[Rev. 11/21/2013 4:25:02 PM--2013]

[NAC-392 Revised Date: 5-08]

CHAPTER 392 - PUPILS

IMMUNIZATION AGAINST DISEASE

392.105            Mumps, hepatitis A, hepatitis B, varicella and Bordetella pertussis.

HOMELESS CHILDREN

392.205            Required education and services.

392.225            School districts to adopt appropriate policies and practices.

CONFIDENTIALITY OF EDUCATION RECORDS

392.301            Definitions.

392.306            “Directory information” defined.

392.311            “Disclose” and “disclosure” defined.

392.315            “Education record” defined.

392.320            “Parent” defined.

392.325            “Personally identifiable information” defined.

392.330            “Record” defined.

392.340            Applicability.

392.345            Accessibility and authority of parents to inspect and review records; maintenance of list of types and locations of records; copyright.

392.350            Confidentiality of personally identifiable information; maintenance of permanent record; disclosure under certain circumstances.

392.355            Disclosure of directory information.

392.360            School districts to adopt appropriate policies and procedures.

DRIVERS OF SCHOOL BUSES

392.400            Training while bus unoccupied.

392.410            Written test for drivers.

392.420            Records concerning drivers.

392.430            Providers of training in operation of school buses.

SCHOOL BUS STANDARDS

392.500            Conformity with standards.

392.502            Adoption of standards by reference.

 

 

IMMUNIZATION AGAINST DISEASE

      NAC 392.105  Mumps, hepatitis A, hepatitis B, varicella and Bordetella pertussis. (NRS 392.435, 439.200)

     1.  The State Board of Health hereby declares the diseases of:

     (a) Mumps;

     (b) Hepatitis A;

     (c) Hepatitis B;

     (d) Varicella; and

     (e) Bordetella pertussis if a child is 6 years of age or older,

Ê to be communicable diseases.

     2.  Unless excused because of religious belief or medical condition, a child may not be enrolled in a public school in this State unless he has been immunized against the mumps.

     3.  Except as otherwise provided in subsection 5, unless excused because of religious belief or medical condition, a child may not be enrolled in a public school in this State:

     (a) After June 30, 2002, unless he has been immunized against hepatitis A and hepatitis B; and

     (b) After June 30, 2003, unless he has been immunized against varicella.

     4.  Unless excused because of religious belief or medical condition, a child may not be enrolled in grade 7 in a public school in this State after June 30, 2008, unless the child has been immunized against Bordetella pertussis. To satisfy the requirements of this subsection, a child must receive at least one dose of a vaccine against Bordetella pertussis after he obtained 10 years of age.

     5.  The provisions of:

     (a) Paragraph (a) of subsection 3 do not apply to a child who is enrolled in a public school in this State before July 1, 2002; and

     (b) Paragraph (b) of subsection 3 do not apply to a child who is enrolled in a public school in this State before July 1, 2003.

     (Added to NAC by Bd. of Health, eff. 6-30-88; A by R075-01, 10-23-2001; R099-07, 10-31-2007)

HOMELESS CHILDREN

      NAC 392.205  Required education and services. (NRS 385.080)

      1.  Within 7 working days after receiving the name and location of a child who is homeless and who meets the age requirements of NRS 392.040, a school district shall provide the homeless child with education and services that are provided to the other pupils within the school district. The school district shall, in accordance with the best interests of the homeless child:

     (a) If applicable, continue the education of the child in the child’s school of origin for the remainder of the school year; or

     (b) Enroll the child in a school that is within the zone of attendance where the child is actually living.

Ê In determining the best interests of a homeless child for purposes of this subsection, a school district shall, to the extent practicable, comply with a request made by the parent or guardian of the child regarding the selection of a school.

