessity issued by the Transportation ServicesAuthority.
(b) The owners and operators of private automobiles orother private motor vehicles, including parents of pupils who attend school andare entitled to transportation. When required by the board of trustees, everysuch private automobile or other private motor vehicle regularly transportingpupils must be insured in the amount required by regulation of the State Boardagainst the loss and damage described in subsection 2 of
[392:32:1956](NRS A 1979, 1615; 1997, 1993, 2489;
NRS
[393:32:1956](NRS A 1979, 1615)
NRS
1. Except as otherwise provided in
2. Payment of money in lieu of furnishingtransportation may be made only if:
(a) The guardian or parents have been residents in thearea for a period set by the board of trustees; and
(b) The Superintendent of Public Instruction determinesthat the arrangements comply with regulations of the State Board.
[394:32:1956](NRS A 1959, 699, 808; 1961, 40; 1965,100; 1975, 499; 1979, 1616; 1987, 183; 1997, 428)
NRS
1. A board of trustees of a school district may permitschool buses or vehicles belonging to the school district to be used for thetransportation of public school pupils to and from:
(a) Interscholastic contests;
(b) School festivals; or
(c) Other activities properly a part of a schoolprogram.
2. In addition to the use of school buses and vehiclesauthorized pursuant to subsection 1, the board of trustees of a school districtmay permit school buses and vehicles belonging to the school district to beused for the transportation of children to and from:
(a) Programs for the supervision of children before andafter school; and
(b) Other programs or activities that the board oftrustees deems appropriate,
regardlessof whether such programs or activities are part of a school program.
3. The use of school buses or vehicles belonging tothe school district for the purposes enumerated in subsections 1 and 2 isgoverned by regulations made by the board of trustees, which must not conflictwith regulations of the State Board. Proper supervision for each vehicle soused must be furnished by school authorities, and each school bus must beoperated by a driver qualified under the provisions of
4. A driver shall not operate a vehicle for thepurposes enumerated in subsections 1 and 2 for more than 10 hours in a 15-hourperiod. The time spent operating, inspecting, loading, unloading, repairing andservicing the vehicle and waiting for passengers must be included indetermining the 15-hour period. After 10 hours of operating a vehicle, thedriver must rest for 10 hours before he again operates a vehicle for suchpurposes.
5. Before January 1, 1984, the State Board shall adoptregulations to carry out the provisions of subsection 4.
[395:32:1956](NRS A 1983, 772;
NRS
1. At least twice each school year, a school districtshall require all the pupils in the school district who ride a school bus topractice the evacuation of a school bus for a purpose other than a crisisgoverned by NRS 392.600 to
2. Each school district shall adopt a safety programwhich does not concern a crisis governed by NRS392.600 to 392.656, inclusive, andwhich includes, without limitation:
(a) The procedure for pupils to safely enter and exit aschool bus, including entering and exiting with a driver of a school bus as anescort;
(b) Proper behavior and conduct of pupils while inareas around a school bus where a high risk of danger to pupils exists,including the area that is used to load and unload school buses;
(c) Behavior and conduct of pupils while on a schoolbus that will enhance the safety of the pupils;
(d) Evacuation of pupils from a school bus; and
(e) The location of emergency equipment on a schoolbus.
At leastannually, a school district shall require all pupils who are enrolled in preschool,kindergarten and in grades 1 to 4, inclusive, in the school district who ride aschool bus to participate in the safety program created pursuant to thissection.
3. If a parent or legal guardian enrolls his child inpreschool, kindergarten or grades 1 to 6, inclusive, and the child will beriding a school bus for the first time, the school shall provide the parent orlegal guardian, upon enrollment, with written information concerning the safetyof pupils on a school bus. The information must include, without limitation:
(a) A description of each location that is designatedto load and unload a school bus which is in geographical proximity to thepupils residence;
(b) Rules of conduct for pupils on a school bus and atan area that is designated for pupils to enter and exit a school bus;
(c) Instructions for the operation of a motor vehicle:
(1) At school crossing zones and in areas thatare designated to load and unload a school bus; and
(2) When a driver of a school bus operates asystem of flashing red lights;
(d) A description of the area around a school bus thatposes a high risk of danger to pupils and other pedestrians; and
(e) Behavior and conduct for pupils who walk to andfrom an area that is designated for pupils to enter and exit a school bus thatwill enhance the safety of the pupils.
4. The board of trustees of each school district shalladopt regulations regarding practices conducted pursuant to subsection 1 andparticipation in safety programs required by subsection 2, including therequirement of such practices and participation in such programs at thebeginning of any field trip by school bus.
(Added to NRS by 1983, 772; A 1997, 1317;
NRS
1. No person may be employed by a board of trustees ofa school district as a driver of a school bus, station wagon, automobile orother motor vehicle, or mechanically or self-propelled vehicle of any kindwhich transports pupils to and from school or any other place in connectionwith school activities unless:
(a) He is of good, reputable and sober character.
(b) He is competent and qualified by experience anddisposition to operate the particular type of vehicle in a safe and dependablemanner.
(c) He is licensed under the laws of this State tooperate the particular type of vehicle.
2. Each driver of a school bus or a bus used totransport pupils for extracurricular activities must complete a training courseapproved by the State Board of Education which includes at least 10 hours oftraining while operating the vehicle, and 10 hours of training in:
(a) The responsibilities of drivers;
(b) The requirements for drivers of school vehicles;
(c) The laws affecting the operation of a school bus ora vehicle belonging to a school district;
(d) Defensive driving;
(e) Emergency procedures; and
(f) First aid.
3. Each driver must pass a written test each yearapproved by the Superintendent of Public Instruction and administered by thelocal school district.
4. A board of trustees may employ a pupil attending aschool under the supervision of the board as a driver when he possesses thequalifications stated in subsection 1 and his guardian or parents first consentto his employment. The board of trustees may arrange or contract, in writing,with the pupil, and with his parents or guardian if he is under the age of 18years, for his services as a driver upon such terms, conditions and provisionsand for such compensation as the board deems most economical and for the bestinterests of the school district, pupils and other persons.
5. Before January 1, 1984, the State Board ofEducation shall adopt regulations to carry out the provisions of this section.
[397:32:1956](NRS A 1979, 1616; 1983, 773)
NRS
1. All vehicles used in the transportation of pupilsmust be:
(a) In good condition and state of repair.
(b) Well equipped, and must contain sufficient room andseats so that the driver and each pupil being transported have a seat insidethe vehicle. Each pupil shall remain seated when the vehicle is in motion.
(c) Inspected semiannually by the Department of PublicSafety to ensure that the vehicles are mechanically safe and meet the minimumspecifications established by the State Board. The Department of Public Safetyshall make written recommendations to the superintendent of schools of theschool district wherein any such vehicle is operating for the correction of anydefects discovered thereby.
2. If the superintendent of schools fails or refusesto take appropriate action to have the defects corrected within 10 days afterreceiving notice of them from the Department of Public Safety, he is guilty ofa misdemeanor, and upon conviction thereof may be removed from office.
3. Except as otherwise provided in subsection 4, allvehicles used for transporting pupils must meet the specifications establishedby regulation of the State Board.
4. Any bus which is purchased and used by a schooldistrict to transport pupils to and from extracurricular activities is exemptfrom the specifications adopted by the State Board if the bus meets the federalsafety standards for motor vehicles which were applicable at the time the buswas manufactured and delivered for introduction in interstate commerce.
5. Any person violating any of the requirements ofthis section is guilty of a misdemeanor.
[400:32:1956](NRS A 1957, 629, 737; 1961, 302; 1971,152, 339; 1973, 395; 1979, 1468; 1981, 991; 1985, 1988;
NRS
1. Except as otherwise provided in this subsection,every school bus operated for the transportation of pupils to or from schoolmust be equipped with:
(a) A system of flashing red lights of a type approvedby the State Board and installed at the expense of the school district oroperator. Except as otherwise provided in subsection 2, the driver shalloperate this signal:
(1) When the bus is stopped to unload pupils.
