2005 Nevada Revised Statutes - Chapter 388 — System of Public Instruction

CHAPTER 388 - SYSTEM OF PUBLIC INSTRUCTION

GENERAL PROVISIONS

NRS 388.020 Kindsof public schools.

NRS 388.030 Divisionof public schools in school district into departments.

NRS 388.040 Zoningof school district by board of trustees; establishment of zones does notpreclude pupils attendance at certain other public schools.

NRS 388.060 Kindergarten:Establishment; board of trustees authorized to provide transportation to schoolthat offers kindergarten or to provide program of instruction at home; budget.

NRS 388.070 Maintenanceof schools with equal rights and privileges.

NRS 388.075 Periodof silence.

SCHOOL YEAR; MINIMUM NUMBER OF DAYS; HOLIDAYS

NRS 388.080 Schoolyear.

NRS 388.090 Minimumnumber of days of school; application for alternative schedule; application forreduction in minutes or additional minutes; scheduling for closure because ofnatural disaster, inclement weather or accident.

NRS 388.110 Closingpublic schools for legal holidays.

PROVISION OF SAFE AND RESPECTFUL LEARNING ENVIRONMENT

NRS 388.121 Definitions.

NRS 388.125 Harassmentdefined.

NRS 388.129 Intimidationdefined.

NRS 388.132 Legislativedeclaration concerning safe and respectful learning environment.

NRS 388.133 Policyby Department concerning safe and respectful learning environment.

NRS 388.134 Adoptionof policy by school districts; provision of training to school personnel;annual report of violations. [Effective July 1, 2006.]

NRS 388.1345 Compilationof reports by Superintendent of Public Instruction; submission of writtencompilation. [Effective July 1, 2006.]

NRS 388.135 Harassmentand intimidation prohibited.

NRS 388.136 Schoolofficials prohibited from interfering with disclosure of violations.

NRS 388.137 Immunityfor reporting of violations; exceptions.

NRS 388.139 Textof certain provisions required to be included in rules of behavior. [Effectivethrough June 30, 2006.]

NRS 388.139 Textof certain provisions required to be included in rules of behavior. [EffectiveJuly 1, 2006.]

PROHIBITED INSTRUCTION

NRS 388.150 Sectarianand denominational publications and instruction; forfeiture of public schoolmoney for violation; authority to comply with federal Equal Access Act.

CAREER AND TECHNICAL EDUCATION

State Board for Career and Technical Education; Gift Fund for Careerand Technical Education

NRS 388.330 Compositionof Board.

NRS 388.340 Dutiesof Executive Officer.

NRS 388.350 Meetings.

NRS 388.360 Powers.

NRS 388.365 Designationof Fund; use of money.

NRS 388.370 Biennialreport to Governor.

 

Programs of Career and Technical Education

NRS 388.380 Establishmentand maintenance of programs by school districts; endorsement on diplomaindicating successful completion of program.

NRS 388.385 Appointmentof advisory technical skills committee by school districts; duties ofcommittee; service without compensation.

 

Money

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

NRS 388.400 Administration;State Treasurer as custodian.

PROGRAM TO TEACH ENGLISH LANGUAGE TO CERTAIN PUPILS

NRS 388.405 Establishment;regulations; submission of certain evaluations required by federal law.

PUPILS WITH DISABILITIES AND GIFTED AND TALENTED PUPILS

General Provisions

NRS 388.440 Definitions.

 

Educational Services and Programs

NRS 388.450 Specialprovisions for education of pupils with disabilities and gifted and talentedpupils; uniform criteria for eligibility for instruction.

NRS 388.460 Pupilsnot required to take advantage of special provisions for education.

NRS 388.470 Placementof child in special program.

NRS 388.490 Agesfor admission to special programs; enrollment counted for apportionment.

NRS 388.500 Specialungraded schools and programs; powers of trustees.

NRS 388.509 Hearingsconducted pursuant to Individuals with Disabilities Education Act: Authority ofDepartment to issue subpoenas; enforcement of subpoena by court.

NRS 388.520 Useof form for development, review and revision of individualized educationprogram; minimum standards for special education; limitation on apportionmentof state money for instruction.

 

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

NRS 388.521 Definitions.

NRS 388.5215 Aversiveintervention defined.

NRS 388.522 Chemicalrestraint defined.

NRS 388.5225 Corporalpunishment defined.

NRS 388.523 Electricshock defined.

NRS 388.5235 Emergencydefined.

NRS 388.524 Individualizededucation program defined.

NRS 388.5245 Individualizededucation program team defined.

NRS 388.525 Mechanicalrestraint defined.

NRS 388.5255 Physicalrestraint defined.

NRS 388.526 Verbaland mental abuse defined.

NRS 388.5265 Aversiveintervention prohibited.

NRS 388.527 Physicalrestraint and mechanical restraint prohibited; exceptions.

NRS 388.5275 Conditionsunder which physical restraint may be used; report required.

NRS 388.528 Conditionsunder which mechanical restraint may be used; report required.

NRS 388.5285 Mandatoryeducation and training for staff.

NRS 388.529 Disciplinaryaction against person for intentional violation.

NRS 388.5295 Reportof violation; corrective plan required; appointment of administrator to overseeschool under certain circumstances.

NRS 388.531 Retaliationfor reporting violation prohibited.

NRS 388.5315 Reportingof denial of rights; investigation and resolution of disputes by Department.

PROGRAMS TO PREVENT CRIMINAL ACTIVITY; OPERATION OFALTERNATIVE PROGRAMS

NRS 388.532 Developmentof programs.

NRS 388.537 Alternativeprograms for education of pupils at risk of dropping out of high school.

INSTRUCTION OF CHILDREN DETAINED IN FACILITIES FORTHE DETENTION OF CHILDREN, ALTERNATIVE PROGRAMS, JUVENILE FORESTRY CAMPS ANDJUVENILE TRAINING SCHOOLS

NRS 388.550 Employmentof teachers with approval of juvenile court and county commissioners.

NRS 388.560 Coursesof instruction; school district to furnish textbooks, equipment and supplies.

NRS 388.570 Computationof enrollment and average daily attendance; reports to Superintendent of PublicInstruction.

PROGRAMS OF EDUCATION FOR INCARCERATED PERSONS

NRS 388.573 Incarceratedpersons defined.

NRS 388.575 Establishmentof statewide program by Department of Education; requirements of statewideprogram.

NRS 388.577 Fundfor Programs of Education for Incarcerated Persons: Creation; administration;use of money; limitations on use; allocation of money to certain schooldistricts.

NRS 388.579 Boardsof trustees of school districts authorized to operate program; compliance withstatewide program; conditions for receipt of money from Fund.

NRS 388.582 Boardof Regents authorized to offer certain courses to incarcerated persons.

NRS 388.583 Interagencypanel required to be convened if employee of school district who conductsprogram is excluded from facility or institution operated by Department ofCorrections; final decision of panel.

PROGRAM OF INFORMATION CONCERNING MISSING CHILDREN

NRS 388.585 Establishmentof program by trustees; assistance of Attorney General or State Board.

EDUCATION AND COUNSELING OF DISPLACED HOMEMAKERS

NRS 388.605 Definitions.

NRS 388.615 Boardfor the Education and Counseling of Displaced Homemakers: Creation; membership;duties; compensation of members.

NRS 388.625 Establishmentof center for displaced homemakers; deposit of gifts and grants of money;approval of claims.

NRS 388.635 Provisionof services by center for displaced homemakers.

NRS 388.645 Selectionof organization to administer center; coordination with state and federalprograms.

NRS 388.655 Executivedirector for center; quarterly reports to Board.

REDUCTION OF PUPIL-TEACHER RATIO IN CERTAIN CLASSES

NRS 388.700 Reductionof ratio in certain grades; request for variance required under certaincircumstances; reports by State Board and Department; exception to requirementsfor charter schools and distance education.

NRS 388.710 StateBoard of Education to determine data to be monitored by school district; schooldistrict to report data to State Board.

NRS 388.720 Developmentof plan by school district to reduce pupil-teacher ratios; alternative ratiosfor certain grades authorized in certain counties.

EDUCATIONAL FOUNDATIONS

NRS 388.750 Compliancewith Open Meeting Law; availability of records; exemption from certain taxes;nondisclosure of contributors.

EDUCATIONAL TECHNOLOGY

NRS 388.780 Definitions.

NRS 388.785 Commissiondefined.

NRS 388.787 Committeedefined.

NRS 388.790 Commissionon Educational Technology: Creation; membership; terms; removal and vacancy;quarterly meetings required; compensation.

NRS 388.795 Commissionon Educational Technology: Duties; establishment of plan for use of educationaltechnology; administrative support by Department; appointment of advisorycommittee authorized.

NRS 388.800 TrustFund for Educational Technology: Creation; administration; interest and income;use of money in Fund.

NRS 388.805 TrustFund for Educational Technology: Program for school districts to apply formoney from Fund.

DISTANCE EDUCATION

General Provisions

NRS 388.820 Definitions.

NRS 388.823 Courseof distance education defined.

NRS 388.826 Distanceeducation defined.

NRS 388.829 Programof distance education defined.

 

Approved Courses; Procedure for Application

NRS 388.834 Publicationof list of approved distance education courses.

NRS 388.838 Submissionof application to Department; conditions for approval; opportunity to correctdeficiencies.

 

Operation of Programs

NRS 388.842 Alternatescheduling permitted; minimum time required for full-time program.

NRS 388.846 Compliancewith statutes and regulations; notice by charter school to board of trusteesconcerning type of educational services provided.

 

Pupils

NRS 388.850 Eligibilityfor enrollment.

NRS 388.854 Permissionof board of trustees required for enrollment; contents and filing of writtenagreement between board of trustees and provider of distance education program;apportionments withheld if agreement not filed.

NRS 388.858 Permissionof charter school required for part-time enrollment; contents and filing ofwritten agreement between charter school and provider of distance education program;apportionments withheld if agreement not filed.

NRS 388.862 Boardof trustees required to declare public school to which pupil enrolled inprogram is affiliated; applicability of statutes and regulations to pupils.

NRS 388.866 Supervisionof pupil by teacher.

 

Reports and Regulations

NRS 388.870 Contentsand submission of annual report by provider of distance education program.

NRS 388.874 Regulationsof State Board.

MISCELLANEOUS PROVISIONS

NRS 388.880 Immunityfrom civil liability for reporting threat of violence against school official,school employee or pupil; exceptions.

_________

GENERAL PROVISIONS

NRS 388.020 Kindsof public schools.

1. An elementary school is a public school in whichgrade work is not given above that included in the eighth grade, according tothe regularly adopted state course of study.

2. A junior high or middle school is a public schoolin which the sixth, seventh, eighth and ninth grades are taught under a courseof study prescribed and approved by the State Board. The school is anelementary or secondary school for the purpose of the licensure of teachers.

3. A high school is a public school in which subjectsabove the eighth grade, according to the state course of study, may be taught.The school is a secondary school for the purpose of the licensure of teachers.

4. A special school is an organized unit ofinstruction operating with approval of the State Board.

5. A charter school is a public school that is formedpursuant to the provisions of NRS 386.500to 386.610, inclusive.

6. A university school for profoundly gifted pupils isa public school established pursuant to NRS392A.010 to 392A.110, inclusive.

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

NRS 388.030 Divisionof public schools in school district into departments.The board of trustees of a school district may divide the publicschools within the school district into kindergarten, elementary, high schooland other permissible departments, and shall employ competent and legallyqualified teachers for the instruction of the different departments, if:

1. The division into departments is in accordance withthe state courses of study and regulations of the State Board of Education; and

2. There is money for all of the departments, or ifmoney is not available for all of the departments, the division is made in theorder in which the departments are named in this section.

[238:32:1956](NRS A 1969, 257; 1971, 1321; 1975, 48;1979, 1593; 1991, 2076)

NRS 388.040 Zoningof school district by board of trustees; establishment of zones does notpreclude pupils attendance at certain other public schools.

1. Except as otherwise provided in subsection 2, theboard of trustees of a school district that includes more than one school whichoffers instruction in the same grade or grades may zone the school district anddetermine which pupils must attend each school.

2. The establishment of zones pursuant to subsection 1does not preclude a pupil from attending a:

(a) Charter school;

(b) University school for profoundly gifted pupils; or

(c) Public school outside the zone of attendance thatthe pupil is otherwise required to attend if the pupil has been issued afictitious address pursuant to NRS 217.462to 217.471, inclusive, or the parent orlegal guardian with whom the pupil resides has been issued a fictitious addresspursuant to NRS 217.462 to 217.471, inclusive.

[239:32:1956](NRS A 1997, 1865; 2005, 98, 2429)

NRS 388.060 Kindergarten:Establishment; board of trustees authorized to provide transportation to schoolthat offers kindergarten or to provide program of instruction at home; budget.

1. Except as otherwise provided in this subsection,the board of trustees of each school district shall establish, equip andmaintain a kindergarten in each elementary school or each school attendancearea in the district. If, on or before June 1 immediately preceding the schoolyear, admittance to kindergarten has been requested for fewer than 15 children,the mandatory provisions of this subsection do not apply to that school, andthe board may decide whether to establish a kindergarten for those children. Ifthe board decides not to establish such a kindergarten, it may provide:

(a) Transportation for each child to enable him toattend kindergarten at another school; or

(b) Upon agreement with a childs parent or guardian,an authorized program of instruction for kindergarten to be offered in thechilds home, which includes, without limitation, assigning licensededucational personnel to assist and consult with the parent or guardian asnecessary.