     2.  Each school district shall:

     (a) Maintain the appropriate school records for each homeless child who is attending school within the school district in the same manner as the school district maintains school records for the other pupils within the school district;

     (b) Assist the parent or guardian of each homeless child in obtaining verification of the age and identity of the child and any prior school records of the child;

     (c) Verify that each homeless child within the school district has received the immunizations necessary to attend school or, if applicable, assist the parent or guardian of the child in obtaining the immunizations for his child;

     (d) Appoint a liaison for the homeless to coordinate with local social service agencies and other programs to assist homeless children and their families;

     (e) Ensure that each school within the school district has identified an on-site advocate for the homeless to assist any homeless children and their families and to serve as a contact for the liaison appointed pursuant to paragraph (d); and

     (f) Inform the personnel of the school district, the advocates for the homeless identified pursuant to paragraph (e) and those persons who provide services to children and their families within the school district of the duties of the liaison for the homeless appointed pursuant to paragraph (d).

     3.  As used in this section, “school of origin” means the school that a homeless child attended when he had a permanent home or the school in which the child was last enrolled.

     (Added to NAC by Bd. of Education, eff. 12-13-89; A by R039-99, 11-3-99)

      NAC 392.225  School districts to adopt appropriate policies and practices. (NRS 385.080)  Each school district shall adopt policies and practices that are designed to remove any barriers to the enrollment and retention of homeless children in school. Each school district shall review and revise, if necessary, the policies and practices that it adopts pursuant to this section.

     (Added to NAC by Bd. of Education by R039-99, eff. 11-3-99)

CONFIDENTIALITY OF EDUCATION RECORDS

      NAC 392.301  Definitions. (NRS 385.080, 392.029)  As used in NAC 392.301 to 392.360, inclusive, unless the context otherwise requires, the words and terms defined in NAC 392.306 to 392.330, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.306  “Directory information” defined. (NRS 385.080, 392.029)  “Directory information” has the meaning ascribed to it in 34 C.F.R. § 99.3.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.311  “Disclose” and “disclosure” defined. (NRS 385.080, 392.029)  “Disclose” or “disclosure” has the meaning ascribed to it in 34 C.F.R. § 99.3.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.315  “Education record” defined. (NRS 385.080, 392.029)  “Education record” has the meaning ascribed to it in NRS 392.029. The term includes, without limitation:

     1.  Academic work completed by a pupil.

     2.  Records indicating a pupil’s level of achievement, including, without limitation, his grades.

     3.  Records of a pupil’s attendance at school.

     4.  A pupil’s results on standardized intelligence, aptitude and psychological tests.

     5.  Results from interest inventories completed by a pupil.

     6.  A pupil’s health records.

     7.  Information concerning a pupil’s family and residence.

     8.  Records concerning a pupil’s participation in activities sponsored by the school, special programs and support services.

     9.  Ratings and observations of a pupil by teachers, counselors and employees of a school district who transport pupils.

     10.  Reports of serious or recurrent behavior patterns of a pupil which have been verified.

     11.  Records, ratings and observations recorded by a counselor that are accessible by or revealed to any other person except for a substitute for the counselor.

     12.  The records of a child who is homeschooled that are maintained by a school district or a person acting for the school district.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.320  “Parent” defined. (NRS 385.080, 392.029)  “Parent” has the meaning ascribed to it in 34 C.F.R. § 99.3.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.325  “Personally identifiable information” defined. (NRS 385.080, 392.029)  “Personally identifiable information” has the meaning ascribed to it in 34 C.F.R. § 99.3.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.330  “Record” defined. (NRS 385.080, 392.029)  “Record” has the meaning ascribed to it in C.F.R. § 99.3.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.340  Applicability. (NRS 385.080, 392.029)  The provisions of NAC 392.301 to 392.360, inclusive, apply to all education records, including, without limitation, those that a school which is no longer operating has deposited with the superintendent of the school district for the county in which the school was located.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.345  Accessibility and authority of parents to inspect and review records; maintenance of list of types and locations of records; copyright. (NRS 385.080, 392.029)

     1.  The parents of a pupil may:

     (a) Make reasonable requests for a school district to explain or interpret the education records relating to their child;

     (b) Have their representative inspect and review the records; and

     (c) Request that the school district provide them with copies of the records.

