NRS: CHAPTER 388 - SYSTEM OF PUBLIC INSTRUCTION

[Rev. 6/29/2024 3:53:19 PM--2023]

CHAPTER 388 - SYSTEM OF PUBLIC INSTRUCTION

GENERAL PROVISIONS

NRS 388.020 Kinds of public schools.

NRS 388.030 Division of public schools in school district into departments.

NRS 388.040 Zoning of school district by board of trustees; establishment of zones does not preclude pupil’s attendance at certain other public schools.

NRS 388.045 Racially discriminatory name, logo, mascot, song or other identifier prohibited; exception.

NRS 388.055 Employment of school counselor; program for school counseling.

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

NRS 388.070 Maintenance of schools with equal rights and privileges.

NRS 388.075 Period of silence.

NRS 388.077 Right of pupils to constitutional expression; limitation; adoption of policy for pupil publications; resolution of complaint by pupil of violation of right.

SCHOOL YEAR; MINIMUM NUMBER OF DAYS; HOLIDAYS

NRS 388.080 School year.

NRS 388.090 Minimum number of days of school; application for alternative schedule; application for reduction in minutes or additional minutes.

NRS 388.095 Scheduling school for closure because of natural disaster, inclement weather or accident; regulations.

NRS 388.097 Additional days or minutes of instruction for program of remedial education.

NRS 388.110 Closing public schools for legal holidays.

PROVISION OF SAFE AND RESPECTFUL LEARNING ENVIRONMENT

General Provisions

NRS 388.121 Definitions.

NRS 388.1215 “Administrator” defined.

NRS 388.122 “Bullying” defined.

NRS 388.123 “Cyber-bullying” defined.

NRS 388.1235 “Discrimination based on race” defined.

NRS 388.124 “Electronic communication” defined.

NRS 388.126 “Governing body” defined.

NRS 388.1265 “Protective hairstyle” defined.

NRS 388.1267 “Race” defined.

NRS 388.127 “School” defined.

NRS 388.132 Legislative declaration concerning safe and respectful learning environment.

NRS 388.1321 Legislative declaration concerning duty of governing body, administrators and teachers to create and provide safe and respectful learning environment; authority of parent or guardian of pupil to petition court to compel performance of duty; remedy not exclusive.

NRS 388.1322 Compliance with provisions relating to safe and respectful learning environment by private school authorized.

NRS 388.1323 Office for a Safe and Respectful Learning Environment: Creation; appointment and duties of Director.

NRS 388.1324 Committee on statewide school safety; membership; duties.

NRS 388.1326 Committee on Responses to Power-Based Violence in Schools: Creation; membership; terms; vacancies; duties; per diem.

NRS 388.1327 Regulations.

Policies; Informational Pamphlet; Program of Training

NRS 388.133 Policy by Department concerning safe and respectful learning environment.

NRS 388.1333 Development of statewide framework for restorative justice by Department. [Effective through June 30, 2028.]

NRS 388.1333 Development of statewide framework for restorative justice by Department. [Effective July 1, 2028.]

NRS 388.1335 Inclusion of mental health resources on pupil identification card.

NRS 388.1336 Provision of information regarding statewide information and referral system concerning health, welfare, human and social services.

NRS 388.1337 Development of restorative practices for victims and perpetrators of discrimination based on race.

NRS 388.134 Policy by governing bodies for provision of safe and respectful learning environment and policy for ethical, safe and secure use of computers; provision of training to governing bodies and school personnel; posting of policies on Internet website; annual review and update of policies.

NRS 388.1341 Development of informational pamphlet by Department; annual review and update; posting on Internet website; development of tutorial.

NRS 388.1342 Establishment of programs of training by Department; completion of program by members of State Board of Education and governing bodies; completion of certain programs by school district and school personnel; annual review and update of programs of training.

School Safety Team

NRS 388.1343 Establishment by administrator of each school; duties of administrator.

NRS 388.1344 Membership; chair; duties.

Power-Based Violence

NRS 388.1347 Board of trustees to enter into memorandum of understanding with certain organizations to assist victims of power-based violence.

Prohibition of Bullying and Cyber-Bullying; Reporting and Investigation of Violations

NRS 388.135 Discrimination based on race, bullying and cyber-bullying prohibited.

NRS 388.13505 Reporting and categorization of incident of discrimination based on race.

NRS 388.1351 Staff member required to report violation to administrator; required actions and investigation; notification to parent or guardian; written report of findings and conclusions of investigation; follow-up with victim; list of resources to be provided to parent or guardian; appeal of disciplinary action; reassignment of pupil who is victim; reports.

NRS 388.1352 Establishment of policy by governing body for employees to report violations to law enforcement.

NRS 388.13535 Deferral of required investigation of discrimination based on race, bullying or cyber-bullying; actions by administrator or designee if investigation is deferred; exemption from certain requirements if violation committed by certain pupils.

NRS 388.1354 Disciplinary action against administrator or designee who fails to comply with certain provisions.

NRS 388.136 School officials prohibited from interfering with disclosure of violations.

NRS 388.137 Immunity for reporting of violations; exceptions; recommendation for disciplinary action if person who made report acted with malice, intentional misconduct, gross negligence or violation of law.

Rules of Behavior; Week of Respect

NRS 388.139 Text of certain provisions required to be included in rules of behavior.

NRS 388.1395 Requirements for delivery of information during annual “Week of Respect.”

Handle With Care Program; SafeVoice Program

NRS 388.1451 Definitions.

NRS 388.1452 “Director” defined.

NRS 388.14522 “Handle with Care Program” defined.

NRS 388.14525 “Public safety agency” defined.

NRS 388.1453 “SafeVoice Program” and “Program” defined.

NRS 388.14535 “Support center” defined.

NRS 388.14538 Handle with Care Program: Establishment; notification of exposure of child to traumatic event or certain other events; training; regulations.

NRS 388.1454 Legislative findings and declarations concerning SafeVoice Program.

NRS 388.1455 Establishment of SafeVoice Program; requirements of Program; support center for initial reports; training regarding Program and support center; duties of Director; reports, policies and regulations.

NRS 388.14553 Appointment of team to receive notification of certain activity or events; certain information regarding SafeVoice Program to appear on identification cards of pupils and be posted conspicuously; member of team to take appropriate action upon receipt of notification.

NRS 388.14555 Immunity from liability for team and team members.

NRS 388.14557 Requirements of support center.

NRS 388.1457 SafeVoice Program Account: Creation; use of money in Account; administration; acceptance of gifts, grants, donations and other sources of money; Director to post list of sources of money on Internet and transmit list to Legislature.

NRS 388.1458 Confidentiality of information provided to SafeVoice Program; motion to compel production or disclosure of record or information; records and information made available to appellate court.

NRS 388.1459 Willful disclosure of record or information of SafeVoice Program or willful neglect or refusal to obey court order punishable as criminal contempt.

PROHIBITED INSTRUCTION

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

KINDERGARTEN AND ELEMENTARY SCHOOLS

NRS 388.155 Foster care children enrolled in elementary school; development of academic plan required; annual review and modification of plan; use of plan to manage pupil’s educational development.

NRS 388.157 Plan to improve literacy of pupils enrolled in elementary school: Contents; submission to Department for approval; regulations.

NRS 388.159 Literacy specialist: Designation; additional compensation; provision of professional development in subject area of reading; regulations.

MIDDLE SCHOOLS AND JUNIOR HIGH SCHOOLS

NRS 388.165 Development of academic plan required.

HIGH SCHOOLS

NRS 388.205 Development of academic plan required for ninth grade pupils.

NRS 388.208 Annual review of academic plan; requirements for meeting to review academic plan; revision of academic plan for pupils requiring remediation.

NRS 388.221 Adoption of policy for peer mentoring.

NRS 388.223 Teacher Academy College Pathway Program: Required in large school districts; requirements of Program; authorization to enter certain partnerships; regulations.

NRS 388.224 Distribution of information about financial planning and financial aid; reports.

NRS 388.227 Establishment of individual graduation plans for certain pupils; eligibility for plan; conditions for participation in plan; effect on calculation of graduation rate of pupils.

RESPONSE TO CRISIS, EMERGENCY OR SUICIDE

NRS 388.229 Definitions.

NRS 388.231 “Crisis” defined.

NRS 388.232 “Development committee” defined. [Replaced in revision by NRS 388.2335.]

NRS 388.233 “Emergency” defined.

NRS 388.2335 “Emergency operations plan development committee” defined.

NRS 388.234 “Local organization for emergency management” defined.

NRS 388.2343 “Lockdown” defined.

NRS 388.2345 “Public safety agency” defined.

NRS 388.23457 “Public school” defined.

NRS 388.235 “School committee” defined.

NRS 388.2358 “School resource officer” defined.

NRS 388.2359 “Suicide” defined.

NRS 388.241 Emergency operations plan development committee: Establishment by school districts and charter schools; membership; terms of members.

NRS 388.243 Emergency operations plan development committee: Development of plan to be used by schools in responding to crisis, emergency or suicide; submission of plan to board of trustees or governing body of charter school and Division of Emergency Management of Office of the Military; compliance with plan required.

NRS 388.245 Annual review and update of plan; maintenance, posting and distribution of plan; annual training for school employees in responding to crisis or emergency; acceptance of gifts and grants.

NRS 388.246 Report on compliance with requirements concerning plan; random audits of plan.

NRS 388.247 School committee: Establishment; membership; terms of members.

NRS 388.249 School committee: Annual review of plan prepared by emergency operations plan development committee; determination whether to request deviation from plan; notice of review.

NRS 388.251 Review by emergency operations plan development committee of proposed deviation from plan; notice of approval or denial; submission of copy of approved deviation to board of trustees or governing body.

NRS 388.253 Department: Development of model plan for management of a suicide, crisis, emergency or other hazard; requirements for model plan; authorized dissemination of plans prepared by Department and emergency operations plan development committee; annual review and update of model plan.

NRS 388.255 State Board: Adoption of regulations concerning development of plans; review of proposed deviations and requirements for training.

NRS 388.256 Development and contents of policy for prevention of suicide in certain grades; duty of Department to develop model policy; posting of link to Internet website of Coordinator of Statewide Program for Suicide Prevention.

NRS 388.2565 Training for school resource officers in prevention of suicide.

NRS 388.257 Duties of principal if crisis, emergency or suicide occurs at school; determination by local agency whether crisis or emergency requires assistance from state agency; duties of Division of Emergency Management of Office of the Military; notification of other schools.

NRS 388.259 Confidentiality of plans, approved deviations and certain other information.

NRS 388.261 Inapplicability of Open Meeting Law to emergency operations plan development committee, school committee and certain meetings of State Board, Department of Education and Division of Emergency Management of Office of the Military related to crisis and emergency response.

NRS 388.262 Designation of emergency manager.

NRS 388.264 Consultation with certain person regarding safety in schools before taking certain actions relating to buildings for schools or related facilities or acquiring sites for such buildings or facilities.

NRS 388.265 Annual conference regarding safety in public schools; persons required or authorized to attend conference; State Public Charter School Authority required to annually discuss safety in charter schools at designated meeting, workshop or conference.

NRS 388.266 Block grants to employ or contract with social workers and other mental health workers.

PRIVACY OF DATA CONCERNING PUPILS

Duties of Department, Board of Trustees and Governing Body

NRS 388.267 Department to establish, review and update policies and procedures to ensure privacy of data concerning pupils.

NRS 388.268 Department to establish, publish and make available on its Internet website index of data elements for automated system of accountability information for Nevada; biennial update.

NRS 388.272 Required provisions for contracts that provide for disclosure of data that includes personally identifiable information of pupil.

NRS 388.273 Department to adopt data security plan; compliance with plan; school district, sponsor of charter school and university school for profoundly gifted pupils to submit annual report concerning changes to manner in which each collects, maintains or transfers data concerning pupils.

School Service Providers

NRS 388.281 Definitions.

NRS 388.282 “Personally identifiable information” defined.

NRS 388.283 “School service” defined.

NRS 388.284 “School service provider” defined.

NRS 388.285 “Targeted advertising” defined.

NRS 388.291 School service provider to provide written disclosure to certain persons and entities; notice of changes to plan for security of data concerning pupils; review and correction of personally identifiable information.

NRS 388.292 Collection and uses of personally identifiable information by school service provider; limitations; requirements for transfer or disclosure of personally identifiable information; redaction of personally identifiable information upon request; penalty for violation of provisions.

NRS 388.293 Plan for security of data concerning pupils; successor entities of school service providers; notice of security breach.

NRS 388.294 Professional development regarding use of school service providers and security of data concerning pupils.

NRS 388.295 School service provider authorized to use and disclose certain aggregated information to develop, improve or demonstrate effectiveness of products or services.

NRS 388.2955 Duty of public school to provide information concerning school service providers and data security.

NRS 388.296 Waiver or modification of any right, obligation or liability of provisions prohibited.

CAREER AND TECHNICAL EDUCATION

Administration of Career and Technical Education; Gift Fund for Career and Technical Education

NRS 388.340 Superintendent of Public Instruction to employ personnel for positions approved by State Board to carry out career and technical education.

NRS 388.342 Superintendent of Public Instruction to appoint person to oversee programs.

NRS 388.360 Powers of State Board.

NRS 388.365 Designation of Fund; use of money.

Programs of Career and Technical Education

NRS 388.380 Establishment and maintenance of programs by school districts; endorsement on diploma indicating successful completion of program.

NRS 388.385 Appointment of advisory technical skills committee by school districts; duties of committee; service without compensation.

Money; Grants to School Districts, Charter Schools and Pupil Organizations

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

NRS 388.392 Distribution of state money; limitation on use for leadership and training activities or workforce development activities; recommendations by representatives of regional industry or sector partnerships for awarding grants to school districts and charter schools.

NRS 388.393 Grants: Application by school district or charter school; review and recommendations of regional industry or sector partnerships and local workforce development boards; criteria for awards established by regulation.

NRS 388.394 Grants: Application by pupil organization for career and technical education; awards made on fair and equitable basis.

NRS 388.395 Grants: Application by school district or charter school for remainder of available state money; criteria for awards established by regulation; limitation on awards.

NRS 388.396 Grants: Designation of program professional to evaluate and report on effectiveness of program.

NRS 388.397 Remainder of certain state money does not revert and is carried forward to following fiscal year.

NRS 388.400 Administration; State Treasurer as custodian.

PUPILS WHO ARE ENGLISH LEARNERS

NRS 388.405 Legislative declaration; duty of State Board to adopt regulations and submit certain evaluations required by federal law.

NRS 388.4055 Regulations.

NRS 388.406 Rights of English learners.

NRS 388.407 Board of trustees required to develop policy for instruction to teach English and plan to ensure policy achieves objectives; monitoring of implementation by Department; purchase of assessment to measure literacy.

NRS 388.4073 Board of trustees required to collect certain data; reports.

NRS 388.4077 Board of trustees required to post certain budgetary information on Internet website.

NRS 388.408 Certain schools required to adopt corrective action plan; enrollment in other schools of pupils who attend school that adopts plan; reporting of information concerning plans.

NRS 388.409 English Mastery Council: Creation; membership; terms; vacancy; Chair; meetings; compensation; acceptance of gifts and grants; administrative support. [Expired by limitation.]

NRS 388.413 English Mastery Council: Preparation and submission of annual report. [Expired by limitation.]

PUPILS WITH DISABILITIES

General Provisions

NRS 388.417 Definitions.

NRS 388.419 Use of form for development, review and revision of individualized education program; minimum standards for special education and early intervening services; limitation on apportionment of state money for instruction.

NRS 388.422 Provision of information to parents or guardians of pupils with certain plans concerning services for children with disabilities.

Educational Services

NRS 388.429 Provision of education to pupils; authorization for certain school districts to provide early intervening services; uniform criteria for eligibility for instruction.

NRS 388.431 Pupils not required to take advantage of special provisions for education.

NRS 388.433 Placement of child in special program; effect of military transfer of parent of child.

NRS 388.435 Ages for admission to special programs; enrollment counted for apportionment.

NRS 388.4352 Request to determine whether provider of special education is in compliance with state and federal laws regarding pupils with disabilities; inspection of provider of special education; actions upon determination of noncompliance.

NRS 388.4354 Measures to be taken to ensure compliance with laws regarding pupils with disabilities if provider of special education fails to comply with plan of corrective action or order of hearing officer; authorized actions to ensure compliance.

NRS 388.4356 Regulations to prescribe standards for program of training for school employees who assist with special education services and for providing certain notice to parents of pupils with disabilities; adoption of program for reporting information concerning special education programs in schools; requirements of report.

NRS 388.437 Pupils with hearing or visual impairment: Requirements for consideration in development of individualized education program for pupils with hearing impairment; use of criteria to evaluate language and literacy skills of certain pupils with hearing or visual impairment; additional considerations for best feasible instruction.

NRS 388.439 Pupils with dyslexia: Early literacy screening assessment.

NRS 388.441 Pupils with dyslexia: Administration of early literacy screening assessment; addressing needs through response to scientific, research-based intervention system of instruction; additional testing and evaluation.

NRS 388.443 Pupils with dyslexia: Individualized education program team to consider certain instructional approaches when developing individualized education program.

NRS 388.445 Pupils with dyslexia: Designation of teacher and school employee to receive training and professional development concerning dyslexia.

NRS 388.447 Pupils with dyslexia: Department to prepare and publish Dyslexia Resource Guide for school districts and public schools.

NRS 388.449 Pupils with autism spectrum disorder: Initial evaluation by school district or charter school; reevaluation and review of individualized education program; assistance and training for persons who conduct evaluation.

NRS 388.451 Pupils with autism spectrum disorder: Department required to submit annual report to Aging and Disability Services Division.

NRS 388.453 Special ungraded schools and programs; powers of trustees.

Rights of Pupils With Disabilities

NRS 388.455 Transition Bill of Rights for Pupils with Disabilities.

NRS 388.457 When pupil attains 18 years of age: Rights transfer to pupil; notice to parent and pupil; exception for pupil adjudicated incapacitated.

NRS 388.459 When pupil attains 18 years of age: Application by parent to represent educational interests of pupil; duration of representation; appeal; regulations.

Hearings Conducted Pursuant to the Individuals With Disabilities Education Act

NRS 388.463 Selection and compensation of hearing officers; appeal of decision of hearing officer.

NRS 388.465 Regulations concerning procedures for requesting recusal of hearing officer and qualifications of hearing officers; Department to post information relating to due process hearings on Internet website.

NRS 388.467 Burden of proof and burden of production on school district during certain due process hearings.

NRS 388.4685 Filing and investigation of complaint concerning failure to comply with decision or settlement agreement; duty of Department to ensure compliance.

NRS 388.469 Authority of Department to issue subpoenas; enforcement of subpoena by court.

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

NRS 388.471 Definitions.

NRS 388.473 “Aversive intervention” defined.

NRS 388.476 “Chemical restraint” defined.

NRS 388.478 “Corporal punishment” defined.

NRS 388.485 “Electric shock” defined.

NRS 388.487 “Emergency” defined.

NRS 388.491 “Mechanical restraint” defined.

NRS 388.494 “Physical restraint” defined.

NRS 388.495 “Verbal and mental abuse” defined.

NRS 388.497 Aversive intervention prohibited.

NRS 388.499 Physical restraint and mechanical restraint prohibited; exceptions.

NRS 388.501 Conditions under which physical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year.

NRS 388.503 Conditions under which mechanical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year.

NRS 388.505 Mandatory education and training for staff.

NRS 388.506 Disciplinary action against person for intentional violation.

NRS 388.508 Report of violation; corrective plan required; appointment of administrator to oversee school under certain circumstances.

NRS 388.511 Retaliation for reporting violation prohibited.

NRS 388.513 Reporting of denial of rights; investigation and resolution of disputes by Department.

NRS 388.515 Annual report by school districts on use of restraint and violations; compilation of reports by Department; submission of compilation to Legislature.

Development of Language and Literacy Skills by Pupils With Hearing or Visual Impairment

NRS 388.5155 Definitions.

NRS 388.516 “Individualized education program” defined.

NRS 388.5165 “Individualized education program team” defined.

NRS 388.517 “Individualized family service plan” defined.

NRS 388.5175 Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired: Establishment; members; chair; quorum; compensation.

NRS 388.518 Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired: Duties.

NRS 388.5185 Development and dissemination of written resource for use by parents or guardians to evaluate development of language and literacy skills.

NRS 388.519 Adoption of regulations prescribing criteria for use by school employees and providers of services to evaluate development of language and literacy skills; distribution of summary of criteria; training concerning use of criteria.

NRS 388.5195 Report concerning development of language and literacy skills.

Program for Persons With Disabilities With Unique Needs

NRS 388.5223 Eligibility for benefits.

NRS 388.5239 Priority of placement in homes or facilities located in this State.

NRS 388.5241 Monitoring of children placed in foster homes and residential facilities outside State.

NRS 388.5243 Account for State Special Education Services: Creation; use of money in Account; regulations.

GIFTED AND TALENTED PUPILS

NRS 388.5251 Definitions.

NRS 388.5253 Provision of education to gifted and talented pupils.

NRS 388.5257 Pupils not required to take advantage of special provisions for education.

NRS 388.5259 Placement of child in special program.

NRS 388.5261 Age for admission to special programs; enrollment counted for apportionment.

NRS 388.5263 Special ungraded schools and programs; powers of trustees.

NRS 388.5267 Minimum standards for special education of gifted and talented pupils; limitation on apportionment of state money for instruction.

PROGRAMS TO PREVENT CRIMINAL ACTIVITY; OPERATION OF ALTERNATIVE PROGRAMS

NRS 388.532 Development of programs.