(2) When the bus is stopped to load pupils.
(3) In times of emergency or accident, whenappropriate.
(b) A mechanical device, attached to the front of thebus which, when extended, causes persons to walk around the device. The devicemust be approved by the State Board and installed at the expense of the schooldistrict or operator. The driver shall operate the device when the bus isstopped to load or unload pupils. The installation of such a mechanical deviceis not required for a school bus which is used solely to transport pupils withspecial needs who are individually loaded and unloaded in a manner which doesnot require them to walk in front of the bus. The provisions of this paragraphdo not prohibit a school district from upgrading or replacing such a mechanicaldevice with a more efficient and effective device that is approved by the StateBoard.
2. A driver may stop to load and unload pupils in adesignated area without operating the system of flashing red lights required bysubsection 1 if the designated area:
(a) Has been designated by a school district andapproved by the Department;
(b) Is of sufficient depth and length to provide spacefor the bus to park at least 8 feet off the traveled portion of the roadway;
(c) Is not within an intersection of roadways;
(d) Contains ample space between the exit door of thebus and the parking area to allow safe exit from the bus;
(e) Is located so as to allow the bus to reenter thetraffic from its parked position without creating a traffic hazard; and
(f) Is located so as to allow pupils to enter and exitthe bus without crossing the roadway.
3. In addition to the equipment required by subsection1 and except as otherwise provided in subsection 4 of
4. The agents and employees of the Department of MotorVehicles shall inspect school buses to determine whether the provisions of thissection concerning equipment and identification of the school buses have beencomplied with, and shall report any violations discovered to the superintendentof schools of the school district wherein the vehicles are operating.
5. If the superintendent of schools fails or refusesto take appropriate action to correct any such violation within 10 days afterreceiving notice of it from the Department of Motor Vehicles, he is guilty of amisdemeanor, and upon conviction must be removed from office.
6. Any person who violates any of the provisions ofthis section is guilty of a misdemeanor.
[401:32:1956](NRS A 1957, 629, 737; 1961, 302; 1967,566; 1971, 340; 1973, 1296; 1981, 992; 1985, 1989; 1991, 275; 1993, 169;
HEALTH AND SAFETY; PARENTAL INVOLVEMENT; SCHOOL UNIFORMS
NRS
1. In each school at which he is responsible forproviding nursing services, a school nurse shall plan for and carry out, orsupervise qualified health personnel in carrying out, a separate and careful observationand examination of every child who is regularly enrolled in a grade specifiedby the board of trustees or superintendent of schools of the school district todetermine whether the child has scoliosis, any visual or auditory problem, orany gross physical defect. The grades in which the observations andexaminations must be carried out are as follows:
(a) For visual and auditory problems, in at least twogrades of the elementary schools, one grade of the middle or junior highschools, and one grade of the high schools; and
(b) For scoliosis, in at least one grade of schoolsbelow the high schools.
Any personother than a school nurse who performs an observation or examination pursuantto this subsection must be trained by a school nurse to conduct the observationor examination.
2. If any child is attending school in a grade aboveone of the specified grades and has not previously received such an observationand examination, he must be included in the current schedule for observationand examination. Any child who is newly enrolled in the district must beexamined for any medical condition for which children in a lower grade areexamined.
3. A special examination for a possible visual orauditory 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 auditoryproblem during the previous school year; or
(d) Shows in any other way that he may have such aproblem.
4. The school authorities shall notify the parents orguardian of any child who is found or believed to have a visual or auditoryproblem, scoliosis or any gross physical defect, and shall recommend thatappropriate medical attention be secured to correct it.
5. In any school district in which state, county ordistrict public health services are available or conveniently obtainable, thoseservices may be used to meet the responsibilities assigned under the provisionsof this section. The board of trustees of the school district may employqualified personnel to perform them. Any nursing services provided by suchqualified personnel must be performed in compliance with
6. Any child must be exempted from the examination ifhis parents or guardian filed with the teacher a written statement objecting tothe examination.
[402:32:1956](NRS A 1973, 225; 1981, 841; 1991,1698; 2001, 541)
NRS
1. The parent or legal guardian of a pupil who hasasthma or anaphylaxis may submit a written request to the principal or, ifapplicable, the school nurse of the public school in which the pupil isenrolled to allow the pupil to self-administer medication for the treatment ofthe pupils asthma or anaphylaxis while the pupil is on the grounds of a publicschool, participating in an activity sponsored by a public school or on aschool bus.
2. A written request made pursuant to subsection 1must include:
(a) A signed statement of a physician indicating thatthe pupil has asthma or anaphylaxis and is capable of self-administration ofthe 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 physicianpursuant to which the pupil will manage his asthma or anaphylaxis if the pupilexperiences an asthmatic attack or anaphylactic shock while on the grounds of apublic school, participating in an activity sponsored by a public school or ona school bus;
(c) A signed statement of the parent or legal guardian:
(1) Indicating that the parent or legal guardiangrants permission for the pupil to self-administer the medication while thepupil is on the grounds of a public school, participating in an activitysponsored by a public school or on a school bus; and
(2) Acknowledging that the parent or legalguardian is aware of and understands the provisions of subsections 3 and 4.
3. The provisions of this section do not create a dutyfor the board of trustees of the school district, the school district, thepublic 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 serviceor employment.
4. If a pupil is granted authorization pursuant tothis section to self-administer medication, the board of trustees of the schooldistrict, the school district and the public school in which the pupil isenrolled, and any employee or agent thereof, are immune from liability for theinjury to or death of the pupil as a result of self-administration of amedication pursuant to this section or the failure of the pupil toself-administer such a medication.
5. Upon receipt of a request that complies withsubsection 2, the principal or, if applicable, the school nurse of the publicschool in which a pupil is enrolled shall provide written authorization for thepupil to carry and self-administer medication to treat his asthma oranaphylaxis while the pupil is on the grounds of a public school, participatingin an activity sponsored by a public school or on a school bus. The writtenauthorization must be filed with the principal or, if applicable, the schoolnurse of the public school in which the pupil is enrolled and must include:
(a) The name and purpose of the medication which thepupil is authorized to self-administer;
(b) The prescribed dosage and the duration of theprescription;
(c) The times or circumstances, or both, during whichthe medication is required or recommended for self-administration;
(d) The side effects that may occur from anadministration of the medication; and
(e) The name and telephone number of the pupilsphysician and the name and telephone number of the person to contact in thecase of a medical emergency concerning the pupil.
6. The written authorization provided pursuant tosubsection 5 is valid for 1 school year. If a parent or legal guardian submitsa written request that complies with subsection 2, the principal or, ifapplicable, the school nurse of the public school in which the pupil isenrolled shall renew and, if necessary, revise the written authorization.
7. If a parent or legal guardian of a pupil who isauthorized pursuant to this section to carry medication on his person providesto the principal or, if applicable, the school nurse of the public school inwhich the pupil is enrolled doses of the medication in addition to the dosagethat the pupil carries on his person, the principal or, if applicable, theschool nurse shall ensure that the additional medication is:
(a) Stored on the premises of the public school in alocation that is secure; and
(b) Readily available if the pupil experiences anasthmatic attack or anaphylactic shock during school hours.
8. As used in this section:
(a) Medication means any medicine prescribed by aphysician for the treatment of anaphylaxis or asthma, including, withoutlimitation, asthma inhalers and auto-injectable epinephrine.
(b) Physician means a person who is licensed topractice medicine pursuant to chapter 630 ofNRS or osteopathic medicine pursuant to chapter633 of NRS.
(c) Self-administer means the auto-administration ofa medication pursuant to the prescription for the medication or writtendirections for such a medication.
(Added to NRS by
NRS
1. Except as otherwise provided in subsection 2, theboard of trustees of a school district may:
(a) Adopt and enforce regulations that are necessaryfor sanitation in the public schools and for the prevention of the spread ofcontagious and infectious diseases therein.
