NAC: CHAPTER 388H - PROGRAMS OF EDUCATION FOR INCARCERATED PERSONS

[Rev. 12/7/2018 12:52:21 PM]

[NAC-388H Revised Date: 12-18]

CHAPTER 388H - PROGRAMS OF EDUCATION FOR INCARCERATED PERSONS

388H.010 Definitions.

388H.020 “Incarcerated persons” defined.

388H.030 “Program of education” defined.

388H.040 Establishment of Statewide Program; general requirements for and eligibility to participate in program.

388H.050 Transfer of incarcerated person to another facility or institution within State; credit for successful completion of course.

388H.060 Duties of Superintendent of Public Instruction when interagency panel is required to be convened.

NAC 388H.010 Definitions. (NRS 388H.020) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 388H.020 and 388H.030 have the meanings ascribed to them in those sections.

(Added to NAC by Bd. of Education by R044-04, eff. 7-16-2004) — (Substituted in revision for NAC 388.670)

NAC 388H.020 “Incarcerated persons” defined. (NRS 388H.020) “Incarcerated persons” has the meaning ascribed to it in NRS 388H.010.

(Added to NAC by Bd. of Education by R044-04, eff. 7-16-2004) — (Substituted in revision for NAC 388.672)

NAC 388H.030 “Program of education” defined. (NRS 388H.020) “Program of education” means a program of education for incarcerated persons operated by the board of trustees of a school district pursuant to chapter 388H of NRS and this chapter in a facility or institution operated by the Department of Corrections.

(Added to NAC by Bd. of Education by R044-04, eff. 7-16-2004) — (Substituted in revision for NAC 388.674)

NAC 388H.040 Establishment of Statewide Program; general requirements for and eligibility to participate in program. (NRS 385.080, 388H.020)

1. The Statewide Program of Education for Incarcerated Persons is hereby established pursuant to NRS 388H.020.

2. The Statewide Program and each program of education must:

(a) Be operated in accordance with the standards prescribed in NAC 387.190 and subsections 1, 2 and 3 of NAC 387.330 for an adult high school program;

(b) Comply with the applicable standards adopted by the State Board of Education; and

3. An incarcerated person is eligible for participation in a program of education if he or she:

(a) Is:

(1) Eighteen years of age or older; or

(2) Less than 18 years of age and is excluded from the jurisdiction of a juvenile court pursuant to NRS 62B.330 or is certified for criminal proceedings as an adult pursuant to NRS 62B.390 or 62B.400;

(b) Has not graduated from a high school; and

4. A facility or institution operated by the Department of Corrections that offers a program of education shall use the Comprehensive Adult Student Assessment System to evaluate and determine the placement of incarcerated persons in a program of education.

(Added to NAC by Bd. of Education by R044-04, eff. 7-16-2004; A by R134-07, 6-17-2008; R061-14, 12-22-2014) — (Substituted in revision for NAC 388.676)

NAC 388H.050 Transfer of incarcerated person to another facility or institution within State; credit for successful completion of course. (NRS 388H.020)

1. If an incarcerated person who has earned credits in a program of education is transferred to another facility or institution within this State, all credits earned by that incarcerated person must be transferred to another program of education operated within the facility or institution to which the incarcerated person is transferred if the requirements of this section are satisfied.

2. An incarcerated person who is participating in a program of education and who is transferred from a facility or institution to another facility or institution shall:

(a) Notify the educational personnel who operate the program of education at the facility or institution in which the person is currently incarcerated of his or her pending transfer; and

(b) Return all textbooks and other school property to that facility or institution.

3. An incarcerated person who is participating in a program of education and who is transferred from a facility or institution to another facility or institution in this State shall, if he or she desires to participate in a program of education at the facility or institution to which he or she is transferred, notify the educational department at that facility or institution as soon as possible of his or her previous participation in a program of education. An incarcerated person may satisfy the notice required by this subsection by appearing in person or by submitting an inmate request form DOC-2049. Upon receipt of such notice, the educational personnel at the facility or institution to which the incarcerated person was transferred shall request the class records and schedules for the incarcerated person from the facility or institution in which the person was previously incarcerated. To the extent practicable, the incarcerated person must be placed in classes that are comparable to the classes which he or she was previously attending so that the incarcerated person may continue his or her course of study with minimal disruption.

4. If a facility or institution receives a request for records for an incarcerated person pursuant to subsection 3, the educational personnel of the program of education at the facility or institution in which that person was previously incarcerated shall make available to the facility or institution to which the incarcerated person was transferred the appropriate educational records of the incarcerated person, including, without limitation, enrollment in courses, status of completion of competency for each course, grades received and credit awarded. Such information must be made available within a reasonable time to allow continuity of the educational program for the incarcerated person.

5. Upon successful completion of a course by an incarcerated person in a program of education, the facility or institution in which the person is incarcerated shall credit those courses to his or her transcript.

(Added to NAC by Bd. of Education by R044-04, eff. 7-16-2004) — (Substituted in revision for NAC 388.678)

NAC 388H.060 Duties of Superintendent of Public Instruction when interagency panel is required to be convened. (NRS 388H.020, 388H.060) If an interagency panel is required to be convened pursuant to NRS 388H.060 because a person employed by a school district to operate a program of education is excluded from a facility or institution, the Superintendent of Public Instruction shall:

1. Ensure that the interagency panel is convened as required by NRS 388H.060;

2. Provide written notice to each party involved, including:

(a) The time and location of the hearing;

(b) An identification of the reasons for the exclusion of the employee; and

3. Not later than 7 days after the hearing is conducted by the interagency panel, provide written notice by certified mail to each party involved of the decision of the interagency panel.

(Added to NAC by Bd. of Education by R044-04, eff. 7-16-2004) — (Substituted in revision for NAC 388.680)