2. The board of trustees of a school district in whicha kindergarten is to be established under the provisions of this title of NRSshall budget for this purpose by including the costs in the next regular budgetfor the school district.

[241:32:1956](NRS A 1959, 804; 1969, 258; 1975, 49;1989, 217; 1991, 2076; 1997, 1724)

NRS 388.070 Maintenanceof schools with equal rights and privileges. Whenfeasible, boards of trustees must maintain all the schools established by themfor an equal length of time during the year and, as far as practicable, withequal rights and privileges.

[242:32:1956]

NRS 388.075 Periodof silence. Every school district shall setaside a period at the beginning of each school day, during which all personsmust be silent, for voluntary individual meditation, prayer or reflection bypupils.

(Added to NRS by 1977, 634)(Substituted in revisionfor NRS 389.013)

SCHOOL YEAR; MINIMUM NUMBER OF DAYS; HOLIDAYS

NRS 388.080 Schoolyear.

1. Except as otherwise provided in subsection 2, thepublic school year commences on the 1st day of July and ends on the last day ofJune.

2. After notification to the Superintendent of PublicInstruction that an extended school year program will be operative, any countyschool district may request extension of the school year beyond the last day ofJune for each year of such program.

[243:32:1956](NRS A 1973, 645; 1979, 1593)

NRS 388.090 Minimumnumber of days of school; application for alternative schedule; application forreduction in minutes or additional minutes; scheduling for closure because ofnatural disaster, inclement weather or accident.

1. Except as otherwise provided in this section,boards of trustees of school districts shall schedule and provide a minimum of180 days of free school in the districts under their charge.

2. Except for an alternative schedule described insubsection 3, the Superintendent of Public Instruction may, upon application bythe board of trustees of a school district, authorize the school district toprovide a program of instruction based on an alternative schedule if the numberof minutes of instruction to be provided is equal to or greater than the numberof minutes of instruction that would be provided in a program of instructionconsisting of 180 school days. The Superintendent of Public Instruction shallnotify the board of trustees of the school district of the approval or denialof the application not later than 30 days after the Superintendent of PublicInstruction receives the application. An alternative schedule proposed pursuantto this subsection must be developed in accordance with chapter 288 of NRS. If a school district islocated in a county whose population is 100,000 or more, the school districtmay not submit an application pursuant to this subsection unless the proposedalternative schedule of the school district will apply only to a rural portionor a remote portion of the county in which the school district is located, asdefined by the State Board pursuant to subsection 9.

3. The Superintendent of Public Instruction may, uponapplication by the board of trustees of a school district, authorize areduction of not more than 15 school days in that particular district toestablish or maintain an alternative schedule consisting of a 12-month schoolprogram if the board of trustees demonstrates that the proposed alternativeschedule for the program provides for a number of minutes of instruction thatis equal to or greater than that which would be provided under a program consistingof 180 school days. Before authorizing a reduction in the number of requiredschool days pursuant to this subsection, the Superintendent of PublicInstruction must find that the proposed alternative schedule will be used toalleviate problems associated with a growth in enrollment or overcrowding.

4. The Superintendent of Public Instruction may, uponapplication by a board of trustees, authorize the addition of minutes ofinstruction to any scheduled day of free school if days of free school are lostbecause of any interscholastic activity. Not more than 5 days of free school solost may be rescheduled in this manner. The provisions of this subsection donot apply to an alternative schedule approved pursuant to subsection 2.

5. The number of minutes of instruction required for aparticular group of pupils in a program of instruction based on an alternativeschedule approved pursuant to this section must be determined by multiplyingthe appropriate minimum daily period of instruction established by the StateBoard by regulation for that particular group of pupils by 180.

6. Each school district shall schedule at least 3contingent days of school, or its equivalent if the school district operatesunder an alternative schedule authorized pursuant to this section, in additionto the number of days required by this section, which must be used if a naturaldisaster, inclement weather or an accident necessitates the closing of amajority of the facilities within the district. The 3 contingent days ofschool, or its equivalent, may be scheduled as:

(a) Full days of school;

(b) An equivalent number of minutes of instructionadded to any scheduled day of instruction, except that the minutes added mustnot be less than 30 minutes per school day; or

(c) Any combination thereof.

7. If more than 3 days of free school or minutes ofinstruction equaling 3 days of free school, or the equivalent if the schooldistrict operates under an alternative schedule authorized pursuant to thissection, are lost because a natural disaster, inclement weather or an accidentnecessitates the closing of a majority of the facilities within a schooldistrict, the Superintendent of Public Instruction, upon application by theschool district, may permit the additional days or equivalent minutes of instructionlost to be counted as school days in session. The application must be submittedin the manner prescribed by the Superintendent of Public Instruction.

8. The Superintendent of Public Instruction may, uponapplication by the board of trustees of a school district, authorize additionaldays or minutes of instruction for a program of remedial education that isfully paid for through the school district, including, without limitation, theprovision of transportation. If the Superintendent of Public Instructionauthorizes such additional days or minutes, the board of trustees may adopt apolicy prescribing the minimum number of days of attendance or the minimumnumber of minutes of attendance for a pupil who is determined to need suchremedial education. If the board of trustees adopts such a policy, the policymust include, without limitation, the criteria for determining that a pupil beenrolled in the program of remedial education, the procedure pursuant to whichparents and guardians will be notified of the pupils progress throughout theschool year and a process for appealing a determination regarding a pupilsneed for remedial education.

9. The State Board shall adopt regulations:

(a) Providing procedures for changing schedules ofinstruction to be used if a natural disaster, inclement weather or an accidentnecessitates the closing of a particular school within a school district.

(b) Defining a rural portion of a county and a remoteportion of a county for the purposes of subsection 2.

[244:32:1956](NRS A 1973, 261; 1987, 1024; 1991,1366; 1995, 2521; 2001,3156; 2003, 3215;2005, 257, 518)

NRS 388.110 Closingpublic schools for legal holidays. No schoolmay be kept open on any day declared to be a legal holiday pursuant to NRS 236.015.

[246:32:1956](NRS A 1967, 105; 1971, 1321; 1979,1594; 1999, 2412)

PROVISION OF SAFE AND RESPECTFUL LEARNING ENVIRONMENT

NRS 388.121 Definitions. As used in NRS 388.121to 388.139, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 388.125 and 388.129 have the meanings ascribed to themin those sections.

(Added to NRS by 2001, 1928; A 2005, 705)

NRS 388.125 Harassmentdefined. Harassment means a willful act orcourse of conduct that is not otherwise authorized by law and is:

1. Highly offensive to a reasonable person; and

2. Intended to cause and actually causes anotherperson to suffer serious emotional distress.

(Added to NRS by 2001, 1928)

NRS 388.129 Intimidationdefined. Intimidation means a willful act orcourse of conduct that is not otherwise authorized by law and:

1. Is highly offensive to a reasonable person; and

2. Poses a threat of immediate harm or actuallyinflicts harm to another person or to the property of another person.

(Added to NRS by 2001, 1928)

NRS 388.132 Legislativedeclaration concerning safe and respectful learning environment. The Legislature declares that:

1. A learning environment that is safe and respectfulis essential for the pupils enrolled in the public schools in this State toachieve academic success and meet this States high academic standards;

2. Any form of harassment or intimidation in publicschools seriously interferes with the ability of teachers to teach in theclassroom and the ability of pupils to learn;

3. The intended goal of the Legislature is to ensurethat:

(a) The public schools in this State provide a safe andrespectful learning environment in which persons of differing beliefs,characteristics and backgrounds can realize their full academic and personalpotential;

(b) All administrators, principals, teachers and otherpersonnel of the school districts and public schools in this State demonstrateappropriate behavior on the premises of any public school by treating otherpersons, including, without limitation, pupils, with civility and respect andby refusing to tolerate harassment or intimidation; and

(c) All persons in public schools are entitled tomaintain their own beliefs and to respectfully disagree without resorting toviolence, harassment or intimidation; and

4. By declaring its goal that the public schools inthis State provide a safe and respectful learning environment, the Legislatureis not advocating or requiring the acceptance of differing beliefs in a mannerthat would inhibit the freedom of expression, but is requiring that pupils withdiffering beliefs be free from abuse and harassment.

(Added to NRS by 2001, 1929; A 2005, 705)

NRS 388.133 Policyby Department concerning safe and respectful learning environment.

1. The Department 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, prescribe byregulation a policy for all school districts and public schools to provide asafe and respectful learning environment that is free of harassment andintimidation.

2. The policy must include, without limitation:

(a) Requirements and methods for reporting violationsof NRS 388.135; and

(b) A policy for use by school districts to trainadministrators, principals, teachers and all other personnel employed by theboard of trustees of a school district. The policy must include, withoutlimitation:

(1) Training in the appropriate methods tofacilitate positive human relations among pupils without the use of harassmentand intimidation so that pupils may realize their full academic and personalpotential;

(2) Methods to improve the school environment ina manner that will facilitate positive human relations among pupils; and

(3) Methods to teach skills to pupils so thatthe pupils are able to replace inappropriate behavior with positive behavior.

(Added to NRS by 2005, 704)

NRS 388.134 Adoptionof policy by school districts; provision of training to school personnel;annual report of violations. [Effective July 1, 2006.]The board of trustees of each school district shall:

1. Adopt the policy prescribed by the Departmentpursuant to NRS 388.133. The board oftrustees may adopt an expanded policy if the expanded policy complies with thepolicy prescribed by the Department.

2. Provide for the appropriate training of alladministrators, principals, teachers and all other personnel employed by theboard of trustees in accordance with the policy prescribed by the Departmentpursuant to NRS 388.133.

3. On or before September 1 of each year, submit areport to the Superintendent of Public Instruction that includes a descriptionof each violation of NRS 388.135occurring in the immediately preceding school year that resulted in personnelaction against an employee or suspension or expulsion of a pupil, if any.

(Added to NRS by 2005, 705, effectiveJuly 1, 2006)

NRS 388.1345 Compilationof reports by Superintendent of Public Instruction; submission of writtencompilation. [Effective July 1, 2006.] The Superintendentof Public Instruction shall:

1. Compile the reports submitted pursuant to NRS 388.134 and prepare a written report ofthe compilation.

2. On or before October 1 of each year, submit thewritten compilation to the Attorney General.

(Added to NRS by 2005, 705, effectiveJuly 1, 2006)

NRS 388.135 Harassmentand intimidation prohibited. A member of theboard of trustees of a school district, any employee of the board of trustees,including, without limitation, an administrator, principal, teacher or otherstaff member, or any pupil shall not engage in harassment or intimidation onthe premises of any public school, at an activity sponsored by a public schoolor on any school bus.

(Added to NRS by 2001, 1929)

NRS 388.136 Schoolofficials prohibited from interfering with disclosure of violations.

1. A school official shall not directly or indirectlyinterfere with or prevent the disclosure of information concerning a violationof NRS 388.135.

2. As used in this section, school official means:

(a) A member of the board of trustees of a schooldistrict; or

(b) A licensed or unlicensed employee of a schooldistrict.

(Added to NRS by 2005, 705)

NRS 388.137 Immunityfor reporting of violations; exceptions. Nocause of action may be brought against a pupil or an employee or volunteer of aschool who reports a violation of NRS388.135 unless the person who made the report acted with malice,intentional misconduct, gross negligence, or intentional or knowing violationof the law.

(Added to NRS by 2005, 705)

NRS 388.139 Textof certain provisions required to be included in rules of behavior. [Effectivethrough June 30, 2006.] Each school districtshall include the text of the provisions of NRS388.125 to 388.135, inclusive, underthe heading Harassment and Intimidation Is Prohibited in Public Schools,within each copy of the rules of behavior for pupils that the school districtprovides to pupils pursuant to NRS 392.463.

(Added to NRS by 2001, 1929)

NRS 388.139 Text of certain provisions requiredto be included in rules of behavior. [Effective July 1, 2006.] Each school district shall include the text of theprovisions of NRS 388.125 to 388.135, inclusive, and the policy adoptedby the board of trustees of the school district pursuant to NRS 388.134 under the heading Harassmentand Intimidation Is Prohibited in Public Schools, within each copy of therules of behavior for pupils that the school district provides to pupilspursuant to NRS 392.463.

(Added to NRS by 2001, 1929; A 2005, 706, effectiveJuly 1, 2006)

PROHIBITED INSTRUCTION

NRS 388.150 Sectarianand denominational publications and instruction; forfeiture of public schoolmoney for violation; authority to comply with federal Equal Access Act.

1. No books, tracts or papers of a sectarian ordenominational character may be used or introduced in any public schoolestablished pursuant to the provisions of this title of NRS, nor may anysectarian or denominational doctrines be taught in any public school.

2. Any school district or charter school whoseofficers knowingly allow any public schools to be taught in violation of thissection forfeits all right to any public school funds.