NRS 388.537 Alternative programs for pupils at risk of dropping out of school.

INSTRUCTION OF CHILDREN DETAINED IN FACILITIES FOR THE DETENTION OF CHILDREN, ALTERNATIVE PROGRAMS, JUVENILE FORESTRY CAMPS AND JUVENILE TRAINING SCHOOLS

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

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

NRS 388.570 Computation of enrollment and average daily attendance; reports to Superintendent of Public Instruction.

STATE SEAL OF BILITERACY PROGRAM

NRS 388.591 Establishment of Program; creation and delivery of State Seal of Biliteracy; participation in Program; regulations.

NRS 388.593 Criteria for award of State Seal of Biliteracy.

STATE SEAL OF CIVICS

NRS 388.5933 Establishment of Program; creation and delivery of State Seal of Civics; participation in Program; regulations.

NRS 388.5935 Criteria for award of State Seal of Civics.

NRS 388.5937 Designation of Nevada Schools of Civic Excellence, Student Civic Leaders and Educator Civic Leaders; regulations.

STATE SEAL OF STEM

NRS 388.594 Establishment of Program; creation and delivery of State Seal of STEM; participation in Program; regulations.

NRS 388.5945 Criteria for award of State Seal of STEM.

FINANCIAL LITERACY

NRS 388.596 Establishment of State Seal of Financial Literacy Program; creation and delivery of State Seal; participation in Program; professional development; regulations.

NRS 388.5962 Criteria for award of State Seal of Financial Literacy.

NRS 388.5964 Establishment of Financial Literacy Month; regulations.

NRS 388.5966 State Financial Literacy Advisory Council: Creation; membership; vacancies; officers; terms; quorum; subcommittees; compensation; costs of employing substitute teacher while member who is teacher attends meeting; administrative support. [Effective through June 30, 2028.]

NRS 388.5968 State Financial Literacy Advisory Council: Duties.

STATE SEAL OF STEAM

NRS 388.597 Establishment of Program; creation and delivery of State Seal of STEAM; participation in Program; regulations.

NRS 388.5975 Criteria for award of State Seal of STEAM.

EDUCATION AND COUNSELING OF DISPLACED HOMEMAKERS

NRS 388.605 Definitions.

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

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

NRS 388.635 Provision of services by center for displaced homemakers.

NRS 388.645 Selection of organization to administer center; coordination with state and federal programs.

NRS 388.655 Executive director for center; quarterly reports to Board.

REDUCTION OF PUPIL-TEACHER RATIO IN CERTAIN CLASSES

NRS 388.700 Reduction of ratio in certain grades; request for variance required for each school quarter under certain circumstances; quarterly report on variances submitted to Interim Finance Committee; additional reports by State Board and Department; exception to requirements for charter schools and distance education.

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

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

NRS 388.723 Duties of Department: Development of policies and procedures relating to reduction of pupil-teacher ratio; guidance to school districts regarding development of plan, requirements for reporting information and data to be monitored; communication with board of trustees of school district regarding certain expectations.

NRS 388.725 Quarterly reports of average daily enrollment and pupil-teacher ratios in elementary schools required of school districts; posting of report on Internet website.

EDUCATIONAL FOUNDATIONS

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

EDUCATIONAL TECHNOLOGY

NRS 388.780 Definitions.

NRS 388.785 “Commission” defined. [Repealed.]

NRS 388.787 “Committee” defined.

NRS 388.788 “Program” defined.

NRS 388.789 Superintendent of Public Instruction required to ensure Department carries out duties successfully.

NRS 388.790 Commission on Educational Technology: Creation; membership; terms; removal and vacancy; quarterly meetings required; compensation. [Repealed.]

NRS 388.795 Department to establish plan for use of educational technology; requirements of plan; duties of Department; assessment of needs of school districts relating to educational technology; advisory committee authorized.

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

NRS 388.805 Trust Fund for Educational Technology: Program for school districts and charter schools to apply for money from Fund.

NRS 388.810 Creation of Program; administration by Department; application for grant; regulations; establishment of standards and methods for measuring progress for pupils enrolled in public school that receives grant.

NRS 388.815 Annual report by grant recipient; Department to enter into agreement with person or entity to carry out Program; provision of services through agreement with grant recipient authorized.

DISTANCE EDUCATION

General Provisions

NRS 388.820 Definitions.

NRS 388.823 “Course of distance education” defined.

NRS 388.826 “Distance education” defined.

NRS 388.829 “Program of distance education” defined.

Approved Courses; Procedure for Application

NRS 388.834 Publication of list of approved distance education courses.

NRS 388.838 Submission of application to Department; conditions for approval; opportunity to correct deficiencies; requirement to develop plan.

Operation of Programs; Regulations

NRS 388.842 Alternate scheduling permitted; minimum time required for full-time program; demonstration of proficiency.

NRS 388.846 Compliance with statutes and regulations; notice by charter school to board of trustees concerning type of educational services provided.

NRS 388.850 Eligibility for enrollment.

NRS 388.854 Permission of board of trustees not required for part-time enrollment; written agreement between board of trustees and provider of distance education program; Superintendent of Public Instruction to determine amount of apportionment to be allocated by school district where pupil resides if pupil is enrolled part-time and amount not specified in agreement.

NRS 388.858 Pupil enrolled in charter school: Full-time enrollment in program only when provided by charter school; permission of charter school not required for part-time enrollment; written agreement between charter school and provider of distance education program required when pupil is enrolled in program part-time; Superintendent of Public Instruction to determine amount of apportionment to be allocated by charter school to school providing distance education program if pupil is enrolled part-time and amount not specified in agreement.

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

NRS 388.866 Requirements of program; supervision by teacher; qualifications of certain teachers.

NRS 388.874 Regulations of State Board.

MISCELLANEOUS PROVISIONS

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

NRS 388.885 Establishment of statewide framework for integrated student supports; requirements for framework; board of trustees and governing body of charter school required to take certain actions; requirements for requests for proposals for integrated student supports.

NRS 388.887 Development of curriculum regarding the Holocaust and other genocides; reports.

NRS 388.890 State Board to establish recommendations for ratio of pupils per teacher and specialized instructional support personnel; posting on Internet website of approved ratio of pupils per teacher in each class; adoption of strategic plan to meet ratio of pupils to specialized instructional support personnel.

NRS 388.892 Boards of trustees of certain school districts to establish plan to improve ratio of pupils to specialized instructional support personnel; reports.

NRS 388.900 Regulations concerning identification and consideration of certain social and environmental factors.

NRS 388.905 Provision of information concerning importance of annual physical examination.

NRS 388.910 Appointment and duties of school safety specialist.

NRS 388.915 Pupils entitled to wear certain adornments at graduation ceremony; exceptions; appeal of prohibition on adornment.

_________

GENERAL PROVISIONS

NRS 388.020 Kinds of public schools.

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

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

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

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

5. A charter school is a public school that is formed pursuant to the provisions of chapter 388A of NRS.

6. A university school for profoundly gifted pupils is a public school established pursuant to chapter 388C of NRS.

[237:32:1956]—(NRS A 1977, 222; 1997, 1864; 1999, 3311; 2005, 2428; 2015, 1194, 3809; 2019, 2006, 2062)

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

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

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

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

NRS 388.040 Zoning of school district by board of trustees; establishment of zones does not preclude pupil’s attendance at certain other public schools.

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

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

(a) Charter school;

(b) University school for profoundly gifted pupils;

(c) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil is a child in foster care who is remaining in his or her school of origin pursuant to NRS 388E.105;

(d) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, or the parent or legal guardian with whom the pupil resides has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive; or

(e) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil is an English learner enrolling in the school pursuant to subsection 5 of NRS 388.408.

[239:32:1956]—(NRS A 1997, 1865; 2005, 98, 2429; 2007, 802; 2017, 3109; 2019, 4356)

NRS 388.045 Racially discriminatory name, logo, mascot, song or other identifier prohibited; exception.

1. Except as otherwise provided in subsection 2, the board of trustees of each school district, governing body of each charter school and governing body of each university school for profoundly gifted pupils shall change, and adopt a policy prohibiting the use of, any name, logo, mascot, song or other identifier that is racially discriminatory or contains racially discriminatory language or imagery, including, without limitation, a name, logo, mascot, song or other identifier associated with the Confederate States of America or a federally recognized Indian tribe.

2. The board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils may use a name, logo, mascot, song or other identifier associated with a federally recognized Indian tribe if the board of trustees or governing body obtains approval from the Indian tribe to use the name, logo, mascot, song or other identifier.

(Added to NRS by 2021, 2073)

NRS 388.055 Employment of school counselor; program for school counseling. Each public school, including, without limitation, each charter school, shall, to the extent that money is available for that purpose:

1. Employ a school counselor at the school on a full-time basis.

2. Provide for a comprehensive program for school counseling developed by a school counselor pursuant to NRS 391.293.

(Added to NRS by 2019, 3079)

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

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

(a) Transportation for each child to enable the child to attend kindergarten at another school; or

(b) Upon agreement with a child’s parent or guardian, an authorized program of instruction for kindergarten to be offered in the child’s home, which includes, without limitation, assigning licensed educational personnel to assist and consult with the parent or guardian as necessary.

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

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

NRS 388.070 Maintenance of schools with equal rights and privileges. When feasible, boards of trustees must maintain all the schools established by them for an equal length of time during the year and, as far as practicable, with equal rights and privileges.

[242:32:1956]

NRS 388.075 Period of silence. Every school district shall set aside a period at the beginning of each school day, during which all persons must be silent, for voluntary individual meditation, prayer or reflection by pupils.

(Added to NRS by 1977, 634)

NRS 388.077 Right of pupils to constitutional expression; limitation; adoption of policy for pupil publications; resolution of complaint by pupil of violation of right.

1. Each pupil of a public school, including, without limitation, each pupil of a university school for profoundly gifted pupils, is entitled to express himself or herself in a manner consistent with the rights guaranteed by the First and Fourteenth Amendments to the United States Constitution.

2. Any expression described in subsection 1 must not be disruptive of instruction at a public school, including, without limitation, a university school for profoundly gifted pupils, must not be used to engage in discrimination based on race, bullying or cyber-bullying or intimidate any person and must not be organized, broadcast or endorsed by a public school, including, without limitation, a university school for profoundly gifted pupils.

3. The board of trustees of each school district, the governing body of each charter school and the governing body of each university school for profoundly gifted pupils shall adopt a written policy for pupil publications which:

(a) Establishes reasonable provisions governing the time, place and manner for the distribution of pupil publications;

(b) Protects the right of expression described in subsection 1 for pupils working on pupil publications as journalists in their determination of the news, opinions, feature content, advertising content and other content of the pupil publications;

(1) Restricting the publication of any content in pupil publications unless the content would substantially disrupt the ability of the public school to perform its educational mission;

(2) Dismissing, suspending, disciplining or retaliating against an employee or other person acting as an adviser for a pupil publication or as an adviser for pupils working as journalists on a pupil publication for acting within the scope of that position, including, without limitation, taking responsible and appropriate action to protect a pupil engaged in conduct protected pursuant to the written policy or refusing to perform an action which violates the written policy; and

(3) Expelling, suspending or otherwise disciplining a pupil for engaging in conduct in accordance with the policy, unless such conduct substantially disrupts the ability of the public school to perform its educational mission and the disruption was intentional; and

(d) Includes a disclaimer indicating that any content published in a pupil publication is not endorsed by the public school.

4. The board of trustees of each school district, the governing body of each charter school and the governing body of each university school for profoundly gifted pupils shall adopt a policy prescribing procedures for the resolution of a complaint by a pupil of the school district, charter school or university school for profoundly gifted pupils that the rights of the pupil described in subsection 1 or 3 have been violated. The policy required by this subsection may be part of a comprehensive discrimination grievance policy of the school district, charter school or university school for profoundly gifted pupils or may be a separate policy.

5. As used in this section:

(a) “Bullying” has the meaning ascribed to it in NRS 388.122.

(b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

(Added to NRS by 2015, 969; A 2017, 1793; 2021, 3358)

SCHOOL YEAR; MINIMUM NUMBER OF DAYS; HOLIDAYS

NRS 388.080 School year.

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

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

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

NRS 388.090 Minimum number of days of school; application for alternative schedule; application for reduction in minutes or additional minutes.

1. Except as otherwise provided in this section and NRS 388D.330, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.

2. Except for an alternative schedule described in subsection 3, the Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize the school district to provide a program of instruction based on an alternative schedule if the number of minutes of instruction to be provided is equal to or greater than the number of minutes of instruction that would be provided in a program of instruction consisting of 180 school days. The Superintendent of Public Instruction shall notify the board of trustees of the school district of the approval or denial of the application not later than 30 days after the Superintendent of Public Instruction receives the application. An alternative schedule proposed pursuant to this subsection must be developed in accordance with chapter 288 of NRS.

3. The Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize a reduction of not more than 15 school days in that particular district to establish or maintain an alternative schedule consisting of a 12-month school program if the board of trustees demonstrates that the proposed alternative schedule for the program provides for a number of minutes of instruction that is equal to or greater than that which would be provided under a program consisting of 180 school days.

4. The Superintendent of Public Instruction may, upon application by a board of trustees, authorize the addition of minutes of instruction to any scheduled day of free school if days of free school are lost because of any interscholastic activity. Not more than 5 days of free school so lost may be rescheduled in this manner. The provisions of this subsection do not apply to an alternative schedule approved pursuant to subsection 2.

5. The number of minutes of instruction required for a particular group of pupils in a program of instruction based on an alternative schedule approved pursuant to this section and NRS 388.095 and 388.097 must be determined by multiplying the appropriate minimum daily period of instruction established by the State Board by regulation for that particular group of pupils by 180.

[244:32:1956]—(NRS A 1973, 261; 1987, 1024; 1991, 1366; 1995, 2521; 2001, 3156; 2003, 3215; 2005, 257, 518; 2007, 28; 2019, 1979; 2021, 3516)

NRS 388.095 Scheduling school for closure because of natural disaster, inclement weather or accident; regulations.

1. Each school district shall schedule at least 3 contingent days of school, or its equivalent if the school district operates under an alternative schedule authorized pursuant to NRS 388.090, in addition to the number of days required by NRS 388.090, which must be used if a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within the district. The 3 contingent days of school, or its equivalent, may be scheduled as:

(a) Full days of school;

(b) An equivalent number of minutes of instruction added to any scheduled day of instruction, except that the minutes added must not be less than 30 minutes per school day; or

2. If more than 3 days of free school or minutes of instruction equaling 3 days of free school, or the equivalent if the school district operates under an alternative schedule authorized pursuant to NRS 388.090, are lost because a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within a school district, the Superintendent of Public Instruction, upon application by the school district, may permit the additional days or equivalent minutes of instruction lost to be counted as school days in session. The application must be submitted in the manner prescribed by the Superintendent of Public Instruction.

3. The State Board shall adopt regulations providing procedures for changing schedules of instruction to be used if a natural disaster, inclement weather or an accident necessitates the closing of a particular school within a school district.

[244:32:1956]—(NRS A 1973, 261; 1987, 1024; 1991, 1366; 1995, 2521; 2001, 3156; 2003, 3215; 2005, 257, 518; 2007, 28)

NRS 388.097 Additional days or minutes of instruction for program of remedial education.

1. The Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize additional days or minutes of instruction for a program of remedial education that is fully paid for through the school district, including, without limitation, the provision of transportation.

2. If the Superintendent of Public Instruction authorizes additional days or minutes pursuant to subsection 1, the board of trustees may adopt a policy prescribing the minimum number of days of attendance or the minimum number of minutes of attendance for a pupil who is determined to need such remedial education.

3. If the board of trustees adopts a policy pursuant to subsection 2, the policy must include, without limitation:

(a) The criteria for determining that a pupil be enrolled in the program of remedial education; and

(b) The procedure pursuant to which parents and guardians will be notified of the pupil’s progress throughout the school year and a process for appealing a determination regarding a pupil’s need for remedial education.

[244:32:1956]—(NRS A 1973, 261; 1987, 1024; 1991, 1366; 1995, 2521; 2001, 3156; 2003, 3215; 2005, 257, 518; 2007, 28)

NRS 388.110 Closing public schools for legal holidays. No school may be kept open on any day declared to be a legal holiday pursuant to NRS 236.015.

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

PROVISION OF SAFE AND RESPECTFUL LEARNING ENVIRONMENT

General Provisions

NRS 388.121 Definitions. As used in NRS 388.121 to 388.1395, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.1215 to 388.127, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2001, 1928; A 2005, 705; 2009, 687; 2011, 2244; 2013, 1654, 2137; 2015, 411; 2017, 4153; 2019, 3234; 2021, 1715, 3359, 3559; 2023, 3147)

NRS 388.1215 “Administrator” defined. “Administrator” means the principal, administrator or other person in charge of a school.

(Added to NRS by 2017, 4152)

NRS 388.122 “Bullying” defined.

1. “Bullying” means written, verbal or electronic expressions or physical acts or gestures, or any combination thereof, that are directed at a person or group of persons, or a single severe and willful act or expression that is directed at a person or group of persons, and:

(a) Have the effect of:

(1) Physically harming a person or damaging the property of a person; or

(2) Placing a person in reasonable fear of physical harm to the person or damage to the property of the person;

(b) Interfere with the rights of a person by:

(1) Creating an intimidating or hostile educational environment for the person; or

(2) Substantially interfering with the academic performance of a pupil or the ability of the person to participate in or benefit from services, activities or privileges provided by a school; or

(1) Actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person; or

(2) Association of a person with another person having one or more of those actual or perceived characteristics.

2. The term includes, without limitation:

(a) Repeated or pervasive taunting, name-calling, belittling, mocking or use of put-downs or demeaning humor regarding the actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person;

(b) Behavior that is intended to harm another person by damaging or manipulating his or her relationships with others by conduct that includes, without limitation, spreading false rumors;

(c) Repeated or pervasive nonverbal threats or intimidation such as the use of aggressive, menacing or disrespectful gestures;

(d) Threats of harm to a person, to his or her possessions or to other persons, whether such threats are transmitted verbally, electronically or in writing;

(e) Blackmail, extortion or demands for protection money or involuntary loans or donations;

(f) Blocking access to any property or facility of a school;

(g) Stalking; and

(h) Physically harmful contact with or injury to another person or his or her property.

3. The term does not include expressions, acts or gestures which are engaged in as part of a mutual disagreement or conflict.

(Added to NRS by 2009, 687; A 2011, 2245; 2013, 1655, 2138; 2015, 411; 2023, 1078)

NRS 388.123 “Cyber-bullying” defined. “Cyber-bullying” means bullying through the use of electronic communication. The term includes the use of electronic communication to transmit or distribute a sexual image of a minor. As used in this section, “sexual image” has the meaning ascribed to it in NRS 200.737.

(Added to NRS by 2009, 687; A 2011, 1062)

NRS 388.1235 “Discrimination based on race” defined. “Discrimination based on race” means any single or repeated or pervasive act or acts, whether targeted to a specific person or targeted in general to any demographic identified in subsection 1:

1. Regarding the race, color, culture, religion, language, ethnicity or national origin of a person that causes harm or creates a hostile work or learning environment, which may include, without limitation, jokes, threats, physical altercations or intimidation; and

2. That occurs in person, online or in any other setting including, without limitation, in a course of distance education.

(Added to NRS by 2021, 3358)

NRS 388.124 “Electronic communication” defined. “Electronic communication” means the communication of any written, verbal or pictorial information through the use of an electronic device, including, without limitation, a telephone, a cellular phone, a computer or any similar means of communication.

(Added to NRS by 2009, 687)

NRS 388.126 “Governing body” defined. “Governing body” means the board of trustees of a school district or the governing body of a charter school.

(Added to NRS by 2017, 4152)

NRS 388.1265 “Protective hairstyle” defined. “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

(Added to NRS by 2021, 1715)

NRS 388.1267 “Race” defined. “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

(Added to NRS by 2021, 1715)

NRS 388.127 “School” defined. “School” means a public school, including, without limitation, a charter school.

(Added to NRS by 2017, 4152)

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

1. Pupils are the most vital resource to the future of this State;

2. A learning environment that is safe and respectful is essential for the pupils enrolled in the schools in this State and is necessary for those pupils to achieve academic success and meet this State’s high academic standards;

3. Every classroom, hallway, locker room, cafeteria, restroom, gymnasium, playground, athletic field, school bus, parking lot and other areas on the premises of a school in this State must be maintained as a safe and respectful learning environment, and no form of discrimination based on race, bullying or cyber-bullying will be tolerated within the system of public education in this State;

4. Any form of discrimination based on race, bullying or cyber-bullying seriously interferes with the ability of teachers to teach in the classroom and the ability of pupils to learn;

5. The use of the Internet by pupils in a manner that is ethical, safe and secure is essential to a safe and respectful learning environment and is essential for the successful use of technology;

6. It will ensure that:

(a) The schools in this State provide a safe and respectful learning environment in which persons of differing beliefs, races, colors, national origins, ancestries, religions, gender identities or expressions, sexual orientations, physical or mental disabilities, sexes or any other distinguishing characteristics or backgrounds can realize their full academic and personal potential;

(b) All administrators, teachers and other personnel of the school districts and schools in this State demonstrate appropriate and professional behavior on the premises of any school by treating other persons, including, without limitation, pupils, with civility and respect, by refusing to tolerate discrimination based on race, bullying and cyber-bullying, and by taking immediate action to protect a victim or target of discrimination based on race, bullying or cyber-bullying when witnessing, overhearing or being notified that discrimination based on race, bullying or cyber-bullying is occurring or has occurred;

(c) The quality of instruction is not negatively impacted by poor attitudes or interactions among administrators, teachers, coaches or other personnel of a school district or school;

(d) All persons in a school are entitled to maintain their own beliefs and to respectfully disagree without resorting to discrimination based on race, bullying, cyber-bullying or violence; and

(e) Any teacher, administrator, coach or other staff member or pupil who tolerates or engages in an act of discrimination based on race, bullying or cyber-bullying or violates a provision of NRS 388.121 to 388.1395, inclusive, regarding a response to discrimination based on race, bullying or cyber-bullying against a pupil will be held accountable; and

7. By declaring this mandate that the schools in this State provide a safe and respectful learning environment, the Legislature is not advocating or requiring the acceptance of differing beliefs in a manner that would inhibit the freedom of expression, but is requiring that pupils be free from physical, emotional or mental abuse while at school and that pupils be provided with an environment that allows them to learn.