(b) Spend money available in the school district toenforce the regulations among indigent children.
2. The governing body of a charter school may:
(a) Adopt and enforce rules that are necessary forsanitation in the charter school and for the prevention of contagious andinfectious diseases; and
(b) Spend money to enforce the rules among indigentchildren.
[403:32:1956](NRS A 1997, 1875)
NRS
1. Unless excused because of religious belief ormedical condition, a child may not be enrolled in a public school within thisState unless his parents or guardian submit to the board of trustees of theschool district in which the child resides or the governing body of the charterschool in which the child has been accepted for enrollment a certificatestating that the child has been immunized and has received proper boosters forthat immunization or is complying with the schedules established by regulationpursuant to NRS 439.550 for thefollowing 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 orthe State Board of Health may determine.
2. The certificate must show that the requiredvaccines and boosters were given and must bear the signature of a licensedphysician or his designee or a registered nurse or his designee, attesting thatthe certificate accurately reflects the childs record of immunization.
3. If the requirements of subsection 1 can be met withone visit to a physician or clinic, procedures for conditional enrollment donot apply.
4. A child may enter school conditionally if theparent or guardian submits a certificate from a physician or local healthofficer that the child is receiving the required immunizations. If acertificate from the physician or local health officer showing that the childhas been fully immunized is not submitted to the appropriate school officerswithin 90 school days, or its equivalent in a school district operating underan alternative schedule authorized pursuant to
5. Before December 31 of each year, each schooldistrict and the governing body of each charter school shall report to theHealth Division of the Department of Health and Human Services, on a formfurnished by the Division, the exact number of pupils who have completed theimmunizations required by this section.
6. The certificate of immunization must be included inthe pupils academic or cumulative record and transferred as part of thatrecord upon request.
(Added to NRS by 1971, 1040; A 1973, 267; 1975, 1324;1979, 314; 1985, 1400; 1987, 1334; 1995, 807; 1997, 1876;
NRS
(Added to NRS by 1971, 1040; A 1997, 1876)
NRS
(Added to NRS by 1971, 1040; A 1997, 1877)
NRS
(Added to NRS by 1971, 1041; A 1997, 1877)
NRS
1. That the child be immunized; or
2. That he remain outside the school environment andthe local health officer be notified.
(Added to NRS by 1979, 314; A 1997, 1877)
NRS
(Added to NRS by 1979, 314)
NRS
1. The board of trustees of each school district andthe governing body of each charter school shall provide drills for the pupilsin the schools in the school district or the charter schools at least once eachmonth during the school year to instruct those pupils in the appropriateprocedures to be followed in the event of a fire or other emergency, except acrisis governed by NRS 392.600 to
2. In all cities or towns which have regularlyorganized, paid fire departments or voluntary fire departments, the drillsrequired by subsection 1 must be conducted under the supervision of the:
(a) Person designated for this purpose by the board oftrustees 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 anyother information related to the drills required by subsection 1 which isapproved by the chief of the fire department or, if there is no firedepartment, the State Fire Marshal must be kept posted in every classroom ofevery public school by the principal or teacher in charge thereof.
4. The principal, teacher or other person in charge ofeach school building shall cause the provisions of this section to be enforced.
5. Any violation of the provisions of this section isa misdemeanor.
[405:32:1956](NRS A 1971, 152; 1993, 112; 1997,1877; 2001, 1329)
NRS
1. If a school district or a charter school hasestablished a program in career and technical education, the teachers andpupils in classes provided pursuant to the program must wear devices providedby the school district or the charter school which are designed to protecttheir eyes while they are using power tools, torches or other dangerousequipment or machinery.
2. The teachers and pupils in classes in science mustwear devices provided by the school district which are designed to protecttheir eyes when chemicals or toxic substances are used in those classes.
(Added to NRS by 1989, 185; A 1997, 1878;
NRS
1. The State Board shall, in consultation with theboards of trustees of school districts, educational personnel, localassociations and organizations of parents whose children are enrolled in publicschools throughout this state and individual parents and legal guardians whosechildren are enrolled in public schools throughout this state, adopt a policyto encourage effective involvement by parents and families in support of theirchildren and the education of their children. The policy adopted by the StateBoard must be considered when the Board:
(a) Consults with the boards of trustees of schooldistricts in the adoption of policies pursuant to subsection 3; and
(b) Interacts with school districts, public schools,educational personnel, parents and legal guardians of pupils, and members ofthe general public in carrying out its duties pursuant to this title.
2. The policy adopted by the State Board pursuant tosubsection 1 must include the following elements and goals:
(a) Promotion of regular, two-way, meaningfulcommunication between home and school.
(b) Promotion and support of responsible parenting.
(c) Recognition of the fact that parents and familiesplay an integral role in assisting their children to learn.
(d) Promotion of a safe and open atmosphere for parentsand families to visit the school that their children attend and activesolicitation of parental and familial support and assistance for schoolprograms.
(e) Inclusion of parents as full partners in decisionsaffecting their children and families.
(f) Availability of community resources to strengthenand promote school programs, family practices and the achievement of pupils.
3. The board of trustees of each school districtshall, in consultation with the State Board, educational personnel, localassociations and organizations of parents whose children are enrolled in publicschools of the school district and individual parents and legal guardians whosechildren are enrolled in public schools of the school district, adopt policiesto encourage effective involvement by parents and families in support of theirchildren and the education of their children. The policies adopted pursuant tothis subsection must:
(a) Be consistent, to the extent applicable, with thepolicy adopted by the State Board pursuant to subsection 1;
(b) Include theelements and goals specified in subsection 2; and
(c) Comply with the parental involvement policy requiredby 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 eachschool district shall, at least once each year, review and amend theirrespective policies as necessary.
(Added to NRS by
NRS
1. The Department shall prescribe a form foreducational involvement accords to be used by all public schools in this State.The educational involvement accord must comply with the parental involvementpolicy:
(a) Required by the federal No Child Left Behind Act of2001, as set forth in 20 U.S.C. 6318.
(b) Adopted by the State Board pursuant to
2. Each educational involvement accord must include,without limitation:
(a) A description of how the parent or legal guardianwill be involved in the education of the pupil, including, without limitation:
(1) Reading to the pupil, as applicable for thegrade or reading level of the pupil;
(2) Reviewing and checking the pupils homework;and
(3) Contributing 5 hours of time each schoolyear, including, without limitation, by attending school-related activities,parent-teacher association meetings, parent-teacher conferences, volunteeringat 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, asapplicable for the grade or reading level of the pupil;
(2) Using all school equipment and propertyappropriately and safely;
(3) Following the directions of any adult memberof the staff of the school;
(4) Completing and submitting homework in atimely manner; and
(5) Respecting himself, others and all property.
(c) The responsibilities of a public school and theadministrators, teachers and other personnel employed at a school, including,without limitation:
(1) Ensuring that each pupil is provided properinstruction, supervision and interaction;
(2) Maximizing the educational and socialexperience of each pupil;
(3) Carrying out the professional responsibilityof educators to seek the best interest of each pupil; and
(4) Making staff available to the parents andlegal guardians of pupils to discuss the concerns of parents and legalguardians regarding the pupils.
