NRS: CHAPTER 388D - ALTERNATIVE SCHOOL CHOICES

[Rev. 6/29/2024 3:54:40 PM--2023]

CHAPTER 388D - ALTERNATIVE SCHOOL CHOICES

HOMESCHOOLED CHILDREN

NRS 388D.010 “Parent” defined.

NRS 388D.020 Notice of intent to homeschool; acknowledgment of notification.

NRS 388D.030 Release of child’s records.

NRS 388D.040 Admittance or entrance to school; participation in examinations.

NRS 388D.050 Educational plan.

NRS 388D.060 Discrimination prohibited.

NRS 388D.070 Form for participation in programs and activities at public school or through Nevada Interscholastic Activities Association.

EDUCATIONAL SERVICES FOR CHILDREN EMPLOYED IN ENTERTAINMENT INDUSTRY

NRS 388D.200 Payment of tutoring or other educational services for child who is employed to work in entertainment industry.

NEVADA EDUCATIONAL CHOICE SCHOLARSHIP PROGRAM

NRS 388D.250 Short title.

NRS 388D.260 “Scholarship organization” defined.

NRS 388D.270 Requirements for scholarship organization; grants provided by scholarship organization on behalf of pupils; records; regulations.

NRS 388D.280 Submission of report to Department of Education required.

NEVADA NATIONAL GUARD YOUTH CHALLENGE PROGRAM

NRS 388D.300 Definitions.

NRS 388D.305 “Challenge school” defined.

NRS 388D.310 “Participant” defined.

NRS 388D.315 “Program” defined.

NRS 388D.320 Creation and contents of Program; application; eligibility criteria; regulations.

NRS 388D.325 Creation and administration of Program Account; acceptance of certain money.

NRS 388D.330 Agreement to establish challenge school; challenge school deemed public school.

NRS 388D.335 Challenge school exempt from provisions of chapter 389 of NRS; exception; waiver of other provisions of title.

NRS 388D.340 Duties of Superintendent of Public Instruction.

NRS 388D.345 Development of curriculum for challenge school; credit for course of study completed at challenge school.

NRS 388D.350 Compliance with federal law required.

NRS 388D.355 Rules of behavior for pupils; procedure for suspension or expulsion; rules for truancy.

NRS 388D.360 Submission of information by school district for purpose of accountability and reporting expenditures of challenge school.

NRS 388D.365 Apportionments to challenge school.

NRS 388D.370 Designation of person to draw orders for payment of money belonging to challenge school; procedure for approval of orders; immunity from certain actions for collection of bill.

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HOMESCHOOLED CHILDREN

NRS 388D.010 “Parent” defined. As used in NRS 388D.010 to 388D.060, inclusive, “parent” means the parent, custodial parent, legal guardian or other person in this State who has control or charge of a child and the legal right to direct the education of the child.

(Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

NRS 388D.020 Notice of intent to homeschool; acknowledgment of notification.

1. If the parent of a child who is subject to compulsory enrollment and attendance wishes to homeschool the child, the parent must file with the superintendent of schools of the school district in which the child resides a written notice of intent to homeschool the child. The Department shall develop a standard form for the notice of intent to homeschool. The form must not require any information or assurances that are not otherwise required by this section or other specific statute. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents who wish to homeschool their child.

2. The notice of intent to homeschool must be filed before beginning to homeschool the child or:

(a) Not later than 10 days after the child has been formally withdrawn from enrollment in public school; or

(b) Not later than 30 days after establishing residency in this State.

3. The purpose of the notice of intent to homeschool is to inform the school district in which the child resides that the child is exempt from the requirement of compulsory enrollment and attendance.

4. If the name or address of the parent or child as indicated on a notice of intent to homeschool changes, the parent must, not later than 30 days after the change, file a new notice of intent to homeschool with the superintendent of schools of the school district in which the child resides.