3. Nothing in this section prohibits a school districtor charter school from complying with applicable federal laws, such as theEqual Access Act, 20 U.S.C. 4071 et seq.

[251:32:1956](NRS A 1997, 1865; 1999, 1674)

CAREER AND TECHNICAL EDUCATION

State Board for Career and Technical Education; Gift Fundfor Career and Technical Education

NRS 388.330 Compositionof Board. The State Board for Career and TechnicalEducation consists of the members of the State Board of Education.

[269:32:1956](NRS A 1985, 811; 2005, 1047)

NRS 388.340 Dutiesof Executive Officer.

1. The Superintendent of Public Instruction shallserve as Executive Officer of the State Board for Career and TechnicalEducation.

2. The Executive Officer shall:

(a) Employ personnel for such positions as are approvedby the State Board for Career and Technical Education and necessary to carryout properly the provisions of this title relating to career and technicaleducation.

(b) Carry into effect the regulations of the StateBoard for Career and Technical Education.

(c) Maintain an office for the Board.

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

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

NRS 388.350 Meetings. The State Board for Career and Technical Education mayhold at least four meetings regularly in each year at the State Capital, coincidentwith the meetings of the State Board of Education.

[271:32:1956](NRS A 1971, 1322; 1983, 1441; 1985,812; 2005, 1048)

NRS 388.360 Powers. The State Board for Career and Technical Education may:

1. Cooperate with any federal agency, board ordepartment designated to administer the Acts of Congress apportioning federalmoney to the State of Nevada for career and technical education.

2. Establish policies and adopt regulations for theadministration of any legislation enacted pursuant thereto by the State ofNevada.

3. Establish policies and adopt regulations for theadministration of money provided by the Federal Government and the State ofNevada for the promotion, extension and improvement of career and technicaleducation in Nevada.

4. Establish policies or regulations and formulateplans for the promotion of career and technical education in such subjects asare an essential and integral part of the system of public education in theState of Nevada.

5. Establish policies to provide for the preparationof teachers of such programs and subjects.

6. Approve positions for such persons as may benecessary to administer the federal act and provisions of this title enactedpursuant thereto for the State of Nevada.

7. Direct its Executive Officer to make studies andinvestigations relating to career and technical education.

8. Establish policies to promote and aid in theestablishment by local communities of schools, departments or classes givingtraining in career and technical subjects.

9. Cooperate with local communities in the maintenanceof such schools, departments or classes.

10. Prescribe qualifications for the teachers,directors and supervisors of career and technical subjects.

11. Provide for the certification of such teachers, directorsand supervisors.

12. Establish policies or regulations to cooperate inthe maintenance of classes supported and controlled by the public for thepreparation of the teachers, directors and supervisors of career and technicalsubjects, or maintain such classes under its own direction and control.

13. Establish by regulation the qualificationsrequired for persons engaged in the training of teachers for career andtechnical education.

[272:32:1956](NRS A 1957, 213; 1979, 1594; 1985,812; 2005, 1048)

NRS 388.365 Designationof Fund; use of money.

1. All gifts of money which the State Board for Careerand Technical Education is authorized to accept must be deposited in apermanent trust fund in the State Treasury designated as the Gift Fund forCareer and Technical Education.

2. The money available in the Fund must be used onlyfor the purpose specified by the donor, within the scope of the Boards powersand duties. The Board may adopt regulations or establish policies for thedisbursement of money from the Fund in accordance with the terms of the gift orbequest on warrants of the State Controller issued upon the orders of theExecutive Officer of the State Board for Career and Technical Education. Anyexpenditures pursuant to this section may include matching state and federalmoney available for career and technical education.

3. If all or part of the money accepted by the Boardfrom a donor is not expended before the end of the fiscal year in which thegift was accepted, the remaining balance of the amount donated must remain inthe Fund until needed for the purpose specified by the donor.

(Added to NRS by 1960, 30; A 1971, 334; 1979, 619,1595; 1983, 393; 1985, 813; 2005, 1049)

NRS 388.370 Biennialreport to Governor. The Executive Officer of theState Board for Career and Technical Education shall make a report bienniallyto the Governor.

[273:32:1956](NRS A 1979, 1595; 1985, 813; 2005, 1049)

Programs of Career and Technical Education

NRS 388.380 Establishmentand maintenance of programs by school districts; endorsement on diplomaindicating successful completion of program.

1. Except as otherwise provided in subsection 3, theboard of trustees of a school district in a county whose population is 100,000or more shall and any other board of trustees of a school district may:

(a) Establish and maintain a program of career andtechnical education giving instruction in the subjects approved by the StateBoard for Career and Technical Education.

(b) Raise and expend money for the establishment andmaintenance of a program of career and technical education.

2. A pupil who successfully completes a program ofcareer and technical education and who otherwise satisfies the requirements forgraduation from high school must be awarded a high school diploma with anendorsement indicating that the pupil has successfully completed the program ofcareer and technical education. The provisions of this subsection do notpreclude a pupil from receiving more than one endorsement on his diploma, ifapplicable.

3. The board of trustees of each school district shallincorporate into the curriculum:

(a) Guidance and counseling in career and technicaleducation in accordance with NRS 389.180;and

(b) Technology.

4. The State Board for Career and Technical Educationshall adopt regulations prescribing the endorsement of career and technicaleducation for a high school diploma.

[274:32:1956](NRS A 1957, 214; 1985, 813; 1991,2086; 1999, 3257;2005, 1049)

NRS 388.385 Appointmentof advisory technical skills committee by school districts; duties ofcommittee; service without compensation.

1. If the board of trustees of a school district hasestablished a program of career and technical education pursuant to NRS 388.380 and to the extent that money isavailable from this State or the Federal Government, the superintendent ofschools of the school district shall appoint an advisory technical skillscommittee consisting of:

(a) Representatives of businesses and industries in thecommunity;

(b) Employees of the school district who possessknowledge and experience in career and technical education;

(c) Pupils enrolled in public schools in the schooldistrict;

(d) Parents and legal guardians of pupils enrolled inpublic schools in the school district;

(e) To the extent practicable, representatives ofpostsecondary educational institutions that provide career and technicaleducation; and

(f) Other interested persons.

2. An advisory technical skills committee establishedpursuant to subsection 1 shall:

(a) Review the curriculum, design, content andoperation of the program of career and technical education to determine itseffectiveness in:

(1) Preparing pupils enrolled in the program toenter the workforce and meeting the needs of supplying an appropriately trainedworkforce to businesses and industries in the community; and

(2) Complying with the provisions of NRS 388.330 to 388.400, inclusive, and any regulationsadopted pursuant thereto.

(b) Advise the school district regarding thecurriculum, design, content, operation and effectiveness of the program ofcareer and technical education.

(c) Provide technical assistance to the school districtin designing and revising as necessary the curriculum for the program of careerand technical education.

(d) In cooperation with businesses, industries,employer associations and employee organizations in the community, developwork-based experiences for pupils enrolled in the program of career andtechnical education. The work-based experiences must:

(1) Be designed:

(I) For pupils enrolled in grades 11 and12, but may be offered to pupils enrolled in grades 9 and 10 upon the approvalof the principal of the school where the program is offered.

(II) To prepare and train pupils to workas apprentices in business settings.

(2) Allow a pupil to earn academic credit forthe work-based experience.

(e) Meet at least three times each calendar year.

(f) Provide to the superintendent of schools of theschool district any recommendations regarding the program of career andtechnical education and any actions of the committee.

(g) Comply with the provisions of chapter 241 of NRS.

3. The members of an advisory technical skillscommittee serve without compensation.

(Added to NRS by 2005, 1046)

Money

NRS 388.390 Certainschool districts and charter schools entitled to share in available money. If the board of trustees of a school district or thegoverning body of a charter school organizes a program of career and technical educationin accordance with the regulations adopted by the State Board for Career andTechnical Education and the program has been approved by the Executive Officerof the Board, the school district or the charter school is entitled to share infederal and state money available for the promotion of career and technical educationin the amount determined by the Executive Officer of the Board, in accordancewith the regulations and policies of the Board.

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

NRS 388.400 Administration;State Treasurer as custodian.

1. The money for career and technical education mustbe provided for and raised in the manner specified in NRS 387.050 and 388.330 to 388.400, inclusive.

2. The State Treasurer is the custodian of the moneyand shall make disbursements therefrom on warrants of the State Controllerissued upon the order of the Executive Officer of the State Board for Careerand Technical Education.

[276:32:1956](NRS A 1957, 214; 1979, 1596; 1985,814; 1991, 2087; 2005,1050)

PROGRAM TO TEACH ENGLISH LANGUAGE TO CERTAIN PUPILS

NRS 388.405 Establishment;regulations; submission of certain evaluations required by federal law. The State Board shall:

1. Establish a program to teach the English languageto pupils who are limited English proficient.

2. Adopt regulations to carry out the program. Theregulations must prescribe the procedure by which a school district may obtaina waiver from the requirements of the program.

3. Submit all evaluations required pursuant to 20U.S.C. 6801 et seq. and the regulations adopted pursuant thereto regardingthe programs for pupils who are limited English proficient carried out pursuantto that provision of federal law to the:

(a) Governor;

(b) Committee;

(c) Bureau; and

(d) Board of trustees of each school district.

(Added to NRS by 1995, 2711; A 2003, 19th SpecialSession, 50)

PUPILS WITH DISABILITIES AND GIFTED AND TALENTED PUPILS

General Provisions

NRS 388.440 Definitions. As used in NRS 388.440to 388.5315, inclusive:

1. Gifted and talented pupil means a person underthe age of 18 years who demonstrates such outstanding academic skills oraptitudes that he cannot progress effectively in a regular school program andtherefore needs special instruction or special services.

2. Pupil with a disability means a person under theage of 22 years who deviates either educationally, physically, socially oremotionally so markedly from normal patterns that he cannot progresseffectively in a regular school program and therefore needs special instructionor special services.

[280:32:1956](NRS A 1969, 444; 1973, 1427, 1579,1846; 1989, 691; 1993, 2159; 1999, 3241)

Educational Services and Programs

NRS 388.450 Specialprovisions for education of pupils with disabilities and gifted and talentedpupils; uniform criteria for eligibility for instruction.

1. The Legislature declares that the basic supportguarantee for each special education program unit established by law for eachschool year establishes financial resources sufficient to ensure a reasonablyequal educational opportunity to pupils with disabilities and gifted andtalented pupils residing in Nevada.

2. Subject to the provisions of NRS 388.440 to 388.520, inclusive, the board of trusteesof each school district shall make such special provisions as may be necessaryfor the education of pupils with disabilities and gifted and talented pupils.

3. The board of trustees of a school district shallestablish uniform criteria governing eligibility for instruction under thespecial education programs provided for by NRS388.440 to 388.520, inclusive. Thecriteria must prohibit the placement of a pupil in a program for pupils withdisabilities solely because the pupil is a disciplinary problem in school. Thecriteria are subject to such standards as may be prescribed by the State Board.

[281:32:1956](NRS A 1969, 445, 887; 1973, 1428;1979, 1596; 1993, 2159; 1995, 679; 1999, 1966)

NRS 388.460 Pupilsnot required to take advantage of special provisions for education. A pupil must not be required to take advantage of thespecial provisions for the education of pupils with disabilities or gifted andtalented pupils if the parent or guardian of the pupil files a statement withthe board of trustees of the school district showing that the pupil isreceiving adequate educational advantages.

[282:32:1956](NRS A 1969, 445; 1973, 1428; 1993,2159)

NRS 388.470 Placementof child in special program.

1. Before any child is placed in a special program forpupils with disabilities or gifted and talented pupils:

(a) A consultation must be held with his parents orguardian.

(b) An examination must be conducted for the purpose offinding the extent to which the child deviates from normal growth anddevelopment patterns. The examination must be conducted in accordance withstandards prescribed by the State Board.

2. A psychiatrist may be consulted in any specificcase when the board of trustees of a school district deems it necessary.

3. The board of trustees of a school district or thegoverning body of a charter school shall not place a child or authorize theplacement of a child in a program for pupils with disabilities solely becausethe child is a disciplinary problem in school.

[283:32:1956](NRS A 1973, 1428; 1979, 1596; 1993,2159; 1999, 1966)

NRS 388.490 Agesfor admission to special programs; enrollment counted for apportionment.

1. Except as otherwise provided in NRS 388.460, eligible pupils with disabilitiesmust be admitted at the age of 3 years to special programs established for suchpupils, and their enrollment or attendance may be counted for the purpose ofapportionment.

2. Gifted and talented pupils may be admitted at theage of 4 years to special programs established for such pupils, and theirenrollment or attendance may be counted for apportionment purposes.

[285:32:1956](NRS A 1969, 445; 1971, 548; 1973,1429; 1975, 1119; 1989, 691, 1555; 1993, 2160)

NRS 388.500 Specialungraded schools and programs; powers of trustees.

1. Pupils with disabilities or gifted and talentedpupils, or both, may be instructed in special ungraded schools or withinspecial programs established for the instruction of such pupils.

2. Boards of trustees of school districts may:

(a) Purchase sites and erect buildings for thosepurposes in the same manner as other school sites or school buildings may bepurchased and erected.

(b) Rent suitable property at an economical rental forspecial or ungraded rooms.