3. Each educational involvement accord must beaccompanied by, without limitation:
(a) Information describing how the parent or legalguardian may contact the pupils teacher and the principal of the school inwhich the pupil is enrolled;
(b) The curriculum of the course or standards for thegrade in which the pupil is enrolled, as applicable, including, withoutlimitation, a calendar that indicates the dates of major examinations and thedue dates of significant projects, if those dates are known by the teacher atthe time that the information is distributed;
(c) The homework and grading policies of the pupilsteacher or school;
(d) Directions for finding resource materials for thecourse or grade in which the pupil is enrolled, as applicable;
(e) Suggestions for parents and legal guardians toassist pupils in their schoolwork at home;
(f) The dates of scheduled conferences between teachersor administrators and the parents or legal guardians of the pupil;
(g) The manner in which reports of the pupils progresswill be delivered to the parent or legal guardian and how a parent or legalguardian 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 havelimited proficiency in the English language;
(k) Information describing the availability of free andreduced-price meals, including, without limitation, information regardingschool breakfast, school lunch and summer meal programs;
(l) Opportunities for parents and legal guardians tobecome involved in the education of their children and to volunteer for theschool or class; and
(m) The code of honor relating to cheating prescribedpursuant to NRS 392.461.
4. The board of trustees of each school district shalladopt a policy providing for the development and distribution of theeducational involvement accord. The policy adopted by a board of trustees mustrequire each classroom teacher to:
(a) Distribute the educational involvement accord tothe parent or legal guardian of each pupil in his class at the beginning ofeach school year or upon a pupils enrollment in the class, as applicable; and
(b) Provide the parent or legal guardian with areasonable 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 formprescribed by the Department is used for the educational involvement accord ofeach public school in the school district. The board of trustees of a schooldistrict may authorize the use of an expanded form that contains additions tothe form prescribed by the Department if the basic information contained in theexpanded form complies with the form prescribed by the Department.
6. The Department and the board of trustees of eachschool district shall, at least once each year, review and amend theirrespective educational involvement accords.
(Added to NRS by
NRS
1. The board of trustees of a school district may, inconsultation with the schools within the district, parents and legal guardiansof pupils who are enrolled in the district, and associations and organizationsrepresenting licensed educational personnel within the district, establish apolicy that requires pupils to wear school uniforms.
2. The policy must:
(a) Describe the uniforms;
(b) Designate which pupils must wear the uniforms; and
(c) Designate the hours or events during which theuniforms must be worn.
3. If the board of trustees of a school districtestablishes a policy that requires pupils to wear school uniforms, the boardshall facilitate the acquisition of school uniforms for pupils whose parents orlegal guardians request financial assistance to purchase the uniforms.
4. The board of trustees of a school district mayestablish a dress code enforceable during school hours for the teachers andother personnel employed by the board of trustees.
(Added to NRS by 1997, 2488)
BEHAVIOR AND DISCIPLINE
General Provisions
NRS
1. The Department shall prescribe by regulation awritten policy that establishes a code of honor for pupils relating to cheatingon examinations and course work. The policy must be developed in consultationwith the boards of trustees of school districts, the governing bodies ofcharter schools, educational personnel employed by school districts and charterschools, and local associations and organizations of parents whose children areenrolled in public schools throughout this State.
2. The policy must include, without limitation, adefinition of cheating that clearly and concisely informs pupils which actsconstitute cheating for purposes of the code of honor.
3. On or before July 1 of each year, the Departmentshall:
(a) Provide a copy of the code of honor to the board oftrustees 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 availablefor inspection at each public school located within a school district,including, without limitation, each charter school, in an area on the groundsof the school that is open to the public.
(Added to NRS by
NRS
1. Each schooldistrict shall adopt a plan to ensure that the public schools within the schooldistrict are safe and free of controlled substances. The plan must comply withthe Safe and Drug-Free Schools and Communities Act, 20 U.S.C. 7101 et seq.
2. Each school district shall prescribe written rulesof behavior required of and prohibited for pupils attending school within theirdistrict and shall prescribe appropriate punishments for violations of therules. If suspension or expulsion is used as a punishment for a violation ofthe rules, the school district shall follow the procedures in
3. A copy of the plan adopted pursuant to subsection 1and the rules of behavior, prescribed punishments and procedures to be followedin imposing punishments prescribed pursuant to subsection 2 must be distributedto each pupil at the beginning of the school year and to each new pupil whoenters school during the year. Copies must also be made available forinspection at each school located in that district in an area on the grounds ofthe school which is open to the public.
(Added to NRS by 1985, 350; A
NRS
1. Corporal punishment may not be administered upon apupil in any public school.
2. Subsection 1 does not prohibit any teacher,principal or other licensed person from defending himself if attacked by apupil.
3. As used in this section, corporal punishmentmeans the intentional infliction of physical pain upon or the physicalrestraint of a pupil for disciplinary purposes. The term does not include theuse of reasonable and necessary force:
(a) To quell a disturbance that threatens physicalinjury to any person or the destruction of property;
(b) To obtain possession of a weapon or other dangerousobject within a pupils control;
(c) For the purpose of self-defense or the defense ofanother person; or
(d) To escort a disruptive pupil who refuses to govoluntarily with the proper authorities.
(Added to NRS by 1960, 60; A 1979, 1616; 1987, 1013;1993, 2622)(Substituted in revision for NRS 392.465)
NRS
1. The board of trustees of each school district mayestablish a policy that prohibits the activities of criminal gangs on schoolproperty. The policy may prohibit:
(a) A pupil from wearing any clothing or carrying anysymbol on school property that denotes membership in or an affiliation with acriminal gang; and
(b) Any activity that encourages participation in acriminal gang or facilitates illegal acts of a criminal gang.
2. Each policy that prohibits the activities ofcriminal gangs on school property may provide for the suspension or expulsionof pupils who violate the policy.
3. As used in this section, criminal gang has themeaning ascribed to it in NRS 213.1263.
(Added to NRS by 1995, 1426)
NRS
1. The board of trustees of each school district shalladopt a policy concerning the use and possession by pupils of a pager, cellulartelephone or any other similar electronic device used for communication whileon the premises of a public school or while at an activity sponsored by apublic school.
2. The policy adopted pursuant to subsection 1 must:
(a) Prescribe appropriate measures for disciplining apupil who violates the policy.
(b) Be included within each copy of the rules ofbehavior for pupils that the school district provides to pupils pursuant to
(Added to NRS by
NRS
1. The board of trustees of each school district shalladopt and enforce measures for disciplining any pupil who is found inpossession of an alcoholic beverage or a controlled substance, while on thepremises of any public school in its district.
2. As used in this section, alcoholic beverage hasthe meaning ascribed to it in NRS 202.015.
(Added to NRS by 1985, 1649; A 1987, 482, 1550, 1576)
Temporary Alternative Placement
NRS
(Added to NRS by
NRS
1. The Individuals with Disabilities Education Act, 20U.S.C. 1400 et seq.;
2. The Americans with Disabilities Act of 1990, 42U.S.C. 12101 et seq.;
3. Title V of the Rehabilitation Act of 1973, 29U.S.C. 791 et seq.;
4. Any other federal law applicable to children withdisabilities; and
5. The procedural policy adopted by the board oftrustees of the school district for such matters.
(Added to NRS by
NRS
1. The principal of each public school shall establisha plan to provide for the progressive discipline of pupils and on-site reviewof disciplinary decisions. The plan must:
(a) Be developed with the input and participation ofteachers and other educational personnel and support personnel who are employedat the school, and the parents and guardians of pupils who are enrolled in theschool.
(b) Be consistent with the written rules of behaviorprescribed in accordance with NRS 392.463.
(c) Include, without limitation, provisions designed toaddress the specific disciplinary needs and concerns of the school.
(d) Provide for the temporary removal of a pupil from aclassroom in accordance with NRS 392.4645.
2. On or before October 1 of each year, the principalof each public school shall:
(a) Review the plan in consultation with the teachersand other educational personnel and support personnel who are employed at theschool;
(b) Based upon the review, make revisions to the plan,as recommended by the teachers and other educational personnel and supportpersonnel, if necessary; and
(c) Post a copy of the plan or the revised plan, asapplicable, in a prominent place at the school for public inspection andotherwise make the plan available for public inspection at the administrativeoffice of the school.
