NRS: CHAPTER 388C - UNIVERSITY SCHOOLS FOR PROFOUNDLY GIFTED PUPILS

[Rev. 6/29/2024 3:54:35 PM--2023]

CHAPTER 388C - UNIVERSITY SCHOOLS FOR PROFOUNDLY GIFTED PUPILS

GENERAL PROVISIONS

NRS 388C.010 Legislative declaration concerning instruction and programs for profoundly gifted pupils.

NRS 388C.030 “Profoundly gifted pupil” defined.

NRS 388C.040 “University school for profoundly gifted pupils” defined.

NRS 388C.050 University school deemed public school.

NRS 388C.060 Provisions governing education not applicable unless specified by statute or regulation; employees deemed public employees.

NRS 388C.070 Compliance with federal law required; acceptance of gifts, bequests, grants, appropriation or donation.

OPERATION

NRS 388C.100 Composition of governing body; appointment; terms; powers; quarterly meetings.

NRS 388C.110 Attendance in lieu of attendance at middle school or high school; regulations by Superintendent of Public Instruction.

NRS 388C.120 Eligibility of pupil for admission; application for admission; curriculum; issuance of diploma; report by governing body.

NRS 388C.130 Program of distance education authorized.

NRS 388C.140 Rules for academic advancement of pupils; requirement of 4-year academic plan; transfer of credit earned by pupils.

NRS 388C.150 Rules of behavior for pupils; requirement for suspension or expulsion of pupil to be consistent with such requirements for public schools; procedure for suspension or expulsion; rules for truancy.

NRS 388C.160 Governing body of university school to enter memorandum of understanding with certain organizations to assist victims of power-based violence.

PERSONNEL

NRS 388C.170 Definitions.

NRS 388C.180 “Unsupervised contact” defined.

NRS 388C.190 “Volunteer” defined.

NRS 388C.200 Fingerprinting and investigation into the background of nonlicensed applicants for employment and employees and certain volunteers; use of certain information; disqualification of certain applicants, employees and volunteers; acceptance of gifts, grants and donations; immunity from liability.

NRS 388C.205 Conditions under which volunteer not required to submit fingerprints.

NRS 388C.210 Certain percentage of licensed teachers required; administration of achievement and proficiency examinations.

ACCOUNTABILITY AND FINANCES

NRS 388C.250 Submission of accountability and financial information to Department.

NRS 388C.260 Inclusion of pupils in count for State Education Fund; deposit of money; distribution in first year of operation; payment of remaining apportionments upon cessation of operation; purchase of real property.

NRS 388C.270 Orders for payment of money; limitations.

_________

GENERAL PROVISIONS

NRS 388C.010 Legislative declaration concerning instruction and programs for profoundly gifted pupils.

1. The Legislature declares that the primary consideration of the Legislature when enacting legislation regarding the appropriate instruction of profoundly gifted pupils in Nevada is to pursue all suitable means for the promotion of intellectual, literary and scientific improvements to the system of public instruction in a manner that will best serve the interests of all pupils, including profoundly gifted pupils.

2. The Legislature further declares that there are pupils enrolled in the public middle schools, junior high schools and high schools in this State who are so profoundly gifted that their educational needs are not being met by the schools in which they are enrolled, and by participating in an accelerated program of education, these pupils may obtain early admission to university studies. These accelerated programs should be designed to address the different and distinct learning styles and needs of these profoundly gifted pupils.

3. It is the intent of the Legislature that participation in such accelerated programs of education for profoundly gifted pupils be open to all qualified applicants, regardless of race, culture, ethnicity, economic means, sexual orientation, or gender identity or expression, and that specific criteria for admission into those programs be designed to determine the potential for success of an applicant.

4. It is further the intent of the Legislature to support and encourage the ongoing development of innovative educational programs and tools to improve the educational opportunities of profoundly gifted pupils, regardless of race, culture, ethnicity, economic means, sexual orientation, or gender identity or expression and to increase the educational opportunities of pupils who are identified as profoundly gifted, gifted and talented, having special educational needs or being at risk for underachievement.