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

[286:32:1956](NRS A 1969, 445; 1973, 1429; 1993,2160)

NRS 388.509 Hearingsconducted pursuant to Individuals with Disabilities Education Act: Authority ofDepartment to issue subpoenas; enforcement of subpoena by court.

1. The Department may issue a subpoena to compel theattendance of witnesses, the giving of testimony and the production of booksand papers at an administrative hearing conducted pursuant to the provisions of20 U.S.C. 1415 on behalf of a party to that hearing. The subpoena must besigned by the Superintendent of Public Instruction or a person designated bythe Superintendent for this purpose. If a person fails to comply with asubpoena, the Department may apply to the district court for enforcement of thesubpoena.

2. The district court in and for Carson City or thecounty in which a hearing is being conducted for which such a subpoena wasissued may, upon receipt of such an application, compel the attendance ofwitnesses, the giving of testimony and the production of books and papers asrequired by the subpoena.

3. In case of the refusal of any witness to attend ortestify or produce any papers required by the subpoena, the person holding thehearing may report to the district court by petition, setting forth:

(a) That due notice has been given of the time andplace of attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in accordancewith this section; and

(c) That the witness has failed and refused to attendor produce the papers required by subpoena before the person holding thehearing named in the subpoena, or has refused to answer questions propounded tohim in the course of the hearing,

and askingan order of the court compelling the witness to attend and testify or producethe books or papers before the person.

4. The court, upon petition of the person holding thehearing, shall enter an order directing the witness to appear before the courtat a time and place to be fixed by the court in the order, the time must not bemore than 10 days after the date of the order, and then and there show causewhy he has not attended or testified or produced the books or papers before theperson holding the hearing. A certified copy of the order must be served uponthe witness. If it appears to the court that the subpoena was regularly issuedby the person holding the hearing, the court shall thereupon enter an orderthat the witness appear before the person at the time and place fixed in theorder and testify or produce the required books or papers, and upon failure toobey the order, the witness must be dealt with as for contempt of court.

(Added to NRS by 1997, 2526)

NRS 388.520 Useof form for development, review and revision of individualized educationprogram; minimum standards for special education; limitation on apportionmentof state money for instruction.

1. The Departmentshall:

(a) Prescribe aform that contains the basic information necessary for the uniform development,review and revision of an individualized education program for a pupil with adisability in accordance with 20 U.S.C. 1414(d); and

(b) Make the formavailable on a computer disc for use by school districts and, upon request, inany other manner deemed reasonable by the Department.

2. Except asotherwise provided in this subsection, each school district shall ensure thatthe form prescribed by the Department is used for the development, review andrevision of an individualized education program for each pupil with a disabilitywho receives special education in the school district. A school district mayuse an expanded form that contains additions to the form prescribed by theDepartment if the basic information contained in the expanded form complieswith the form prescribed by the Department.

3. The StateBoard shall prescribe minimum standards for the special education of pupilswith disabilities and gifted and talented pupils.

4. The minimumstandards prescribed by the State Board must include standards for programs ofinstruction or special services maintained for the purpose of serving pupilswith:

(a) Hearingimpairments, including, but not limited to, deafness.

(b) Visualimpairments, including, but not limited to, blindness.

(c) Orthopedicimpairments.

(d) Speech andlanguage impairments.

(e) Mentalretardation.

(f) Multipleimpairments.

(g) Seriousemotional disturbances.

(h) Other healthimpairments.

(i) Specificlearning disabilities.

(j) Autism.

(k) Traumaticbrain injuries.

(l) Developmentaldelays.

(m) Gifted andtalented abilities.

5. Noapportionment of state money may be made to any school district or charterschool for the instruction of pupils with disabilities and gifted and talentedpupils until the program of instruction maintained therein for such pupils isapproved by the Superintendent of Public Instruction as meeting the minimumstandards prescribed by the State Board.

6. The Departmentshall, upon the request of the board of trustees of a school district, provideinformation to the board of trustees concerning the identification andevaluation of pupils with disabilities in accordance with the standardsprescribed by the State Board.

7. As used in this section, individualized educationprogram has the meaning ascribed to it in 20 U.S.C. 1414(d)(1)(A).

[288:32:1956](NRS A 1969, 445; 1973, 1429; 1977,885; 1979, 1597; 1981, 245; 1989, 692; 1993, 2160; 1997, 1867; 1999, 1750)

Use of Aversive Intervention, Physical Restraint andMechanical Restraint on Pupils With Disabilities

NRS 388.521 Definitions. As used in NRS 388.521to 388.5315, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 388.5215 to 388.526, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1999, 3236)

NRS 388.5215 Aversiveintervention defined. Aversive interventionmeans any of the following actions if the action is used to punish a pupil witha disability or to eliminate, reduce or discourage maladaptive behavior of apupil with a disability:

1. The use of noxious odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. The administration of chemical restraint to aperson;

8. The placement of a person alone in a room whererelease from the room is prohibited by a mechanism, including, withoutlimitation, a lock, device or object positioned to hold the door closed orotherwise prevent the person from leaving the room;

9. Requiring a person to perform exercise under forcedconditions if the:

(a) Person is required to perform the exercise becausehe exhibited a behavior that is related to his disability;

(b) Exercise is harmful to the health of the personbecause of his disability; or

(c) Nature of the persons disability prevents him fromengaging in the exercise; or

10. The deprivation of necessities needed to sustainthe health of a person, regardless of the length of the deprivation, including,without limitation, the denial or unreasonable delay in the provision of:

(a) Food or liquid at a time when it is customarilyserved; or

(b) Medication.

(Added to NRS by 1999, 3237)

NRS 388.522 Chemicalrestraint defined. Chemical restraint meansthe administration of drugs for the specific and exclusive purpose ofcontrolling an acute or episodic aggressive behavior when alternativeintervention techniques have failed to limit or control the behavior. The termdoes not include the administration of drugs on a regular basis, as prescribedby a physician, to treat the symptoms of mental, physical, emotional orbehavioral disorders and for assisting a person in gaining self-control overhis impulses.

(Added to NRS by 1999, 3237)

NRS 388.5225 Corporalpunishment defined. Corporal punishmentmeans the intentional infliction of physical pain, including, withoutlimitation, hitting, pinching or striking.

(Added to NRS by 1999, 3237)

NRS 388.523 Electricshock defined. Electric shock means theapplication of electric current to a persons skin or body. The term does notinclude electroconvulsive therapy.

(Added to NRS by 1999, 3237)

NRS 388.5235 Emergencydefined. Emergency means a situation inwhich immediate intervention is necessary to protect the physical safety of aperson or others from an immediate threat of physical injury or to protectagainst an immediate threat of severe property damage.

(Added to NRS by 1999, 3237)

NRS 388.524 Individualizededucation program defined. Individualizededucation program has the meaning ascribed to it in 20 U.S.C. 1414(d)(1)(A).

(Added to NRS by 1999, 3237)

NRS 388.5245 Individualizededucation program team defined. Individualizededucation program team has the meaning ascribed to it in 20 U.S.C. 1414(d)(1)(B).

(Added to NRS by 1999, 3237)

NRS 388.525 Mechanicalrestraint defined. Mechanical restraintmeans the use of devices, including, without limitation, mittens, straps andrestraint chairs to limit a persons movement or hold a person immobile.

(Added to NRS by 1999, 3238)

NRS 388.5255 Physicalrestraint defined. Physical restraint meansthe use of physical contact to limit a persons movement or hold a personimmobile.

(Added to NRS by 1999, 3238)

NRS 388.526 Verbaland mental abuse defined. Verbal and mentalabuse means actions or utterances that are intended to cause and actuallycause severe emotional distress to a person.

(Added to NRS by 1999, 3238)

NRS 388.5265 Aversiveintervention prohibited. A person employed bythe board of trustees of a school district or any other person shall not useany aversive intervention on a pupil with a disability.

(Added to NRS by 1999, 3238)

NRS 388.527 Physicalrestraint and mechanical restraint prohibited; exceptions. A person employed by the board of trustees of a schooldistrict or any other person shall not:

1. Except as otherwise provided in NRS 388.5275, use physical restraint on apupil with a disability.

2. Except as otherwise provided in NRS 388.528, use mechanical restraint on apupil with a disability.

(Added to NRS by 1999, 3238)

NRS 388.5275 Conditionsunder which physical restraint may be used; report required.

1. Except as otherwise provided in subsection 2,physical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use ofphysical restraint;

(b) The physical restraint is used only for the periodthat is necessary to contain the behavior of the pupil so that the pupil is nolonger an immediate threat of causing physical injury to himself or others orcausing severe property damage; and

(c) The use of force in the application of physicalrestraint does not exceed the force that is reasonable and necessary under thecircumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a pupil with adisability and the provisions of subsection 1 do not apply if the physicalrestraint is used to:

(a) Assist the pupil in completing a task or responseif the pupil does not resist the application of physical restraint or if hisresistance is minimal in intensity and duration;

(b) Escort or carry a pupil to safety if the pupil isin danger in his present location; or

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

3. If physical restraint is used on a pupil with adisability in an emergency, the use of the procedure must be reported in thepupils cumulative record and a confidential file maintained for the pupil notlater than 1 working day after the procedure is used. A copy of the report mustbe provided to the board of trustees of the school district, the pupilsindividualized education program team and the parent or guardian of the pupil.If the board of trustees determines that a denial of the pupils rights hasoccurred, the board of trustees may submit a report to the Department in accordancewith NRS 388.5315.

(Added to NRS by 1999, 3238)

NRS 388.528 Conditionsunder which mechanical restraint may be used; report required.

1. Except as otherwise provided in subsection 2,mechanical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use ofmechanical restraint;

(b) A medical order authorizing the use of mechanicalrestraint is obtained from the pupils treating physician before theapplication of the mechanical restraint or not later than 15 minutes after theapplication of the mechanical restraint;

(c) The physician who signed the order requiredpursuant to paragraph (b) or the attending physician examines the pupil as soonas practicable;

(d) The mechanical restraint is applied by a member ofthe staff of the school who is trained and qualified to apply mechanicalrestraint;

(e) The pupil is given the opportunity to move andexercise the parts of his body that are restrained at least 10 minutes perevery 60 minutes of restraint, unless otherwise prescribed by the physician whosigned the order;

(f) A member of the staff of the school lessens ordiscontinues the restraint every 15 minutes to determine whether the pupil willstop or control his inappropriate behavior without the use of the restraint;

(g) The record of the pupil contains a notation thatincludes the time of day that the restraint was lessened or discontinuedpursuant to paragraph (f), the response of the pupil and the response of themember of the staff of the school who applied the mechanical restraint;

(h) A member of the staff of the school continuouslymonitors the pupil during the time that mechanical restraint is used on thepupil; and

(i) The mechanical restraint is used only for theperiod that is necessary to contain the behavior of the pupil so that the pupilis no longer an immediate threat of causing physical injury to himself orothers or causing severe property damage.

2. Mechanical restraint may be used on a pupil with adisability and the provisions of subsection 1 do not apply if the mechanicalrestraint is used to:

(a) Treat the medical needs of the pupil;

(b) Protect a pupil who is known to be at risk ofinjury to himself because he lacks coordination or suffers from frequent lossof consciousness;

(c) Provide proper body alignment to a pupil; or

(d) Position a pupil who has physical disabilities in amanner prescribed in the pupils individualized education program.

3. If mechanical restraint is used on a pupil with adisability in an emergency, the use of the procedure must be reported in thepupils cumulative record and a confidential file maintained for the pupil notlater than 1 working day after the procedure is used. A copy of the report mustbe provided to the board of trustees of the school district, the pupilsindividualized education program team and the parent or guardian of the pupil.If the board of trustees determines that a denial of the pupils rights hasoccurred, the board of trustees may submit a report to the Department in accordancewith NRS 388.5315.

(Added to NRS by 1999, 3238)

NRS 388.5285 Mandatoryeducation and training for staff.

1. The Department shall develop a model program ofeducation for use by the school districts to train the members of the staff ofthe schools within the school districts who are identified in theindividualized education programs of pupils with disabilities to provideservices to those pupils. The model program of education must provideinstruction in positive behavioral interventions and positive behavioral supportsthat:

(a) Includes positive methods to modify the environmentof pupils with disabilities to promote adaptive behavior and reduce theoccurrence of inappropriate behavior;

(b) Includes methods to teach skills to pupils withdisabilities so that the pupils can replace inappropriate behavior withadaptive behavior;

(c) Includes methods to enhance the independence andquality of life for pupils with disabilities;

(d) Includes the use of the least intrusive methods torespond to and reinforce the behavior of pupils with disabilities; and

(e) Offers a process for designing interventions basedupon the pupil that are focused on promoting appropriate changes in behavior aswell as enhancing the overall quality of life for the pupil.

2. The board of trustees of each school district shallprovide for appropriate training for the members of the staff of the schoolswithin the school district who are authorized to carry out and monitor physicalrestraint and mechanical restraint to ensure that those members of the staff arequalified to carry out the procedures in accordance with NRS 388.521 to 388.5315, inclusive.