3. On or before October 1 of each year, the principalof each public school shall submit a copy of the plan established pursuant tosubsection 1 or a revised plan, if applicable, to the superintendent of schoolsof the school district. On or before November 1 of each year, thesuperintendent of schools of each school district shall submit a report to theboard of trustees of the school district that includes:
(a) A compilation of the plans submitted pursuant tothis subsection by each school within the school district.
(b) The name of each principal, if any, who has notcomplied with the requirements of this section.
4. On or before November 30 of each year, the board oftrustees of each school district shall submit a written report to theSuperintendent of Public Instruction based upon the compilation submittedpursuant to subsection 3 that reports the progress of each school within thedistrict in complying with the requirements of this section.
5. On or before December 31 of each year, theSuperintendent of Public Instruction shall submit a written report to theDirector of the Legislative Counsel Bureau concerning the progress of theschools and school districts throughout this state in complying with thissection. If the report is submitted during:
(a) An even-numbered year, the Director of theLegislative Counsel Bureau shall transmit it to the next regular session of theLegislature.
(b) An odd-numbered year, the Director of theLegislative Counsel Bureau shall transmit it to the Legislative Committee onEducation.
(Added to NRS by
NRS
1. The plan established pursuant to
2. Except as otherwise provided in subsection 3, apupil who is removed from a classroom pursuant to this section must be assignedto a temporary alternative placement pursuant to which the pupil:
(a) Is separated, to the extent practicable, from pupilswho are not assigned to a temporary alternative placement;
(b) Studies under the supervision of appropriatepersonnel of the school district; and
(c) Is prohibited from engaging in any extracurricularactivity sponsored by the school.
3. The principal shall not assign a pupil to atemporary alternative placement if the suspension or expulsion of a pupil whois removed from the classroom pursuant to this section is:
(a) Required by NRS 392.466;or
(b) Authorized by NRS392.467 and the principal decides to proceed in accordance with thatsection.
If theprincipal proceeds in accordance with NRS392.466 or 392.467, the pupil mustbe removed from school in accordance with those sections and the provisions of
(Added to NRS by
NRS
1. Except as otherwise provided in this section, notlater than 3 school days after a pupil is removed from a classroom pursuant to
(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.
Theprincipal shall give an oral or written notice of the conference, asappropriate, to each person who is required to participate.
2. After receipt of the notice required pursuant tosubsection 1, the parent or legal guardian of the pupil may, not later than 3school days after the removal of the pupil, request that the date of theconference be postponed. The principal shall accommodate such a request. If thedate of the conference is postponed pursuant to this subsection, the principalshall send written notice to the parent or legal guardian confirming that theconference has been postponed at the request of the parent or legal guardian.
3. If a parent or legal guardian of a pupil refuses toattend a conference, the principal of the school shall send a written notice tothe parent or legal guardian confirming that the parent or legal guardian haswaived the right to a conference provided by this section and authorized theprincipal to recommend the placement of the pupil pursuant to subsection 6.
4. Except as otherwise provided in this subsection, apupil must not return to the classroom from which he was removed before theconference is held. If the conference is not held within 3 school days afterthe removal of the pupil, the pupil must be allowed to return to the classroomunless:
(a) The parent or legal guardian of the pupil refusesto attend the conference;
(b) The failure to hold a conference is attributed tothe action or inaction of the pupil or the parent or legal guardian of thepupil; or
(c) The parent or legal guardian requested that thedate of the conference be postponed.
5. During the conference, the teacher who removed thepupil from the classroom or the principal shall provide the pupil and hisparent or legal guardian with an explanation of the reason for the removal ofthe pupil from the classroom. The pupil and his parent or legal guardian mustbe granted an opportunity to respond to the explanation of the pupils behaviorand to indicate whether the removal of the pupil from the classroom wasappropriate in their opinion based upon the behavior of the pupil.
6. Upon conclusion of the conference or, if aconference is not held pursuant to subsection 3 not later than 3 school daysafter the removal of a pupil from a classroom, the principal shall recommendwhether to return the pupil to the classroom or continue the temporaryalternative placement of the pupil.
(Added to NRS by
NRS
1. The principal of each public school shall establishat least one committee to review the temporary alternative placement of pupils.A committee established pursuant to this section must consist of the principaland two regular members who are teachers selected for membership by a majorityof the teachers who are employed at the school. One additional teacher must beselected in the same manner to serve as an alternate member.
2. If a pupil is removed from the classroom pursuantto NRS 392.4645 by a teacher who is amember of a committee established pursuant to this section, the teacher shallnot participate in the review of the placement of the pupil and the alternatemember shall serve on the committee for that review.
(Added to NRS by
NRS
1. Direct that the pupil be returned to the classroomfrom which he was removed;
2. Assign the pupil to another appropriate classroom;
3. Assign the pupil to an alternative program ofeducation, if available;
4. Recommend the suspension or expulsion of the pupilin accordance with NRS 392.467; or
5. Take any other appropriate disciplinary actionagainst the pupil that the committee deems necessary.
(Added to NRS by
Habitual Disciplinary Problem; Suspension and Expulsion
NRS
1. Except as otherwise provided in this section, aprincipal of a school shall deem a pupil enrolled in the school a habitualdisciplinary problem if the school has written evidence which documents that in1 school year:
(a) The pupil has threatened or extorted, or attemptedto threaten or extort, another pupil or a teacher or other personnel employedby the school;
(b) The pupil has been suspended for initiating atleast two fights on school property, at an activity sponsored by a publicschool, on a school bus or, if the fight occurs within 1 hour of the beginningor end of a school day, on his way to or from school; or
(c) The pupil has a record of five suspensions from theschool for any reason.
2. At least one teacher of a pupil who is enrolled inelementary school and at least two teachers of a pupil who is enrolled injunior high, middle school or high school may request that the principal of theschool deem a pupil a habitual disciplinary problem. Upon such a request, theprincipal of the school shall meet with each teacher who made the request toreview the pupils record of discipline. If, after the review, the principal ofthe school determines that the provisions of subsection 1 do not apply to thepupil, a teacher who submitted a request pursuant to this subsection may appealthat determination to the board of trustees of the school district. Uponreceipt of such a request, the board of trustees shall review the initialrequest and determination pursuant to the procedure established by the board oftrustees for such matters.
3. If a pupil is suspended for initiating a fightdescribed in paragraph (b) of subsection 1 and the fight is the first suchfight that the pupil has initiated during that school year, or if a pupil receivesone suspension on his record, the school in which the pupil is enrolled shallprovide written notice to the parent or legal guardian of the pupil thatcontains:
(a) A description of the acts committed by the pupiland the dates on which those acts were committed;
(b) An explanation that if the pupil is suspended forinitiating one additional fight or if the pupil receives five suspensions onhis record during the current school year, he will be deemed a habitualdisciplinary problem;
(c) An explanation that, pursuant to subsection 3 of
(d) If the pupil has a disability and is participatingin a program of special education pursuant to NRS388.520, an explanation of the effect of subsection 6 of
(e) If applicable, a summary of the provisions ofsubsection 4.
A schoolshall provide the notice required by this subsection for each suspension on therecord of a pupil during a school year. A school may include the notice requiredby this subsection with notice that is otherwise provided to the parent orlegal guardian of a pupil which informs the parent or legal guardian of the actcommitted by the pupil.
4. If a pupil is suspended for initiating a fightdescribed in paragraph (b) of subsection 1 and the fight is the first suchfight that the pupil has initiated during that school year, or if a pupilreceives four suspensions on his record within 1 school year, the school inwhich the pupil is enrolled may develop, in consultation with the pupil and theparent or legal guardian of the pupil, a plan of behavior for the pupil. Such aplan must be designed to prevent the pupil from being deemed a habitual disciplinaryproblem and may include, without limitation, a voluntary agreement by:
(a) The parent or legal guardian to attend school withhis child.
(b) The pupil and his parent or legal guardian toattend counseling, programs or services available in the school district orcommunity.
(c) The pupil and his parent or legal guardian that thepupil will attend summer school, intersession school or school on Saturday, ifany of those alternatives are offered by the school district.