5. As used in this section:

(a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

(b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

(Added to NRS by 2005, 2425; A 2017, 1073; 2021, 1717)

NRS 388C.020 Definitions. As used in this chapter, unless the context otherwise provides, the words and terms defined in NRS 388C.030 and 388C.040 have the meanings ascribed to them in those sections.

(Added to NRS by 2005, 2425)—(Substituted in revision for NRS 392A.020)

NRS 388C.030 “Profoundly gifted pupil” defined. “Profoundly gifted pupil” means a person who is under the age of 18 years:

1. Whose intelligence quotient as determined by an individual administration of the Wechsler or Stanford-Binet Series tests or other test approved by the governing body of the university school for profoundly gifted pupils is at or above the 99.9th percentile; or

2. Who scores at or above the 99.9th percentile for his or her age on an aptitude or achievement test, including, without limitation, the Scholastic Aptitude Test or the American College Test.

(Added to NRS by 2005, 2425)—(Substituted in revision for NRS 392A.030)

NRS 388C.040 “University school for profoundly gifted pupils” defined. “University school for profoundly gifted pupils” means a school that:

1. Is located on the campus of a university within the Nevada System of Higher Education;

2. Is operated through a written agreement with the university;

3. Is operated by or is itself a nonprofit corporation that is recognized as exempt pursuant to 26 U.S.C. § 501(c)(3);

4. Demonstrates at least 5 years of successful experience providing educational services to profoundly gifted youth;

5. Provides a full-time alternative program of education, which may include, without limitation, a program of distance education, for profoundly gifted pupils who:

(a) Are residents of this State; and

(b) Have been identified as possessing the abilities and skills necessary for advanced academic work, including accelerated middle school, junior high school, high school and early university entrance; and

6. Does not charge tuition to pupils enrolled in the school.

(Added to NRS by 2005, 2426; A 2015, 1195)—(Substituted in revision for NRS 392A.040)

NRS 388C.050 University school deemed public school. Pursuant to NRS 385.007, a university school for profoundly gifted pupils shall be deemed a public school and is entitled to receive money from the State.

(Added to NRS by 2005, 2426; A 2007, 1210)—(Substituted in revision for NRS 392A.050)

NRS 388C.060 Provisions governing education not applicable unless specified by statute or regulation; employees deemed public employees.

1. Except as otherwise provided by specific statute and by regulation of the State Board as determined necessary by the Superintendent of Public Instruction, the provisions of this title do not apply to a university school for profoundly gifted pupils.

2. The employees of a university school for profoundly gifted pupils shall be deemed public employees.

(Added to NRS by 2005, 2426; A 2007, 1210)—(Substituted in revision for NRS 392A.060)

NRS 388C.070 Compliance with federal law required; acceptance of gifts, bequests, grants, appropriation or donation.

1. A university school for profoundly gifted pupils shall comply with all applicable federal laws to prevent the loss of any federal money for education provided to the State of Nevada and the school districts in this State by the Federal Government.

2. A university school for profoundly gifted pupils may apply for and accept any gift, bequest, grant, appropriation or donation from any source, except that the acceptance of any gift, bequest, grant, appropriation or donation may not violate any state or federal law.

(Added to NRS by 2005, 2426)—(Substituted in revision for NRS 392A.070)

OPERATION

NRS 388C.100 Composition of governing body; appointment; terms; powers; quarterly meetings.

1. The governing body of a university school for profoundly gifted pupils consists of 10 members. The Superintendent of Public Instruction, the president of the university where the university school for profoundly gifted pupils is located and the superintendent of schools of the school district in which the university school for profoundly gifted pupils is located shall serve ex officio as nonvoting advisory members of the governing body. The Governor, the Majority Leader of the Senate and the Speaker of the Assembly shall each appoint one voting member to serve a 4-year term. The members appointed by the Governor, the Majority Leader of the Senate and the Speaker of the Assembly may not be Legislators, employees of the State, a municipality of the State or the Board of Regents of the University of Nevada. The remaining four voting members of the governing body must be appointed by the entity that operates the university school for profoundly gifted pupils. A person may serve on a governing body pursuant to this subsection only if the person submits an affidavit to the Department indicating that the person has not been convicted of a felony or any crime involving moral turpitude.