(Added to NRS by 1999, 3239)

NRS 388.529 Disciplinaryaction against person for intentional violation. Inaddition to any penalty prescribed by specific statute, a person whointentionally uses aversive intervention on a pupil with a disability orintentionally violates NRS 388.527 issubject to disciplinary action pursuant to NRS391.312 or 391.330, or both.

(Added to NRS by 1999, 3240)

NRS 388.5295 Reportof violation; corrective plan required; appointment of administrator to overseeschool under certain circumstances.

1. A school where a violation of NRS 388.521 to 388.5315, inclusive, occurs shall reportthe violation to the board of trustees of the school district not later than 24hours after the violation occurred, or as soon thereafter as the violation isdiscovered.

2. The board of trustees of the school district wherethe violation occurred shall develop, in cooperation with the superintendent ofschools of the school district, a corrective plan to ensure that within 30calendar days after the violation occurred, appropriate action is taken by theschool and the board of trustees to prevent future violations.

3. The superintendent of schools of the schooldistrict shall submit the plan to the Department. The Department shall reviewthe plan to ensure that it complies with applicable federal law and thestatutes and regulations of this state. The Department may require appropriaterevision of the plan to ensure compliance.

4. If the school where the violation occurred does notmeet the requirements of the plan to the satisfaction of the Department, theDepartment may appoint a licensed administrator to oversee the school to ensurethat the school meets the requirements of the plan. An administrator serves atthe pleasure of the Superintendent of Public Instruction and is entitled toreceive such compensation as may be set by the superintendent. A schooldistrict that contains a school for which an administrator is appointedpursuant to this subsection shall reimburse the Department for any expensesincurred by the Department pursuant to this subsection.

(Added to NRS by 1999, 3240)

NRS 388.531 Retaliationfor reporting violation prohibited. Anofficer, administrator or employee of a public school shall not retaliateagainst any person for having:

1. Reported a violation of NRS 388.521 to 388.5315, inclusive; or

2. Provided information regarding a violation of NRS 388.521 to 388.5315, inclusive,

by a publicschool or a member of the staff of the public school.

(Added to NRS by 1999, 3241)

NRS 388.5315 Reportingof denial of rights; investigation and resolution of disputes by Department.

1. A denial of rights of a pupil with a disabilitypursuant to NRS 388.521 to 388.5315, inclusive, must be entered inthe pupils cumulative record and a confidential file maintained for thatpupil. Notice of the denial must be provided to the board of trustees of theschool district.

2. If the board of trustees of a school districtreceives notice of a denial of rights pursuant to subsection 1, it shall causea full report to be prepared which must set forth in detail the factualcircumstances surrounding the denial. A copy of the report must be provided tothe Department.

3. The Department:

(a) Shall receive reports made pursuant to subsection2;

(b) May investigate apparent violations of the rightsof pupils with disabilities; and

(c) May act to resolve disputes relating to apparentviolations.

(Added to NRS by 1999, 3241)

PROGRAMS TO PREVENT CRIMINAL ACTIVITY; OPERATION OFALTERNATIVE PROGRAMS

NRS 388.532 Developmentof programs.

1. The State Board in cooperation with the board oftrustees of the various county school districts shall develop for pupils in thefirst through eighth grades:

(a) Programs designed to reduce the number of pupilswho drop out of school; and

(b) Programs for the prevention of the abuse of alcoholand controlled substances.

2. The State Board in cooperation with the board oftrustees of the various county school districts may seek the cooperation ofprivate industry in developing for pupils in all grades programs and activitiesdesigned to reduce the number of pupils who participate in the activities of criminalgangs, as defined in NRS 213.1263.

(Added to NRS by 1991, 2079; A 1995, 1426)

NRS 388.537 Alternativeprograms for education of pupils at risk of dropping out of high school.

1. The board of trustees of a school district may,subject to the approval of the State Board, operate an alternative program forthe education of pupils at risk of dropping out of high school, includingpupils who:

(a) Because of extenuating circumstances, such as theirbeing pregnant, parents, chronically ill or self-supporting, are not able toattend the classes of instruction regularly provided in high school;

(b) Are deficient in the amount of academic creditnecessary to graduate with pupils their same age;

(c) Are chronically absent from high school; or

(d) Require instruction on a more personal basis thanthat regularly provided in high school.

2. An alternative program may include:

(a) A shorter school day, and an opportunity for pupilsto attend a longer school day, than that regularly provided in high school.

(b) An opportunity for pupils to attend classes ofinstruction during any part of the calendar year.

(c) A comprehensive curriculum that includes electiveclasses of instruction and career and technical education.

(d) An opportunity for pupils to obtain academic creditthrough experience gained at work or while engaged in other activities.

(e) An opportunity for pupils to satisfy either:

(1) The requirements for a regular high schooldiploma; or

(2) The requirements for a high school diplomafor adults.

(f) The provision of child care for the children ofpupils.

(g) The transportation of pupils to and from classes ofinstruction.

(h) The temporary placement of pupils for independentstudy, if there are extenuating circumstances which prevent those pupils fromattending the alternative program on a daily basis.

3. The board of trustees of a school district mayoperate an alternative program pursuant to this section through a program ofdistance education pursuant to NRS 388.820to 388.874, inclusive.

(Added to NRS by 1993, 458; A 2001, 3156; 2005, 1050)

INSTRUCTION OF CHILDREN DETAINED IN FACILITIES FOR THEDETENTION OF CHILDREN, ALTERNATIVE PROGRAMS, JUVENILE FORESTRY CAMPS ANDJUVENILE TRAINING SCHOOLS

NRS 388.550 Employmentof teachers with approval of juvenile court and county commissioners.

1. With the approval of the juvenile court and theboard of county commissioners, the board of trustees of a school district mayemploy necessary legally qualified teachers for the instruction of childrendetained in:

(a) A facility for the detention of children or analternative program maintained by the county pursuant to the provisions oftitle 5 of NRS.

(b) A juvenile forestry camp established by the countypursuant to the provisions of NRS 244.297.

(c) A juvenile training school established by the Statepursuant to the provisions of title 5 of NRS.

2. As used in this section, juvenile court has themeaning ascribed to it in NRS 62A.180.

(Added to NRS by 1961, 120; A 1967, 1582; 1989, 1815;1991, 2185; 2003,1138)

NRS 388.560 Coursesof instruction; school district to furnish textbooks, equipment and supplies. Only courses of instruction approved by the State Boardmay be given in such local, regional or state facilities for the detention ofchildren, alternative programs or juvenile forestry camps. Necessary textbooks,equipment and supplies must be furnished by the school district.

(Added to NRS by 1961, 120; A 1967, 1583; 1989, 1815;2003, 1139)

NRS 388.570 Computationof enrollment and average daily attendance; reports to Superintendent of PublicInstruction.

1. The State Board shall establish regulations for thecomputation of enrollment and average daily attendance of children detained infacilities for the detention of children, alternative programs and juvenileforestry camps receiving instruction pursuant to the provisions of this sectionand NRS 388.550 and 388.560.

2. Boards of trustees of school districts providingsuch instruction shall report to the Superintendent of Public Instruction atsuch times and in such manner as he prescribes.

(Added to NRS by 1961, 120; A 1967, 893, 1583; 1973,1430; 1979, 1597; 1989, 1815; 2003, 1139)

PROGRAMS OF EDUCATION FOR INCARCERATED PERSONS

NRS 388.573 Incarceratedpersons defined. As used in NRS 388.573 to 388.583, inclusive, unless the contextotherwise requires, incarcerated persons means persons who are incarceratedin a facility or institution operated by the Department of Corrections.

(Added to NRS by 2003, 1363)

NRS 388.575 Establishmentof statewide program by Department of Education; requirements of statewideprogram.

1. The Department of Education, after consulting withthe Department of Corrections, shall:

(a) Adopt regulations that establish a statewide programof education for incarcerated persons; and

(b) Coordinate with and assist school districts inoperating programs of education for incarcerated persons.

2. The statewide program may include courses of studyfor:

(a) A high school diploma;

(b) Basic literacy;

(c) English as a second language;

(d) General educational development;

(e) Life skills;

(f) Career and technical education; and

(g) Postsecondary education.

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

4. The statewide program must establish:

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

(1) Curriculum;

(2) Qualifications for entry; and

(3) Evaluation of incarcerated persons forplacement; and

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

5. As used in this section, general educationaldevelopment means preparation for and administration of the standardizedexaminations that enable persons who have not graduated from high school todemonstrate that they have achieved an educational level which denotescompetency in core curriculum. The term includes programs for obtaining ageneral educational development certificate.

(Added to NRS by 2003, 1363; A 2005, 1050)

NRS 388.577 Fundfor Programs of Education for Incarcerated Persons: Creation; administration;use of money; limitations on use; allocation of money to certain schooldistricts.

1. There is hereby created in the State Treasury theFund for Programs of Education for Incarcerated Persons. The Fund isadministered by the State Board. The Superintendent of Public Instruction mayaccept gifts and grants of money from any source for deposit in the Fund. Theinterest and income earned on the money in the Fund, after deducting anyapplicable charges, must be credited to the Fund.

2. Money in the Fund must be used for programs ofeducation for incarcerated persons.

3. Money in the Fund must not be:

(a) Considered in negotiations between a recognizedorganization of employees of a school district and the school district; or

(b) Used to reduce the amount of money which wouldotherwise be made available for programs of education for incarcerated personsin the absence of this section.

4. The Department shall establish a formula forequitably allocating money from the Fund to each school district that operatesa program of education for incarcerated persons.

5. The State Board shall establish annually, withinthe limits of money available in the Fund, a basic allocation to each schooldistrict that operates a program of education for incarcerated persons.

(Added to NRS by 2003, 1364)

NRS 388.579 Boardsof trustees of school districts authorized to operate program; compliance withstatewide program; conditions for receipt of money from Fund.

1. The board of trustees of a school district may,with the cooperation of the Department of Corrections, operate a program ofeducation for incarcerated persons in any facility or institution operated bythe Department of Corrections in the county of the school district.

2. A school district that operates a program ofeducation for incarcerated persons shall:

(a) Comply with the standards for such programsestablished by the Department of Education in the statewide program establishedpursuant to NRS 388.575;

(b) As a condition for obtaining an allocation from theFund for Programs of Education for Incarcerated Persons, submit to theDepartment of Education:

(1) An application to operate such a program;and

(2) A detailed budget for the program; and

(c) If the school district receives an allocation fromthe Fund, obtain the approval of the Department of Education before it makesany changes in categorical expenditures.

(Added to NRS by 2003, 1364)

NRS 388.582 Boardof Regents authorized to offer certain courses to incarcerated persons. The Board of Regents of the University of Nevada may, withthe cooperation of the Department of Corrections, offer courses that lead to apostsecondary degree for incarcerated persons in any facility or institutionoperated by the Department of Corrections.

(Added to NRS by 2003, 1365)

NRS 388.583 Interagencypanel required to be convened if employee of school district who conductsprogram is excluded from facility or institution operated by Department ofCorrections; final decision of panel.

1. If a manager or warden excludes from the facilityor institution a person employed by a school district to operate a program ofeducation for incarcerated persons in the facility or institution, aninteragency panel must be convened.

2. The interagency panel must:

(a) Consist of:

(1) The Director of the Department ofCorrections or his designee;

(2) The Superintendent of Public Instruction orhis designee; and

(3) The immediate supervisor of the personemployed by the school district.

(b) Conduct a hearing in compliance with all applicableprovisions of chapter 233B of NRS.

3. The decision of the interagency panel is a finaldecision in a contested case.

(Added to NRS by 2003, 1365)

PROGRAM OF INFORMATION CONCERNING MISSING CHILDREN

NRS 388.585 Establishmentof program by trustees; assistance of Attorney General or State Board.

1. The board of trustees of each school district may:

(a) Establish a program of information concerningmissing children for pupils, parents and other residents of the district; and

(b) Use materials prepared by the Attorney General indeveloping such a program.

2. The board of trustees may request the assistance ofthe Attorney General or the State Board of Education in establishing itsprogram.

(Added to NRS by 1985, 2168)

EDUCATION AND COUNSELING OF DISPLACED HOMEMAKERS

NRS 388.605 Definitions. As used in NRS 388.605to 388.655, inclusive, unless thecontext otherwise requires:

1. Board means the Board for the Education andCounseling of Displaced Homemakers.

2. Director means the Director of the Department ofEmployment, Training and Rehabilitation.

3. Displaced homemaker means any person who:

(a) Is not gainfully employed or has less than fulltime or adequate employment;

(b) Has worked at home for a substantial number ofyears providing household services to members of his family withoutcompensation;

(c) Has difficulty in securing employment adequate foreconomic independence; and

(d) Has been dependent:

(1) On the income of another member of hisfamily, but is no longer supported by that income;

(2) Upon public assistance but is no longereligible; or

(3) On another member of his family for themanagement of his personal finances, but that person is no longer available toprovide that assistance.

(Added to NRS by 1989, 915; A 1993, 1596; 2001, 1425)

NRS 388.615 Boardfor the Education and Counseling of Displaced Homemakers: Creation; membership;duties; compensation of members.

1. The Board for the Education and Counseling ofDisplaced Homemakers is hereby created. The Board consists of five membersappointed by the Governor, one of whom must be a displaced homemaker and one ofwhom must be representative of business in the State.