(Added to NRS by 2001, 1929; A 2005, 705; 2009, 687; 2013, 1655; 2015, 412, 881; 2017, 4153; 2021, 3360)

1. The Legislature hereby declares that the members of a governing body and all administrators and teachers have a duty to create and provide a safe and respectful learning environment for all pupils that is free of discrimination based on race, bullying and cyber-bullying.

2. A parent or guardian of a pupil may petition a court of competent jurisdiction for a writ of mandamus to compel the performance of any duty imposed by the provisions of NRS 388.121 to 388.1395, inclusive.

3. Nothing in this section shall be deemed to preclude a parent or guardian of a pupil from seeking any remedy available at law or in equity.

(Added to NRS by 2015, 410; A 2017, 4154; 2021, 3361)

NRS 388.1322 Compliance with provisions relating to safe and respectful learning environment by private school authorized. A private school, as defined in NRS 394.103, and the governing body and administrator of the private school are authorized to comply with NRS 388.121 to 388.1395, inclusive, wholly or in part. Any such compliance is wholly voluntary, and no liability attaches to any failure to comply on the part of the private school, governing body or administrator.

(Added to NRS by 2017, 4152; A 2021, 3361)

NRS 388.1323 Office for a Safe and Respectful Learning Environment: Creation; appointment and duties of Director.

1. The Office for a Safe and Respectful Learning Environment is hereby created within the Department.

2. The Superintendent of Public Instruction shall appoint a Director of the Office, who shall serve at the pleasure of the Superintendent.

3. The Director of the Office shall ensure that the Office:

(a) Maintains a 24-hour, toll-free statewide hotline and Internet website by which any person can report a violation of the provisions of NRS 388.121 to 388.1395, inclusive, and obtain information about antidiscrimination and anti-bullying efforts and organizations; and

(b) Provides outreach and antidiscrimination and anti-bullying education and training for pupils, parents and guardians, teachers, administrators, coaches and other staff members and the members of a governing body. The outreach and training must include, without limitation:

(1) Training regarding methods, procedures and practice for recognizing discrimination based on race, bullying and cyber-bullying behaviors;

(2) Training regarding effective intervention and remediation strategies regarding discrimination based on race, bullying and cyber-bullying;

(3) Training regarding methods for reporting violations of NRS 388.135; and

(4) Information on and referral to available resources regarding suicide prevention and the relationship between discrimination based on race, bullying or cyber-bullying and suicide, including, without limitation, resources for pupils who are members of groups at a high risk of suicide. Such groups include, without limitation, the groups described in subsection 3 of NRS 388.256.

4. The Director of the Office shall establish procedures by which the Office may receive reports of discrimination based on race, bullying and cyber-bullying and complaints regarding violations of the provisions of NRS 388.121 to 388.1395, inclusive.

5. Except as otherwise provided in this subsection, the Director of the Office or his or her designee shall investigate any complaint that a teacher, administrator, coach or other staff member or member of a governing body has violated a provision of NRS 388.121 to 388.1395, inclusive. If a complaint alleges criminal conduct or an investigation leads the Director of the Office or his or her designee to suspect criminal conduct, the Director of the Office may request assistance from the Investigation Division of the Department of Public Safety. The Director of the Office or his or her designee is not required to investigate a complaint pursuant to this subsection if the complaint is made through the SafeVoice Program established pursuant to NRS 388.1455 and investigated by the team appointed pursuant to paragraph (a) of subsection 1 of NRS 388.14553, unless the complaint alleges that a previous investigation conducted by the team appointed pursuant to paragraph (a) of subsection 1 of NRS 388.14553 regarding the same matter failed to resolve the issue or was otherwise deficient.

(Added to NRS by 2015, 410; A 2017, 4155; 2019, 1762; 2021, 3361; 2023, 1078)

NRS 388.1324 Committee on statewide school safety; membership; duties.

1. The Governor shall appoint a committee on statewide school safety. Appointments must be made to represent each of the geographic areas of the State.

2. The committee must consist of:

(a) One representative of the Department of Education;

(b) One representative of the Department of Public Safety;

(d) One representative of the Department of Health and Human Services;

(e) One representative who is a licensed teacher in this State;

(f) One representative who is the principal of a school in this State;

(g) One superintendent of a school district in this State;

(h) One school resource officer assigned to a school in this State;

(i) One person employed as a paraprofessional, as defined in NRS 391.008, by a school in this State;

(j) One school psychologist employed by a school in this State;

(k) One provider of mental health other than a psychologist who provides services to pupils at a school in this State;

(l) The State Fire Marshal or his or her designee;

(m) One parent or legal guardian of a pupil enrolled in a school in this State;

(n) At least two pupils enrolled in a school in this State; and

(o) Any other representative the Governor deems appropriate.

3. The committee shall:

(a) Establish methods which facilitate the ability of a pupil enrolled in a school in this State to express his or her ideas related to school safety and the well-being of pupils enrolled in schools in this State;

(b) Evaluate the impact of social media on school safety and the well-being of pupils enrolled in schools in this State; and

4. As used in this section, “social media” has the meaning ascribed to it in NRS 232.003.

(Added to NRS by 2019, 3232; A 2021, 2091)

NRS 388.1326 Committee on Responses to Power-Based Violence in Schools: Creation; membership; terms; vacancies; duties; per diem.

1. The Committee on Responses to Power-Based Violence in Schools is hereby created within the Department.

2. The Committee consists of the following members, appointed by the chair of the committee on statewide school safety created pursuant to NRS 388.1324:

(a) Two members who are representatives of a nonprofit organization that assists victims of power-based violence;

(b) One member who is the parent of a pupil who identifies as a victim of power-based violence;

(d) Two members who are Title IX coordinators for public schools in this State;

(e) One member who is an employee of the Office for a Safe and Respectful Learning Environment;

(f) One member who is a school resource officer assigned to a school in this State;

(g) One member who is employed as a school psychologist at a school in this State;

(h) One member who is a licensed teacher in this State;

(i) One member who is employed as a school social worker at a school in this State;

(j) One member who is an administrator of a school in this State; and

(k) One member who is the superintendent of a school district in this State.

3. Any vacancy occurring in the membership of the Committee must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

4. The Committee shall elect a Chair and Vice Chair from among its members at the first meeting of the Committee and at the first meeting of the calendar year each year thereafter. The Chair and Vice Chair serve a term of 1 year.

5. Each member of the Committee serves a term of 2 years and may be reappointed.

6. A majority of the members of the Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Commission.

7. The Committee shall review, study and make recommendations regarding power-based violence in schools. In performing its duties, the Committee shall:

(a) Consider the experiences of pupils relating to power-based violence and pupil safety;

(b) Examine current procedures and protocols for responding to power-based violence that are used in public schools in this State;

(d) Identify possible gaps in the services that are available for victims of power-based violence; and

(e) Make recommendations for procedures that will focus on preventing and intervening in disclosures of power-based violence.

8. The Committee shall, not later than August 1 of each odd-numbered year, submit to the Joint Interim Standing Committee on Education any recommendations for legislation relating to power-based violence in schools.

9. The members of the Committee serve without compensation but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

10. A member of the Committee who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Committee and perform any work necessary to carry out the duties of the Committee in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Committee to:

(a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Committee; or

(b) Take annual leave or compensatory time for the absence.

11. As used in this section, “power-based violence” has the meaning ascribed to it in NRS 396.1285.

(Added to NRS by 2023, 3145)

NRS 388.1327 Regulations. The State Board shall adopt regulations as are necessary to carry out the provisions of NRS 388.121 to 388.1395, inclusive.

(Added to NRS by 2011, 2244; A 2013, 2755; 2015, 413; 2017, 4155; 2021, 1125, 3362)

Policies; Informational Pamphlet; Program of Training

NRS 388.133 Policy by Department concerning safe and respectful learning environment.

1. The Department shall, in consultation with the governing bodies, educational personnel, local associations and organizations of parents whose children are enrolled in schools throughout this State, and individual parents and legal guardians whose children are enrolled in schools throughout this State, prescribe by regulation a policy for all school districts and schools to provide a safe and respectful learning environment that is free of discrimination based on race, bullying and cyber-bullying.

2. The policy must include, without limitation:

(a) Requirements and methods for reporting violations of NRS 388.135, including, without limitation, violations among teachers and violations between teachers and administrators, coaches and other personnel of a school district or school;

(b) Requirements and methods for addressing the rights and needs of persons with diverse gender identities or expressions;

(c) Recommendations for restorative disciplinary practices that align with the statewide framework for restorative justice; and

(d) A policy for use by school districts and schools to train members of the governing body and all administrators, teachers and all other personnel employed by the governing body. The policy must include, without limitation:

(1) Training in the appropriate methods to facilitate positive human relations among pupils by eliminating the use of discrimination based on race, bullying and cyber-bullying so that pupils may realize their full academic and personal potential;

(2) Training in methods to prevent, identify and report incidents of discrimination based on race, bullying and cyber-bullying;

(3) Training concerning the needs of persons with diverse gender identities or expressions;

(4) Training concerning the needs of pupils with disabilities and pupils with autism spectrum disorder;

(5) Methods to promote a positive learning environment;

(6) Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and

(7) Methods to teach skills to pupils so that the pupils are able to replace inappropriate behavior with positive behavior.

3. As used in this section, “restorative justice” has the meaning ascribed to it in NRS 392.472.

(Added to NRS by 2005, 704; A 2009, 687; 2013, 1656, 2138; 2015, 881; 2017, 4155; 2019, 3234; 2021, 3362, 3559; 2023, 759, 781)

NRS 388.1333 Development of statewide framework for restorative justice by Department. [Effective through June 30, 2028.]

1. To the extent that money is available, the Department shall develop a statewide framework for restorative justice. The statewide framework must, without limitation:

(a) In accordance with NRS 392.472, establish standards for a plan of action based on restorative justice to enable a public school to address the unique needs of pupils enrolled in the school;

(b) Provide for the identification of and address the needs of homeless pupils, unaccompanied pupils or pupils in foster care;

(c) Address the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250;

(d) Provide for the improvement of school climate, culture and safety and pupil outcomes by providing information on, without limitation:

(1) Multi-tiered systems of support;

(2) Early warning systems;

(3) Positive behavioral interventions and support;

(4) The provision of school social workers;

(5) Curriculum on social and emotional learning; and

(6) Trauma-informed practices; and

(e) Provide for training for teachers, administrators and other school staff in:

(1) Child and adolescent development;

(2) Restorative justice, including, without limitation, positive behavioral interventions and support, conflict resolution and de-escalation techniques; and

(3) Psychology, trauma and chronic stress, the effect of trauma and chronic stress on pupils and learning and effective responses to trauma and chronic stress.

2. The Department may apply for grants, gifts and donations of money to carry out the objectives of the statewide framework for restorative justice.

3. As used in this section:

(a) “Foster care” has the meaning ascribed to it in 45 C.F.R. § 1355.20.

(b) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2).

(d) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

(Added to NRS by 2021, 3558)

NRS 388.1333 Development of statewide framework for restorative justice by Department. [Effective July 1, 2028.]

1. The Department shall develop a statewide framework for restorative justice. The statewide framework must, without limitation:

(a) In accordance with NRS 392.472, establish standards for a progressive discipline plan based on restorative justice to enable a public school to address the unique needs of pupils enrolled in the school;

(b) Provide for the identification of and address the needs of homeless pupils, unaccompanied pupils or pupils in foster care;

(c) Address the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250; and

(d) Provide for the improvement of school climate, culture and safety and pupil outcomes by providing information and training for teachers, administrators and other school staff on, without limitation:

(1) Multi-tiered systems of support;

(2) Early warning systems;

(3) Positive behavioral interventions and support;

(4) The provision of school social workers;

(5) Curriculum on social and emotional learning;

(6) Trauma-informed practices;

(7) Child and adolescent development;

(8) Restorative justice, including, without limitation, positive behavioral interventions and support, conflict resolution and de-escalation techniques; and

(9) Psychology, trauma and chronic stress, the effect of trauma and chronic stress on pupils and learning and effective responses to trauma and chronic stress.

2. The Department may apply for grants, gifts and donations of money to carry out the objectives of the statewide framework for restorative justice.

3. As used in this section:

(a) “Foster care” has the meaning ascribed to it in 45 C.F.R. § 1355.20.

(b) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2).

(d) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

(Added to NRS by 2021, 3558; A 2023, 760, effective July 1, 2028)

NRS 388.1335 Inclusion of mental health resources on pupil identification card.

1. The board of trustees of a school district or the governing body of a charter school shall ensure that information relating to mental health resources, including, without limitation, the number 9-8-8 which may be dialed to access the hotline described in NRS 433.704 for persons who are considering suicide or otherwise in a behavioral health crisis, or any successor number for a hotline established pursuant to the National Suicide Prevention Lifeline program, appears on the back of any identification card issued to a pupil at a school within the school district or the charter school.

2. As used in this section, “National Suicide Prevention Lifeline program” has the meaning ascribed to it in NRS 433.702.

(Added to NRS by 2021, 3220; A 2023, 1864)

NRS 388.1336 Provision of information regarding statewide information and referral system concerning health, welfare, human and social services.

1. The board of trustees of each school district shall post on its Internet website and include in any written informational materials related to pupil safety prepared by the school district information regarding the statewide information and referral system concerning health, welfare, human and social services created pursuant to NRS 232.359, including the number which may be used to access the system.

2. Each public school shall, to the extent money is available, post information regarding the statewide information and referral system concerning health, welfare, human and social services created pursuant to NRS 232.359, including the number which may be used to access the system, in each restroom of the public school which is available for use by pupils.

(Added to NRS by 2023, 3147)

NRS 388.1337 Development of restorative practices for victims and perpetrators of discrimination based on race. A governing body shall develop restorative practices in accordance with the provisions of NRS 388.133 for both victims and perpetrators of discrimination based on race.

(Added to NRS by 2021, 3358)

1. Adopt the policy prescribed pursuant to NRS 388.133 and the policy prescribed pursuant to subsection 2 of NRS 389.520. The governing body may adopt an expanded policy for one or both of the policies if each expanded policy complies with the policy prescribed pursuant to NRS 388.133 or pursuant to subsection 2 of NRS 389.520, as applicable.

2. Provide for the appropriate training of members of the governing body and all administrators, teachers and all other personnel employed by the governing body in accordance with the policies prescribed pursuant to NRS 388.133 and pursuant to subsection 2 of NRS 389.520. For members of the governing body who have not previously served on the governing body or for employees of the school district or school who have not previously been employed by the district or school, the training required by this subsection must be provided within 180 days after the member begins his or her service or after the employee begins his or her employment, as applicable.

3. Post the policies adopted pursuant to subsection 1 on the Internet website maintained by the school district or school.

4. Ensure that the parents and legal guardians of pupils enrolled in the school district or school have sufficient information concerning the availability of the policies, including, without limitation, information that describes how to access the policies on the Internet website maintained by the school district or school. Upon the request of a parent or legal guardian, the school district or school shall provide the parent or legal guardian with a written copy of the policies.

5. Review the policies adopted pursuant to subsection 1 on an annual basis and update the policies if necessary. If the governing body updates the policies, the governing body must submit a copy of the updated policies to the Department within 30 days after the update.

(Added to NRS by 2005, 705; A 2009, 688; 2011, 2245; 2013, 2138; 2017, 4156)

NRS 388.1341 Development of informational pamphlet by Department; annual review and update; posting on Internet website; development of tutorial.

1. The Department, in consultation with persons who possess knowledge and expertise in discrimination based on race, bullying and cyber-bullying, shall, to the extent money is available, develop an informational pamphlet to assist pupils and the parents or legal guardians of pupils enrolled in schools in this State in resolving incidents of discrimination based on race, bullying or cyber-bullying. If developed, the pamphlet must include, without limitation:

(a) A summary of the policy prescribed by the Department pursuant to NRS 388.133 and the provisions of NRS 388.121 to 388.1395, inclusive;

(b) A description of practices which have proven effective in preventing and resolving violations of NRS 388.135 in schools, which must include, without limitation, methods to identify and assist pupils who are at risk for discrimination based on race, bullying and cyber-bullying; and

(c) An explanation that the parent or legal guardian of a pupil who is involved in a reported violation of NRS 388.135 may request an appeal of a disciplinary decision made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by a governing body.

2. If the Department develops a pamphlet pursuant to subsection 1, the Department shall review the pamphlet on an annual basis and make such revisions to the pamphlet as the Department determines are necessary to ensure the pamphlet contains current information.

3. If the Department develops a pamphlet pursuant to subsection 1, the Department shall post a copy of the pamphlet on the Internet website maintained by the Department.

4. To the extent the money is available, the Department shall develop a tutorial which must be made available on the Internet website maintained by the Department that includes, without limitation, the information contained in the pamphlet developed pursuant to subsection 1, if such a pamphlet is developed by the Department.

(Added to NRS by 2011, 2241; A 2013, 1656; 2015, 414; 2017, 4157; 2021, 3363)

1. The Department, in consultation with persons who possess knowledge and expertise in discrimination based on race, bullying and cyber-bullying, shall establish a program of training:

(a) On methods to prevent, identify and report incidents of discrimination based on race, bullying and cyber-bullying for members of the State Board.

(b) On methods to prevent, identify and report incidents of discrimination based on race, bullying and cyber-bullying for the members of a governing body.

(c) For school district and school personnel to assist those persons with carrying out their powers and duties pursuant to NRS 388.121 to 388.1395, inclusive.

(d) For school district and school personnel in the prevention of violence and suicide, including, without limitation, violence and suicide associated with discrimination based on race, bullying and cyber-bullying, and appropriate methods to respond to incidents of violence or suicide. Such training must include, without limitation, instruction concerning the identification of:

(1) Appropriate mental health services at the school and in the community in which the school is located and how and when to refer pupils and their families for such services; and

(2) Other persons and organizations in the community in which the school is located, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the response to a suicide.

(e) For school district and school personnel concerning the needs of persons with diverse gender identities or expressions.

(f) For school district and school personnel concerning the needs of pupils with disabilities and pupils with autism spectrum disorder.

2. Each member of the State Board shall, within 1 year after the member is elected or appointed to the State Board, complete the program of training on discrimination based on race, bullying and cyber-bullying established pursuant to paragraph (a) of subsection 1 and undergo the training at least one additional time while the person is a member of the State Board.

3. Except as otherwise provided in NRS 388.134, each member of a governing body shall, within 1 year after the member begins his or her service on the governing body, complete the program of training on discrimination based on race, bullying and cyber-bullying established pursuant to paragraph (b) of subsection 1 and undergo the training at least one additional time while the person is a member of the governing body.

4. Each administrator of a school shall complete the program of training established pursuant to paragraphs (d), (e) and (f) of subsection 1:

(a) Within 90 days after becoming an administrator;

(b) Except as otherwise provided in paragraph (c), at least once every 3 years thereafter; and

5. Each program of training established pursuant to subsection 1 must, to the extent money is available, be made available on the Internet website maintained by the Department or through another provider on the Internet.

6. The governing body may allow school personnel to attend the program established pursuant to paragraph (c), (d), (e) or (f) of subsection 1 during regular school hours.

7. The Department shall review each program of training established pursuant to subsection 1 on an annual basis to ensure that the program contains current information.

(Added to NRS by 2011, 2242; A 2013, 1657, 2139; 2015, 414; 2017, 4157; 2019, 1762; 2021, 3364)

School Safety Team

NRS 388.1343 Establishment by administrator of each school; duties of administrator. The administrator of each school or his or her designee shall:

1. Establish a school safety team to develop, foster and maintain a school environment which is free from discrimination based on race, bullying and cyber-bullying;

2. Conduct investigations of violations of NRS 388.135 occurring at the school; and

3. Collaborate with the governing body and the school safety team to prevent, identify and address reported violations of NRS 388.135 at the school.

(Added to NRS by 2011, 2243; A 2013, 1658; 2017, 4158; 2021, 3365)

NRS 388.1344 Membership; chair; duties.

1. Each school safety team established pursuant to NRS 388.1343 must consist of the administrator of the school or his or her designee and the following persons appointed by the administrator:

(a) A school counselor, school psychologist or social worker if the school employs a person in such a position full-time;

(b) At least one teacher who teaches at the school;

(d) A school police officer or school resource officer if the school employs a person in such a position full-time;

(e) For a middle school, junior high school or high school, one pupil enrolled in the school; and

(f) Any other persons appointed by the administrator.

2. The administrator of the school or his or her designee shall serve as the chair of the school safety team.

3. The school safety team shall:

(a) Meet at least two times each year;

(b) Identify and address patterns of discrimination based on race, bullying or cyber-bullying;

(c) Review and strengthen school policies to prevent and address discrimination based on race, bullying or cyber-bullying;

(d) Provide information to school personnel, pupils enrolled in the school and parents and legal guardians of pupils enrolled in the school on methods to address bullying and cyber-bullying;

(e) To the extent practicable, work with members of the community with expertise in cultural competency; and

(f) To the extent money is available, participate in any training conducted by the school district or school regarding bullying and cyber-bullying.