5. A notice of intent to homeschool must include only the following:

(a) The full name, age and gender of the child;

(b) The name and address of each parent filing the notice of intent to homeschool;

(c) A statement signed and dated by each such parent declaring that the parent has control or charge of the child and the legal right to direct the education of the child, and assumes full responsibility for the education of the child while the child is being homeschooled;

(d) An educational plan for the child that is prepared pursuant to NRS 388D.050;

(e) If applicable, the name of the public school in this State which the child most recently attended; and

(f) An optional statement that the parent may sign which provides:

I expressly prohibit the release of any information contained in this document, including, without limitation, directory information as defined in 20 U.S.C. § 1232g(a)(5)(A), without my prior written consent.

6. Each superintendent of schools of a school district shall accept notice of intent to homeschool that is filed with the superintendent pursuant to this section and meets the requirements of subsection 5, and shall not require or request any additional information or assurances from the parent who filed the notice.

7. The school district shall provide to a parent who files a notice a written acknowledgment which clearly indicates that the parent has provided notification required by law and that the child is being homeschooled. The written acknowledgment shall be deemed proof of compliance with Nevada’s compulsory school enrollment and attendance law. The school district shall retain a copy of the written acknowledgment for not less than 15 years. The written acknowledgment may be retained in electronic format.

(Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103; 2023, 1205)

NRS 388D.030 Release of child’s records. The superintendent of schools of a school district shall process a written request for a copy of the records of the school district, or any information contained therein, relating to a child who is being or has been homeschooled not later than 5 days after receiving the request. The superintendent of schools may only release such records or information:

1. To a person or entity specified by the parent of the child, or by the child if the child is at least 18 years of age, upon suitable proof of identity of the parent or child; or

2. If required by specific statute.

(Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

NRS 388D.040 Admittance or entrance to school; participation in examinations.

1. If a child who is or was homeschooled seeks admittance or entrance to any school in this State, the school may use only commonly used practices in determining the academic ability, placement or eligibility of the child. If the child enrolls in a charter school, the charter school shall, to the extent practicable, notify the board of trustees of the school district in which the child resides of the child’s enrollment in the charter school. Regardless of whether the charter school provides such notification to the board of trustees, the charter school may count the child who is enrolled for the purposes of the apportionment to the charter school pursuant to NRS 387.1241. A homeschooled child seeking admittance to public high school must comply with NRS 392.033.

2. A school or organization shall not discriminate in any manner against a child who is or was homeschooled.

3. Each school district shall allow homeschooled children to participate in all college entrance examinations offered in this State, including, without limitation, the SAT, the ACT, the Preliminary SAT and the National Merit Scholarship Qualifying Test. Each school district shall ensure that the homeschooled children who reside in the school district have adequate notice of the availability of information concerning such examinations on the Internet website of the school district maintained pursuant to NRS 390.015.

(Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103; 2019, 4232)

NRS 388D.050 Educational plan.

1. The parent of a child who is being homeschooled shall prepare an educational plan of instruction for the child in the subject areas of English language arts, mathematics, science and social studies, including history, geography, economics and government, as appropriate for the age and level of skill of the child as determined by the parent.

2. The educational plan must be included in the notice of intent to homeschool filed pursuant to NRS 388D.020. If the educational plan contains the requirements of NRS 388D.020, the educational plan must not be used in any manner as a basis for denial of a notice of intent to homeschool that is otherwise complete. The parent must be prepared to present the educational plan of instruction and proof of the identity of the child to a court of law if required by the court.

3. This section does not require a parent to ensure that each subject area is taught each year that the child is homeschooled.

(Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

NRS 388D.060 Discrimination prohibited. No regulation or policy of the State Board, any school district or any other governmental entity may infringe upon the right of a parent to educate his or her child based on religious preference unless it is:

1. Essential to further a compelling governmental interest; and

2. The least restrictive means of furthering that compelling governmental interest.

(Added to NRS by 2007, 3032; A 2011, 3063; 2013, 3283; 2015, 2103)—(Substituted in revision for part of NRS 392.700)

NRS 388D.070 Form for participation in programs and activities at public school or through Nevada Interscholastic Activities Association.