2. The governing body of a university school for profoundly gifted pupils is a public body. It is hereby given such reasonable and necessary powers, not conflicting with the Constitution and the laws of the State of Nevada, as may be required to attain the ends for which the school is established and to promote the welfare of pupils who are enrolled in the school.

3. The governing body of a university school for profoundly gifted pupils shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which the school is located.

(Added to NRS by 2005, 2427; A 2007, 1210)—(Substituted in revision for NRS 392A.080)

NRS 388C.110 Attendance in lieu of attendance at middle school or high school; regulations by Superintendent of Public Instruction. The Superintendent of Public Instruction shall:

1. Authorize any pupil who is admitted to a university school for profoundly gifted pupils to enroll in that school in lieu of enrolling in the middle school, junior high school or high school that the pupil is otherwise scheduled to attend.

2. Adopt regulations to carry out the provisions of this chapter with which each university school for profoundly gifted pupils must comply.

(Added to NRS by 2005, 2426)—(Substituted in revision for NRS 392A.090)

NRS 388C.120 Eligibility of pupil for admission; application for admission; curriculum; issuance of diploma; report by governing body.

1. A university school for profoundly gifted pupils shall determine the eligibility of a pupil for admission to the school based upon a comprehensive assessment of the pupil’s potential for academic and intellectual achievement at the school, including, without limitation, intellectual and academic ability, motivation, emotional maturity and readiness for the environment of an accelerated educational program. The assessment must be conducted by a broad-based committee of professionals in the field of education.

2. A person who wishes to apply for admission to a university school for profoundly gifted pupils must:

(a) Submit to the governing body of the school:

(1) A completed application;

(2) Evidence that the applicant possesses advanced intellectual and academic ability, including, without limitation, proof that he or she satisfies the requirements of NRS 388C.030;

(3) At least three letters of recommendation from teachers or mentors familiar with the academic and intellectual ability of the applicant;

(4) A transcript from each school previously attended by the applicant; and

(5) Such other information as may be requested by the university school or governing body of the school.

(b) If requested by the governing body of the school, participate in an on-campus interview.

3. The curriculum developed for pupils in a university school for profoundly gifted pupils must provide exposure to the subject areas required of pupils enrolled in other public schools.

4. The Superintendent of Public Instruction shall, upon recommendation of the governing body, issue a high school diploma to a pupil who is enrolled in a university school for profoundly gifted pupils if that pupil:

(a) Satisfies the requirements of subsection 3 or 4 of NRS 390.600; or

(b) Satisfies the criteria prescribed by the State Board pursuant to subsection 1 of NRS 390.600, successfully passes the courses in American government and American history as required by NRS 389.054 and 389.057 and successfully completes any requirements established by the State Board of Education for graduation from high school.

5. On or before March 1 of each odd-numbered year, the governing body of a university school for profoundly gifted pupils shall prepare and submit to the Superintendent of Public Instruction, the president of the university where the university school for profoundly gifted pupils is located, the State Board and the Director of the Legislative Counsel Bureau a report that contains information regarding the school, including, without limitation, the process used by the school to identify and recruit profoundly gifted pupils from diverse backgrounds and with diverse talents, and data assessing the success of the school in meeting the educational needs of its pupils.

(Added to NRS by 2005, 2426; A 2007, 1211; 2013, 3286; 2017, 236)—(Substituted in revision for NRS 392A.100)

NRS 388C.130 Program of distance education authorized.

1. The governing body of a university school for profoundly gifted pupils may provide a program of distance education for any pupil or prospective pupil who is otherwise eligible to attend the school. If the governing body of a university school provides a program of distance education, the governing body must comply with the provisions of subsection 6 of NRS 388.838.

2. As used in this section, “program of distance education” means a program comprised of one or more courses of study for which instruction is delivered by means of video, computer, television or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the pupil receiving the instruction are separated geographically for a majority of the time during which the instruction is delivered.

(Added to NRS by 2015, 1194; A 2021, 3520)

NRS 388C.140 Rules for academic advancement of pupils; requirement of 4-year academic plan; transfer of credit earned by pupils.