4. To the extent practicable, the school safety team must consist of members who are representative of the demographic groups identified in subsection 1 of NRS 388.1235.

(Added to NRS by 2011, 2243; A 2013, 1658; 2017, 4159; 2019, 3235; 2021, 3365)

Power-Based Violence

NRS 388.1347 Board of trustees to enter into memorandum of understanding with certain organizations to assist victims of power-based violence.

1. The board of trustees of each school district 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 school district and the community-based organization that assists victims of power-based violence to establish an understanding of the:

(1) Responsibilities that the school district 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 school district 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 school district regarding power-based violence;

(2) Provide an alternative for a pupil or employee of the school district 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 a public school in the school district; and

(4) Assist with the development and implementation of training and prevention curriculum for employees of the school district.

(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 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, 3144)

Prohibition of Bullying and Cyber-Bullying; Reporting and Investigation of Violations

NRS 388.135 Discrimination based on race, bullying and cyber-bullying prohibited. A member of a governing body, any employee of a governing body, including, without limitation, an administrator, teacher or other staff member, a member of a club or organization which uses the facilities of any school, regardless of whether the club or organization has any connection to the school, or any pupil shall not engage in discrimination based on race, bullying or cyber-bullying on the premises of any school, at an activity sponsored by a school or on any school bus.

(Added to NRS by 2001, 1929; A 2009, 688; 2013, 1658; 2017, 4159; 2021, 3366)

NRS 388.13505 Reporting and categorization of incident of discrimination based on race.

1. A pupil or the parent or legal guardian of a pupil who witnesses an incident of discrimination based on race may report the incident to an administrator or his or her designee.

2. A governing body shall categorize an incident of discrimination based on race as a racially motivated or hate incident on the appropriate system to track pupil information used by a school.

(Added to NRS by 2021, 3358)

1. Except as otherwise provided in NRS 388.13535, a teacher, administrator, coach or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall report the violation to the administrator or his or her designee as soon as practicable, but not later than a time during the same day on which the teacher, administrator, coach or other staff member witnessed the violation or received information regarding the occurrence of a violation.

2. Except as otherwise provided in this subsection, upon receiving a report required by subsection 1, the administrator or designee shall immediately take any necessary action to stop the discrimination based on race, bullying or cyber-bullying and ensure the safety and well-being of the reported victim or victims of the discrimination based on race, bullying or cyber-bullying and shall begin an investigation into the report. If the administrator or designee does not have access to the reported victim of the alleged violation of NRS 388.135, the administrator or designee may wait until the next school day when he or she has such access to take the action required by this subsection.

3. The investigation conducted pursuant to subsection 2 must include, without limitation:

(a) Except as otherwise provided in subsection 4, notification provided by telephone, electronic mail or other electronic means or provided in person, of the parents or guardians of all pupils directly involved in the reported discrimination based on race, bullying or cyber-bullying, as applicable, either as a reported aggressor or a reported victim of the discrimination based on race, bullying or cyber-bullying. The notification must be provided:

(1) If the discrimination based on race, bullying or cyber-bullying is reported before the end of school hours on a school day, before the school’s administrative office closes on the day on which the discrimination based on race, bullying or cyber-bullying is reported; or

(2) If the discrimination based on race, bullying or cyber-bullying was reported on a day that is not a school day, or after school hours on a school day, before the school’s administrative office closes on the school day following the day on which the discrimination based on race, bullying or cyber-bullying is reported.

(b) Interviews with all pupils whose parents or guardians must be notified pursuant to paragraph (a) and with all such parents and guardians.

4. If the contact information for the parent or guardian of a pupil in the records of the school is not correct, a good faith effort to notify the parent or guardian shall be deemed sufficient to meet the requirement for notification pursuant to paragraph (a) of subsection 3.

5. Except as otherwise provided in this subsection, an investigation required by this section must be completed, to the greatest extent practicable, within 5 school days after the administrator or designee receives a report required by subsection 1. If extenuating circumstances prevent the administrator or designee from completing the investigation required by this section within 5 school days after making a good faith effort, 2 additional school days may be used to complete the investigation.

6. An administrator or designee who conducts an investigation required by this section shall complete a written report of the findings and conclusions of the investigation. If a violation is found to have occurred:

(a) The report must include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the governing body. Subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, the report must be made available, not later than 24 hours after the completion of the written report, to all parents or guardians who must be notified pursuant to paragraph (a) of subsection 3 as part of the investigation; and

(b) Any action taken after the completion of the investigation to address the discrimination based on race, bullying or cyber-bullying must be based on restorative disciplinary practices and carried out in a manner that causes the least possible disruption for the victim or victims. When necessary, the administrator or designee shall give priority to ensuring the safety and well-being of the victim or victims over any interest of the perpetrator or perpetrators when determining the actions to take.

7. If a violation is found not to have occurred, information concerning the incident must not be included in the record of the reported aggressor.

8. Not later than 10 school days after receiving a report required by subsection 1, the administrator or designee shall meet with each reported victim of the discrimination based on race, bullying or cyber-bullying to inquire about the well-being of the reported victim and to ensure that the reported discrimination based on race, bullying or cyber-bullying, as applicable, is not continuing.

9. To the extent that information is available, the administrator or designee shall provide a list of any resources that may be available in the community to assist a pupil to each parent or guardian of a pupil to whom notice was provided pursuant to this section as soon as practicable. Such a list may include, without limitation, resources available at no charge or at a reduced cost and may be provided in person or by electronic or regular mail. If such a list is provided, the administrator or designee, or any employee of the school or the school district is not responsible for providing such resources to the pupil or ensuring the pupil receives such resources.

10. The parent or guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a disciplinary decision of the administrator or designee, made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the governing body. Not later than 30 days after receiving a response provided in accordance with such a policy, the parent or guardian may submit a complaint to the Department. The Department shall consider and respond to the complaint pursuant to procedures and standards prescribed in regulations adopted by the Department.

11. If a violation of NRS 388.135 is found to have occurred, the parent or guardian of a pupil who is a victim of discrimination based on race, bullying or cyber-bullying may request that the board of trustees of the school district in which the pupil is enrolled to assign the pupil to a different school in the school district. Upon receiving such a request, the board of trustees shall, in consultation with the parent or guardian of the pupil, assign the pupil to a different school.

12. A principal or his or her designee shall submit a monthly report to the direct supervisor of the principal that includes for the school the number of:

(a) Reports received pursuant to subsection 1 concerning incidents of bullying or cyber-bullying;

(b) Reports received pursuant to subsection 1 concerning incidents of discrimination based on race;

(d) Times in which no violation of NRS 388.135 is found to have occurred.

13. School hours and school days are determined for the purposes of this section by the schedule established by the governing body for the school.

14. The provisions of this section must not be construed to place any limit on the time within which an investigation concerning any alleged act that constitutes sexual assault must be completed.

(Added to NRS by 2011, 2244; A 2013, 2140; 2015, 415, 2069; 2017, 1488, 4159; 2019, 1307, 1913; 2021, 3366; 2023, 1079)

NRS 388.1352 Establishment of policy by governing body for employees to report violations to law enforcement. A governing body, in conjunction with the school police officers of the school district, if any, and the local law enforcement agencies that have jurisdiction over the school district or school, shall establish a policy for the procedures which must be followed by an employee of the school district or school when reporting a violation of NRS 388.135 to a school police officer or local law enforcement agency.

(Added to NRS by 2011, 2244; A 2017, 4161)

1. If a law enforcement agency is investigating a potential crime involving an alleged violation of NRS 388.135, the administrator or his or her designee may, after providing the notification required by paragraph (a) of subsection 3 of NRS 388.1351, defer the investigation required by that section until the completion of the criminal investigation by the law enforcement agency. If the administrator or his or her designee defers an investigation pursuant to this subsection, the administrator or designee shall:

(a) Immediately develop and carry out a plan to protect the safety of each pupil directly involved in the alleged violation of NRS 388.135; and

(b) To the extent that the law enforcement agency has provided the administrator or designee with information about the projected date for completion of its investigation, provide the parents or guardians of each pupil directly involved in the alleged violation of NRS 388.135 with that information.

2. Except as otherwise provided in this section, the deferral authorized by subsection 1 does not affect the obligations of the administrator or designee pursuant to NRS 388.121 to 388.1395, inclusive.

3. Any plan developed pursuant to subsection 1 must be carried out in a manner that causes the least possible disruption for the reported victim or victims of discrimination based on race, bullying or cyber-bullying. When necessary, the administrator or his or her designee shall give priority to protecting the reported victim or victims over any interest of the reported perpetrator or perpetrators when determining how to carry out the plan.

4. If the administrator or designee determines that a violation of NRS 388.135 was caused by the disability of the pupil who committed the violation:

(a) The provisions of NRS 388.1351 do not apply to the same or similar behavior if the behavior is addressed in the pupil’s individualized education program; and

(b) The administrator or designee shall take any measures necessary to protect the safety of the victim of the violation.

5. The provisions of NRS 388.1351 do not apply to a violation of NRS 388.135 committed by:

(a) A pupil who is enrolled in prekindergarten if the behavior is addressed through measures intended to modify the behavior of the pupil.

(b) An employee of a school or school district against another employee of a school or school district.

(Added to NRS by 2017, 4153; A 2019, 1310; 2021, 3368)

NRS 388.1354 Disciplinary action against administrator or designee who fails to comply with certain provisions. If an administrator or his or her designee knowingly and willfully fails to comply with the provisions of NRS 388.1351, the superintendent of the school district or governing body, as applicable, or the designee of either:

1. Shall take disciplinary action against the employee by written admonishment, demotion, suspension, dismissal or refusal to reemploy; and

2. If the employee is the holder of a license issued pursuant to chapter 391 of NRS, may recommend to the governing body that the governing body submit a recommendation to the State Board for the suspension or revocation of the license.

(Added to NRS by 2015, 410; A 2017, 4161)

NRS 388.136 School officials prohibited from interfering with disclosure of violations.

1. A school official shall not directly or indirectly interfere with or prevent the disclosure of information concerning a violation of NRS 388.135.

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

(a) A member of a governing body; or

(b) A licensed or unlicensed employee of a school district or school.

(Added to NRS by 2005, 705; A 2017, 4161)

1. No cause of action may be brought against a pupil or an employee or volunteer of a school who reports a violation of NRS 388.135 unless the person who made the report acted with malice, intentional misconduct, gross negligence, or intentional or knowing violation of the law.

2. If an administrator determines that a report of a violation of NRS 388.135 is false and that the person who made the report acted with malice, intentional misconduct, gross negligence, or intentional or knowing violation of the law, the administrator may recommend the imposition of disciplinary action or other measures against the person in accordance with the policy governing disciplinary action adopted by the governing body.

(Added to NRS by 2005, 705; A 2013, 2140; 2017, 4161)

Rules of Behavior; Week of Respect

NRS 388.139 Text of certain provisions required to be included in rules of behavior. Each school district shall include the text of the provisions of NRS 388.121 to 388.1395, inclusive, and the policies adopted by the board of trustees of the school district pursuant to NRS 388.134 under the heading “Discrimination Based on Race, Bullying and Cyber-Bullying Is Prohibited in Public Schools,” within each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463.

(Added to NRS by 2001, 1929; A 2005, 706; 2009, 688; 2011, 2246; 2013, 1659; 2015, 417; 2021, 3369)

NRS 388.1395 Requirements for delivery of information during annual “Week of Respect.” The governing body of each school shall determine the most effective manner for the delivery of information to the pupils of the school during the “Week of Respect” proclaimed by the Governor each year pursuant to NRS 236.073. The information delivered during the “Week of Respect” must focus on:

1. Methods to prevent, identify and report incidents of discrimination based on race, bullying and cyber-bullying;

2. Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and

3. Methods to facilitate positive human relations among pupils by eliminating the use of discrimination based on race, bullying and cyber-bullying.

(Added to NRS by 2013, 2137; A 2017, 4162; 2021, 3369)

Handle With Care Program; SafeVoice Program

NRS 388.1451 Definitions. As used in NRS 388.1451 to 388.1459, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.1452 to 388.14535, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2015, 3070; A 2017, 4011; 2019, 3967)

NRS 388.1452 “Director” defined. “Director” means the Director of the Office for a Safe and Respectful Learning Environment appointed pursuant to NRS 388.1323.

(Added to NRS by 2015, 3071)

NRS 388.14522 “Handle with Care Program” defined. “Handle with Care Program” means the Program established pursuant to NRS 388.14538.

(Added to NRS by 2019, 3966)

NRS 388.14525 “Public safety agency” defined. “Public safety agency” has the meaning ascribed to it in NRS 388.2345.

(Added to NRS by 2017, 4010)

NRS 388.1453 “SafeVoice Program” and “Program” defined. “SafeVoice Program” or “Program” means the SafeVoice Program established within the Office for a Safe and Respectful Learning Environment pursuant to NRS 388.1455.

(Added to NRS by 2015, 3071; A 2019, 3236, 3967)

NRS 388.14535 “Support center” defined. “Support center” means the support center established and operated pursuant to NRS 388.1455.

(Added to NRS by 2017, 4010)

NRS 388.14538 Handle with Care Program: Establishment; notification of exposure of child to traumatic event or certain other events; training; regulations.

1. The Director shall establish the Handle with Care Program within the Office for a Safe and Respectful Learning Environment. The Handle with Care Program must enable a law enforcement officer or agency to notify the Program when a child who may attend a public school is exposed to a traumatic event or other event that may affect his or her ability to succeed at school as described in NRS 289.840.

2. The Handle with Care Program must use the support center established for the SafeVoice Program and teams appointed pursuant to NRS 388.14553 or a similar program designated by a school district. The support center shall establish a separate hotline and any other appropriate method to allow a law enforcement officer or agency to provide the notification described in subsection 1.

3. Notification submitted by a law enforcement officer or employee of a law enforcement agency must include only identifying information about the child. Such information must include, to the extent that it is available, the name of the child, the grade and school where the child is enrolled and the date of birth of the child.

4. The notification may include basic information about the traumatic event if the law enforcement officer or employee reasonably believes that disclosing such information is in the best interest of the child or necessary for reasons related to school safety.

5. Upon receiving notification from a law enforcement officer or employee of a law enforcement agency, the support center shall determine whether the child attends a public school in this State. If so, the team appointed pursuant to NRS 388.14553 must be notified that the child has been exposed to a traumatic event.

6. The Director shall provide training regarding:

(a) The Handle with Care Program to law enforcement agencies and employees of law enforcement agencies that may respond to a traumatic event involving a child, the board of trustees of a school district, the governing body of a charter school and any other entity whose employees and volunteers the Director determines should receive training regarding the Program;

(b) The procedure for notifying the support center when a child who may attend a public school is exposed to a traumatic event or other event that may affect his or her ability to succeed at school and the information to include in the notification;

(c) Properly responding to notification received from the support center, including, without limitation, the manner in which to respond to notification through the Handle with Care Program, to each member of a team appointed pursuant to NRS 388.14553; and

(d) Collaboration with teachers and other members of the staff of a school, pupils, family members of pupils and other persons, as appropriate, to reduce the negative impact of the traumatic event on the affected pupil and appropriate interventions that may be available to assist the pupil.

7. The State Board shall adopt regulations necessary to carry out the provisions of this section.

(Added to NRS by 2019, 3966)

NRS 388.1454 Legislative findings and declarations concerning SafeVoice Program. The Legislature hereby finds and declares that a SafeVoice Program is necessary because it is the intent of the Legislature to enable the people of this State to easily and anonymously provide to appropriate state or local public safety agencies and to school administrators information about dangerous, violent or unlawful activities, or the threat of such activities, conducted on school property, at an activity sponsored by a public school, on a school bus of a public school or by a pupil enrolled at a public school.

(Added to NRS by 2015, 3071; A 2017, 4011; 2019, 3236, 3968)

1. The Director shall establish the SafeVoice Program within the Office for a Safe and Respectful Learning Environment. The Program must enable any person to report to the Program any dangerous, violent or unlawful activity which is being conducted, or is threatened to be conducted, on school property, at an activity sponsored by a public school, on a school bus of a public school or by a pupil enrolled at a public school. Any information relating to any such dangerous, violent or unlawful activity, or threat thereof, received by the Program is confidential and, except as otherwise authorized pursuant to subsection 2 and NRS 388.1458, must not be disclosed to any person.

2. The SafeVoice Program must include, without limitation, methods and procedures to ensure that:

(a) Information reported to the Program is promptly forwarded to the appropriate public safety agencies, the Department and other appropriate state agencies, school administrators and other school employees, including, without limitation, the teams appointed pursuant to NRS 388.14553;

(b) The identity of a person who reports information to the Program may remain anonymous, unless the policies established and regulations adopted pursuant to subsection 6 require the identity of such a person to be disclosed; and

(1) To take the appropriate action in response to an activity or threat reported pursuant to this section;

(2) Twenty-four hours a day; and

(3) Subject to the confidentiality required pursuant to this section.

3. On behalf of the SafeVoice Program, the Director or his or her designee shall establish and operate a support center that meets the requirements of NRS 388.14557, which includes, without limitation, a hotline, Internet website, mobile telephone application and text messaging application or enter into an agreement with an organization that the Director determines is appropriately qualified and experienced, pursuant to which the organization will establish and operate such a support center, which includes, without limitation, a hotline, Internet website, mobile telephone application and text messaging application. The support center shall receive initial reports made to the Program through the hotline, Internet website, mobile telephone application and text messaging application and forward the information contained in the reports in the manner required by subsection 2.

4. The Director shall provide training regarding:

(a) The Program to employees and volunteers of each public safety agency, public safety answering point, board of trustees of a school district, governing body of a charter school and any other entity whose employees and volunteers the Director determines should receive training regarding the Program.

(b) Properly responding to a report received from the support center, including, without limitation, the manner in which to respond to reports of different types of dangerous, violent and unlawful activity and threats of such activity, to each member of a team appointed pursuant to NRS 388.14553.

(c) The procedure for making a report to the support center using the hotline, Internet website, mobile telephone application and text messaging application and collaborating to prevent dangerous, violent and unlawful activity directed at teachers and other members of the staff of a school, pupils, family members of pupils and other persons.

5. The Director shall:

(a) Post information concerning the SafeVoice Program on an Internet website maintained by the Director;

(b) Provide to each public school educational materials regarding the SafeVoice Program, including, without limitation, information about the telephone number, address of the Internet website, mobile telephone application, text messaging application and any other methods by which a report may be made; and

(c) On or before July 1 of each year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Education a report containing a summary of the information reported to the Director pursuant to NRS 388.14557 during the immediately preceding 12 months and any other information that the Director determines would assist the Committee to evaluate the SafeVoice Program.

6. The Department shall establish policies and adopt regulations pursuant to subsection 2 relating to the disclosure of the identity of a person who reports information to the Program. The regulations must include, without limitation, the disclosure of the identity of a person who reported information to the Program:

(a) To ensure the safety and well-being of the person who reported information to the Program;

(b) To comply with the provisions of NRS 388.1351; or

7. As used in this section:

(a) “Public safety agency” has the meaning ascribed to it in NRS 239B.020.

(b) “Public safety answering point” has the meaning ascribed to it in NRS 707.500.

(Added to NRS by 2015, 3071; A 2017, 4012; 2019, 3236, 3968)

1. The board of trustees of a school district or the governing body of a charter school shall:

(a) Appoint a team of at least three members of the staff of each public school, other than a charter school, that is located in the school district or of the charter school, as applicable, including, without limitation, a school counselor, psychologist, social worker or a similar person, if the school employs such a person on a full-time basis, and a school administrator. The team must receive notification if the support center receives:

(1) A report through the SafeVoice Program of any dangerous, violent or unlawful activity which is being conducted, or is threatened to be conducted, on the property of the school, at an activity sponsored by the school, on a school bus of the school or by a pupil enrolled at the school; or

(2) Notification through the Handle with Care Program of a pupil who was exposed to a traumatic event.

(b) Ensure that information concerning the SafeVoice Program, including, without limitation, the telephone number for the hotline established pursuant to NRS 388.1455:

(1) Appears on the back of any identification card issued to pupils and staff at the school; and

(2) Is posted in conspicuous locations around the school, which may include, without limitation, the front office, the cafeteria or a school bus.

2. Upon receiving notification from the support center through the SafeVoice Program or the Handle with Care Program, a member of the appropriate team appointed pursuant to paragraph (a) of subsection 1 shall take appropriate action in accordance with the training he or she has received pursuant to NRS 388.1455 or 388.14538 to respond to the activity, threat or traumatic event, as applicable.

3. The team appointed pursuant to paragraph (a) of subsection 1 may:

(a) Include a person appointed by the public school pursuant to NRS 388.247 to a committee to review the plan developed for the school pursuant to NRS 388.243.

(b) Allow another person to temporarily serve on the team if a member of the team is unavailable.

(Added to NRS by 2017, 4010; A 2019, 3969)

NRS 388.14555 Immunity from liability for team and team members. The team appointed pursuant to NRS 388.14553 and each member of the team are immune from civil liability for any damages resulting from an act or omission of the team or the member or another member of the team in performing the duties set forth in NRS 388.14538, 388.1455 and 388.14553.