1. The Department shall develop a standard form for the notice of intent of a homeschooled child to participate in programs and activities. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents of homeschooled children.

2. The notice developed pursuant to subsection 1 must include the information required in the notice of intent to homeschool pursuant to NRS 388D.020, excluding the educational plan for the homeschooled child.

3. If a homeschooled child wishes to participate in classes, activities, programs, sports or interscholastic activities and events at a public school or through a school district, or through the Nevada Interscholastic Activities Association, the parent of the child must file a current notice of intent to participate with the school district in which the child resides.

(Added to NRS by 2007, 3034)—(Substituted in revision for NRS 392.705)

EDUCATIONAL SERVICES FOR CHILDREN EMPLOYED IN ENTERTAINMENT INDUSTRY

NRS 388D.200 Payment of tutoring or other educational services for child who is employed to work in entertainment industry. Except as otherwise provided in this section, if a child is exempt from compulsory enrollment and attendance pursuant to NRS 392.070 and the child is employed to work in the entertainment industry pursuant to a written contract for a period of more than 91 school days, or its equivalent if the child resides in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, including, without limitation, employment with a motion picture company or employment with a production company hired by a casino or resort hotel, the entity that employs the child shall, upon the request of the parent or legal guardian of the child, pay the costs for the child to receive at least 3 hours of tutoring per day for at least 5 days per week. In lieu of tutoring, the parent or legal guardian of such a child may agree with the entity that employs the child that the entity will pay the costs for the child to receive other educational or instructional services which are equivalent to tutoring. The provisions of this section apply during the period of a child’s employment with an entity, regardless of whether the child has obtained the appropriate exemption from compulsory enrollment and attendance at the time his or her contract with the entity is under negotiation.

(Added to NRS by 2001, 1423; A 2003, 3217; 2011, 648; 2023, 1206)

NEVADA EDUCATIONAL CHOICE SCHOLARSHIP PROGRAM

NRS 388D.250 Short title. NRS 363A.139, 363B.119 and 388D.250 to 388D.280, inclusive, may be cited as the Nevada Educational Choice Scholarship Program.

(Added to NRS by 2015, 86)

NRS 388D.260 “Scholarship organization” defined. As used in NRS 388D.250 to 388D.280, inclusive, unless the context otherwise requires, “scholarship organization” means an organization in this State that meets the requirements set forth in NRS 388D.270.

(Added to NRS by 2015, 86)

NRS 388D.270 Requirements for scholarship organization; grants provided by scholarship organization on behalf of pupils; records; regulations.

1. A scholarship organization must:

(a) Be exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3).

(b) Not own or operate any school in this State, including, without limitation, a private school, which receives any grant money pursuant to the Nevada Educational Choice Scholarship Program.

(d) Not expend more than 5 percent of the total amount of money accepted pursuant to paragraph (c) to pay its administrative expenses.

(e) Provide grants on behalf of pupils who are members of a household that has a household income which is not more than 300 percent of the federally designated level signifying poverty to allow those pupils to attend schools in this State chosen by the parents or legal guardians of those pupils, including, without limitation, private schools. The total amount of a grant provided by the scholarship organization on behalf of a pupil pursuant to this paragraph must not exceed $7,755 for Fiscal Year 2015-2016.

(f) Not limit to a single school the schools for which it provides grants.

(g) Except as otherwise provided in paragraph (e), not limit to specific pupils the grants provided pursuant to that paragraph.

2. The maximum amount of a grant provided by the scholarship organization pursuant to paragraph (e) of subsection 1 must be adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On May 1 of each year, the Department of Education shall determine the amount of increase required by this subsection, establish the adjusted amounts to take effect on July 1 of that year and notify each scholarship organization of the adjusted amounts. The Department of Education shall also post the adjusted amounts on its Internet website.