If the pupilcommits the same act for which notice was provided pursuant to subsection 3after he enters into a plan of behavior, the pupil shall be deemed a habitualdisciplinary problem.
5. If a pupil commits an act the commission of whichqualifies him to be deemed a habitual disciplinary problem pursuant tosubsection 1, the school shall provide written notice to the parent or legalguardian of the pupil that contains:
(a) A description of the qualifying act and anyprevious such acts committed by the pupil and the dates on which those actswere committed;
(b) An explanation that pursuant to subsection 3 of
(c) If the pupil has a disability and is participatingin a program of special education pursuant to NRS388.520, an explanation of the effect of subsection 6 of
(d) If applicable, a summary of the provisions ofsubsection 6.
The schoolshall provide the notice at least 7 days before the school deems the pupil ahabitual disciplinary problem. A school may include the notice required by thissubsection with notice that is otherwise provided to the parent or legalguardian of a pupil which informs the parent or legal guardian of the actcommitted by the pupil.
6. Before a school deems a pupil a habitualdisciplinary problem and suspends or expels the pupil, the school may develop,in consultation with the pupil and the parent or legal guardian of the pupil, aplan of behavior for the pupil. Such a plan must be designed to prevent thepupil from being deemed a habitual disciplinary problem and may include,without limitation, a voluntary agreement by:
(a) The parent or legal guardian to attend school withhis child.
(b) The pupil and his parent or legal guardian toattend counseling, programs or services available in the school district orcommunity.
(c) The pupil and his parent or legal guardian that thepupil will attend summer school, intersession school or school on Saturday, ifany of those alternatives are offered by the school district.
If the pupilviolates the conditions of the plan or commits the same act for which noticewas provided pursuant to subsection 5 after he enters into a plan of behavior,the pupil shall be deemed a habitual disciplinary problem.
7. A pupil may, pursuant to the provisions of thissection, enter into one plan of behavior per school year.
8. The parent or legal guardian of a pupil who hasentered into a plan of behavior with a school pursuant to this section mayappeal to the board of trustees of the school district a determination made bythe school concerning the contents of the plan of behavior or action taken bythe 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 inaccordance with the procedure established by the board of trustees for suchmatters.
(Added to NRS by 1997, 2489; A
NRS
1. Prohibits the pupil from attending school for 3 ormore consecutive days; and
2. Requires a conference or some other form ofcommunication with the parent or legal guardian of the pupil before the pupilis allowed to return to school.
(Added to NRS by
NRS
1. Except as otherwise provided in this section, anypupil who commits a battery which results in the bodily injury of an employeeof the school or who sells or distributes any controlled substance while on thepremises of any public school, at an activity sponsored by a public school oron any school bus must, for the first occurrence, be suspended or expelled fromthat school, although he may be placed in another kind of school, for at leasta period equal to one semester for that school. For a second occurrence, thepupil must be permanently expelled from that school and:
(a) Receive equivalent instruction authorized by theState Board pursuant to subsection 1 of NRS392.070; or
(b) Enroll in a program of independent study providedpursuant to paragraph (b) of subsection 3 of NRS389.155 or a program of distance education provided pursuant to
2. Except as otherwise provided in this section, anypupil who is found in possession of a firearm or a dangerous weapon while onthe premises of any public school, at an activity sponsored by a public schoolor on any school bus must, for the first occurrence, be expelled from theschool for a period of not less than 1 year, although he may be placed inanother 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 schooland:
(a) Receive equivalent instruction authorized by theState Board pursuant to subsection 1 of NRS392.070; or
(b) Enroll in a program of independent study providedpursuant to paragraph (b) of subsection 3 of NRS389.155 or a program of distance education provided pursuant to
Thesuperintendent of schools of a school district may, for good cause shown in aparticular case in that school district, allow a modification to the expulsionrequirement of this subsection if such modification is set forth in writing.
3. Except as otherwise provided in this section, if apupil is deemed a habitual disciplinary problem pursuant to
(a) Receive equivalent instruction authorized by theState Board pursuant to subsection 1 of NRS392.070; or
(b) Enroll in a program of independent study providedpursuant to paragraph (b) of subsection 3 of NRS389.155 or a program of distance education provided pursuant to
4. This section does not prohibit a pupil from havingin his possession a knife or firearm with the approval of the principal of theschool. A principal may grant such approval only in accordance with thepolicies or regulations adopted by the board of trustees of the schooldistrict.
5. Any pupil in grades 1 to 6, inclusive, except a pupilwho has been found to have possessed a firearm in violation of subsection 2,may be suspended from school or permanently expelled from school pursuant tothis section only after the board of trustees of the school district hasreviewed the circumstances and approved this action in accordance with theprocedural policy adopted by the board for such issues.
6. A pupil who is participating in a program ofspecial education pursuant to NRS 388.520,other than a pupil who is gifted and talented, may, in accordance with theprocedural policy adopted by the board of trustees of the school district forsuch matters, be:
(a) Suspended from school pursuant to this section fornot more than 10 days. Such a suspension may be imposed pursuant to thisparagraph for each occurrence of conduct proscribed by subsection 1.
(b) Suspended from school for more than 10 days orpermanently expelled from school pursuant to this section only after the boardof trustees of the school district has reviewed the circumstances anddetermined that the action is in compliance with the Individuals withDisabilities Education Act, 20 U.S.C. 1400 et seq.
7. As used in this section:
(a) Battery has the meaning ascribed to it inparagraph (a) of subsection 1 of NRS 200.481.
(b) Dangerous weapon includes, without limitation, ablackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk ordagger, a nunchaku, switchblade knife or trefoil, as defined in
(c) Firearm includes, without limitation, any pistol,revolver, shotgun, explosive substance or device, and any other item includedwithin the definition of a firearm in 18 U.S.C. 921, as that sectionexisted on July 1, 1995.
8. The provisions of this section do not prohibit apupil who is suspended or expelled from enrolling in a charter school that isdesigned exclusively for the enrollment of pupils with disciplinary problems ifhe is accepted for enrollment by the charter school pursuant to
(Added to NRS by 1985, 1648; A 1987, 1550; 1989, 429;1991, 628, 1364; 1993, 2161; 1995, 2710; 1997, 2489;
NRS
1. Except as otherwise provided in subsections 4 and5, the board of trustees of a school district may authorize the suspension orexpulsion of any pupil from any public school within the school district.
2. Except as otherwise provided in subsection 5, nopupil may be suspended or expelled until he has been given notice of thecharges against him, an explanation of the evidence and an opportunity for ahearing, except that a pupil who poses a continuing danger to persons orproperty or an ongoing threat of disrupting the academic process or who isselling or distributing any controlled substance or is found to be inpossession of a dangerous weapon as provided in
3. The provisions of chapter241 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 shallnot authorize the expulsion, suspension or removal of any pupil from the publicschool system solely because the pupil is declared a truant or habitual truantin accordance with NRS 392.130 or
5. A pupil who is participating in a program ofspecial education pursuant to NRS 388.520,other than a pupil who is gifted and talented, may, in accordance with theprocedural policy adopted by the board of trustees of the school district forsuch matters, be:
(a) Suspended from school pursuant to this section fornot more than 10 days.
(b) Suspended from school for more than 10 days orpermanently expelled from school pursuant to this section only after the boardof trustees of the school district has reviewed the circumstances anddetermined that the action is in compliance with the Individuals withDisabilities 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)
NRS
1. Except as otherwise provided in this section, apupil who is suspended or expelled from:
(a) Any public school in this State pursuant to
(b) Any school outside of this State for the commissionof any act which, if committed within this State, would be a ground forsuspension or expulsion from public school pursuant to
isineligible to attend any public school in this State during the period of thatsuspension or expulsion.