(Added to NRS by 2017, 4010; A 2019, 3970)

NRS 388.14557 Requirements of support center. The support center must:

1. Be capable of receiving reports made through the SafeVoice Program and notification provided through the Handle with Care Program;

2. Be available to receive reports and notifications and staffed with trained personnel 24 hours a day, 7 days a week, including holidays and other days when school is not in session;

3. Establish a process for handling a report or notification if personnel at the support center are unable to determine the location of the school or the person about whom the report or notification is made, or if the report or notification concerns a private school or an entity other than a school;

4. Train personnel at the support center who are involved in responding to reports and notifications to follow up on each report or notification by gathering information necessary to determine the validity of the report or notification and the severity of any threat;

5. Use a software system that is resistant to hacking and copying of information to protect the anonymity of persons who submit reports and notifications;

6. Develop and implement a standardized procedure for tracking the outcome of reports and notifications;

7. Compile statistics to determine:

(a) The most frequent days of the week on which reports and notifications are made;

(b) The most frequent times of the day for making reports and providing notifications;

(c) The types of dangerous, violent or unlawful activity that are reported and the frequency of reports of each type of dangerous, violent or unlawful activity;

(d) The frequency with which reports are submitted using the hotline, Internet website, mobile telephone application and text messaging application, respectively; and

(e) The outcome of reports and notifications;

8. Submit to the Director a quarterly report that contains the information compiled pursuant to subsection 7 and any other information necessary for the Director to evaluate the Programs or that is requested by the Director; and

9. Provide each report received through the SafeVoice Program to the appropriate law enforcement agency.

(Added to NRS by 2017, 4011; A 2019, 3970)

1. The SafeVoice Program Account is hereby created in the State General Fund.

2. Except as otherwise provided in subsection 4, the money in the Account may be used only to implement and operate the SafeVoice Program.

3. The Account must be administered by the Director, who may:

(a) Apply for and accept any gift, donation, bequest, grant or other source of money for deposit in the Account; and

(b) Expend any money received pursuant to paragraph (a) in accordance with subsection 2.

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

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

6. The Director shall:

(a) Post on the Internet website maintained by the Department a list of each gift, donation, bequest, grant or other source of money, if any, received pursuant to subsection 3 for deposit in the Account and the name of the donor of each gift, donation, bequest, grant or other source of money;

(b) Update the list annually; and

(1) In odd-numbered years, to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and

(2) In even-numbered years, to the Joint Interim Standing Committee on Education.

(Added to NRS by 2015, 3073; A 2019, 3238, 3971)

1. Except as otherwise provided in this section or as otherwise authorized pursuant to subsection 2 of NRS 388.1455, a person must not be compelled to produce or disclose any record or information provided to the SafeVoice Program.

2. A defendant in a criminal action may file a motion to compel a person to produce or disclose any record or information provided to the Program. A defendant in a criminal action who files such a motion shall serve a copy of the motion upon the prosecuting attorney and upon the Director, either or both of whom may file a response to the motion not later than a date determined by the court.

3. If the court grants a motion filed by a defendant in a criminal action pursuant to subsection 2, the court may conduct an in camera review of the record or information or make any other order which justice requires. Counsel for all parties shall be permitted to be present at every stage at which any counsel is permitted to be present. If the court determines that the record or information includes evidence that could be offered by the defendant to exculpate the defendant or to impeach the testimony of a witness and unless otherwise authorized by subsection 2 of NRS 388.1455, the court shall order the record or information to be provided to the defendant. The identity of any person who reported information to the SafeVoice Program must be redacted from any record or information provided pursuant to this subsection, and the record or information may be subject to a protective order further redacting the record or information or otherwise limiting the use of the record or information.

4. The record of any information redacted pursuant to subsection 3 must be sealed and preserved to be made available to the appellate court in the event of an appeal. If the time for appeal expires without an appeal, the court shall provide the record to the SafeVoice Program.

(Added to NRS by 2015, 3072; A 2019, 3238, 3971)

NRS 388.1459 Willful disclosure of record or information of SafeVoice Program or willful neglect or refusal to obey court order punishable as criminal contempt. Except as otherwise provided in NRS 388.1458 or as otherwise authorized pursuant to subsection 2 of NRS 388.1455, the willful disclosure of a record or information of the SafeVoice Program, including, without limitation, the identity of a person who reported information to the Program, or the willful neglect or refusal to obey any court order made pursuant to NRS 388.1458, is punishable as criminal contempt.

(Added to NRS by 2015, 3072; A 2019, 3239, 3972)

PROHIBITED INSTRUCTION

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

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

2. Any school district or charter school whose officers knowingly allow any public schools to be taught in violation of this section forfeits all right to any public school funds.

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

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

KINDERGARTEN AND ELEMENTARY SCHOOLS

NRS 388.155 Foster care children enrolled in elementary school; development of academic plan required; annual review and modification of plan; use of plan to manage pupil’s educational development.

1. The board of trustees of each school district shall adopt a policy for each elementary school in the school district to develop an academic plan for each pupil enrolled in the elementary school for whom the school is informed is a foster child. An academic plan must include consideration of the unique circumstances and educational background of the child and be developed with the goal of achieving academic success.

2. An academic plan must be reviewed and revised each year with appropriate modifications for the grade level of the pupil. A new academic plan must be developed for any pupil who transfers to an elementary school for whom the school is informed is a foster child.

3. An academic plan for a pupil must be used as a guide to plan, monitor and manage the pupil’s educational development and make determinations of any assistance that may be necessary to the academic success of the pupil.

(Added to NRS by 2011, 2668)

NRS 388.157 Plan to improve literacy of pupils enrolled in elementary school: Contents; submission to Department for approval; regulations.

1. The board of trustees of each school district and the governing body of each charter school shall prepare a plan to improve the literacy of pupils enrolled in an elementary school. Such a plan must include, without limitation:

(a) A program to provide intervention services and intensive instruction to pupils who have been identified as deficient in the subject area of reading to ensure that those pupils achieve adequate proficiency in the requisite reading skills and reading comprehension skills necessary to perform at a level determined by a statewide assessment to be within a level determined by the State Board for a pupil enrolled in the same grade in which the pupil is enrolled. Such a program must include, without limitation, regularly scheduled reading sessions in small groups and specific instruction designed to target any area of reading in which the pupil demonstrates a deficiency, including, without limitation, phonological and phonemic awareness, decoding skills, reading fluency and vocabulary and reading comprehension strategies;

(b) Procedures for assessing a pupil’s proficiency in the subject area of reading using valid and reliable standards-based assessments that have been approved by the State Board by regulation during each grade level of the elementary school at which the pupil is enrolled as determined necessary;

(d) Procedures for facilitating collaboration between licensed teachers designated as literacy specialists and classroom teachers.

2. The board of trustees of each school district or the governing body of a charter school, as applicable, shall:

(a) Submit its plan to the Department for approval on or before the date prescribed by the Department on a form prescribed by the Department; and

(b) Make such revisions to the plan as the Department determines are necessary.

3. The Department shall adopt regulations that prescribe procedures for assessing the development across early learning domains of a pupil enrolled in kindergarten within the first 45 days of school in a school year.

(Added to NRS by 2015, 1861; A 2017, 3232; 2019, 4490; 2021, 250)

NRS 388.159 Literacy specialist: Designation; additional compensation; provision of professional development in subject area of reading; regulations.

1. The principal of a public elementary school, including, without limitation, a charter school, shall designate a licensed teacher employed by the school to serve as a literacy specialist. The licensed teacher so designated must:

(a) Demonstrate the ability to improve the literacy of pupils;

(b) Demonstrate competency in effective instruction in literacy and the administration of assessments;

(d) Collaborate with the principal of the public elementary school to develop a schedule of professional development and assist in providing such professional development; and

(e) Assist teachers at the school by implementing a system of support which includes various methods to provide intervention services and intensive instruction for pupils who have been identified as deficient in the subject area of reading.

2. A school district or charter school may provide additional compensation to:

(a) A licensed teacher designated as a literacy specialist pursuant to this section; or

(b) A licensed teacher who is employed by a school district or charter school to teach at an elementary school and provides instruction in reading.

3. Each licensed teacher employed by a school district or charter school to teach at an elementary school and who is responsible for providing instruction in reading shall complete professional development developed by a licensed teacher designated as a literacy specialist pursuant to subsection 1 in the subject area of reading.

4. The State Board shall prescribe by regulation:

(a) Any training or professional development that a licensed teacher designated as a literacy specialist is required to successfully complete;

(b) Any professional development that a teacher employed by a school district or charter school to teach at an elementary school is required to receive as developed by a licensed teacher designated as a literacy specialist in the subject area of reading; and

(Added to NRS by 2015, 1861; A 2019, 4491)

MIDDLE SCHOOLS AND JUNIOR HIGH SCHOOLS

NRS 388.165 Development of academic plan required.

1. The board of trustees of each school district shall adopt a policy for each middle school and junior high school in the school district to develop an academic plan for each pupil enrolled in the grade level at which the middle school or junior high school initially enrolls pupils. The academic plan must set forth:

(a) The specific educational goals that the pupil intends to achieve before promotion to high school;

(b) An identification of the courses required for promotion to high school;

(c) An identification of all honors courses, career and technical education courses and other educational programs, courses and pathways available to the pupil which will assist in the advancement of the education of the pupil; and

(d) A description of the expectations of the teachers of pupils who are enrolled in middle school or junior high school.

2. The policy must require each pupil enrolled in his or her initial year at the middle school or junior high school and the pupil’s parent or legal guardian to:

(a) Have sufficient opportunities to work in consultation with a school counselor to develop an academic plan for the pupil;

(b) Review the academic plan; and

(c) Review the academic plan at least once each school year until the pupil is promoted to high school in consultation with the school counselor and revise the plan as necessary.

3. If a pupil enrolls in a middle school or junior high school after the initial year of enrollment for that middle school or junior high school, an academic plan must be developed for that pupil with appropriate modifications for the grade level of the pupil.

4. An academic plan for a pupil must be used as a guide for the pupil and the pupil’s parent or legal guardian to plan, monitor and manage the pupil’s educational development and make determinations of the appropriate courses of study for the pupil. If the pupil does not satisfy all the educational goals set forth in the academic plan, the pupil is eligible for promotion to high school if the pupil otherwise satisfies the requirements for promotion to high school.

(Added to NRS by 2009, 1332; A 2011, 3504)

HIGH SCHOOLS

NRS 388.205 Development of academic plan required for ninth grade pupils.

1. The board of trustees of each school district shall adopt a policy for each public school in the school district in which ninth grade pupils are enrolled to develop a 4-year academic plan for each of those pupils. Except as otherwise provided in subsection 4, the policy must require each public school to provide each pupil with an academic plan at the beginning of the pupil’s ninth grade year. The academic plan must set forth the specific educational goals established pursuant to subsection 7 each year and the steps that the pupil intends to take in order to achieve those goals. The plan may include, without limitation, the designation of a career pathway and enrollment in dual credit courses, career and technical education courses, advanced placement courses and honors courses.

2. The policy must ensure that each pupil enrolled in ninth grade and the pupil’s parent or legal guardian are provided with, to the extent practicable, information regarding:

(a) The advanced placement courses, honors courses, international baccalaureate courses, dual credit courses, career and technical education courses, including, without limitation, career and technical skills-building programs, and any other educational programs, pathways or courses available to the pupil which will assist the pupil in the advancement of his or her education;

(b) The requirements for graduation from high school with a diploma and the types of diplomas available;

(c) The requirements for admission to the Nevada System of Higher Education, including, without limitation, the average score on the college and career readiness assessment administered pursuant to NRS 390.610 of students admitted to each community college, state college or university in the Nevada System of Higher Education, and the eligibility requirements for a Governor Guinn Millennium Scholarship;

(d) The Free Application for Federal Student Aid and advice concerning how to finance enrollment in an institution that provides postsecondary and vocational education; and

(e) The charter schools within the school district.

3. The policy required by subsection 1 must require each pupil enrolled in ninth grade and the pupil’s parent or legal guardian to:

(a) Be notified of opportunities to work in consultation with a school counselor to develop and review an academic plan for the pupil;

(b) Sign the academic plan; and

(c) Review the academic plan at least once each school year in consultation with a school counselor and revise the plan if necessary.

4. If a pupil enrolls in a high school after ninth grade, an academic plan must be developed for that pupil as soon as reasonably practicable with appropriate modifications for the grade level of the pupil.

5. If an academic plan for a pupil includes enrollment in a dual credit course, the plan must address how the dual credit course will enable the pupil to achieve his or her postgraduation goals.

6. An academic plan for a pupil must be used as a guide for the pupil and the parent or legal guardian of the pupil to plan, monitor and manage the pupil’s educational and occupational development and make determinations of the appropriate courses of study for the pupil. If a pupil does not satisfy all the goals set forth in the academic plan, the pupil is eligible to graduate and receive a high school diploma if the pupil otherwise satisfies the requirements for a diploma.

7. Except as otherwise provided in subsection 4, a school counselor shall establish specific educational goals for each pupil in consultation with the pupil and the parent or legal guardian of the pupil, to the extent practicable, at the beginning of each pupil’s ninth grade year and as a part of the review conducted pursuant to paragraph (c) of subsection 3.

8. The policy adopted pursuant to subsection 1 must require each public school in the school district to:

(a) Develop a procedure to identify a homeless pupil, unaccompanied pupil or pupil who lives in foster care; and

(b) Review the academic plan for each such pupil and adjust the plan as appropriate to maximize the accrual of credits by the pupil and the progress of the pupil towards graduation.

9. As used in this section:

(a) “Foster care” has the meaning ascribed to it in 45 C.F.R. § 1355.20.

(b) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2).

(Added to NRS by 2007, 2178; A 2011, 647, 805; 2013, 3265; 2017, 442, 3131; 2019, 1160)

NRS 388.208 Annual review of academic plan; requirements for meeting to review academic plan; revision of academic plan for pupils requiring remediation.

1. Except as otherwise provided in this subsection, the board of trustees of each school district shall adopt a policy for each public high school in the school district to ensure that a counselor, administrator or other licensed educational personnel from the public high school meets individually at least once each school year with each pupil enrolled in grades 9, 10, 11 and 12 in the public high school to review with the pupil the academic plan developed for the pupil pursuant to NRS 388.205. The parent or guardian of a pupil may elect to waive the requirements of this subsection on behalf of the pupil.

2. At a meeting conducted pursuant to subsection 1, the counselor, administrator or other licensed educational personnel must use the results of the pupil’s college and career readiness assessment administered pursuant to NRS 390.610, if the results of the assessment are available at the time of the meeting, the results of a preliminary National Merit Scholarship Qualifying Test, if the results of the test are available at the time of the meeting, and the pupil’s academic records, to review with the pupil the areas of his or her academic strengths and weaknesses, including, without limitation, areas where additional work in the subject areas tested on the assessment or test, as applicable, is necessary to prepare the pupil for college and career success without the need for remediation.

3. If it is determined that the pupil requires remediation, the counselor, administrator or other licensed educational personnel must coordinate with the pupil and the pupil’s parent or legal guardian to revise the academic plan for the pupil to ensure that the pupil is prepared for college and career success before he or she graduates.

(Added to NRS by 2017, 617)

NRS 388.221 Adoption of policy for peer mentoring.

1. The board of trustees of each school district may adopt a policy for the public high schools in the district to provide a program of teen mentoring, which may include a component of adult mentoring, designed to:

(a) Increase pupil participation in school activities, community activities and all levels of government; or

(b) Increase the ability of ninth grade pupils enrolled in high school to successfully make the transition from middle school or junior high school to high school,

Ê or both.

2. If the board of trustees of a school district has adopted a policy pursuant to subsection 1, the principal of each public high school in the district may:

(a) Carry out a program of teen mentoring in accordance with the policy prescribed by the board of trustees pursuant to subsection 1;

(b) Adopt other policies for the program of teen mentoring that are consistent with this section and the policy prescribed by the board of trustees pursuant to subsection 1; and

(c) On a date prescribed by the board of trustees, submit an annual report to the board of trustees and the Legislature that sets forth a summary of:

(1) The specific activities of the program of teen mentoring; and

(2) The effectiveness of the program in increasing pupil participation in school activities, community activities and all levels of government or in increasing the ability of ninth grade pupils to successfully make the transition from middle school or junior high school to high school, as applicable to the type of program in effect at the school.

3. If the board of trustees of a school district has not adopted a policy pursuant to subsection 1, the principal of a public high school in the district may carry out a program of teen mentoring and take any action described in paragraph (b) or (c) of subsection 2 if:

(a) The principal submits to the board of trustees for its approval a plan for such a program of teen mentoring that is consistent with the provisions of this section; and

(b) The board of trustees approves the plan.

4. A plan submitted to a board of trustees of a school district pursuant to subsection 3 shall be deemed approved if the board of trustees does not act upon the plan within 60 days after the date on which the board of trustees receives the plan.

5. The board of trustees of each school district and each public high school may apply for and accept gifts, grants and donations from any source for the support of the board of trustees or a public high school in carrying out a program of teen mentoring pursuant to the provisions of this section. Any money received pursuant to this subsection may be used only for purposes of carrying out a program of teen mentoring pursuant to the provisions of this section.

6. This section does not preclude a board of trustees of a school district or a public high school from continuing any other similar program of teen mentoring that exists on May 22, 2009.

(Added to NRS by 2009, 652; A 2013, 2039)

NRS 388.223 Teacher Academy College Pathway Program: Required in large school districts; requirements of Program; authorization to enter certain partnerships; regulations.

1. Each large school district shall offer a Teacher Academy College Pathway Program at every high school in the school district with 250 or more pupils enrolled that will enable interested pupils in grades 9 to 12, inclusive, to prepare for employment in professions in K-12 education. A large school district may offer a Program at high schools with fewer than 250 pupils. A school district that is not a large school district may offer a Program at one or more high schools in the school district.

2. A large school district, and a school district that is not a large school district which elects to offer the Program, shall:

(a) Advertise the Program and the benefits of participation in the Program.

(b) Ensure each high school in the school district which offers such a Program is staffed by a full-time employee who is:

(1) A licensed teacher or administrator; and

(2) Responsible for implementing the Program at the school.

(c) Assess each pupil entering grade 9 who is or will be enrolled in a high school which offers such a Program and who is interested in participating in the Program, identify any barriers, including, without limitation, academic, financial, socioeconomic and transportation barriers, to the participation in and completion of the Program by such interested pupils and, if such barriers are identified, inform the pupil and the parents or legal guardian of the pupil of any programs and services which are available to help the pupil to overcome such barriers and provide such programs and services to the pupil.

(d) Offer internships at elementary, junior high or middle schools in the school district to qualified pupils in grades 11 and 12 who participate in the Program.

(e) Offer employment as a paraprofessional to qualified high school graduates who have completed the Program and are enrolled in a program to become a teacher at an institution in the Nevada System of Higher Education.

(f) For qualified applicants for employment with the school district who have completed the Program and who have submitted a timely application, provide an offer of employment or decline to provide an offer of employment to such an applicant not later than January 31 of the year immediately preceding the school year for which the applicant applied for employment.

(g) Enter into an agreement with the Board of Regents of the University of Nevada to:

(1) Enable pupils who participate in the Program to earn up to 12 units of college credit for courses taken and internships engaged in as part of the Program at no cost to the pupil.

(2) Establish qualifications for teachers of the school district who teach courses in the Program which are eligible for college credit, which may include, without limitation, a minimum of 4 years of classroom teaching experience or a Master’s degree.

(3) Guarantee the admission of otherwise academically qualified pupils who complete the Program to institutions in the Nevada System of Higher Education.

(4) Provide programs, services, scholarships and financial aid to assist pupils who participate in the Program in applying for admission to institutions in the Nevada System of Higher Education and completing the Program at such an institution.

(h) Inform pupils who participate in the Program and the parents and legal guardians of such pupils about programs, services, scholarships and financial aid which are available to assist pupils in applying for admission to institutions in the Nevada System of Higher Education and completing the Program at such an institution.

3. A large school district, and a school district that is not a large school district which elects to offer the Program, may enter into an agreement with the Board of Regents of the University of Nevada to provide a faculty mentor from the Nevada System of Higher Education to teachers of the school district who teach courses in the Program to ensure such courses align with the contents and rigor of equivalent courses taught at institutions within the Nevada System of Higher Education. If the provisions of this subsection conflict with the provisions of chapter 388G of NRS, the provisions of this subsection prevail.

4. The State Board:

(a) Shall adopt regulations that prescribe the curriculum for the Program which are consistent with the provisions of this section. To the extent a school district provides programs of career and technical education other than the Program, such programs of career and technical education must nonetheless be consistent with the regulations adopted pursuant to this paragraph, to the extent applicable.

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

5. As used in this section:

(a) “Large school district” means any school district in this State which has more than 100,000 pupils enrolled in its public schools.

(b) “Program” means the Teacher Academy College Pathway Program created pursuant to this section.

(Added to NRS by 2023, 3009)

NRS 388.224 Distribution of information about financial planning and financial aid; reports.

1. On or before September 30 of each year, the board of trustees of a school district and the governing body of a charter school that operates as a high school shall ensure that pupils receive:

(a) Education about the importance and value of financial planning and completing the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090, including, without limitation, that financial aid can be used for attending an online, trade or vocational school and information on what financial aid is available for pupils with the legal right to live in the United States pursuant to any federal law, regulation or internal policy or program of a federal agency or department and undocumented pupils;

(b) Information regarding the events at the high school in which the pupil is enrolled to complete or receive assistance in completing the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 held pursuant to subsection 3;

(c) Any information a pupil needs to bring to an event held pursuant to subsection 3 to complete the Free Application for Federal Student Aid; and

(d) Information to encourage pupils enrolled in grade 12 to register for an account and identification number to complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090, including, without limitation, hyperlinks to appropriate Internet websites, notice regarding opportunities to register during the school day and notice that pupils and their parents or legal guardians need separate accounts.