1. The governing body of a university school for profoundly gifted pupils shall adopt rules for the academic advancement of pupils who are enrolled in the university school, including, without limitation, the development of a 4-year academic plan for each pupil. The rules must prescribe the conditions under which the equivalent grade level of a pupil will be identified for the purpose of administering the achievement and proficiency examinations pursuant to NRS 388C.210.

2. On an annual basis, each university school for profoundly gifted pupils shall evaluate the progress of each pupil in satisfying the requirements set forth in the 4-year academic plan for the pupil.

3. If a pupil has successfully completed equivalent courses at a university school for profoundly gifted pupils, the pupil must be allowed to transfer the credit that the pupil received at the university school as applicable toward promotion to the next grade at any public school in this State or toward graduation from a public high school in this State.

(Added to NRS by 2007, 1208)—(Substituted in revision for NRS 392A.103)

1. The governing body of a university school for profoundly gifted pupils shall adopt:

(a) Written rules of behavior for pupils enrolled in the university school, including, without limitation, prohibited acts; and

(b) Appropriate punishments for violations of the rules.

2. A pupil enrolled in a university school for profoundly gifted pupils shall only be suspended or expelled in a manner consistent with the requirements for the suspension or expulsion of a pupil enrolled in a public school within a school district as set forth in NRS 392.4601 to 392.472, inclusive.

3. Except as otherwise provided in NRS 392.467, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the university school for profoundly gifted pupils shall ensure that, at the time of the suspension or expulsion, the pupil is given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. If a pupil is significantly suspended, expelled or permanently expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the significant suspension, expulsion or permanent expulsion in accordance with the provisions of NRS 392.4671. The university school shall ensure that a pupil who is significantly suspended, expelled or permanently expelled and is appealing the significant suspension, expulsion or permanent expulsion or a pupil who is being considered for significant suspension, expulsion or permanent expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by NRS 392.4676. The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such a hearing or proceeding must be closed to the public.

4. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters the university school for profoundly gifted pupils during the year.

(b) Available for public inspection at the university school.

5. The governing body of a university school for profoundly gifted pupils may adopt rules relating to the truancy of pupils who are enrolled in the university school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If the governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

6. As used in this section:

(a) “Expel” or “expulsion” has the meaning ascribed to it in NRS 392.4603.

(b) “Permanently expelled” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled:

(1) Except as otherwise provided in subparagraph (2), without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district; and

(2) With the possibility of enrolling in a program or public school for alternative education for pupils who are expelled or permanently expelled after being permanently expelled.

(d) “Suspend” or “suspension” has the meaning ascribed to it in NRS 392.4607.

(Added to NRS by 2007, 1208; A 2009, 758; 2019, 3569; 2021, 922, 2327; 2023, 762, 783)

NRS 388C.160 Governing body of university school to enter memorandum of understanding with certain organizations to assist victims of power-based violence.

1. The governing body of each university school for profoundly gifted pupils shall enter into a memorandum of understanding with a community-based organization that assists victims of power-based violence. The memorandum of understanding may, without limitation:

(a) Allow for cooperation and training between the university school for profoundly gifted pupils and the community-based organization that assists victims of power-based violence to establish an understanding of the:

(1) Responsibilities that the university school for profoundly gifted pupils and the community-based organization that assists victims of power-based violence have in responding to a report or disclosure of an alleged incident of power-based violence; and

(2) Procedures of the university school for profoundly gifted pupils for providing support and services to pupils and employees.

(b) Require a community-based organization that assists victims of power-based violence to:

(1) Assist with developing policies, programming or training for the university school for profoundly gifted pupils regarding power-based violence;

(2) Provide an alternative for a pupil or employee of the university school for profoundly gifted pupils to receive free counseling, advocacy or crisis services related to an alleged incident of power-based violence, including, without limitation, access to a health care provider who specializes in forensic medical examinations;

(3) Assist with the development and implementation of education and prevention programs for pupils enrolled at the university school for profoundly gifted pupils; and

(4) Assist with the development and implementation of training and prevention curriculum for employees of the university school for profoundly gifted pupils.

(c) Include a fee structure for any services provided by the community-based organization that assists victims of power-based violence.