3. A grant provided on behalf of a pupil pursuant to subsection 1 must be paid directly to the school chosen by the parent or legal guardian of the pupil.

4. A scholarship organization shall provide each taxpayer and other person who makes a donation, gift or grant of money to the scholarship organization pursuant to paragraph (c) of subsection 1 with an affidavit, signed under penalty of perjury, which includes, without limitation:

(a) A statement that the scholarship organization satisfies the requirements set forth in subsection 1; and

(b) The total amount of the donation, gift or grant made to the scholarship organization.

5. Each school in which a pupil is enrolled for whom a grant is provided by a scholarship organization shall maintain a record of the academic progress of the pupil. The record must be maintained in such a manner that the information may be aggregated and reported for all such pupils if reporting is required by the regulations of the Department of Education.

6. The Department of Education:

(a) Shall adopt regulations prescribing the contents of and procedures for applications for grants provided pursuant to subsection 1.

(b) May adopt such other regulations as the Department determines necessary to carry out the provisions of this section.

7. As used in this section, “private school” has the meaning ascribed to it in NRS 394.103.

(Added to NRS by 2015, 87; A 2019, 3287; 2021, 1289)

NRS 388D.280 Submission of report to Department of Education required. A scholarship organization which receives a donation, gift or grant of money described in NRS 388D.270 shall report to the Department of Education, on or before January 31 of each year, on a form prescribed by the Department:

1. The name, address and contact information of the scholarship organization;

2. The total number of such donations, gifts and grants received by the scholarship organization during the immediately preceding calendar year;

3. The total dollar amount of such donations, gifts and grants received during the immediately preceding calendar year;

4. The total number of pupils for whom the scholarship organization made grants during the immediately preceding calendar year pursuant to NRS 388D.270;

5. The total dollar amount of such grants made during the immediately preceding calendar year; and

6. For each school for which such a grant was made during the immediately preceding calendar year:

(a) The name and address of the school;

(b) The number of pupils enrolled in the school for whom such a grant was made; and

(Added to NRS by 2015, 88)

NEVADA NATIONAL GUARD YOUTH CHALLENGE PROGRAM

NRS 388D.300 Definitions. As used in NRS 388D.300 to 388D.370, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388D.305, 388D.310 and 388D.315 have the meanings ascribed to them in those sections.

(Added to NRS by 2019, 1980)

NRS 388D.305 “Challenge school” defined. “Challenge school” means a public high school that:

1. Is administered by the Office of the Military;

2. Is established through an agreement between the Office of the Military, the Superintendent of Public Instruction and the board of trustees of a school district; and

3. Provides a full-time alternative program of education in accordance with the Nevada National Guard Youth Challenge Program created by NRS 388D.320.

(Added to NRS by 2019, 1980)

NRS 388D.310 “Participant” defined. “Participant” means a person who has been approved by the Office of the Military to participate in the Program. The term includes:

1. A pupil enrolled in a challenge school; and

2. A person participating in the nonresidential component of the Program.

(Added to NRS by 2019, 1980)

NRS 388D.315 “Program” defined. “Program” means the Nevada National Guard Youth Challenge Program created by NRS 388D.320.

(Added to NRS by 2019, 1980)

NRS 388D.320 Creation and contents of Program; application; eligibility criteria; regulations.

1. The Nevada National Guard Youth Challenge Program is hereby created for the purposes of educating, training and mentoring youth who have dropped out of high school or who are at risk of dropping out of high school so that they may become productive, employed and law-abiding citizens.

2. The Office of the Military shall administer the Program. The Program must include:

(a) The establishment of a challenge school located within a school district in this State.

(b) A residential component lasting at least 22 weeks.