2. On or before September 30 of each year, the board of trustees of a school district and the governing body of a charter school that enrolls pupils in grade 4 or grade 12 shall ensure that such pupils and the parents or legal guardians of such pupils receive information on the Nevada College Kick Start Program established pursuant to NRS 353B.335.

3. Except as otherwise provided in this subsection, the board of trustees of a school district and the governing body of a charter school that operates as a high school shall hold at least two annual events at each high school within the school district and each charter school, as applicable, one in the first week of October and one at the end of February, at which pupils enrolled in grade 12 and their parents or guardians may complete, or receive assistance in completing, the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090. The high school where the event is held shall provide access to technology, including, without limitation, a computer lab, to assist pupils and their parents or guardians with completing the Free Application for Federal Student Aid. An event held pursuant to this subsection may be attended by a pupil enrolled in the high school or charter school and his or her family. The board of trustees of a school district that is located in a county whose population is less than 100,000 may:

(a) Hold one annual event pursuant to this subsection if, based on the number of pupils enrolled in the school district, the board of trustees believes that one event is sufficient to meet the needs of the school district; or

(b) Offer an annual event or other assistance to complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 through the use of information and audio-visual communication technology, if appropriate.

4. The board of trustees of a school district and the governing body of a charter school that operates as a high school shall coordinate with a community college, state college or university to ensure that pupils enrolled in grade 12 and their families receive assistance and support to complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090, including, without limitation, ensuring staff of a community college, state college or university are present at both events held pursuant to subsection 3.

5. On or before July 1 of each year, the board of trustees of a school district and the governing body of a charter school that operates as a high school shall report to the State Treasurer, for pupils enrolled in grade 12:

(a) The total number of pupils or the parents or guardians of pupils who attended the events held pursuant to subsection 3;

(b) The number of pupils who did not attend an event held pursuant to subsection 3 but otherwise received assistance in completing the Free Application for Federal Student Aid from the school district or charter school;

(c) The number of pupils who completed the Free Application for Federal Student Aid, including, without limitation, if known, the number of pupils who completed the Free Application for Federal Student Aid on their own and the number of pupils who completed the Free Application for Federal Student Aid with assistance from the school in which the pupil is enrolled or through assistance from an event held pursuant to subsection 3; and

(d) If known, as a result of completing the Free Application for Federal Student Aid:

(1) The number of pupils who were offered financial aid;

(2) The number of pupils who accepted financial aid; and

(3) The type and amount of financial aid offered to or accepted by a pupil.

(Added to NRS by 2021, 1155)

NRS 388.227 Establishment of individual graduation plans for certain pupils; eligibility for plan; conditions for participation in plan; effect on calculation of graduation rate of pupils.

1. The board of trustees of each school district shall, and the governing body of each charter school that operates as a high school and is in good standing with its sponsor may, adopt a policy to authorize the establishment of individual graduation plans for pupils enrolled in a high school within the school district or operated by the charter school, as applicable, who:

(a) Are deficient in credits and not likely to graduate according to schedule;

(b) Have performed poorly on the college and career readiness assessment administered pursuant to NRS 390.610; or

2. In addition to the conditions set forth in paragraphs (a), (b) and (c) of subsection 1, the Superintendent of Public Instruction may establish other conditions for a pupil to be eligible for an individual graduation plan.

3. An individual graduation plan must establish an academic plan for a pupil to allow the pupil to graduate with a standard high school diploma not later than 3 semesters after the date on which the pupil was otherwise scheduled to graduate. The individual graduation plan must include any conditions to which a pupil must agree to comply to remain enrolled in the high school. Such conditions may include, without limitation, any subjects that must be completed, the minimum number of units of credit in which the pupil must enroll each semester, the minimum grade point average that must be maintained by the pupil and any other conditions necessary to ensure that the pupil makes adequate progress to obtain a standard high school diploma within the time allowed.

4. The Superintendent of Public Instruction shall make a determination each year concerning:

(a) The number of credits by which a pupil must be deficient to be eligible for an individual graduation plan;

(b) The maximum score on the college and career readiness assessment administered pursuant to NRS 390.610 that a pupil may receive to be eligible for an individual graduation plan; and

5. An individual graduation plan may be withdrawn by the school district or charter school if the pupil is not making adequate progress as outlined in the individual graduation plan or for other good cause.

6. A pupil for whom an individual graduation plan has been established must be counted when calculating the graduation rates of pupils in the annual report of accountability for the school district or charter school in which the pupil is enrolled pursuant to NRS 385A.070 and the annual report of accountability prepared by the State Board pursuant to NRS 385A.400 for the year in which the pupil was scheduled to graduate until the pupil obtains a standard high school diploma and then must be counted for the appropriate year as determined by the Department pursuant to subsection 8.

7. A pupil for whom an individual graduation plan has been established must not be counted when calculating the graduation rates of pupils used to determine whether the sponsor of a charter school may take certain actions concerning the charter school pursuant to NRS 388A.330.

8. If a pupil for whom an individual graduation plan has been established:

(a) Obtains a standard high school diploma within the time allowed by the individual graduation plan, the pupil must be counted as having received a standard high school diploma when calculating the graduation rates of pupils for the purposes of NRS 388A.330, if applicable, in the annual report of accountability for the school district or charter school in which the pupil is enrolled pursuant to NRS 385A.070 and the annual report of accountability prepared by the State Board pursuant to NRS 385A.400 for the year in which the pupil graduates.

(b) Fails to obtain a standard high school diploma within the time allowed by the individual graduation plan, the pupil must be counted as having failed to receive a standard high school diploma when calculating the graduation rates of pupils for the purpose of NRS 388A.330, if applicable, in the annual report of accountability for the school district or charter school in which the pupil is enrolled pursuant to NRS 385A.070 and the annual report of accountability prepared by the State Board pursuant to NRS 385A.400 for the year in which the pupil was scheduled to graduate pursuant to his or her individual graduation plan.

9. Any pupil for whom an individual graduation plan has been established who receives a score on the college and career readiness assessment that is less than the score prescribed by the Superintendent of Public Instruction pursuant to paragraph (b) of subsection 4 must, unless his or her individual graduation plan provides otherwise, enroll in the maximum number of units of credit per semester allowed by the public school in which the pupil is enrolled.

10. For the purposes of this section, a charter school for which the governing body has been reconstituted or the charter contract terminated or restarted in accordance with NRS 388A.285, 388A.300 or 388A.330, as applicable, shall not be deemed to be in good standing unless the charter school is carrying out an improvement plan approved by the sponsor of the charter school and incorporated into the charter contract.

(Added to NRS by 2017, 3129; A 2017, 3406, 3408)

RESPONSE TO CRISIS, EMERGENCY OR SUICIDE

NRS 388.229 Definitions. As used in NRS 388.229 to 388.266, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.231 to 388.2359, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2001, 1323; A 2011, 1074; 2015, 199; 2017, 2728, 4013; 2019, 1763, 3239)—(Substituted in revision for NRS 392.600)

NRS 388.231 “Crisis” defined. “Crisis” means a traumatic and sudden event or emergency condition that:

1. Involves violence;

2. Profoundly and negatively affects or will affect pupils or employees of a public school, or both;

3. Occurs on the property of a public school, at an activity sponsored by a public school or on a school bus while the bus is engaged in its official duties for a public school; and

4. May involve serious injury or death.

(Added to NRS by 2001, 1323)—(Substituted in revision for NRS 392.604)

NRS 388.232 “Development committee” defined. [Replaced in revision by NRS 388.2335.]

NRS 388.233 “Emergency” defined. “Emergency” means an occurrence or threatened occurrence for which action is necessary to save lives, protect property or to protect the health and safety of persons, or to avert the threat of damage to property or injury to persons, on the property of a public school, at an activity sponsored by a public school or on a school bus while the bus is engaged in its official duties for a public school.

(Added to NRS by 2011, 1073)—(Substituted in revision for NRS 392.609)

NRS 388.2335 “Emergency operations plan development committee” defined. “Emergency operations plan development committee” means a committee established pursuant to NRS 388.241.

(Added to NRS by 2001, 1323; A 2021, 634)—(Substituted in revision for NRS 388.232)

NRS 388.234 “Local organization for emergency management” defined. “Local organization for emergency management” has the meaning ascribed to it in NRS 414.036.

(Added to NRS by 2011, 1074)—(Substituted in revision for NRS 392.610)

NRS 388.2343 “Lockdown” defined. “Lockdown” means a circumstance in which the persons on school property are restricted to the interior of a school building and isolated from threats until the school property and surrounding vicinity are deemed to be secure by:

1. If the school district has school police officers, the chief of school police of the school district or a person designated by him or her; or

2. If the school district does not have school police officers, the school resource officer or a person designated by him or her or, if the school district does not have school resource officers, a local law enforcement agency.

(Added to NRS by 2017, 2727)

NRS 388.2345 “Public safety agency” defined. “Public safety agency” means:

1. A public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish and suppress fires;

2. A law enforcement agency as defined in NRS 277.035; or

3. An emergency medical service.

(Added to NRS by 2015, 198)

NRS 388.23457 “Public school” defined. “Public school” has the meaning ascribed to it in NRS 385.007.

(Added to NRS by 2017, 4011)

NRS 388.235 “School committee” defined. “School committee” means a committee established pursuant to NRS 388.247.

(Added to NRS by 2001, 1323)—(Substituted in revision for NRS 392.612)

NRS 388.2358 “School resource officer” defined. “School resource officer” means a school police officer, deputy sheriff or other peace officer employed by a local law enforcement agency who is assigned to duty at one or more schools, interacts directly with pupils and whose responsibilities include, without limitation, providing guidance and information to pupils, families and educational personnel concerning the avoidance and prevention of crime.

(Added to NRS by 2017, 2727; A 2019, 3239)

NRS 388.2359 “Suicide” defined. “Suicide” means the suicide of a pupil, teacher or other member of the community of a public school.

(Added to NRS by 2017, 4011)

NRS 388.241 Emergency operations plan development committee: Establishment by school districts and charter schools; membership; terms of members.

1. The board of trustees of each school district shall establish an emergency operations plan development committee to develop one plan, which constitutes the minimum requirements of a plan, to be used by all the public schools other than the charter schools in the school district in responding to a crisis, emergency or suicide and all other hazards. The governing body of each charter school shall establish an emergency operations plan development committee to develop a plan, which constitutes the minimum requirements of a plan, to be used by the charter school in responding to a crisis, emergency or suicide and all other hazards.

2. The membership of an emergency operations plan development committee must consist of:

(a) At least one member of the board of trustees or of the governing body that established the committee;

(b) At least one administrator of a school in the school district or of the charter school;

(d) At least one employee of a school in the school district or of the charter school who is not a licensed teacher and who is not responsible for the administration of the school;

(e) At least one parent or legal guardian of a pupil who is enrolled in a school in the school district or in the charter school and who is not an employee of the school district or charter school;

(f) At least one representative of a local law enforcement agency in the county in which the school district or charter school is located;

(g) At least one school police officer, including, without limitation, a chief of school police of the school district if the school district has school police officers;

(h) At least one representative of a state or local organization for emergency management;

(i) At least one representative of the county or district board of health in the county in which the school district or charter school is located, designated by the county or district board of health; and

(j) At least one mental health professional, including, without limitation:

(1) A counselor of a school in the school district or of the charter school;

(2) A psychologist of a school in the school district or of the charter school; or

(3) A licensed social worker of a school in the school district or of the charter school.

3. The membership of an emergency operations plan development committee may also include any other person whom the board of trustees or the governing body deems appropriate, including, without limitation:

(a) A pupil in grade 10 or higher of a school in the school district or a pupil in grade 10 or higher of the charter school if a school in the school district or the charter school includes grade 10 or higher; and

(b) An attorney or judge who resides or works in the county in which the school district or charter school is located.

4. The board of trustees of each school district and the governing body of each charter school shall determine the term of each member of the emergency operations plan development committee that it establishes. Each emergency operations plan development committee may adopt rules for its own management and government.

(Added to NRS by 2001, 1323; A 2011, 1074; 2017, 4013; 2019, 3239; 2021, 634)

1. Each emergency operations plan development committee established by the board of trustees of a school district shall develop one plan, which constitutes the minimum requirements of a plan, to be used by all the public schools other than the charter schools in the school district in responding to a crisis, emergency or suicide and all other hazards. Each emergency operations plan development committee established by the governing body of a charter school shall develop a plan, which constitutes the minimum requirements of a plan, to be used by the charter school in responding to a crisis, emergency or suicide and all other hazards. Each emergency operations plan development committee shall, when developing the plan:

(a) Consult with local social service agencies and local public safety agencies in the county in which its school district or charter school is located.

(b) If the school district has an emergency manager designated pursuant to NRS 388.262, consult with the emergency manager.

(c) If the school district has school resource officers, consult with the school resource officer or a person designated by him or her.

(d) If the school district has school police officers, consult with the chief of school police of the school district or a person designated by him or her.

(e) Consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Office of the Military or his or her designee.

(f) Consult with the State Fire Marshal or his or her designee and a representative of a local government responsible for enforcement of the ordinances, codes or other regulations governing fire safety.

(g) Determine which persons and organizations in the community, including, without limitation, a provider of mental health services which is operated by a state or local agency, that could be made available to assist pupils and staff in recovering from a crisis, emergency or suicide.

2. The plan developed pursuant to subsection 1 must include, without limitation:

(a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 388.253;

(b) A procedure for responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of a school in the school district or the charter school;

(c) A procedure for enforcing discipline within a school in the school district or the charter school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency;

(d) The names of persons and organizations in the community, including, without limitation, a provider of mental health services which is operated by a state or local agency, that are available to provide counseling and other services to pupils and staff of the school to assist them in recovering from a crisis, emergency or suicide;

(e) A plan for making the persons and organizations described in paragraph (d) available to pupils and staff after a crisis, emergency or suicide;

(f) A procedure for responding to a crisis or an emergency that occurs during an extracurricular activity which takes place on school grounds;

(g) A plan which includes strategies to assist pupils and staff at a school in recovering from a suicide;

(h) A description of the organizational structure which ensures there is a clearly defined hierarchy of authority and responsibility used by the school for the purpose of responding to a crisis, emergency or suicide;

(i) If the school district has school police officers, a plan to coordinate with local law enforcement agencies to train school police officers in active assailant movement techniques;

(j) A plan to coordinate with local law enforcement agencies or public safety organizations to provide active assailant trainings to each employee of the school;

(k) A plan to provide support to:

(1) Pupils who have experienced a crisis or emergency by using trauma-informed and age-appropriate resources; and

(2) Members of the faculty and staff who have experienced a crisis or emergency by using trauma-informed resources;

(l) A plan to ensure that members of the faculty and staff and a pupil’s parents or legal guardians are notified of the occurrence, development and conclusion of a crisis or an emergency through any communication method established by a school, including, without limitation, communicating through text message or electronic mail; and

(m) A plan to inform, at least twice each academic year, a pupil’s parent or legal guardian of any state requirement related to the storage of firearms, including, without limitation, the crimes and penalties described in subsection 5 of NRS 202.300 and 202.3623.

3. Each emergency operations plan development committee shall provide for review a copy of the plan that it develops pursuant to this section to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

4. The board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submit for review to the Division of Emergency Management of the Office of the Military the plan developed pursuant to this section.

5. Except as otherwise provided in NRS 388.249 and 388.251, each public school must comply with the plan developed for it pursuant to this section.

6. As used in this section:

(a) “Active assailant movement techniques” means any training in the technical and tactical skills necessary for school police officers to respond to a crisis or emergency concerning an active assailant.

(b) “Active assailant training” means any training in responding to a crisis or emergency concerning an active assailant that is necessary to evacuate or secure the school.

(Added to NRS by 2001, 1324; A 2011, 1075; 2015, 199; 2017, 2729, 4014; 2019, 3240; 2021, 635, 2092; 2023, 2841)

NRS 388.245 Annual review and update of plan; maintenance, posting and distribution of plan; annual training for school employees in responding to crisis or emergency; acceptance of gifts and grants.

1. Each emergency operations plan development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 388.243. In reviewing and updating the plan, the emergency operations plan development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Office of the Military or his or her designee.

2. On or before August 1 of each year, each emergency operations plan development committee shall provide an updated copy of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

3. On or before August 15 of each year, the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submit for review to the Division of Emergency Management of the Office of the Military the plan updated pursuant to subsection 1.

4. The board of trustees of each school district and the governing body of each charter school shall:

(a) Post a notice of the completion of each review and update that its emergency operations plan development committee performs pursuant to subsection 1 on the Internet website maintained by the school district or governing body and by each school in the school district or by the charter school, as applicable;

(b) File with the Department a copy of the notice posted pursuant to paragraph (a);

(c) Post a link to NRS 388.229 to 388.266, inclusive, on the Internet website maintained by each school in its school district or by the charter school;

(d) Retain a copy of each plan developed pursuant to NRS 388.243, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 388.251;

(e) Provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to:

(1) Each local public safety agency in the county in which the school district or charter school is located; and

(2) The local organization for emergency management, if any;

(f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;

(g) Provide a copy of each deviation approved pursuant to NRS 388.251 as soon as practicable to:

(1) The Department;

(2) A local public safety agency in the county in which the school district or charter school is located;

(3) The Division of Emergency Management of the Office of the Military;

(4) The local organization for emergency management, if any;

(5) A local agency that is included in the plan; and

(6) An employee of a school who is included in the plan; and

(h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.

5. The board of trustees of each school district and the governing body of each charter school may apply for and accept gifts, grants and contributions from any public or private source to carry out the provisions of NRS 388.229 to 388.266, inclusive.

(Added to NRS by 2001, 1325; A 2011, 1075; 2015, 200; 2017, 2729, 4015; 2019, 2466, 3242; 2021, 636, 2093; 2023, 69)

NRS 388.246 Report on compliance with requirements concerning plan; random audits of plan. The Division of Emergency Management of the Office of the Military:

1. Shall prepare a report regarding the extent to which:

(a) The board of trustees of each school district, governing body of a charter school and each public school has complied with the provisions of NRS 388.243 and 388.245; and

(b) Each private school has complied with the provisions of NRS 394.1687 and 394.1688;

2. Shall, on or before January 1 of each year, submit the report prepared pursuant to subsection 1 to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Joint Interim Standing Committee on Education; and

3. May conduct on a random basis audits of any plan submitted pursuant to NRS 388.243 and 388.245.

(Added to NRS by 2019, 3232; A 2021, 2094)

NRS 388.247 School committee: Establishment; membership; terms of members.

1. The principal of each public school shall establish a school committee to review the plan developed pursuant to NRS 388.243 and make recommendations pursuant to NRS 388.249.

2. The membership of a school committee must consist of:

(a) The principal of the school;

(b) Two licensed employees of the school;

(c) One employee of the school who is not a licensed employee and who is not responsible for the administration of the school;

(d) One school police officer of the school if the school has school police officers; and

(e) One parent or legal guardian of a pupil who is enrolled in the school.

3. The membership of a school committee may also include any other person whom the principal of the school deems appropriate, including, without limitation:

(a) A member of the board of trustees of the school district in which the school is located or a member of the governing body of the charter school;

(b) A counselor of the school;

(d) A licensed social worker of the school;

(e) A representative of a local law enforcement agency in the county, city or town in which the school is located;

(f) The State Fire Marshal or his or her designee or a representative of a local government responsible for enforcement of the ordinances, codes or other regulations governing fire safety; and

(g) A pupil in grade 7 or higher from the school if the school includes grade 7 or higher.

4. The principal of a public school, including, without limitation, a charter school, shall determine the term of each member of the school committee. Each school committee may adopt rules for its own management and government.

(Added to NRS by 2001, 1326; A 2017, 4016; 2019, 3243)—(Substituted in revision for NRS 392.628)

NRS 388.249 School committee: Annual review of plan prepared by emergency operations plan development committee; determination whether to request deviation from plan; notice of review.

1. Each school committee shall, at least once each year, review the plan developed pursuant to NRS 388.243 and determine whether the school should deviate from the plan.

2. Each school committee shall, when reviewing the plan, consider the specific needs and characteristics of the school, including, without limitation, the length of time for law enforcement to respond to the school and for a fire-fighting agency to respond to a fire, explosion or other similar emergency.

3. If a school committee determines that the school should deviate from the plan, the school committee shall notify the emergency operations plan development committee that developed the plan, describe the proposed deviation and explain the reason for the proposed deviation. The school may deviate from the plan only if the deviation is approved by the emergency operations plan development committee pursuant to NRS 388.251.

4. Each public school shall post on the Internet website maintained by the school a notice of the completion of each review that the school committee performs pursuant to this section.

(Added to NRS by 2001, 1326; A 2011, 1076; 2017, 4017; 2019, 3243; 2021, 637, 2094)

1. An emergency operations plan development committee that receives a proposed deviation from a school committee pursuant to NRS 388.249 shall, within 60 days after it receives the proposed deviation:

(a) Review the proposed deviation and any information submitted with the proposed deviation; and

(b) Notify the school committee that submitted the proposed deviation whether the proposed deviation has been approved.

2. An emergency operations plan development committee shall provide a copy of each deviation that it approves pursuant to this section to the board of trustees of the school district that established the committee or to the governing body of the charter school that established the committee.