2. If a teacher or administrator of the university school for profoundly gifted pupils is informed by a pupil that the pupil has been a victim of power-based violence, the teacher or administrator shall refer the pupil to the community-based organization that assists victims of power-based violence.

3. As used in this section:

(a) “Forensic medical examination” has the meaning ascribed to it in NRS 217.300.

(b) “Power-based violence” has the meaning ascribed to it in NRS 396.1285.

(Added to NRS by 2023, 3148)

PERSONNEL

NRS 388C.170 Definitions. As used in NRS 388C.170 to 388C.205, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388C.180 and 388C.190 have the meanings ascribed to them in those sections.

(Added to NRS by 2019, 1515)

NRS 388C.180 “Unsupervised contact” defined.

1. “Unsupervised contact” means direct contact or interaction with one or more pupils who are not under the direct supervision of an employee of a university school for profoundly gifted pupils or other person designated by a university school for profoundly gifted pupils as the person responsible for pupils.

2. For the purposes of this section:

(a) A pupil is under the direct supervision of an employee of a university school for profoundly gifted pupils or other person designated by a university school for profoundly gifted pupils as the person responsible for the pupil if the employee or other person:

(1) If indoors, is present in the same room as the pupil or has visual contact with the pupil.

(2) If outdoors, is within 30 yards of the pupil or has visual contact with the pupil.

(b) A person shall not be deemed to have unsupervised contact with pupils if he or she has the potential for only incidental unsupervised contact with pupils in commonly used areas on the grounds of a university school for profoundly gifted pupils.

(Added to NRS by 2019, 1515)

NRS 388C.190 “Volunteer” defined. “Volunteer” means any person who, without compensation, works at, assists with or oversees any activity or event conducted or sponsored by a university school for profoundly gifted pupils during or outside of school hours. The term:

1. Includes, without limitation, a coach, assistant coach, director of in-school or extracurricular activities and chaperone of an overnight trip.

2. Does not include a student who is enrolled at an institution of higher education and is:

(a) Taking a course which requires the student to be present in the classroom of the university school for profoundly gifted pupils on a limited basis to observe and to be observed in the classroom; and

(b) Under direct supervision of a teacher or his or her professor at all times while in the classroom.

(Added to NRS by 2019, 1515)

1. Except as otherwise provided in NRS 388C.205, each applicant for employment with and employee at a university school for profoundly gifted pupils, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, and each volunteer at a university school for profoundly gifted pupils who is likely to have unsupervised contact with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the governing body of the university school:

(a) A complete set of his or her fingerprints and written permission authorizing the governing body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and

(b) Written authorization for the governing body to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.

2. In conducting an investigation into the background of an applicant, employee or volunteer, the governing body of a university school for profoundly gifted pupils may cooperate with any appropriate law enforcement agency to obtain information relating to the background of the applicant, employee or volunteer, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant, employee or volunteer.

3. If the information obtained by the governing body pursuant to subsection 1 or 2 or subsection 5 of NRS 388C.205 indicates that the applicant, employee or volunteer has not been convicted of a felony or an offense involving moral turpitude, the governing body of the university school for profoundly gifted pupils may employ the applicant or employee or accept the volunteer, as applicable.

4. If the information obtained by the governing body pursuant to subsection 1 or 2 or subsection 5 of NRS 388C.205 indicates that the applicant, employee or volunteer has been convicted of a felony or an offense involving moral turpitude and the governing body of the university school for profoundly gifted pupils does not disqualify the applicant or employee from employment or the volunteer from serving as a volunteer on the basis of that report, the governing body shall, upon the written authorization of the applicant, employee or volunteer forward a copy of the information to the Superintendent of Public Instruction. If the applicant, employee or volunteer refuses to provide his or her written authorization to forward a copy of the report pursuant to this subsection, the university school shall not employ the applicant or employee or accept the volunteer, as applicable.

5. The Superintendent of Public Instruction or the Superintendent’s designee shall promptly review the information to determine whether the conviction of the applicant, employee or volunteer is related or unrelated to the position with the university school for profoundly gifted pupils for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve. The applicant, employee or volunteer shall, upon the request of the Superintendent of Public Instruction or the Superintendent’s designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. If the governing body of the university school desires to employ the applicant or employee or accept the volunteer, the governing body shall, upon the request of the Superintendent of Public Instruction or the Superintendent’s designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. The Superintendent of Public Instruction or the Superintendent’s designee shall provide written notice of the determination to the applicant, employee or volunteer and to the governing body of the university school.