2. A school district or a charter school, if thecharter school offers the applicable program, may allow a pupil who isineligible to attend a public school pursuant to this section to enroll in:
(a) An alternative program for the education of pupilsat risk of dropping out of high school;
(b) A program of independent study provided pursuant toparagraph (b) of subsection 3 of NRS 389.155,if he qualifies for enrollment and is accepted for enrollment in accordancewith the applicable requirements;
(c) A program of distance education provided pursuantto NRS 388.820 to
(d) Any program of instruction offered pursuant to theprovisions of NRS 388.550.
A schooldistrict or charter school may conduct an investigation of the background ofany such pupil to determine if the educational needs of the pupil may besatisfied without undue disruption to the program. If an investigation isconducted, the board of trustees of the school district or the governing bodyof 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 notprohibit a pupil from enrolling in a charter school that is designedexclusively for the enrollment of pupils with disciplinary problems if he isaccepted for enrollment by the charter school pursuant to
(Added to NRS by 1993, 2306; A 1997, 2491;
CRISIS RESPONSE IN PUBLIC SCHOOLS
NRS
(Added to NRS by
NRS
1. Involves violence;
2. Profoundly and negatively affects or will affectpupils or employees of a public school, or both;
3. Occurs on the property of a public school, at anactivity sponsored by a public school or on a school bus while the bus isengaged in its official duties for a public school; and
4. May involve serious injury or death.
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS
NRS
1. The board of trustees of each school district shallestablish a development committee to develop one plan to be used by all thepublic schools other than the charter schools in the school district inresponding to a crisis. The governing body of each charter school shallestablish a development committee to develop a plan to be used by the charterschool in responding to a crisis.
2. The membership of a development committee mustconsist of:
(a) At least one member of the board of trustees or ofthe governing body that established the committee;
(b) At least one administrator of a school in theschool district or of the charter school;
(c) At least one licensed teacher of a school in theschool district or of the charter school;
(d) At least one employee of a school in the schooldistrict or of the charter school who is not a licensed teacher and who is notresponsible for the administration of the school;
(e) At least one parent or legal guardian of a pupilwho is enrolled in a school in the school district or in the charter school;
(f) At least one representative of a local lawenforcement agency in the county in which the school district or charter schoolis located; and
(g) At least one school police officer, including,without limitation, a chief of school police of the school district if theschool district has school police officers.
3. The membership of a development committee may alsoinclude any other person whom the board of trustees or the governing body deemsappropriate, including, without limitation:
(a) A counselor of a school in the school district orof the charter school;
(b) A psychologist of a school in the school districtor of the charter school;
(c) A licensed social worker of a school in the schooldistrict or of the charter school;
(d) A pupil in grade 10 or higher of a school in theschool district or a pupil in grade 10 or higher of the charter school if aschool in the school district or the charter school includes grade 10 orhigher; and
(e) An attorney or judge who resides or works in thecounty in which the school district or charter school is located.
4. The board of trustees of each school district andthe governing body of each charter school shall determine the term of eachmember of the development committee that it establishes. Each developmentcommittee may adopt rules for its own management and government.
(Added to NRS by
NRS
1. Each development committee established by the boardof trustees of a school district shall develop one plan to be used by all thepublic schools other than the charter schools in the school district inresponding to a crisis. Each development committee established by the governingbody of a charter school shall develop a plan to be used by the charter schoolin responding to a crisis. Each development committee shall, when developingthe plan, consult with the local social service agencies and local lawenforcement agencies in the county in which its school district or charterschool is located. The plan must include, without limitation, a procedure for:
(a) Assisting persons within a school in the schooldistrict or the charter school to communicate with each other;
(b) Assisting persons within a school in the schooldistrict or the charter school to communicate with persons located outside theschool, including, without limitation, relatives of pupils and relatives ofemployees of the school, the news media and persons from local, state orfederal agencies that are responding to a crisis;
(c) Immediately responding to a crisis and forresponding during the period after a crisis has concluded, including, withoutlimitation, a crisis that results in immediate physical harm to a pupil oremployee of a school in the school district or the charter school;
(d) Assisting pupils of a school in the school districtor the charter school, employees of the school and relatives of such pupils andemployees to move safely within and away from the school, including, withoutlimitation, a procedure for evacuating the school and a procedure for securingthe school; and
(e) Enforcing discipline within a school in the schooldistrict or the charter school and for obtaining and maintaining a safe andorderly environment during a crisis.
2. Each development committee shall provide a copy ofthe plan that it develops pursuant to this section to the board of trustees ofthe school district that established the committee or the governing body of thecharter school that established the committee.
3. Except as otherwise provided in
(Added to NRS by
NRS
1. Each development committee shall, at least onceeach year, review and update as appropriate the plan that it developed pursuantto NRS 392.620, and provide an updatedcopy of the plan to the board of trustees of the school district that establishedthe committee or the governing body of the charter school that established thecommittee.
2. The board of trustees of each school district andthe governing body of each charter school shall:
(a) Post a notice of the completion of each review andupdate that its development committee performs pursuant to subsection 1 at eachschool in its school district or at its charter school;
(b) Post a copy of NRS392.600 to 392.656, inclusive, ateach school in its school district or at its charter school;
(c) Retain a copy of each plan developed pursuant to
(d) Provide a copy of each plan developed pursuant to
(1) The State Board;
(2) Each local law enforcement agency in thecounty in which the school district or charter school is located; and
(3) The Division of Emergency Management of theDepartment of Public Safety;
(e) Upon request, provide a copy of each plan developedpursuant to NRS 392.620 and each plan updatedpursuant to subsection 1 to a local agency that is included in the plan and toan employee of a school who is included in the plan;
(f) Upon request, provide a copy of each deviationapproved pursuant to NRS 392.636 to:
(1) The State Board;
(2) A local law enforcement agency in the countyin which the school district or charter school is located;
(3) The Division of Emergency Management of theDepartment of Public Safety;
(4) A local agency that is included in the plan;and
(5) An employee of a school who is included inthe plan; and
(g) At least once each year, provide training inresponding to a crisis to each employee of the school district or of thecharter school, including, without limitation, training concerning drills forevacuating and securing schools.
3. The board of trustees of each school district andthe governing body of each charter school may apply for and accept gifts,grants and contributions from any public or private source to carry out theprovisions of NRS 392.600 to
(Added to NRS by
NRS
1. The principal of each public school, including,without limitation, each charter school, shall establish a school committee toreview the plan developed for the school pursuant to
2. The membership of a school committee must consistof:
(a) The principal of the school;
(b) Two licensed employees of the school;
(c) One employee of the school who is not a licensedemployee and who is not responsible for the administration of the school;
(d) One school police officer of the school if theschool has school police officers; and
(e) One parent or legal guardian of a pupil who isenrolled in the school.
3. The membership of a school committee may alsoinclude any other person whom the principal of the school deems appropriate,including, without limitation:
(a) A member of the board of trustees of the schooldistrict in which the school is located or a member of the governing body ofthe charter school;
(b) A counselor of the school;
(c) A psychologist of the school;
(d) A licensed social worker of the school;
(e) A representative of a local law enforcement agencyin the county, city or town in which the school is located; and
(f) A pupil in grade 10 or higher from the school ifthe school includes grade 10 or higher.
4. The principal of a public school, including, withoutlimitation, a charter school, shall determine the term of each member of theschool committee. Each school committee may adopt rules for its own managementand government.
(Added to NRS by
NRS
1. Each school committee shall, at least once eachyear, review the plan developed for the school pursuant to
2. Each public school, including, without limitation,each charter school, shall post at the school a notice of the completion ofeach review that the school committee performs pursuant to this section.
(Added to NRS by
NRS
1. A development committee that receives a proposeddeviation from a school committee pursuant to NRS392.632 shall, within 60 days after it receives the proposed deviation:
(a) Review the proposed deviation and any informationsubmitted with the proposed deviation; and
(b) Notify the school committee that submitted theproposed deviation whether the proposed deviation has been approved.