(Added to NRS by 2001, 1326; A 2021, 638)

1. The Department shall, with assistance from other state agencies, including, without limitation, the Division of Emergency Management of the Office of the Military and the Investigation Division and the Nevada Highway Patrol Division of the Department of Public Safety, develop a model plan for the management of:

(a) A suicide;

(b) A crisis or emergency that involves a public school or a private school and that requires immediate action; and

2. The model plan must include, without limitation, a procedure for:

(a) In response to a crisis or emergency:

(1) Coordinating the resources of local, state and federal agencies, officers and employees, as appropriate;

(2) Accounting for all persons within a school;

(3) Assisting persons within a school in a school district, a charter school or a private school to communicate with each other;

(4) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of such a school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;

(5) Assisting pupils of a school in the school district, a charter school or a private school, employees of such a school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school;

(6) Reunifying a pupil with his or her parent or legal guardian;

(7) Providing any necessary medical assistance;

(8) Recovering from a crisis or emergency;

(9) Carrying out a lockdown at a school;

(10) Providing shelter in specific areas of a school; and

(11) Providing disaster behavioral health related to a crisis, emergency or suicide;

(b) Providing specific information relating to managing a crisis or emergency that is a result of:

(1) An incident involving hazardous materials;

(2) An incident involving mass casualties;

(3) An incident involving an active shooter;

(4) An incident involving a fire, explosion or other similar situation;

(5) An outbreak of disease, including, without limitation, an epidemic;

(6) Any threat or hazard identified in the hazard mitigation plan of the county in which the school district is located, if such a plan exists; or

(7) Any other situation, threat or hazard deemed appropriate;

(c) Providing pupils and staff at a school that has experienced a crisis or emergency with access to counseling and other resources to assist in recovering from the crisis or emergency;

(d) Evacuating pupils and employees of a charter school to a designated space within an identified public middle school, junior high school or high school in a school district that is separate from the general population of the school and large enough to accommodate the charter school, and such a space may include, without limitation, a gymnasium or multipurpose room of the public school;

(e) Selecting an assessment tool which assists in responding to a threat against the school by a pupil or pupils;

(f) On an annual basis, providing drills to instruct pupils in the appropriate procedures to be followed in response to a crisis or an emergency. Such drills must occur:

(1) At different times during normal school hours; and

(2) In cooperation with other state agencies, pursuant to this section.

(g) Responding to a suicide or attempted suicide to mitigate the effects of the suicide or attempted suicide on pupils and staff at the school, including, without limitation, by making counseling and other appropriate resources to assist in recovering from the suicide or attempted suicide available to pupils and staff;

(h) Providing counseling and other appropriate resources to pupils and school staff who have contemplated or attempted suicide;

(i) Outreach to persons and organizations located in the community in which a school that has had a suicide by a pupil, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the response to the suicide;

(j) Addressing the needs of pupils at a school that has experienced a crisis, emergency or suicide who are at a high risk of suicide, including, without limitation, pupils who are members of the groups described in subsection 3 of NRS 388.256; and

(k) Responding to a pupil who is determined to be a person in mental health crisis, as defined in NRS 433A.0175, including, without limitation:

(1) Utilizing mobile mental health crisis response units, where available, before transporting the pupil to a public or private mental health facility pursuant to subparagraph (2); and

(2) Transporting the pupil to a public or private mental health facility or hospital for placement on a mental health crisis hold pursuant to NRS 433A.160.

3. In developing the model plan, the Department shall consider the plans developed pursuant to NRS 388.243 and 394.1687 and updated pursuant to NRS 388.245 and 394.1688.

4. The Department shall require a school district to ensure that each public school in the school district identified pursuant to paragraph (d) of subsection 2 is prepared to allow a charter school to evacuate to the school when necessary in accordance with the procedure included in the model plan developed pursuant to subsection 1. A charter school shall hold harmless, indemnify and defend the school district to which it evacuates during a crisis or an emergency against any claim or liability arising from an act or omission by the school district or an employee or officer of the school district.

5. The Department may disseminate to any appropriate local, state or federal agency, officer or employee, as the Department determines is necessary:

(a) The model plan developed by the Department pursuant to subsection 1;

(b) A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245;

(d) A deviation approved pursuant to NRS 388.251 or 394.1692.

6. The Department shall, at least once each year, review and update as appropriate the model plan developed pursuant to subsection 1.

(Added to NRS by 2001, 1327; A 2011, 1077; 2015, 201; 2017, 210, 2730, 4017; 2019, 1764, 2616, 3244; 2021, 638, 2095, 3108)

NRS 388.255 State Board: Adoption of regulations concerning development of plans; review of proposed deviations and requirements for training.

1. The State Board shall adopt regulations setting forth requirements for:

(a) The plan required to be developed pursuant to NRS 388.243; and

(b) Reviewing and approving a deviation pursuant to NRS 388.251.

2. The regulations adopted pursuant to this section must include, without limitation, requirements concerning training and practice in procedures for responding to a crisis, emergency or suicide.

(Added to NRS by 2001, 1327; A 2011, 1077; 2017, 4018)—(Substituted in revision for NRS 392.644)

1. The board of trustees of each school district, the governing body of each charter school that provides instruction to pupils in grades 7 to 12, inclusive, and the governing body of each university school for profoundly gifted pupils shall, in consultation with pupils, parents or guardians of pupils, school employees, persons who provide mental health services to pupils, persons and organizations with expertise in the prevention of suicide and other interested persons and entities:

(a) Adopt a policy for the prevention of suicide in grades 7 to 12, inclusive; and

(b) Review the policy at least once every 5 years and update the policy as necessary.

2. The policy adopted pursuant to subsection 1 must include, without limitation:

(a) Procedures for the prevention of suicide and intervention with a pupil who is at risk of suicide;

(b) Procedures for outreach to persons and organizations in the community in which the school is located, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the prevention of suicide or intervention with a pupil who is at risk of suicide; and

(1) Must include, without limitation, instruction concerning the identification of:

(I) Appropriate mental health services at the school and in the community in which the school is located and when and how to refer pupils and their families for such services; and

(II) Other persons and organizations in the community in which the school is located, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the response to a suicide.

(2) May include, without limitation, the review of appropriate materials concerning the prevention of suicide or participation in the program of training established pursuant to paragraph (d) of subsection 1 of NRS 388.1342.

3. The policy adopted pursuant to subsection 1 must address the needs of groups of pupils at a high risk of suicide, including, without limitation:

(a) Pupils affected by a suicide;

(b) Pupils with disabilities, mental illness or substance use disorders;

(c) Pupils who reside in settings other than a traditional home, including, without limitation, foster care and homelessness;

(d) Lesbian, gay, bisexual, transgender or questioning pupils; and

(e) Any other group that scientific research indicates to be at a high risk of suicide.

4. The policy adopted pursuant to subsection 1 must not require or authorize a school employee to provide services which he or she is not licensed to provide, including, without limitation, services related to the diagnosis and treatment of mental illness.

5. The Department, in consultation with the Office for a Safe and Respectful Learning Environment created by NRS 388.1323 and the Statewide Program for Suicide Prevention created by NRS 439.511, shall develop a model policy on the prevention of suicide in grades 7 to 12, inclusive, to provide guidance to:

(a) Boards of trustees of school districts and governing bodies of charter schools and university schools for profoundly gifted pupils in the adoption of policies pursuant to subsection 1; and

(b) Governing bodies of private schools in the adoption of policies pursuant to NRS 394.1693.

6. The Department, each school district and each public school that maintains an Internet website shall post on the Internet website maintained by the Department, school district or public school, as applicable, a link to the Internet or network site maintained by the Coordinator of the Statewide Program for Suicide Prevention pursuant to NRS 439.511.

(Added to NRS by 2019, 1760)

NRS 388.2565 Training for school resource officers in prevention of suicide. The board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils shall:

1. Ensure that each school resource officer receives training in the prevention of suicide; and

2. Allow a school resource officer to complete the training required by subsection 1 electronically and during working hours.

(Added to NRS by 2019, 1762)

1. If a crisis or an emergency that requires immediate action occurs at a public school or a suicide occurs, the principal of the school involved, or the principal’s designated representative, shall, in accordance with the plan developed for the school pursuant to NRS 388.243 and in accordance with any deviation approved pursuant to NRS 388.251, contact all appropriate local agencies, including, without limitation, a provider of mental health services which is operated by a state or local agency, to respond to the crisis, emergency or suicide.

2. If a local agency that is responsible for responding to a crisis or an emergency is contacted pursuant to subsection 1 and the local agency determines that the crisis or the emergency requires assistance from a state agency, the local agency may:

(a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the Office of the Military of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency; or

(b) If a local organization for emergency management has not been established in the city or county in which the local agency that was contacted is located, directly notify the Division of Emergency Management of the Office of the Military of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency.

3. If the Division of Emergency Management of the Office of the Military receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s designated representative determines that the crisis or the emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the model plan developed pursuant to NRS 388.253 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.

4. If a local law enforcement agency responds to a crisis, emergency or suicide that occurs at a public school or notifies a public school regarding a crisis, emergency or suicide that occurs outside of the public school, the local law enforcement agency must consider whether it is necessary and appropriate to notify any other public school or any private school of the crisis, emergency or suicide. Such notification must include, without limitation, any information necessary for the public school or private school to appropriately respond to the crisis, emergency or suicide.

(Added to NRS by 2001, 1327; A 2011, 1077; 2015, 202, 1739; 2017, 4018; 2021, 2097)

NRS 388.259 Confidentiality of plans, approved deviations and certain other information. A plan developed or approved pursuant to NRS 388.243 or updated or approved pursuant to NRS 388.245, a deviation and any information submitted to an emergency operations plan development committee pursuant to NRS 388.249, a deviation approved pursuant to NRS 388.251 and the model plan developed pursuant to NRS 388.253 are confidential and, except as otherwise provided in NRS 239.0115, 388.229 to 388.266, inclusive, and 393.045 must not be disclosed to any person or government, governmental agency or political subdivision of a government.

(Added to NRS by 2001, 1328; A 2007, 2100; 2015, 202; 2017, 2731, 4019; 2019, 1062, 3245; 2021, 640)

1. An emergency operations plan development committee;

2. A school committee;

3. The board of trustees of a school district or governing body of a charter school if the meeting concerns the review of a plan submitted pursuant to subsection 3 of NRS 388.243 or a summary presented or provided pursuant to paragraph (e) or (i) of subsection 2 of NRS 388.910;

4. The State Board if the meeting concerns a regulation adopted pursuant to NRS 388.255;

5. The Department of Education if the meeting concerns the model plan developed pursuant to NRS 388.253; or

6. The Division of Emergency Management of the Office of the Military if the meeting concerns the review of a plan developed pursuant to NRS 388.243 or the review of a plan updated pursuant to NRS 388.245.

(Added to NRS by 2001, 1328; A 2015, 203; 2019, 3246; 2021, 640, 2098)

NRS 388.262 Designation of emergency manager. Each school district in a county whose population is 100,000 or more shall designate a full-time employee to serve as an emergency manager whose job responsibilities are focused solely on the planning and coordination of available resources for the mitigation of, preparation and training for, response to and recovery from emergencies or crises.

(Added to NRS by 2017, 2727)

1. The board of trustees of each school district and the governing body of each charter school shall consult with the person described in subsection 2 or 3, as applicable, regarding safety in schools before:

(a) Designing, constructing or purchasing new buildings for schools or related facilities;

(b) Enlarging, remodeling or renovating existing buildings for schools or related facilities; or

2. In a county whose population is 100,000 or more, the board of trustees of a school district or the governing body of a charter school that plans to take an action described in subsection 1 shall consult with the emergency manager designated pursuant to NRS 388.262 or, if the school district has school police officers, the chief of school police of the school district or a person designated by him or her.

3. In a county whose population is less than 100,000, the board of trustees of a school district or the governing body of a charter school that plans to take an action described in subsection 1 shall consult with:

(a) If the school district has school police officers, the chief of school police of the school district or a person designated by him or her or, if the school district has designated a full-time employee to serve as an emergency manager, the emergency manager; or

(b) If the county has not designated a full-time employee to serve as an emergency manager and does not have school police officers, the Division of Emergency Management of the Office of the Military.

(Added to NRS by 2017, 2727; A 2021, 2098)

1. The Department of Education shall, at least once each year, coordinate with the Division of Emergency Management of the Office of the Military, any emergency manager designated pursuant to NRS 388.262, any chief of police of a school district that has police officers and any school resource officer to conduct a conference regarding safety in public schools.

2. The board of trustees of each school district shall designate persons to attend the conference held pursuant to subsection 1. The persons so designated must include, without limitation:

(a) An administrator from the school district;

(b) If the school district has school resource officers, a school resource officer or a person designated by him or her;

(c) If the school district has school police officers, the chief of school police of the school district or a person designated by him or her; and

(d) If the school district has an emergency manager designated pursuant to NRS 388.262, the emergency manager.

3. The conference conducted pursuant to subsection 1 may be attended by:

(a) A licensed teacher of a school or charter school;

(b) Educational support personnel employed by a school district or charter school;

(d) An employee of a local law enforcement agency; and

(e) A person employed or appointed to serve as a school police officer.

4. The State Public Charter School Authority shall annually, at a designated meeting of the State Public Charter School Authority or at a workshop or conference coordinated by the State Public Charter School Authority, discuss safety in charter schools. The governing body of each charter school shall designate persons to attend a meeting, workshop or conference at which such a discussion will take place pursuant to this subsection.

(Added to NRS by 2017, 2728; A 2019, 3246; 2021, 2099)

NRS 388.266 Block grants to employ or contract with social workers and other mental health workers. To the extent that money is available for the purpose, the Department shall:

1. Develop and carry into effect a program of block grants for the purposes described in subsection 2; and

2. Make and administer block grants to school districts and charter schools to employ or contract with social workers and other mental health workers in schools with identified needs.

(Added to NRS by 2017, 2728)

PRIVACY OF DATA CONCERNING PUPILS

Duties of Department, Board of Trustees and Governing Body

NRS 388.267 Department to establish, review and update policies and procedures to ensure privacy of data concerning pupils.

1. The Department shall adopt any policies and procedures necessary to ensure the privacy of data concerning pupils which are consistent with relevant state and federal privacy laws, including, without limitation, the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto.

2. At least once each biennium, the Department shall review and revise as necessary the policies and procedures described in subsection 1.

(Added to NRS by 2015, 2973)

NRS 388.268 Department to establish, publish and make available on its Internet website index of data elements for automated system of accountability information for Nevada; biennial update.

1. The Department shall establish, publish and make publicly available on its Internet website:

(a) An index of the data elements that the Department maintains or proposes to include in the automated system of accountability information for Nevada established pursuant to NRS 385A.800, including, without limitation:

(1) Data concerning individual pupils; and

(2) Aggregated data concerning pupils within a defined group.

(b) An explanation of the index of data elements established pursuant to paragraph (a), which must include, without limitation:

(1) A description of each data element concerning each individual pupil;

(2) The reason for collecting or proposing to collect each data element concerning each individual pupil; and

(3) The third-party service providers, organizations and agencies that have access to the data concerning individual pupils maintained by the Department in the automated system of accountability information for Nevada established pursuant to NRS 385A.800.

2. At least once each biennium, the Department shall update the information described in subsection 1.

(Added to NRS by 2015, 2973)

NRS 388.269 Board of trustees and governing body required to establish, publish and make publicly available certain information concerning data transferred to automated system of accountability for Nevada. The board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils shall establish, publish and make publicly available:

1. An index of categories of data, including, without limitation, data concerning individual pupils and aggregated data concerning pupils within a defined group transferred to the automated system of accountability information for Nevada established pursuant to NRS 385A.800; and

2. A list of the third-party service providers, organizations and agencies that have access to data concerning individual pupils maintained by the Department in the automated system of accountability information for Nevada established pursuant to NRS 385A.800.

(Added to NRS by 2015, 2975)

NRS 388.271 Board of trustees and governing body to adopt policies and procedures governing use of certain software and manner in which data concerning pupils may be provided in certain circumstances. The board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils shall adopt policies and procedures governing:

1. The use by teachers and other educational personnel of software offered to users free of charge for basic services, but that requires users to pay for any additional or premium proprietary features, functionality or virtual goods; and

2. The manner in which data concerning pupils may be provided to a person when the provision of such data is not expressly authorized by the board of trustees or governing body, as applicable.

(Added to NRS by 2015, 2976)

NRS 388.272 Required provisions for contracts that provide for disclosure of data that includes personally identifiable information of pupil.

1. Any contract entered into by the Department, a school district, a sponsor of a charter school, the governing body of a university school for profoundly gifted pupils or any public school that provides for the disclosure of data that includes any personally identifiable information of a pupil must include, without limitation:

(a) Provisions specifically to protect the privacy and security of the personally identifiable information; and

(b) A penalty for intentional or grossly negligent noncompliance with the terms of the contract, including, without limitation, provisions for termination of the contract and for the payment of monetary damages for any breach of the terms of the contract.

2. As used in this section, “personally identifiable information” has the meaning ascribed to it in 34 C.F.R. § 99.3.

(Added to NRS by 2015, 2974)

1. The Department, in consultation with each school district, the sponsor of each charter school and the governing body of a university school for profoundly gifted pupils shall adopt a detailed plan to provide for the security of any data concerning pupils that is collected, maintained and transferred by the Department.

2. The board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils shall comply with and carry out the data security plan adopted by the Department pursuant to subsection 1.

3. Each school district, sponsor of a charter school and university school for profoundly gifted pupils shall prepare and submit to the Department an annual report concerning any significant changes to the manner in which the school district, charter school or university school for profoundly gifted pupils collects, maintains or transfers data concerning pupils for inclusion in the annual report prepared by the Department pursuant to NRS 385.230.

(Added to NRS by 2015, 2974)

School Service Providers

NRS 388.281 Definitions. As used in NRS 388.281 to 388.296, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.282 to 388.285, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2015, 1850)

NRS 388.282 “Personally identifiable information” defined. “Personally identifiable information” has the meaning ascribed to it in 34 C.F.R. § 99.3.

(Added to NRS by 2015, 1850)

NRS 388.283 “School service” defined.

1. “School service” means an Internet website, online service or mobile application that:

(a) Collects or maintains personally identifiable information concerning a pupil;

(b) Is used primarily for educational purposes; and

(c) Is designed and marketed for use in public schools and is used at the direction of teachers and other educational personnel.

2. The term does not include:

(a) An Internet website, online service or mobile application that is designed or marketed for use by a general audience, even if the school service is also marketed to public schools;

(b) An internal database, system or program maintained or operated by a school district, charter school or university school for profoundly gifted pupils;

(1) Been designated by a school district, the sponsor of a charter school, the governing body of a university school for profoundly gifted pupils or the Department as a school official pursuant to the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g;

(2) Entered into a contract with the school district, the sponsor of a charter school, the governing body of a university school for profoundly gifted pupils or the Department; and

(3) Agreed to comply with and be subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, relating to personally identifiable information;

(d) Any examinations administered pursuant to NRS 390.105 or the college and career readiness assessment administered pursuant to NRS 390.610; or

(e) Any instructional programs purchased by a school district, a charter school, the governing body of a university school for profoundly gifted pupils or the Department.

(Added to NRS by 2015, 1850; A 2017, 3233)

NRS 388.284 “School service provider” defined. “School service provider” means a person that operates a school service, to the extent the provider is operating in that capacity.

(Added to NRS by 2015, 1851)

NRS 388.285 “Targeted advertising” defined. “Targeted advertising” means presenting advertisements to a pupil where the advertisement is selected based on information obtained or inferred from the online behavior of a pupil, the use of applications by a pupil or personally identifiable information concerning a pupil. The term does not include advertising to a pupil at an online location based upon the current visit to the location by the pupil or a single search query without the collection and retention of the online activities of a pupil over time.

(Added to NRS by 2015, 1851)

1. Before the persons or governmental entities described in subsection 3 begin using a school service, a school service provider must provide a written disclosure to such persons or governmental entities in language that is easy to understand, which includes, without limitation:

(a) The types of personally identifiable information collected by the school service provider and the manner in which such information is used; and

(b) A description of the plan for the security of data concerning pupils which has been established by the school service provider pursuant to NRS 388.293.

2. Before a school service provider makes a material change to the plan for the security of data concerning pupils established pursuant to NRS 388.293, the school service provider must provide notice to the persons or governmental entities set forth in subsection 3.

3. The disclosure or notice provided pursuant to subsection 1 or 2, as applicable, must be provided to:

(a) The board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils, as applicable, that uses the school service of the school service provider; and

(b) Any teacher who uses the school service.

4. A school service provider shall:

(a) Allow a pupil who is at least 18 years of age and the parent or legal guardian of any pupil to review personally identifiable information concerning the pupil that is maintained by the school service provider; and

(b) Establish a process, in accordance with any contract governing the activities of a school service provider and which is consistent with the provisions of NRS 388.281 to 388.296, inclusive, for the correction of such information upon the request of:

(1) A pupil who is at least 18 years of age or the parent or legal guardian of any pupil; or

(2) The teacher of the pupil or the board of trustees of the school district in which the school that the pupil attends is located, the governing body of the charter school that the pupil attends or the governing body of the university school for profoundly gifted pupils that the pupil attends, as applicable.

(Added to NRS by 2015, 1851)

1. Except as otherwise provided in subsections 2 and 5, a school service provider may collect, use, allow access to or transfer personally identifiable information concerning a pupil only:

(a) For purposes inherent to the use of a school service by a teacher in a classroom or for the purposes authorized by the board of trustees of the school district in which the school that the pupil attends is located, the governing body of the charter school that the pupil attends or the governing body of the university school for profoundly gifted pupils that the pupil attends, as applicable, so long as it is authorized by federal and state law;

(b) If required by federal or state law;

(d) To protect the safety of a user of the school service; or

(e) With the consent of any person required in a policy of the school district, charter school or university school for profoundly gifted pupils, as applicable, or, if none, with the consent of the pupil, if the pupil is at least 18 years of age, or the parent or legal guardian of the pupil if the pupil is less than 18 years of age.