     2.  A school district may presume that the parent has authority to inspect and review education records relating to the pupil unless the school district has been provided with satisfactory evidence that the parent does not have the authority under applicable state law governing such matters as guardianship, separation or divorce.

     3.  Each school district shall maintain a list of the types and locations of the education records it collects, maintains or uses relating to pupils.

     4.  This section does not abrogate a copyright.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.350  Confidentiality of personally identifiable information; maintenance of permanent record; disclosure under certain circumstances. (NRS 385.080, 392.029)

     1.  Each school district shall:

     (a) Protect the confidentiality of personally identifiable information at its collection, storage, disclosure and destruction;

     (b) Appoint one person to assume responsibility for ensuring the confidentiality of all personally identifiable information;

     (c) Train or instruct all persons collecting or using personally identifiable information regarding the policies and procedures to be followed concerning such information; and

     (d) Maintain a current listing for public inspection of the names and positions of those employees of the district who have access to personally identifiable information.

     2.  Each school district shall:

     (a) Inform the parents when the personally identifiable information is no longer needed to provide educational services to the pupil; and

     (b) Maintain a permanent record of the pupil’s name, address, telephone number, grades, attendance, classes he attended, grades he completed and the year he completed them.

     3.  Subject to the limitations provided by 34 C.F.R. §§ 99.33 to 99.36, inclusive, personally identifiable information may be disclosed to a court of competent jurisdiction or a person or entity pursuant to an order entered by a court of competent jurisdiction or pursuant to a lawfully issued subpoena, if the school district makes a reasonable effort to notify the parents before complying with such an order or subpoena.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.355  Disclosure of directory information. (NRS 385.080, 392.029)

     1.  A school district wishing to disclose directory information shall allow a reasonable time after giving notice of the school district’s intent to disclose that information for parents to inform the school district in writing that any or all of the information designated should not be released.

     2.  If a parent informs the school district in writing that any or all of the information should not be released with respect to his child, the school district shall not disclose such information concerning that pupil.

     3.  If a parent does not object, the school district may disclose such information.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

      NAC 392.360  School districts to adopt appropriate policies and procedures. (NRS 385.080, 392.029)  Each school district shall adopt policies and procedures so that parents may exercise the rights set forth in 20 U.S.C. § 1232g(a), 34 C.F.R. Part 99 and NAC 392.301 to 392.355, inclusive.

     (Added to NAC by Bd. of Education by R064-97, eff. 12-10-97)

DRIVERS OF SCHOOL BUSES

     NAC 392.400  Training while bus unoccupied. (NRS 385.080, 392.380)  In the training course required by subsection 2 of NRS 392.380, a new driver must be given at least 10 hours of training in the operation of a school bus or other bus while it is not occupied by pupils.

     (Added to NAC by Bd. of Education, eff. 1-19-84)

      NAC 392.410  Written test for drivers. (NRS 385.080, 392.380)

     1.  The yearly written test for drivers, required by subsection 3 of NRS 392.380, must be administered by each school district:

     (a) Before the beginning of a school year; and

     (b) For any driver who is employed after that time, before he is assigned to driving.

     2.  Each school district shall provide assurances to the Superintendent of Public Instruction that it has taken appropriate measures to prevent unauthorized access to the questions to be presented in the test.

     3.  Drivers are limited to three opportunities to achieve a passing score on the test.

     (Added to NAC by Bd. of Education, eff. 1-19-84)

      NAC 392.420  Records concerning drivers. (NRS 385.080, 392.380)

     1.  Each school district shall maintain records concerning drivers of school buses or buses used for transportation of pupils for extracurricular activities. The records must contain the following information:

     (a) For each driver:

          (1) Written confirmation that he has completed the required training course; and

          (2) His scores on the yearly written test.

     (b) For each such trip made by the driver:

          (1) The purpose of the trip;

          (2) The destination;

          (3) The date;

          (4) The time of departure and return;

          (5) The total miles driven;

          (6) The total time he has operated the vehicle; and

          (7) A report of any violation of subsection 4 of NRS 392.360 and the reason for the violation.