(c) Courses of study provided during the residential component described in paragraph (b) that include, without limitation:

(1) Courses focusing on academic excellence, life coping skills, employment skills, health and hygiene, responsible citizenship, service to the community, leadership and followership skills and physical fitness; and

(2) Courses that allow a participant to receive credit in accordance with the agreement entered into pursuant to NRS 388D.330.

(d) A nonresidential component lasting at least 12 months following the completion of the residential component.

(e) One-on-one mentoring with a participant during the nonresidential component described in paragraph (d).

(f) Monitoring of the participant by a case manager during the nonresidential component described in paragraph (d).

3. A person who wishes to apply to participate in the Program must submit an application on a form prescribed by the Office of the Military. The Office of the Military shall establish guidelines for the submission and review of applications to participate in the Program. Such guidelines must give special consideration to an eligible child of a military family, as defined in NRS 388F.010.

4. The Office of the Military shall establish criteria governing eligibility for a person to participate in the Program. Such criteria must:

(a) Require a person to be a Nevada resident to participate in the Program.

(b) Provide that a child in foster care or going through the process of adoption is eligible to participate in the Program.

5. The Office of the Military shall adopt regulations necessary to establish and administer the Program created pursuant to this section. The regulations must be consistent with 32 U.S.C. § 509 and the regulations adopted pursuant thereto.

(Added to NRS by 2019, 1980)

NRS 388D.325 Creation and administration of Program Account; acceptance of certain money.

1. The Nevada National Guard Youth Challenge Program Account is hereby created in the State General Fund.

2. The Office of the Military shall administer the Account. The money in the Account must be expended only to carry out the provisions of NRS 388D.300 to 388D.370, inclusive.

3. The Office of the Military may apply for and accept any gift, donation, bequest, grant, transfer from the State or a school district or other source of money for deposit in the Account.

4. The interest and income earned on the money in the Account, after deducting applicable charges, must be credited to the Account.

5. The money in the Account must remain in the Account and does not revert to the State General Fund at the end of any fiscal year.

(Added to NRS by 2019, 1981)

NRS 388D.330 Agreement to establish challenge school; challenge school deemed public school.

1. The Office of the Military shall enter into an agreement with the Superintendent of Public Instruction and the board of trustees of a school district to establish a challenge school. The agreement must:

(a) Specify the physical location of the facilities of the challenge school.

(b) Set forth the method in which the Superintendent of Public Instruction will count enrollment and calculate the average daily attendance of pupils enrolled at a challenge school for the purposes of apportionments and allowances from the State Education Fund pursuant to NRS 387.121 to 387.12468, inclusive. The method must count a pupil enrolled in a challenge school as a full-time pupil notwithstanding the schedule for the program of instruction provided by the challenge school.

(c) Set forth the schedule for the program of instruction the challenge school will provide. Such a schedule may include:

(1) A shorter school day or an opportunity for participants to attend a longer day than regularly provided in the school district.

(2) An opportunity for participants to attend courses of instruction during any part of the calendar year.

(d) Prescribe the courses of study provided by the challenge school for which credits may be received pursuant to NRS 388D.345 and the amount of credit allowed for the completion of those courses of study.

(e) Set forth the provisions of this title that the Superintendent of Public Instruction agrees to waive with respect to the challenge school pursuant to NRS 388D.335.

(f) Set forth any other provisions the parties deem necessary to carry out the provisions of NRS 388D.300 to 388D.370, inclusive.

2. Upon the execution of an agreement pursuant to subsection 1, a challenge school shall be deemed a public school pursuant to NRS 385.007 located within the school district that is a party to the agreement and is entitled to receive money from the State.

(Added to NRS by 2019, 1981)

NRS 388D.335 Challenge school exempt from provisions of chapter 389 of NRS; exception; waiver of other provisions of title. 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 chapter 389 of NRS do not apply to a challenge school. The Superintendent of Public Instruction may waive any other provision of this title with respect to a challenge school as the Superintendent may determine necessary.