2. The Board shall:

(a) At its first meeting and annually thereafter electa Chairman from among its members.

(b) Meet regularly at least once each calendar quarterand at other times upon the call of the Chairman.

3. The members of the Board serve withoutcompensation, except that each member of the Board is entitled to the per diemallowance and travel expenses provided for state officers and employeesgenerally, which must be paid from the account established pursuant tosubsection 2 of NRS 19.033.

(Added to NRS by 1989, 916)

NRS 388.625 Establishmentof center for displaced homemakers; deposit of gifts and grants of money;approval of claims.

1. The Board shall, to the extent that money isavailable, establish in a county whose population is 100,000 or more, a centerto provide services for displaced homemakers.

2. The Board may, to the extent that money isavailable:

(a) Establish a center to provide services for displacedhomemakers in a county whose population is less than 100,000; and

(b) Establish regional centers which provide servicesfor displaced homemakers in two or more counties whose populations are lessthan 100,000.

3. The Board may, with the approval of the Director,enter into contracts with public or nonprofit private organizations to providethe various services required at the centers established pursuant tosubsections 1 and 2.

4. All gifts and grants of money received for thepurposes of NRS 388.605 to 388.655, inclusive, must be deposited inthe same account in the State General Fund as money deposited pursuant tosubsection 2 of NRS 19.033.

5. All claims must be approved by the Director beforethey are paid.

(Added to NRS by 1989, 916; A 1989, 1937; 1991, 529)

NRS 388.635 Provisionof services by center for displaced homemakers. Eachcenter shall provide:

1. Counseling services specifically designed for thecounseling of a displaced homemaker with respect to appropriate employment,including:

(a) Assessment of his skills;

(b) Clarification of his employment goals andinformation regarding the availability of various types of employment;

(c) The development of a personal plan for a career;and

(d) Referrals to public and private programs oftraining and placement.

2. Courses of instruction to assist a displacedhomemaker in seeking and retaining employment, including instruction in:

(a) The initial steps in seeking employment;

(b) Skills for contacting employers;

(c) The proper completion of applications foremployment;

(d) Writing resumes;

(e) Skills for effective interviewing;

(f) The importance of a positive attitude andappropriate work habits;

(g) Skills for effective communication;

(h) Appropriate conduct in an office; and

(i) Resolving conflicts involving work and family.

3. Weekly meetings to allow the displaced homemakersit serves to share information regarding employment and to discuss theirconcerns regarding seeking and retaining employment.

4. Educational and counseling services relating tohealth and health care, including education about obtaining and paying forhealth care and related services, particularly about selecting physicians andothers who provide the services, including health maintenance organizations andhealth insurance.

5. Services relating to financial management,including information about insurance, taxes, estates and probate, mortgages,loans and other related financial matters.

6. Referrals of displaced homemakers to appropriateagencies in the community which provide:

(a) Assistance to persons addicted to alcohol or drugs;

(b) Personal counseling;

(c) Legal assistance;

(d) Child care; and

(e) Programs of secondary and postsecondary education,including programs for career and technical education, English as a secondlanguage and improving reading ability.

(Added to NRS by 1989, 916; A 2005, 1051)

NRS 388.645 Selectionof organization to administer center; coordination with state and federalprograms.

1. The Board shall select a public or nonprofitprivate organization, if possible, to administer each center. In selecting theorganization, the Board shall consider the experience and capability of theorganization in administering services similar to those to be provided by thecenter.

2. The Chairman of the Board shall consult andcooperate with such agencies of the Federal and State Governments as the Boardconsiders appropriate to facilitate the establishment of a center whichutilizes or is coordinated with existing state and federal programs of asimilar nature.

(Added to NRS by 1989, 917)

NRS 388.655 Executivedirector for center; quarterly reports to Board.

1. To the extent that money is available, each centermust have a part-time executive director.

2. The executive director of each center shallmaintain records of its activities and shall report quarterly to the Board thenumber of displaced homemakers who have, during the previous quarter:

(a) Obtained employment; and

(b) Enrolled in educational programs.

The reportmust include the hourly wage received and the number of hours worked per weekby each displaced homemaker.

(Added to NRS by 1989, 917)

REDUCTION OF PUPIL-TEACHER RATIO IN CERTAIN CLASSES

NRS 388.700 Reductionof ratio in certain grades; request for variance required under certaincircumstances; reports by State Board and Department; exception to requirementsfor charter schools and distance education.

1. Except as otherwise provided in this section, afterthe last day of the first month of the school year, the ratio in each schooldistrict of pupils per licensed teacher designated to teach, on a full-timebasis, in classes where core curriculum is taught:

(a) In kindergarten and grades 1, 2 and 3, must notexceed 15 to 1; or

(b) If a plan is approved pursuant to subsection 3 of NRS 388.720, must not exceed the ratio setforth in that plan for the grade levels specified in the plan.

Indetermining this ratio, all licensed educational personnel who teach a gradelevel specified in paragraph (a) or a grade level specified in a plan that isapproved pursuant to subsection 3 of NRS388.720, as applicable for the school district, must be counted exceptteachers of art, music, physical education or special education, counselors,librarians, administrators, deans and specialists.

2. A school district may, within the limits of anyplan adopted pursuant to NRS 388.720,assign a pupil whose enrollment in a grade occurs after the last day of thefirst month of the school year to any existing class regardless of the numberof pupils in the class.

3. Each school district that does not meet the ratioof pupils per class:

(a) Set forth in subsection 1;

(b) Prescribed in conjunction with a legislativeappropriation for the support of the class-size reduction program; or

(c) Defined by a legislatively approved alternativeclass-size reduction plan, if applicable to that school district,

must requesta variance from the State Board by providing a written statement that includesthe reasons for the request and the justification for exceeding the applicableprescribed ratio of pupils per class.

4. The State Board may grant to a school district avariance from the limitation on the number of pupils per class set forth inparagraph (a), (b) or (c) of subsection 3 for good cause, including the lack ofavailable financial support specifically set aside for the reduction ofpupil-teacher ratios.

5. The State Board shall, on or before February 1 ofeach odd-numbered year, report to the Legislature on:

(a) Each variance granted by it during the precedingbiennium, including the specific justification for the variance.

(b) The data reported to it by the various schooldistricts pursuant to subsection 2 of NRS388.710, including an explanation of that data, and the currentpupil-teacher ratios per class in the grade levels specified in paragraph (a)of subsection 1 or the grade levels specified in a plan that is approvedpursuant to subsection 3 of NRS 388.720,as applicable for the school district.

6. The Department shall, on or before November 15 ofeach year, report to the Chief of the Budget Division of the Department ofAdministration and the Fiscal Analysis Division of the Legislative CounselBureau:

(a) The number of teachers employed;

(b) The number of teachers employed in order to attainthe ratio required by subsection 1;

(c) The number of pupils enrolled; and

(d) The number of teachers assigned to teach in thesame classroom with another teacher or in any other arrangement other than oneteacher assigned to one classroom of pupils,

during thecurrent school year in the grade levels specified in paragraph (a) ofsubsection 1 or the grade levels specified in a plan that is approved pursuantto subsection 3 of NRS 388.720, asapplicable, for each school district.

7. The provisions of this section do not apply to acharter school or to a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.

(Added to NRS by 1989, 2105; A 1993, 1362; 1995,2820; 1999, 3312;2001, 3157; 2005, 1264, 2161)

NRS 388.710 StateBoard of Education to determine data to be monitored by school district; schooldistrict to report data to State Board.

1. The State Board, in consultation with the trusteesof the school districts and the recognized associations representing licensededucational personnel, after receiving comments from the general public, shalldetermine the data that must be monitored by each school district and used tomeasure the effectiveness of the implementation of a plan developed by eachschool district to reduce the pupil-teacher ratio pursuant to NRS 388.720.

2. Each school district shall report the data to theState Board as required by the State Board.

(Added to NRS by 1989, 2106; A 2005, 2162)

NRS 388.720 Developmentof plan by school district to reduce pupil-teacher ratios; alternative ratiosfor certain grades authorized in certain counties.

1. Except as otherwiseprovided in subsection 2, each school district together with the recognizedassociations representing licensed educational personnel shall develop a planto reduce the districts pupil-teacher ratio per class in kindergarten andgrades 1, 2 and 3 within the limits of available financial support specificallyset aside for this purpose and submit that plan to the State Board.

2. In lieu of complying with the pupil-teacher ratioprescribed in paragraph (a) of subsection 1 of NRS 388.700, a school district in a countywhose population is less than 100,000 may, in consultation with the recognizedassociations representing licensed educational personnel, develop a plan toreduce the districts pupil-teacher ratios per class for specified grade levelsin elementary schools. Alternative ratios for grade 6 may only be approved forthose school districts that include grade 6 in elementary school. Thealternative pupil-teacher ratios must not:

(a) Exceed 22 to 1 in grades 1, 2 and 3; and

(b) Exceed 25 to 1 in grades 4 and 5 or grades 4, 5 and6, as applicable.

3. The State Board shall approve a plan submittedpursuant to subsection 2 if the plan:

(a) Reduces the districts pupil-teacher ratio in theelementary schools within the school district; and

(b) Is fiscally neutral such that the plan will notcost more to carry out than a plan that complies with the ratios prescribed inparagraph (a) of subsection 1 of NRS 388.700.

(Added to NRS by 1989, 2106; A 1991, 1605; 2005, 2163)

EDUCATIONAL FOUNDATIONS

NRS 388.750 Compliancewith Open Meeting Law; availability of records; exemption from certain taxes;nondisclosure of contributors.

1. An educational foundation:

(a) Shall comply with the provisions of chapter 241 of NRS;

(b) Except as otherwise provided in subsection 2, shallmake its records public and open to inspection pursuant to NRS 239.010; and

(c) Is exempt from the taxes imposed by NRS 375.020, 375.023 and 375.026 pursuant to subsection 13 of NRS 375.090.

2. An educational foundation is not required to disclosethe names of the contributors to the foundation or the amount of theircontributions. The educational foundation shall, upon request, allow acontributor to examine, during regular business hours, any record, document orother information of the foundation relating to that contributor.

3. As used in this section, educational foundationmeans a nonprofit corporation, association or institution or a charitableorganization that is:

(a) Organized and operated exclusively for the purposeof supporting one or more kindergartens, elementary schools, junior high ormiddle schools or high schools, or any combination thereof;

(b) Formed pursuant to the laws of this State; and

(c) Exempt from taxation pursuant to 26 U.S.C. 501(c)(3).

(Added to NRS by 1993, 2305; A 2003, 3491; 2003, 20thSpecial Session, 204; 2005, 963)

EDUCATIONAL TECHNOLOGY

NRS 388.780 Definitions. As used in NRS 388.780to 388.805, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 388.785 and 388.787 have the meanings ascribed to themin those sections.

(Added to NRS by 1997, 1770)

NRS 388.785 Commissiondefined. Commission means the Commission onEducational Technology created pursuant to NRS388.790.

(Added to NRS by 1997, 1770)

NRS 388.787 Committeedefined. Committee means the LegislativeCommittee on Education created pursuant to NRS218.5352.

(Added to NRS by 1997, 1770)

NRS 388.790 Commissionon Educational Technology: Creation; membership; terms; removal and vacancy;quarterly meetings required; compensation.

1. The Commission on Educational Technology,consisting of 2 members who serve ex officio and 11 members who are appointed,is hereby created. The Superintendent of Public Instruction and the Director ofthe Department of Information Technology shall serve ex officio as nonvotingmembers of the Commission.

2. The Governor shall appoint the following votingmembers to the Commission, at least two of whom must reside in a county whosepopulation is less than 100,000:

(a) One administrator in a public school who possessesknowledge and experience in the general application of technology;

(b) One school teacher in a public elementary schoolwho possesses knowledge and experience in the use of educational technology inthe public schools;

(c) One school teacher in a public secondary school whopossesses knowledge and experience in the use of educational technology in thepublic schools;

(d) One representative of public libraries whopossesses knowledge and experience in the general application of technology;

(e) One representative of the Nevada System of HigherEducation who possesses knowledge and experience in the use of educationaltechnology in institutions of higher education;

(f) One representative of the private sector whopossesses knowledge and experience in the use of technology; and

(g) One parent or legal guardian who possessesknowledge and experience in the general application of technology.

3. The Majority Leader of the Senate shall appoint twovoting members to the Commission:

(a) One of whom is a member of the Senate; and

(b) One of whom is employed in the field of technology.

4. The Speaker of the Assembly shall appoint twovoting members to the Commission:

(a) One of whom is a member of the Assembly; and

(b) One of whom is employed in the field of technology.

5. The Governor shall appoint a Chairman among thevoting members of the Commission.

6. After the initial terms, the term of each member ofthe Commission is 2 years, commencing on January 1 of the year he is appointedand expiring on December 31 of the immediately following year. A member shallcontinue to serve on the Commission until his successor is appointed. Upon theexpiration of a term of a member, he may be reappointed if he still possessesany requisite qualifications for appointment. There is no limit on the numberof terms that a member may serve.

7. The person or entity who appoints a member to theCommission may remove that member if the member neglects his duty or commitsmalfeasance in office, or for other just cause. Any vacancy in the membershipof the Commission must be filled for the remainder of the unexpired term in thesame manner as the original appointment.