2. A development committee shall provide a copy ofeach deviation that it approves pursuant to this section to the board oftrustees of the school district that established the committee or to thegoverning body of the charter school that established the committee.
(Added to NRS by
NRS
1. The State Board shall, with assistance from otherstate agencies, including, without limitation, the Division of EmergencyManagement, the Investigation Division, and the Nevada Highway Patrol of theDepartment of Public Safety, develop a plan for the management of a crisis thatinvolves a public school, including, without limitation, a charter school, or aprivate school and that requires immediate action. The plan must include,without limitation, a procedure for coordinating the resources of local, stateand federal agencies, officers and employees, as appropriate. In developing theplan, the State Board shall consider the plans to respond to crises developedpursuant to NRS 392.620 and
2. The State Board may disseminate to any appropriatelocal, state or federal agency, officer or employee, as the State Boarddetermines is necessary:
(a) The plan developed by the State Board pursuant tosubsection 1;
(b) A plan developed pursuant to
(c) A plan developed pursuant to
(d) A deviation approved pursuant to
(Added to NRS by
NRS
1. The State Board shall adopt regulations settingforth requirements for:
(a) The plan required to be developed pursuant to
(b) Reviewing and approving a deviation pursuant to
2. The regulations adopted pursuant to this sectionmust include, without limitation, requirements concerning training and practicein procedures for responding to a crisis.
(Added to NRS by
NRS
1. If a crisis that requires immediate action occursat a public school, including, without limitation, a charter school, theprincipal of the school involved, or his designated representative, shall, inaccordance with the plan to respond to a crisis developed for the schoolpursuant to NRS 392.620 and inaccordance with any deviation approved pursuant to
2. If a local agency that is responsible forresponding to a crisis is contacted pursuant to subsection 1 and the localagency determines that the crisis requires assistance from a state agency, thelocal agency may:
(a) If a local organization for emergency managementhas been established in the city or county in which the local agency that wascontacted is located, through such local organization for emergency management,notify the Division of Emergency Management of the Department of Public Safetyof the crisis and request assistance from the Division in responding to thecrisis; or
(b) If a local organization for emergency managementhas not been established in the city or county in which the local agency thatwas contacted is located, directly notify the Division of Emergency Managementof the Department of Public Safety of the crisis and request assistance fromthe Division in responding to the crisis.
3. If the Division of Emergency Management of theDepartment of Public Safety receives notification of a crisis and a request forassistance pursuant to subsection 2 and the Governor or his designatedrepresentative determines that the crisis requires assistance from a stateagency, the Division shall carry out its duties set forth in the plan developedpursuant to NRS 392.640 and its dutiesset forth in chapter 414 of NRS, including,without limitation, addressing the immediate crisis and coordinating theappropriate and available local, state and federal resources to provide supportservices and counseling to pupils, teachers, and parents or legal guardians ofpupils, and providing support for law enforcement agencies, for as long as isreasonably necessary.
(Added to NRS by
NRS
(Added to NRS by
NRS
1. A development committee;
2. A school committee; or
3. The State Board if the meeting concerns aregulation adopted pursuant to NRS 392.644or the plan developed pursuant to NRS392.640.
(Added to NRS by
MISCELLANEOUS PROVISIONS
NRS
1. The board of trustees of a county school district,or its designee, shall inform each employee of the district, includingteachers, other licensed employees, drivers of school buses, instructionalaides and office managers, who may have consistent contact with a pupil if thatpupil has, within the preceding 3 years, unlawfully caused or attempted tocause serious bodily injury to any person. The district shall provide thisinformation based upon any written records that the district maintains or whichit receives from a law enforcement agency or a court. The district need notinitiate a request for such information from any source.
2. A school district and the members of its board oftrustees are not liable for failure strictly to comply with this section if agood faith effort to comply is made.
3. Any information received by an employee pursuant tothis section is confidential and must not be further disseminated by theemployee.
(Added to NRS by 1991, 981; A 1997,1362)(Substituted in revision for NRS 392.468)
NRS
1. The board of trustees of each school district, inconjunction with the school police officers of the school district, if any, andthe local law enforcement agencies that have jurisdiction over the schooldistrict, shall establish a policy for the procedures which must be followed bya peace officer in arresting a pupil on school grounds during school hours. Thepolicy must include the circumstances under which the chief administrativeofficer of a school must be notified of the arrest of a pupil.
2. Each law enforcement agency that has jurisdictionover any part of a school district shall adopt the policy which is establishedpursuant to subsection 1.
(Added to NRS by 1993, 853)(Substituted in revisionfor NRS 392.469)
UNLAWFUL ACTS
NRS
1. It is unlawful for any person, against the will ofa pupil attending any public school, to beat, whip, detain or otherwise interferewith him while he is on his way to and from school.
2. Any person who violates any of the provisions ofthis section shall be guilty of a misdemeanor.
[407:32:1956](NRS A 1967, 566)(Substituted inrevision for NRS 392.470)
NRS
1. It is unlawful for any person to disturb the peaceof any public school by using vile or indecent language within the building or groundsof the school. Any person who violates any of the provisions of this subsectionis guilty of a misdemeanor.
2. It is unlawful for any person to assault any pupilor 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 schoolemployees; or
(c) At a location where the pupil or school employee isinvolved in an activity sponsored by a public school.
Except undercircumstances described in paragraph (c) or (d) of subsection 2 of
3. It is unlawful for any person maliciously andpurposely in any manner to interfere with or disturb any persons peaceablyassembled within a building of a public school for school district purposes.Any person who violates any of the provisions of this subsection is guilty of amisdemeanor.
4. For the purposes of this section school employeemeans any licensed or unlicensed person employed by a board of trustees of aschool district pursuant to NRS 391.100.
[408:32:1956](NRS A 1967, 566; 1979, 1617; 1993,239; 2001 SpecialSession, 185; 2003,2)
NRS
1. A person shall not, through the use of any means oforal, written or electronic communication, knowingly threaten to cause bodilyharm or death to a pupil or employee of a school district or charter schoolwith the intent to:
(a) Intimidate, frighten, alarm or distress a pupil oremployee 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 districtor charter school who is the subject of the threat to be intimidated,frightened, alarmed or distressed;
(2) Panic or civil unrest; or
(3) Interference with the operation of a publicschool, including, without limitation, a charter school.
3. As used in this section, oral, written orelectronic communication includes, without limitation, any of the following:
(a) A letter, note or any other type of writtencorrespondence.
(b) An item of mail or a package delivered by anyperson or postal or delivery service.
(c) A telegraph or wire service, or any other similarmeans of communication.
(d) A telephone, cellular phone, satellite phone, pageor facsimile machine, or any other similar means of communication.
(e) A radio, television, cable, closed-circuit, wire,wireless, satellite or other audio or video broadcast or transmission, or anyother similar means of communication.
(f) An audio or video recording or reproduction, or anyother similar means of communication.
(g) An item of electronic mail, a modem or computernetwork, or the Internet, or any other similar means of communication.
(Added to NRS by
NRS
1. It is unlawful for an employer or his agent to:
(a) Terminate the employment of a person who, as the parent,guardian or custodian of a child:
(1) Appears at a conference requested by anadministrator of the school attended by the child; or
(2) Is notified during his work by a schoolemployee of an emergency regarding the child; or
(b) Assert to the person that his appearance orprospective appearance at such a conference or the receipt of such anotification during his work will result in the termination of his employment.
2. Any person who violates the provisions ofsubsection 1 is guilty of a misdemeanor.
3. A person discharged from employment in violation ofsubsection 1 may commence a civil action against his employer and obtain:
(a) Wages and benefits lost as a result of theviolation;
(b) An order of reinstatement without loss of position,seniority or benefits;
(c) Damages equal to the amount of the lost wages andbenefits; and
(d) Reasonable attorneys fees fixed by the court.
(Added to NRS by 1989, 901)(Substituted in revisionfor NRS 392.490)
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