6. If the Superintendent of Public Instruction or the Superintendent’s designee determines that the conviction of the applicant, employee or volunteer is related to the position with the university school for profoundly gifted pupils for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve, the governing body of the university school shall not employ the applicant or employee or accept the volunteer, as applicable. If the Superintendent of Public Instruction or the Superintendent’s designee determines that the conviction of the applicant, employee or volunteer is unrelated to the position with the university school for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve, the governing body of the university school may employ the applicant or employee for that position or accept the volunteer, as applicable.

7. The governing body of a university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.553, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:

(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and

(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.

8. The governing body of a university school for profoundly gifted pupils:

(a) May accept any gifts, grants and donations to carry out the provisions of this section and NRS 388C.205.

(b) May not be held liable for damages resulting from any action of the governing body authorized by subsection 2 or 7 or NRS 388C.205.

(Added to NRS by 2007, 1209; A 2017, 2075, 3150; 2019, 1517; 2023, 2475)

NRS 388C.205 Conditions under which volunteer not required to submit fingerprints.

1. A volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines, that:

(a) Not more than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or her fingerprints, a federal, state or local governmental entity determined the volunteer to be eligible to interact with pupils at school as a volunteer;

(b) It is the policy of the public entity to conduct an investigation into the criminal background of a volunteer who will interact with pupils at school and that investigation meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board; and

(1) A statute of this State expressly requires a volunteer who will interact with pupils at school to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer;

(2) The statute expressly requiring the volunteer to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and

(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).

2. In addition to the exception described in subsection 1, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:

(a) The volunteer is employed by a federal, state or local governmental entity which has determined that the person is eligible to have unrestricted interaction with pupils as part of his or her official duties, which may include an unsupervised meeting with a pupil at a school;

(b) It is the policy of the public entity to conduct an investigation into the criminal background of an employee who will have unrestricted interaction with pupils as part of his or her official duties and that investigation meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board; and

(1) A statute of this State expressly requires an employee who will have unrestricted interaction with pupils as part of his or her official duties to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee;

(2) The statute expressly requiring the employee to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and

(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).

3. In addition to the exceptions described in subsections 1 and 2, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if the volunteer submits to the governing body a completed form prescribed by the Department, a statement from a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:

(a) Not more than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or her fingerprints, a public entity included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer;

(b) It is the policy of the public entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board; and

(1) A statute of this State expressly requires an employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;

(2) The statute expressly requiring the employee, licensee or volunteer, as applicable, to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and

(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).

4. In addition to the exceptions described in subsections 1, 2 and 3, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if:

(a) The volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines, that:

(1) Not more than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or her fingerprints, a public entity that is not included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer;

(2) It is the policy of the public entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation meets the requirements of subparagraph (3) and any other requirements prescribed by regulation of the State Board; and

(3) For the purposes of the investigation conducted pursuant to subparagraph (2):

(I) A statute of this State expressly requires the employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;

(II) The statute expressly requiring the employee, licensee or volunteer, as applicable, to submit his or her fingerprints in accordance with sub-subparagraph (I) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and

(III) The investigation was conducted pursuant to the statute described in sub-subparagraphs (I) and (II);

(b) The governing body determines that the investigation described in paragraph (a) is at least as stringent as an investigation into the criminal background of a volunteer conducted pursuant to NRS 388C.200; and

(c) The governing body accepts the investigation. A governing body may, in its discretion, accept or reject an investigation described in this subsection for any reason.

5. In addition to the exceptions described in subsections 1 to 4, inclusive, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if:

(a) A statute of this State expressly requires the volunteer to submit a complete set of his or her fingerprints to another public entity and written permission authorizing the public entity to forward the fingerprints to the Central Repository for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer;

(b) The statute expressly requiring the volunteer to submit his or her fingerprints in accordance with paragraph (a) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and

(c) The volunteer submitted his or her fingerprints to the public entity in accordance with the statute not more than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or her fingerprints.