8. The Commission shall hold at least four regularmeetings each year and may hold special meetings at the call of the Chairman.

9. Members of the Commission who are not Legislatorsserve without compensation, except that for each day or portion of a day duringwhich a member of the Commission attends a meeting of the Commission or isotherwise engaged in the business of the Commission, he is entitled to receivethe per diem allowance and travel expenses provided for state officers andemployees generally.

10. For each day or portion of a day during which amember of the Commission who is a Legislator attends a meeting of theCommission or is otherwise engaged in the work of the Commission, except duringa regular or special session of the Legislature, he is entitled to receive the:

(a) Compensation provided for a majority of the membersof the Legislature during the first 60 days of the preceding session;

(b) Per diem allowance provided for state officers andemployees generally; and

(c) Travel expenses provided pursuant to NRS 218.2207.

Thecompensation, per diem allowances and travel expenses of the legislativemembers of the Commission must be paid from the Legislative Fund.

(Added to NRS by 1997, 1770; A 1999, 476; 2003, 814)

NRS 388.795 Commissionon Educational Technology: Duties; establishment of plan for use of educationaltechnology; administrative support by Department; appointment of advisorycommittee authorized.

1. The Commission shall establish a plan for the useof educational technology in the public schools of this State. In preparing theplan, the Commission shall consider:

(a) Plans that have been adopted by the Department andthe school districts in this State;

(b) Plans that have been adopted in other states;

(c) The information reported pursuant to paragraph (t)of subsection 2 of NRS 385.347; and

(d) Any other information that the Commission or theCommittee deems relevant to the preparation of the plan.

2. The plan established by the Commission must includerecommendations for methods to:

(a) Incorporate educational technology into the publicschools of this State;

(b) Increase the number of pupils in the public schoolsof this State who have access to educational technology;

(c) Increase the availability of educational technologyto assist licensed teachers and other educational personnel in complying withthe requirements of continuing education, including, but not limited to, thereceipt of credit for college courses completed through the use of educationaltechnology;

(d) Facilitate the exchange of ideas to improve theachievement of pupils who are enrolled in the public schools of this State; and

(e) Address the needs of teachers in incorporating theuse of educational technology in the classroom, including, but not limited to,the completion of training that is sufficient to enable the teachers toinstruct pupils in the use of educational technology.

3. The Department shall provide:

(a) Administrative support;

(b) Equipment; and

(c) Office space,

as isnecessary for the Commission to carry out the provisions of this section.

4. The following entities shall cooperate with theCommission in carrying out the provisions of this section:

(a) The State Board.

(b) The board of trustees of each school district.

(c) The superintendent of schools of each schooldistrict.

(d) The Department.

5. The Commission shall:

(a) Develop technical standards for educationaltechnology and any electrical or structural appurtenances necessary thereto,including, without limitation, uniform specifications for computer hardware andwiring, to ensure that such technology is compatible, uniform and can beinterconnected throughout the public schools of this State.

(b) Allocate money to the school districts from theTrust Fund for Educational Technology created pursuant to NRS 388.800 and any money appropriated bythe Legislature for educational technology, subject to any priorities for suchallocation established by the Legislature.

(c) Establish criteria for the board of trustees of aschool district that receives an allocation of money from the Commission to:

(1) Repair, replace and maintain computersystems.

(2) Upgrade and improve computer hardware andsoftware and other educational technology.

(3) Provide training, installation and technicalsupport related to the use of educational technology within the district.

(d) Submit to the Governor, the Committee and theDepartment its plan for the use of educational technology in the public schoolsof this State and any recommendations for legislation.

(e) Review the plan annually and make revisions as itdeems necessary or as directed by the Committee or the Department.

(f) In addition to the recommendations set forth in theplan pursuant to subsection 2, make further recommendations to the Committeeand the Department as the Commission deems necessary.

6. The Commission may appoint an advisory committeecomposed of members of the Commission or other qualified persons to providerecommendations to the Commission regarding standards for the establishment,coordination and use of a telecommunications network in the public schoolsthroughout the various school districts in this State. The advisory committeeserves at the pleasure of the Commission and without compensation unless anappropriation or other money for that purpose is provided by the Legislature.

7. As used in this section, public school includesthe Caliente Youth Center, the Nevada Youth Training Center and any other statefacility for the detention of children that is operated pursuant to title 5 ofNRS.

(Added to NRS by 1997, 1771; A 1999, 1199; 2003, 1139; 2003, 19th SpecialSession, 50; 2005,1177)

NRS 388.800 TrustFund for Educational Technology: Creation; administration; interest and income;use of money in Fund.

1. The Trust Fund for Educational Technology is herebycreated in the State General Fund. The Trust Fund must be administered by theSuperintendent of Public Instruction. The Superintendent may accept gifts andgrants of money from any source for deposit in the Trust Fund. Any such moneymay be expended in accordance with the terms and conditions of the gift orgrant, or in accordance with subsection 3.

2. The interest and income earned on the money in theTrust Fund must be credited to the Trust Fund.

3. The money in the Trust Fund may be used only forthe distribution of money to school districts to be used in kindergartenthrough 12th grade to obtain and maintain hardware and software for computersystems, equipment for transfer of data by modem through connection totelephone lines, and other educational technology as may be approved by theCommission for use in classrooms.

(Added to NRS by 1995, 1457; A 1997,1774)(Substituted in revision for NRS 393.163)

NRS 388.805 TrustFund for Educational Technology: Program for school districts to apply formoney from Fund. The Department shall, inconsultation with the Commission, adopt regulations that establish a programwhereby school districts may apply to the Commission on Educational Technologyfor money from the Trust Fund for Educational Technology.

(Added to NRS by 1995, 1457; A 1997,1774)(Substituted in revision for NRS 393.165)

DISTANCE EDUCATION

General Provisions

NRS 388.820 Definitions. As used in NRS 388.820to 388.874, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 388.823, 388.826 and 388.829 have the meanings ascribed to themin those sections.

(Added to NRS by 2001, 3149)

NRS 388.823 Courseof distance education defined. Course ofdistance education means a course of study that uses distance education as itsprimary mechanism for delivery of instruction.

(Added to NRS by 2001, 3149)

NRS 388.826 Distanceeducation defined. Distance education meansinstruction which is delivered by means of video, computer, television,correspondence, or the Internet or other electronic means of communication, orany combination thereof, in such a manner that the person supervising orproviding the instruction and the pupil receiving the instruction are separatedgeographically for a majority of the time during which the instruction isdelivered.

(Added to NRS by 2001, 3149)

NRS 388.829 Programof distance education defined. Program of distanceeducation means a program comprised of one or more courses of distanceeducation that is designed for pupils who:

1. Are participating in a program for pupils who areat risk of dropping out of high school pursuant to NRS 388.537.

2. Are participating in a program of independent studypursuant to NRS 389.155.

3. Are enrolled in a public school that does not offeradvanced or specialized courses.

4. Have a physical or mental condition that wouldotherwise require an excuse from compulsory attendance pursuant to NRS 392.050.

5. Would otherwise be excused from compulsoryattendance pursuant to NRS 392.080.

6. Are otherwise prohibited from attending publicschool pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467or 392.4675.

7. Are otherwise permitted to enroll in a program ofdistance education provided by the board of trustees of a school district ifthe board of trustees determines that special circumstances warrant enrollmentfor the pupil.

8. Are otherwise permitted to enroll in a program ofdistance education provided by the governing body of a charter school if thegoverning body of the charter school determines that special circumstanceswarrant enrollment for the pupil.

(Added to NRS by 2001, 3149; A 2003, 223)

Approved Courses; Procedure for Application

NRS 388.834 Publicationof list of approved distance education courses.

1. The Department shall prepare and publish a list ofcourses of distance education that satisfy the requirements of NRS 388.820 to 388.874, inclusive, and all otherapplicable statutes and regulations. If an application to provide a program ofdistance education is approved pursuant to NRS388.838, the Department shall automatically include on the list each courseof study included within that program if the course of study had not beenapproved pursuant to this section before submission of the application toprovide the program.

2. A person or entity that has developed a course ofdistance education, including, without limitation, a vendor of a course ofdistance education, the Nevada System of Higher Education or otherpostsecondary educational institution, a board of trustees of a school districtor a governing body of a charter school, may submit an application forinclusion of the course on the list prepared by the Department. The Departmentshall approve an application if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all otherapplicable statutes and regulations. The Department shall provide writtennotice to the applicant of its approval or denial of the application.

3. If the Department denies an application, theDepartment shall include in the written notice the reasons for the denial andthe deficiencies of the application. The applicant must be granted 30 daysafter receipt of the written notice to correct any deficiencies identified inthe written notice and resubmit the application. The Department shall approvean application that has been resubmitted pursuant to this subsection if theapplication satisfies the requirements of NRS388.820 to 388.874, inclusive, andall other applicable statutes and regulations.

(Added to NRS by 2001, 3149)

NRS 388.838 Submissionof application to Department; conditions for approval; opportunity to correctdeficiencies.

1. The board of trustees of a school district or thegoverning body of a charter school may submit an application to the Departmentto provide a program of distance education. In addition, a committee to form acharter school may submit an application to the Department to provide a programof distance education if the application to form the charter school submittedby the committee pursuant to NRS 386.520indicates that the charter school intends to provide a program of distanceeducation.

2. An applicant to provide a program of distance educationmay seek approval to provide a program that is comprised of one or more coursesof distance education included on the list of courses approved by theDepartment pursuant to NRS 388.834 or aprogram that is comprised of one or more courses of distance education whichhave not been reviewed by the Department before submission of the application.

3. An application to provide a program of distanceeducation must include:

(a) All the information prescribed by the State Boardby regulation.

(b) Except as otherwise provided in this paragraph,proof satisfactory to the Department that the program satisfies all applicablestatutes and regulations. The proof required by this paragraph shall be deemedsatisfied if the program is comprised only of courses of distance educationapproved by the Department pursuant to NRS388.834 before submission of the application.

4. Except as otherwise provided in this subsection,the Department shall approve an application submitted pursuant to this sectionif the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all otherapplicable statutes and regulations. The Department shall deny an applicationto provide a program of distance education submitted by a committee to form acharter school if the Department denies the application to form a charterschool submitted by that committee. The Department shall provide written noticeto the applicant of the Departments approval or denial of the application.

5. If the Department denies an application, theDepartment shall include in the written notice the reasons for the denial andthe deficiencies of the application. The applicant must be granted 30 daysafter receipt of the written notice to correct any deficiencies identified inthe written notice and resubmit the application. The Department shall approvean application that has been resubmitted pursuant to this subsection if theapplication satisfies the requirements of NRS388.820 to 388.874, inclusive, andall other applicable statutes and regulations.

(Added to NRS by 2001, 3150; A 2005, 2414)

Operation of Programs

NRS 388.842 Alternatescheduling permitted; minimum time required for full-time program.

1. A program of distance education may include,without limitation, an opportunity for pupils to participate in the program:

(a) For a shorter school day or a longer school daythan that regularly provided for in the school district or charter school, asapplicable; and

(b) During any part of the calendar year.

2. If a program of distance education is provided forpupils on a full-time basis, the program must include at least as many hours orminutes of instruction as would be provided under a program consisting of 180days.

(Added to NRS by 2001, 3150)

NRS 388.846 Compliancewith statutes and regulations; notice by charter school to board of trusteesconcerning type of educational services provided.

1. If the board of trustees of a school districtprovides a program of distance education, the board of trustees shall ensurethat the persons who operate the program on a day-to-day basis comply with andcarry out all applicable requirements, statutes, regulations, rules andpolicies of the school district, including, without limitation:

(a) Graduation requirements;

(b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

(c) Provisions governing the attendance and truancy ofpupils, as set forth in NRS 392.040 to 392.220, inclusive; and

(d) Discipline of pupils.

2. If the governing body of a charter school providesa program of distance education, the governing body shall:

(a) For each pupil who is enrolled in the program,provide written notice to the board of trustees of the school district in whichthe pupil resides of the type of educational services that will be provided tothe pupil through the program. The written notice must be provided to the boardof trustees before the pupil receives educational services through the programof distance education.

(b) Ensure that the persons who operate the program ona day-to-day basis comply with and carry out all applicable requirements,statutes, regulations, rules and policies of the charter school, including,without limitation:

(1) Graduation requirements;

(2) Accountability of public schools, as setforth in NRS 385.3455 to 385.391, inclusive;

(3) Provisions governing the attendance andtruancy of pupils, as set forth in NRS392.040 to 392.220, inclusive; and

(4) Discipline of pupils.

(Added to NRS by 2001, 3154; A 2003, 19th SpecialSession, 52)

Pupils

NRS 388.850 Eligibilityfor enrollment.