     2.  The records must be retained for at least 1 year.

     (Added to NAC by Bd. of Education, eff. 1-19-84)

      NAC 392.430  Providers of training in operation of school buses. (NRS 385.080, 392.380)

     1.  A person who wishes to provide training in the operation of a school bus for a school district must:

     (a) Have a high school diploma or general equivalency diploma;

     (b) Have been driving a school bus in this State for at least the immediately preceding 2 years;

     (c) Hold a valid class A or class B commercial driver’s license issued pursuant to the provisions of NRS 483.900 to 483.940, inclusive, which includes a school bus endorsement and a passenger endorsement;

     (d) In the immediately preceding 3 years, not have any:

          (1) Convictions for a moving violation while driving a school bus; or

          (2) Records of involvement in an accident while driving a school bus for which he is at fault or which could have been prevented;

     (e) Know and understand any applicable federal, state and local laws and regulations and any rules or regulations of the school district related to driving a school bus;

     (f) Receive at least 10 hours of in-service training each year within the school district; and

     (g) Have passed the written test developed by the Department of Education pursuant to subsection 3.

     2.  Each school district shall provide documentation to the Department of Education which verifies that each person who provides training in the operation of a school bus for the school district has satisfied the requirements set forth in subsection 1. The Department of Education shall maintain the documentation provided by each school district.

     3.  The Department of Education shall, in consultation with the school districts, develop a written test that assesses knowledge and understanding of current federal and state laws and regulations related to driving a school bus for administration to persons who wish to provide training in the operation of a school bus.

     (Added to NAC by Bd. of Education by R074-05, 10-31-2005, eff. 1-1-2006)

REVISER’S NOTE.

      The regulation of the State Board of Education filed with the Secretary of State on October 31, 2005 (LCB File No. R074-05), the source of this section, contains the following provisions not included in NAC:

      “The requirements for a person who wishes to provide training in the operation of a school bus set forth in subsection 1 of section 1 of this regulation [NAC 392.430] apply only to persons who are initially employed or retained by a school district in this State on or after January 1, 2006, to provide training for the operation of a school bus. The requirements do not apply to persons who are employed or retained by a school district in this State before January 1, 2006.”

 

SCHOOL BUS STANDARDS

      NAC 392.500  Conformity with standards. (NRS 385.080, 392.400, 392.410)

     1.  Except as otherwise provided in NRS 392.400, a school bus manufactured:

     (a) After February 10, 1972, and before October 22, 2000, may be used for the transportation of pupils only if it conforms to the minimum national standards for school buses established by the Secretary of Transportation pursuant to the National Traffic and Motor Vehicle Safety Act of 1966, 49 U.S.C. §§ 30101 et seq., and any more stringent standards adopted by the State Board of Education that were in effect at the time the school bus was manufactured; or

     (b) On or after October 22, 2000, may be used for the transportation of pupils only if it conforms to the national standards for school buses set forth in 49 C.F.R. Part 571 and the standards set forth in the Nevada School Bus Standards adopted pursuant to NAC 392.502.

     2.  This section does not prevent the Federal Government or the government of any state or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable federal standard.

     [Dep’t of Education, eff. 1-9-77]—(NAC A by Bd. of Education, 10-13-87; R016-98, 4-14-98; R040-99, 11-3-99; R027-01, 11-1-2001)

      NAC 392.502  Adoption of standards by reference. (NRS 385.080, 392.400, 392.410)

     1.  The Nevada School Bus Standards established by the Department of Education are hereby adopted by reference as those standards existed on October 22, 2000.

     2.  A copy of the Nevada School Bus Standards may be obtained free of charge from the Department of Education, 700 East Fifth Street, Carson City, Nevada 89701-5096.

     3.  The Department of Education shall provide a copy of the Nevada School Bus Standards free of charge to each school district in this State.

     (Added to NAC by Bd. of Education by R027-01, eff. 11-1-2001)