(Added to NRS by 2019, 1515; A 2023, 3070)

NRS 388C.210 Certain percentage of licensed teachers required; administration of achievement and proficiency examinations.

1. At least 70 percent of the teachers employed by a university school for profoundly gifted pupils must be licensed teachers.

2. A university school for profoundly gifted pupils shall administer to its pupils the achievement and proficiency examinations required by NRS 390.105.

(Added to NRS by 2005, 2426; A 2013, 3286)—(Substituted in revision for NRS 392A.110)

ACCOUNTABILITY AND FINANCES

NRS 388C.250 Submission of accountability and financial information to Department.

1. The governing body of a university school for profoundly gifted pupils shall submit to the Department in a format prescribed by the Department such information as requested by the Superintendent of Public Instruction for purposes of accountability reporting for the university school.

2. The governing body of a university school for profoundly gifted pupils shall, on or before November 15 of each year, submit to the Department in a format prescribed by the Department the following information:

(a) The actual expenditures of the university school for profoundly gifted pupils in the fiscal year immediately preceding the report; and

(b) The proposed expenditures of the university school for profoundly gifted pupils for the current fiscal year.

(Added to NRS by 2007, 1208; A 2009, 477)—(Substituted in revision for NRS 392A.073)

1. Each pupil who is enrolled in a university school for profoundly gifted pupils, including, without limitation, a pupil who is enrolled in a program of special education in a university school for profoundly gifted pupils, must be included in the count of pupils in the university school for the purposes of apportionments and allowances from the State Education Fund pursuant to NRS 387.121 to 387.12468, inclusive, unless the pupil is exempt from compulsory school enrollment and attendance pursuant to NRS 392.070.

2. A university school for profoundly gifted pupils is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive.

3. All money received by a university school for profoundly gifted pupils from this State or from the board of trustees of a school district must be deposited in an account with a bank, credit union or other financial institution in this State.

4. The governing body of a university school for profoundly gifted pupils may negotiate with the board of trustees of the school district in which the school is located or the State Board for additional money to pay for services that the governing body wishes to offer.

5. To determine the amount of money for distribution to a university school for profoundly gifted pupils in its first year of operation in which state funding is provided, the count of pupils who are enrolled in the university school must initially be determined 30 days before the beginning of the school year of the school district in which the university school is located, based upon the number of pupils whose applications for enrollment have been approved by the university school. The count of pupils who are enrolled in a university school for profoundly gifted pupils must be revised each quarter based upon the average daily enrollment of pupils in the university school reported for the preceding quarter pursuant to subsection 1 of NRS 387.1223.

6. Pursuant to NRS 387.1242, the governing body of a university school for profoundly gifted pupils may request that the apportionments made to the university school in its first year of operation be paid to the university school 30 days before the apportionments are otherwise required to be made.

7. If a university school for profoundly gifted pupils ceases to operate pursuant to this chapter during a school year, the remaining apportionments that would have been made to the university school pursuant to NRS 387.124 and 387.1242 for that school year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the university school reside.

8. If the governing body of a university school for profoundly gifted pupils uses money received from this State to purchase real property, buildings, equipment or facilities, the governing body of the university school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.

(Added to NRS by 2007, 1207; A 2009, 941; 2015, 3728, 3729; 2019, 4231; 2023, 1204)

NRS 388C.270 Orders for payment of money; limitations.

1. The governing body of a university school for profoundly gifted pupils shall designate a person to draw all orders for the payment of money belonging to the university school. The orders must be listed on cumulative voucher sheets.

2. The governing body of a university school for profoundly gifted pupils shall prescribe the procedures by which the orders must be approved and the cumulative voucher sheets signed.

3. An order for the payment of money to a member of the governing body of a university school for profoundly gifted pupils may only be drawn for salary, travel expenses, subsistence allowances or for services rendered by a member.

4. An action may not be maintained against the governing body of a university school for profoundly gifted pupils or against a university school for profoundly gifted pupils to collect upon any bill not presented for payment to the governing body within 6 months after the bill was incurred.

(Added to NRS by 2007, 1208)—(Substituted in revision for NRS 392A.085)