(Added to NRS by 2019, 1982)

NRS 388D.340 Duties of Superintendent of Public Instruction. The Superintendent of Public Instruction shall:

1. Authorize any pupil who is admitted to a challenge school to enroll in that school in lieu of enrolling in the high school the pupil is otherwise scheduled to attend.

2. Adopt regulations to carry out the provisions of NRS 388D.300 to 388D.370, inclusive, with which each challenge school must comply.

(Added to NRS by 2019, 1982)

NRS 388D.345 Development of curriculum for challenge school; credit for course of study completed at challenge school.

1. The Office of the Military shall develop a curriculum to be used by a challenge school based upon the individual needs of participants in the Program and establish standards of content and performance for the courses of study offered by a challenge school.

2. A pupil enrolled in high school, including, without limitation, a pupil enrolled in grade 9, 10, 11 or 12 in a charter school or a pupil enrolled in a program designed to meet the requirements of an adult standard diploma, who successfully completes a course of study offered by a challenge school must be allowed to apply the credit received for the course completed to the total number of credits required for graduation from the high school or the charter school in which the pupil is enrolled or the credits required for receipt of an adult standard diploma, as applicable.

(Added to NRS by 2019, 1982)

NRS 388D.350 Compliance with federal law required. A challenge school 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.

(Added to NRS by 2019, 1982)

NRS 388D.355 Rules of behavior for pupils; procedure for suspension or expulsion; rules for truancy.

1. The Office of the Military shall adopt:

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

(b) Appropriate punishments for violations of the rules.

2. Except as otherwise provided in subsection 3, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the challenge school shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity to be heard and rebut the evidence.

3. A pupil may be removed from a challenge school immediately upon being given an explanation of the reasons for the removal of the pupil and pending proceedings, which must be conducted as soon as practicable after the removal, for his or her suspension or expulsion, if the pupil:

(a) Poses a continuing danger to persons or property;

(b) Poses an ongoing threat of disrupting the academic process;

(d) Is found to be in possession of a dangerous weapon as provided in NRS 392.466.

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

(a) Distributed to each new pupil who enrolls in a challenge school; and

(b) Available for public inspection at a challenge school.

5. The Office of the Military may adopt rules relating to the truancy of pupils who are enrolled at a challenge 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 Office of the Military adopts rules governing truancy, the Office shall include the rules in the written rules adopted pursuant to subsection 1.

(Added to NRS by 2019, 1982)

NRS 388D.360 Submission of information by school district for purpose of accountability and reporting expenditures of challenge school. Each school district in which a challenge school is located shall submit to the Department in a format prescribed by the Department such information as requested by the Superintendent of Public Instruction for the purpose of accountability and reporting expenditures for the challenge school.

(Added to NRS by 2019, 1983)

NRS 388D.365 Apportionments to challenge school.

1. Each pupil who is enrolled in a challenge school must be included in the count of pupils in the school district in which the challenge school is located for the purposes of apportionments and allowances from the State Education Fund pursuant to NRS 387.121 to 387.12468, inclusive.

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

3. If a challenge school ceases to operate pursuant to NRS 388D.300 to 388D.370, inclusive, the remaining apportionments that would have been made to the challenge school pursuant to NRS 387.124 for that school year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the challenge school reside.

(Added to NRS by 2019, 1983)

NRS 388D.370 Designation of person to draw orders for payment of money belonging to challenge school; procedure for approval of orders; immunity from certain actions for collection of bill. For each challenge school:

1. The Office of the Military shall designate a person to draw all orders for the payment of money belonging to the challenge school. The orders must be listed on cumulative voucher sheets.

2. The Office of the Military shall prescribe the procedures by which the orders must be approved and the cumulative voucher sheets signed.

3. An action may not be maintained against the Office of the Military or against a challenge school to collect upon a bill not presented for payment to the Office of the Military within 6 months after the bill was incurred.

(Added to NRS by 2019, 1983)