1. A pupil may enroll in a program of distanceeducation only if the pupil satisfies the requirements of any other applicablestatute and the pupil:

(a) Is participating in a program for pupils at risk ofdropping out of high school pursuant to NRS388.537;

(b) Is participating in a program of independent studypursuant to NRS 389.155;

(c) Is enrolled in a public school that does not offercertain advanced or specialized courses that the pupil desires to attend;

(d) Has a physical or mental condition that wouldotherwise require an excuse from compulsory attendance pursuant to NRS 392.050;

(e) Would otherwise be excused from compulsoryattendance pursuant to NRS 392.080;

(f) Is otherwise prohibited from attending publicschool pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467or 392.4675;

(g) Is otherwise permitted to enroll in a program ofdistance education provided by the board of trustees of a school district ifthe board of trustees determines that the circumstances warrant enrollment forthe pupil; or

(h) Is otherwise permitted to enroll in a program ofdistance education provided by the governing body of a charter school if thegoverning body of the charter school determines that the circumstances warrantenrollment for the pupil.

2. In addition to the eligibility for enrollment setforth in subsection 1, a pupil must satisfy the qualifications and conditionsfor enrollment in a program of distance education adopted by the State Boardpursuant to NRS 388.874.

3. A child who is exempt from compulsory attendanceand receiving equivalent instruction authorized by the State Board pursuant tosubsection 1 of NRS 392.070 is noteligible to enroll in or otherwise attend a program of distance education,regardless of whether he is otherwise eligible for enrollment pursuant tosubsection 1.

4. If a pupil who is prohibited from attending publicschool pursuant to NRS 392.264 enrollsin a program of distance education, the enrollment and attendance of that pupilmust comply with all requirements of NRS62F.100 to 62F.140, inclusive, and392.251 to 392.271, inclusive.

5. If a pupil is eligible for enrollment in a programof distance education pursuant to paragraph (c) of subsection 1, he may enrollin the program of distance education only to take those advanced or specializedcourses that are not offered at the public school he otherwise attends.

(Added to NRS by 2001, 3151; A 2003, 223, 1141)

NRS 388.854 Permissionof board of trustees required for enrollment; contents and filing of writtenagreement between board of trustees and provider of distance education program;apportionments withheld if agreement not filed.

1. Except as otherwise provided in this subsection,before a pupil may enroll full time or part time in a program of distanceeducation that is provided by a school district other than the school districtin which the pupil resides, the pupil must obtain the written permission of theboard of trustees of the school district in which the pupil resides. Before apupil who is enrolled in a public school of a school district may enroll parttime in a program of distance education that is provided by a charter school,the pupil must obtain the written permission of the board of trustees of theschool district in which the pupil resides. A pupil who enrolls full time in aprogram of distance education that is provided by a charter school is notrequired to obtain the approval of the board of trustees of the school districtin which the pupil resides.

2. If the board of trustees of a school districtgrants permission pursuant to subsection 1, the board of trustees shall enterinto a written agreement with the board of trustees or governing body, asapplicable, that provides the program of distance education. A separateagreement must be prepared for each year that a pupil enrolls in a program ofdistance education. The written agreement must:

(a) Contain a statement prepared by the board oftrustees of the school district in which the pupil resides indicating that theboard of trustees understands that the Superintendent of Public Instructionwill make appropriate adjustments in the apportionments to the school districtpursuant to NRS 387.124 to account forthe pupils enrollment in the program of distance education;

(b) If the pupil plans to enroll part time in theprogram of distance education, contain a statement prepared by the board oftrustees of the school district in which the pupil resides and the board oftrustees or governing body that provides the program of distance educationsetting forth the percentage of the total time services will be provided to thepupil through the program of distance education per school day in proportion tothe total time services are provided during a school day to pupils who arecounted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district inwhich the pupil resides;

(c) Be signed by the board of trustees of the schooldistrict in which the pupil resides and the board of trustees or governing bodythat provides the program of distance education; and

(d) Include any other information required by the StateBoard by regulation.

3. On or before the last day of the first school monthof each school year or March 1 of each school year, as applicable for thesemester of enrollment, a written agreement must be filed with theSuperintendent of Public Instruction for each pupil who is enrolled full time ina program of distance education provided by a school district other than theschool district in which the pupil resides. On or before the last day of thefirst school month of each school year or March 1 of each school year, asapplicable for the semester of enrollment, a written agreement must be filedwith the Superintendent of Public Instruction for each pupil who is enrolled ina public school of the school district and who is enrolled part time in aprogram of distance education provided by a charter school. If an agreement isnot filed for a pupil who is enrolled in a program of distance education asrequired by this section, the Superintendent of Public Instruction shall notapportion money for that pupil to the board of trustees of the school districtin which the pupil resides, or the board of trustees or governing body thatprovides the program of distance education.

(Added to NRS by 2001, 3152; A 2005, 2415)

NRS 388.858 Permissionof charter school required for part-time enrollment; contents and filing ofwritten agreement between charter school and provider of distance educationprogram; apportionments withheld if agreement not filed.

1. If a pupil is enrolled in a charter school, he mayenroll full time in a program of distance education only if the charter schoolin which he is enrolled provides the program of distance education.

2. Before a pupil who is enrolled in a charter schoolmay enroll part time in a program of distance education that is provided by aschool district or another charter school, the pupil must obtain the writtenpermission of the governing body of the charter school in which the pupil isenrolled.

3. If the governing body of a charter school grantspermission pursuant to subsection 2, the governing body shall enter into awritten agreement with the board of trustees or governing body, as applicable,that provides the program of distance education. A separate agreement must beprepared for each year that a pupil enrolls in a program of distance education.The written agreement must:

(a) Contain a statement prepared by the governing bodyof the charter school in which the pupil is enrolled indicating that thegoverning body understands that the Superintendent of Public Instruction willmake appropriate adjustments in the apportionments to the charter schoolpursuant to NRS 387.124 to account forthe pupils enrollment in the program of distance education;

(b) Contain a statement prepared by the governing bodyof the charter school in which the pupil is enrolled and the board of trusteesor governing body that provides the program of distance education setting forththe percentage of the total time services will be provided to the pupil throughthe program of distance education per school day in proportion to the totaltime services are provided during a school day to pupils who are countedpursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district inwhich the pupil resides;

(c) Be signed by the governing body of the charterschool in which the pupil is enrolled and the board of trustees or governingbody that provides the program of distance education; and

(d) Include any other information required by the StateBoard by regulation.

4. On or before the last day of the first school monthof each school year or March 1 of each school year, as applicable for thesemester of enrollment, a written agreement must be filed with theSuperintendent of Public Instruction for each pupil who is enrolled in acharter school and who is enrolled part time in a program of distance educationprovided by a school district or another charter school. If an agreement is notfiled for such a pupil, the Superintendent of Public Instruction shall notapportion money for that pupil to the governing body of the charter school inwhich the pupil is enrolled, or the board of trustees or governing body thatprovides the program of distance education.

(Added to NRS by 2001, 3153; A 2005, 2416)

NRS 388.862 Boardof trustees required to declare public school to which pupil enrolled inprogram is affiliated; applicability of statutes and regulations to pupils.

1. If a pupil is enrolled full time in a program ofdistance education provided by the board of trustees of a school district, theboard of trustees that provides the program shall declare for each such pupilone public school within that school district with which the pupil isaffiliated. The board of trustees may declare that all the pupils enrolled inthe program of distance education are affiliated with one public school withinthe school district, or it may declare individual public schools for the pupilsenrolled in the program. Upon the declared affiliation, the pupil shall bedeemed enrolled in that public school for purposes of all the applicablerequirements, statutes, regulations, rules and policies of that public schooland school district, including, without limitation:

(a) Graduation requirements;

(b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

(c) Provisions governing the attendance and truancy ofpupils, as set forth in NRS 392.040 to 392.220, inclusive; and

(d) Discipline of pupils.

2. A pupil who is enrolled full time in a program ofdistance education provided by a charter school shall be deemed enrolled in thecharter school. All the applicable requirements, including, without limitation,statutes, regulations, rules and policies of that charter school apply to sucha pupil, including, without limitation:

(a) Graduation requirements;

(b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

(c) Provisions governing the attendance and truancy ofpupils, as set forth in NRS 392.040 to 392.220, inclusive; and

(d) Discipline of pupils.

3. If a pupil is enrolled part time in a program ofdistance education, all the applicable requirements, statutes, regulations,rules and policies of the public school of the school district in which thepupil is otherwise enrolled or the charter school in which the pupil isotherwise enrolled apply to such a pupil, including, without limitation:

(a) Graduation requirements;

(b) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;

(c) Provisions governing the attendance and truancy ofpupils, as set forth in NRS 392.040 to 392.220, inclusive; and

(d) Discipline of pupils.

(Added to NRS by 2001, 3153; A 2003, 19th SpecialSession, 52)

NRS 388.866 Supervisionof pupil by teacher.

1. The board of trustees of a school district or thegoverning body of a charter school that provides a program of distanceeducation shall ensure that, for each course offered through the program, ateacher:

(a) Provides the work assignments to each pupilenrolled in the course that are necessary for the pupil to complete the course;and

(b) Meets or otherwise communicates with the pupil atleast once each week during the course to discuss the pupils progress.

2. If a course offered through a program of distanceeducation is a core academic subject, as defined in NRS 389.018, the teacher who fulfills therequirements of subsection 1 must be a:

(a) Licensed teacher; or

(b) Teacher, instructor or professor who providesinstruction at a community college or university. Such a teacher, instructor orprofessor may only be assigned to a course of distance education in the subjectarea for which he provides instruction at a community college or university.

(Added to NRS by 2001, 3151; A 2005, 2417)

Reports and Regulations

NRS 388.870 Contentsand submission of annual report by provider of distance education program. On or before November 1 of each year, the board oftrustees of a school district or the governing body of a charter school thatprovides a program of distance education shall submit to the Department and tothe Legislative Bureau of Educational Accountability and Program Evaluation awritten report that contains a summary of the program for the immediatelypreceding school year which includes, without limitation:

1. A description of the manner in which the programwas carried out;

2. The expenditures made for the program;

3. The number of pupils who were enrolled full time inthe program and the number of pupils who were enrolled part time in theprogram;

4. If available, a description of the reasons whypupils enrolled in the program;

5. The number of pupils who dropped out of theprogram, if any;

6. A description of any disciplinary measures takenagainst pupils who were enrolled in the program; and

7. An analysis of the academic achievement andperformance of the pupils who were enrolled in the program before and after thepupils participated in the program.

(Added to NRS by 2001, 3155)

NRS 388.874 Regulationsof State Board.

1. The State Board shall adopt regulations thatprescribe:

(a) The process for submission of an application by a personor entity for inclusion of a course of distance education on the list preparedby the Department pursuant to NRS 388.834and the contents of the application;

(b) The process for submission of an application by theboard of trustees of a school district, the governing body of a charter schoolor a committee to form a charter school to provide a program of distanceeducation and the contents of the application;

(c) The qualifications and conditions for enrollmentthat a pupil must satisfy to enroll in a program of distance education,consistent with NRS 388.850;

(d) A method for reporting to the Department the numberof pupils who are enrolled in a program of distance education and theattendance of those pupils;

(e) The requirements for assessing the achievement ofpupils who are enrolled in a program of distance education, which must include,without limitation, the administration of the achievement and proficiencyexaminations required pursuant to NRS389.015 and 389.550; and

(f) A written description of the process pursuant towhich the State Board may revoke its approval for the operation of a program ofdistance education.

2. The State Board may adopt regulations as itdetermines are necessary to carry out the provisions of NRS 388.820 to 388.874, inclusive.

(Added to NRS by 2001, 3155; A 2003, 223; 2005, 2417)

MISCELLANEOUS PROVISIONS

NRS 388.880 Immunityfrom civil liability for reporting threat of violence against school official,school employee or pupil; exceptions.

1. Except as otherwise provided in subsection 2, ifany person who knows or has reasonable cause to believe that another person hasmade a threat of violence against a school official, school employee or pupilreports in good faith that threat of violence to a school official, teacher,school police officer, local law enforcement agency or potential victim of theviolence that is threatened, the person who makes the report is immune fromcivil liability for any act or omission relating to that report. Such a personis not immune from civil liability for any other act or omission committed bythe person as a part of, in connection with or as a principal, accessory orconspirator to the violence, regardless of the nature of the other act oromission.

2. The provisions of this section do not apply to aperson who:

(a) Is acting in his professional or occupationalcapacity and is required to make a report pursuant to NRS 200.5093, 200.50935 or 432B.220.

(b) Is required to make a report concerning thecommission of a violent or sexual offense against a child pursuant to NRS 202.882.

3. As used in this section:

(a) Reasonable cause to believe means, in light ofall the surrounding facts and circumstances which are known, a reasonableperson would believe, under those facts and circumstances, that an act,transaction, event, situation or condition exists, is occurring or hasoccurred.

(b) School employee means a licensed or unlicensedperson who is employed by:

(1) A board of trustees of a school districtpursuant to NRS 391.100; or

(2) The governing body of a charter school.

(c) School official means:

(1) A member of the board of trustees of aschool district.

(2) A member of the governing body of a charterschool.

(3) An administrator employed by the board oftrustees of a school district or the governing body of a charter school.

(d) Teacher means a person employed by the:

(1) Board of trustees of a school district toprovide instruction or other educational services to pupils enrolled in publicschools of the school district.

(2) Governing body of a charter school toprovide instruction or other educational services to pupils enrolled in thecharter school.

(Added to NRS by 2001, 2650; A 2005, 1116)

 

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