2. A school service provider may transfer personally identifiable information concerning a pupil to a third-party service provider if the school service provider provides notice to any person designated in a policy of the school district, charter school or university school for profoundly gifted pupils, as applicable, to receive such notice or, if none, to the pupil, if the pupil is at least 18 years of age, or the parent or guardian of the pupil and:

(a) Contractually prohibits the third-party service provider from using any such information for any purpose other than providing the contracted school services to, or on behalf of, the school service provider;

(b) Prohibits the third-party service provider from disclosing any personally identifiable information concerning a pupil unless the disclosure is authorized pursuant to subsection 1; and

3. A school service provider shall delete any personally identifiable information concerning a pupil that is collected or maintained by the school service provider and that is under the control of the school service provider within a reasonable time not to exceed 30 days after receiving a request from the board of trustees of the school district in which the school that the pupil attends is located, the governing body of the charter school that the pupil attends or the governing body of the university school for profoundly gifted pupils that the pupil attends, as applicable. The board of trustees or the governing body, as applicable, must have a policy which allows a pupil who is at least 18 years of age or the parent or legal guardian of any pupil to review such information and request that such information about the pupil be deleted. The school service provider shall delete such information upon the request of the parent or legal guardian of a pupil if no such policy exists.

4. Any agreement entered into by a school service provider that provides for the disclosure of personally identifiable information must require that the person or governmental entity to whom the information will be disclosed abide by the requirements imposed pursuant to this section.

5. A school service provider shall not:

(a) Use personally identifiable information to engage in targeted advertising within the school service or on any other Internet website, online service or mobile application if the targeted advertising is based upon any information acquired from use of the school service.

(b) Except as otherwise provided in this paragraph, sell personally identifiable information concerning a pupil. A school service provider may transfer personally identifiable information concerning pupils to an entity that purchases, merges with or otherwise acquires the school service and the acquiring entity becomes subject to the requirements of NRS 388.281 to 388.296, inclusive, and any contractual provisions between the school service provider and the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils, as applicable, governing such information.

(c) Use personally identifiable information concerning a pupil to create a profile of the pupil for any purpose not related to the instruction of the pupil provided by the school without the consent of the appropriate person described in paragraph (e) of subsection 1.

(d) Use personally identifiable information concerning a pupil in a manner that is inconsistent with any contract governing the activities of the school service provider for the school service in effect at the time the information is collected or in a manner that violates any of the provisions of NRS 388.281 to 388.296, inclusive.

(e) Knowingly retain, without the consent of the appropriate person described in paragraph (e) of subsection 1, personally identifiable information concerning a pupil beyond the period authorized by the contract governing the activities of the school service provider.

6. This section does not prohibit the use of personally identifiable information concerning a pupil that is collected or maintained by a school service provider for the purposes of:

(a) Adaptive learning or providing personalized or customized education;

(b) Maintaining or improving the school service;

(d) Responding to a request for information by a pupil;

(e) Soliciting feedback regarding a school service;

(f) Performing research which:

(1) Is required by federal or state law; or

(2) Is authorized by federal or state law, is performed under the direction of a public school, school district or the Department and does not use any personally identifiable information concerning a pupil for any purpose relating to advertising or creating a profile of the pupil for any purpose not related to the instruction of the pupil; or

(g) Allowing a pupil who is at least 18 years of age or the parent or legal guardian of any pupil to download, transfer, or otherwise maintain data concerning a pupil.

7. A school service provider that violates the provisions of this section is subject to a civil penalty in an amount not to exceed $5,000 per violation. The Attorney General may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

(Added to NRS by 2015, 1852; A 2019, 3943)

NRS 388.293 Plan for security of data concerning pupils; successor entities of school service providers; notice of security breach.

1. A school service provider shall establish and carry out a detailed plan for the security of any data concerning pupils that is collected or maintained by the school service provider. The plan must include, without limitation:

(a) Procedures for protecting the security, privacy, confidentiality and integrity of personally identifiable information concerning a pupil; and

(b) Appropriate administrative, technological and physical safeguards to ensure the security of data concerning pupils.

2. A school service provider shall ensure that any successor entity understands that it is subject to the provisions of NRS 388.281 to 388.296, inclusive, and agrees to abide by all privacy and security commitments related to personally identifiable information concerning a pupil collected and maintained by the school service provider before allowing a successor entity to access such personally identifiable information.

3. A school service provider shall provide notice to a school district, charter school or university school for profoundly gifted pupils, as applicable, or a private school pursuant to NRS 394.1616, of any breach of the security of the system data in violation of the plan and any actions taken or being taken by the school service provider to address the breach. The notice must be provided as soon as practicable and without unreasonable delay.

4. A school district, charter school, university school for profoundly gifted pupils or private school that receives a notice pursuant to subsection 3 shall provide the notice to each pupil affected by the breach or, if a pupil is less than 18 years of age, the parent or legal guardian of the pupil. The notice must be provided as soon as practicable and without unreasonable delay.

5. As used in this section, “breach of the security of the system data” means unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of data concerning pupils that is collected or maintained by the school service provider. The term does not include the good faith acquisition of data concerning pupils by an employee or agent of the school service provider for a legitimate purpose of the school service provider, so long as the data is not used for a purpose unrelated to the school service provider or subject to further unauthorized disclosure.

(Added to NRS by 2015, 1854; A 2019, 3945)

NRS 388.294 Professional development regarding use of school service providers and security of data concerning pupils.

1. Each school district and the governing body of a charter school or a university school for profoundly gifted pupils, as applicable, shall annually provide professional development regarding the use of school service providers and the security of data concerning pupils.

2. Teachers and other licensed educational personnel employed by a school district, charter school or university school for profoundly gifted pupils shall complete the professional development provided pursuant to subsection 1.

(Added to NRS by 2015, 1854)

NRS 388.295 School service provider authorized to use and disclose certain aggregated information to develop, improve or demonstrate effectiveness of products or services. A school service provider may use and disclose information derived from personally identifiable information concerning a pupil to demonstrate the effectiveness of the products or services of the school service provider, including, without limitation, for use in advertising or marketing regarding the school service, and to develop and improve a school service or any other Internet website, online service or mobile application of the school service provider so long as the information is aggregated or is presented in a manner which does not disclose the identity of the pupil about whom the information relates.

(Added to NRS by 2015, 1854; A 2019, 3945)

NRS 388.2955 Duty of public school to provide information concerning school service providers and data security.

1. Before a public school, including, without limitation, a charter school and a university school for profoundly gifted pupils, allows a pupil to use any school service or provides a pupil with any technology, the public school must post on the Internet website of the public school information that:

(a) Summarizes the laws governing school service providers set forth in this section and NRS 388.281 to 388.296, inclusive;

(b) Lists each school service provider for the school;

(c) Confirms that each such school service provider for the school has created a plan for the security of any data concerning pupils, including, without limitation, covered information and personally identifiable information pursuant to NRS 388.293 and informs about the circumstances under which notification will be provided pursuant to that section if a breach of the security of the system data is discovered;

(d) Describes any other actions taken by the public school, the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable, to protect the security of any data collected by a school service provider, including, without limitation, covered information and personally identifiable information, concerning pupils; and

(e) Describes the manner in which a pupil or the parent or legal guardian of a pupil may report any suspicious activity relating to the use of a school service by a pupil.

2. At the beginning of each school year, each public school, including, without limitation, a charter school and a university school for profoundly gifted pupils, shall communicate to the pupils enrolled at the school and the parents and legal guardians of such pupils the availability of the information described in subsection 1 and the manner in which to locate the information.

3. As used in this section:

(a) “Covered information” means the personally identifiable information of a pupil or any information that is linked to the personally identifiable information of a pupil which is:

(1) Created by or provided to a school service provider by a pupil or the parent or legal guardian of a pupil through the use of a school service;

(2) Created by or provided to a school service provider by an employee of a public school, a school district or the governing body of a charter school; or

(3) Gathered by a school service provider from any other source and associated with the identity of a pupil.

(b) “Personally identifiable information” has the meaning ascribed to it in 34 C.F.R. § 99.3.

(d) “School service provider” has the meaning ascribed to it in NRS 388.284.

(Added to NRS by 2019, 3942)

NRS 388.296 Waiver or modification of any right, obligation or liability of provisions prohibited. A person or governmental entity may not waive or modify any right, obligation or liability set forth in NRS 388.281 to 388.296, inclusive. Any condition, stipulation or provision in a contract which seeks to do so or which in any way conflicts with the provisions of NRS 388.281 to 388.296, inclusive, is against public policy and is void and unenforceable.

(Added to NRS by 2015, 1854)

CAREER AND TECHNICAL EDUCATION

Administration of Career and Technical Education; Gift Fund for Career and Technical Education

NRS 388.340 Superintendent of Public Instruction to employ personnel for positions approved by State Board to carry out career and technical education. The Superintendent of Public Instruction shall, except as otherwise provided in NRS 388.342, employ personnel for such positions as are approved by the State Board and necessary to carry out properly the provisions of this title relating to career and technical education.

[270:32:1956]—(NRS A 1979, 1594; 1985, 812; 2005, 1047; 2013, 2772; 2017, 503)

NRS 388.342 Superintendent of Public Instruction to appoint person to oversee programs. The Superintendent of Public Instruction shall appoint a person to oversee programs of career and technical education.

(Added to NRS by 2013, 2770; A 2017, 503)

NRS 388.360 Powers of State Board. The State Board is hereby designated as the sole state agency responsible for the administration of career and technical education in the State of Nevada. The State Board may:

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

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

3. Establish policies and adopt regulations for the administration of money provided by the Federal Government and the State of Nevada for the promotion, extension and improvement of career and technical education in Nevada.

4. Establish policies or regulations and formulate plans for the promotion of career and technical education in such subjects as are an essential and integral part of the system of public education in the State of Nevada.

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

6. Approve positions for such persons as may be necessary to administer the federal act and provisions of this title enacted pursuant thereto for the State of Nevada.

7. Direct the Superintendent of Public Instruction to make studies and investigations relating to career and technical education.

8. Establish policies to promote and aid in the establishment by local communities of schools, departments or classes giving training in career and technical subjects.

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

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

11. Provide for the certification of such teachers, directors and supervisors.

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

13. Establish by regulation the qualifications required for persons engaged in the training of teachers for career and technical education.

[272:32:1956]—(NRS A 1957, 213; 1979, 1594; 1985, 812; 2005, 1048; 2017, 503)

NRS 388.365 Designation of Fund; use of money.

1. All gifts of money which the State Board is authorized to accept for career and technical education must be deposited in a permanent trust fund in the State Treasury designated as the Gift Fund for Career and Technical Education.

2. The money available in the Fund must be used only for the purpose specified by the donor, within the scope of the State Board’s powers and duties. The State Board may adopt regulations or establish policies for the disbursement of money from the Fund in accordance with the terms of the gift or bequest on warrants of the State Controller issued upon the orders of the Superintendent of Public Instruction. Any expenditures pursuant to this section may include matching state and federal money available for career and technical education.

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

(Added to NRS by 1960, 30; A 1971, 334; 1979, 619, 1595; 1983, 393; 1985, 813; 2005, 1049; 2017, 504)

Programs of Career and Technical Education

NRS 388.380 Establishment and maintenance of programs by school districts; endorsement on diploma indicating successful completion of program.

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

(a) Establish and maintain a program of career and technical education giving instruction in the subjects approved by the State Board.

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

2. A pupil who successfully completes a program of career and technical education and who otherwise satisfies the requirements for graduation from high school must be awarded a high school diploma with an endorsement indicating that the pupil has successfully completed the program of career and technical education. The provisions of this subsection do not preclude a pupil from receiving more than one endorsement on his or her diploma, if applicable.

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

(a) Guidance and counseling in career and technical education in accordance with NRS 389.041; and

(b) Technology.

4. The State Board shall adopt regulations prescribing the endorsement of career and technical education for a high school diploma.

[274:32:1956]—(NRS A 1957, 214; 1985, 813; 1991, 2086; 1999, 3257; 2005, 1049; 2017, 504)

NRS 388.385 Appointment of advisory technical skills committee by school districts; duties of committee; service without compensation.

1. If the board of trustees of a school district has established a program of career and technical education pursuant to NRS 388.380 and to the extent that money is available from this State or the Federal Government, the superintendent of schools of the school district or his or her designee shall:

(a) Appoint an advisory technical skills committee consisting of:

(1) Representatives of businesses and industries in the community or region;

(2) Employees of the school district who possess knowledge and experience in career and technical education;

(3) Pupils enrolled in programs of career and technical education in the school district;

(4) Parents and legal guardians of pupils enrolled in programs of career and technical education in the school district;

(5) Representatives of postsecondary educational institutions that provide career and technical education;

(6) Members of the Governor’s Workforce Development Board described in NRS 232.935 or local entities for the development of the workforce;

(7) Representatives of special populations, as defined in 20 U.S.C. § 2302;

(8) Representatives of regional or local agencies serving out-of-school youth, homeless children and youth and youth who are at risk, as defined in 20 U.S.C. § 6472;

(9) Representatives of Indian tribes and tribal organizations, where applicable; and

(10) Other interested stakeholders, as prescribed by regulation of the State Board; or

(b) Consult regularly with persons in each category listed in paragraph (a) to carry out the duties prescribed for an advisory technical skills committee in subsection 2.

2. An advisory technical skills committee established pursuant to paragraph (a) of subsection 1 shall meet regularly to:

(a) Provide input on updates to the comprehensive needs assessment conducted pursuant to 20 U.S.C. § 2354;

(b) Review the instructional supplies, equipment and operation of the program of career and technical education to determine its effectiveness in preparing pupils enrolled in the program to enter the workforce, apprenticeships or college and meet the needs of businesses and industries in the region concerning their workforce;

(c) Advise the school district regarding credentials that are valuable in relevant industries and trends in such industries;

(d) Provide technical assistance to the school district in designing and revising as necessary the curriculum for the program of career and technical education to meet the standards prescribed by the State Board; and

(e) In cooperation with businesses, industries, employer associations and employee organizations in the community, develop work-based learning experiences for pupils enrolled in the program of career and technical education. The work-based learning experiences must comply with the provisions of NRS 389.167.

3. The meetings of an advisory technical skills committee are not subject to the provisions of chapter 241 of NRS.

4. The members of an advisory technical skills committee serve without compensation.

(Added to NRS by 2005, 1046; A 2017, 505; 2021, 301; 2023, 353)

Money; Grants to School Districts, Charter Schools and Pupil Organizations

NRS 388.390 Certain school districts and charter schools entitled to share in available money. If the board of trustees of a school district or the governing body of a charter school organizes a program of career and technical education in accordance with the regulations adopted by the State Board and the program has been approved by the Superintendent of Public Instruction, the school district or the charter school is entitled to share in federal and state money available for the promotion of career and technical education in the amount determined by the Superintendent of Public Instruction, in accordance with NRS 388.390 to 388.397, inclusive, and the regulations and policies of the State Board.

[275:32:1956]—(NRS A 1979, 1596; 1985, 814; 1997, 1867; 2005, 1049; 2013, 2772; 2017, 505)

1. Of state money appropriated for use in a fiscal year for programs of career and technical education, the State Board shall not use more than 20 percent to provide leadership and training activities or workforce development activities, or both, in that fiscal year.

2. Before allocating state money, if any, to provide leadership and training activities or workforce development activities, or both, the State Board shall:

(a) Distribute 30 percent of the state money in the manner set forth in NRS 388.393; and

(b) Distribute not more than 5 percent of the state money to pupil organizations for career and technical education in the manner set forth in NRS 388.394.

3. After distributing the state money pursuant to subsection 2 and allocating state money, if any, to provide leadership and training activities or workforce development activities, or both, the State Board shall distribute the remainder of state money in the manner set forth in NRS 388.395.

4. The State Board shall request that representatives of the regional industry or sector partnerships established pursuant to subsection 2 of NRS 232.935 and the local workforce development boards provide recommendations to the Superintendent of Public Instruction on the awarding of grants pursuant to NRS 388.393.

5. As used in this section:

(a) “Leadership and training activities” means:

(1) Activities by or for pupil organizations for career and technical education;

(2) Training activities for teachers of classes or programs of career and technical education, including, without limitation:

(I) Training activities to support pupils who are earning industry-recognized credentials, as identified by the Governor’s Office of Workforce Innovation pursuant to paragraph (d) of subsection 4 of NRS 232.975; and

(II) Training activities to provide dual credit courses in career and technical education to pupils;

(3) Activities at or for a conference of teachers of classes or programs of career and technical education;

(4) Promotion and marketing of classes or programs of career and technical education; and

(5) The development of standards and assessments of career and technical education for the purposes of leadership and training.

(b) “Workforce development activities” means:

(1) Activities by or for pupils participating in a work-based learning program pursuant to NRS 389.167;

(2) Activities by or for pupils to earn industry-recognized credentials, as identified by the Governor’s Office of Workforce Innovation pursuant to paragraph (d) of subsection 4 of NRS 232.975; and

(3) Activities by or for pupils enrolled in middle school or junior high school who are participating in career exploration.

(Added to NRS by 2013, 2770; A 2017, 162, 506; 2023, 354, 3370)

1. The board of trustees of a school district or the governing body of a charter school may apply to the State Board of Education for a grant for a program of career and technical education, to be paid for with money distributed pursuant to paragraph (a) of subsection 2 of NRS 388.392, by submitting an application to the person appointed pursuant to NRS 388.342.

2. The Superintendent of Public Instruction shall review the recommendations of the representatives of the regional industry or sector partnerships and the local workforce development boards and award grants for the purposes of developing new programs of career and technical education or improving or expanding existing programs of career and technical education. The awarding of grants must be based on the criteria established by regulation of the State Board of Education.

(Added to NRS by 2013, 2770; A 2017, 163, 506; 2023, 355)

NRS 388.394 Grants: Application by pupil organization for career and technical education; awards made on fair and equitable basis.

1. A pupil organization for career and technical education may apply to the State Board for a grant to support the activities of the organization, to be paid for with the money distributed pursuant to paragraph (b) of subsection 2 of NRS 388.392.

2. The State Board shall review all applications submitted pursuant to subsection 1 and award grants to pupil organizations on a fair and equitable basis.

(Added to NRS by 2013, 2771; A 2017, 507)

NRS 388.395 Grants: Application by school district or charter school for remainder of available state money; criteria for awards established by regulation; limitation on awards.

1. The board of trustees of a school district or the governing body of a charter school may apply to the State Board of Education for a grant for a program of career and technical education, to be paid for from the remainder of state money described in subsection 3 of NRS 388.392.

2. The State Board of Education shall review all applications submitted pursuant to subsection 1 and award grants based on the criteria established by regulation of the State Board of Education.

3. The proportion of the total amount awarded pursuant to subsection 2 to a school district or charter school during a fiscal year must not exceed the proportion of the enrollment of pupils in programs of career and technical education in the school district or charter school during the previous fiscal year, as compared to the enrollments of pupils in programs of career and technical education throughout the State during the previous fiscal year.

(Added to NRS by 2013, 2771; A 2017, 163, 507)

NRS 388.396 Grants: Designation of program professional to evaluate and report on effectiveness of program. For each grant of money awarded pursuant to NRS 388.393, 388.394 or 388.395, the Executive Officer of the State Board shall designate a program professional to:

1. Evaluate the manner in which the money was expended and the effectiveness of the program of career and technical education for which the money was granted; and

2. Report the results of the review to the State Board.

(Added to NRS by 2013, 2772; A 2017, 164, 508)

NRS 388.397 Remainder of certain state money does not revert and is carried forward to following fiscal year. Any state money that is not distributed or allocated pursuant to NRS 388.392 to 388.395, inclusive, by the end of the fiscal year does not revert to the State General Fund and must be carried forward for distribution in the following fiscal year.

(Added to NRS by 2013, 2772)

NRS 388.400 Administration; State Treasurer as custodian.

1. The money for career and technical education must be provided for and raised in the manner specified in NRS 387.050 and 388.340 to 388.400, inclusive.

2. The State Treasurer is the custodian of the money and shall make disbursements therefrom on warrants of the State Controller issued upon the order of the Superintendent of Public Instruction.

[276:32:1956]—(NRS A 1957, 214; 1979, 1596; 1985, 814; 1991, 2087; 2005, 1050; 2013, 2772; 2017, 508)

PUPILS WHO ARE ENGLISH LEARNERS

NRS 388.405 Legislative declaration; duty of State Board to adopt regulations and submit certain evaluations required by federal law.

1. The Legislature finds and declares that:

(a) It is the public policy of this State to provide every child enrolled in a public school with high-quality instruction.

(b) Children who are English learners benefit from instruction that is designed to address the academic and linguistic needs of those children.

(c) It is the intent of the Legislature that children who are English learners be provided with services and instruction which is designed to address the academic needs of such children so that those children attain proficiency in the English language and improve their overall academic and linguistic achievement and proficiency.

2. The State Board shall:

(a) Adopt regulations prescribing criteria for a policy for the instruction to teach English to pupils who are English learners which is developed by the board of trustees of each school district pursuant to NRS 388.407. The Superintendent of Public Instruction shall monitor each school district’s compliance with the criteria prescribed by the State Board pursuant to this paragraph.

(b) Submit all evaluations required pursuant to 20 U.S.C. §§ 6801 et seq. and the regulations adopted pursuant thereto regarding the programs for pupils who are English learners carried out pursuant to that provision of federal law to the:

(1) Governor;

(2) Joint Interim Standing Committee on Education;

(3) Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education; and

(4) Board of trustees of each school district.

(Added to NRS by 1995, 2711; A 2003, 19th Special Session, 50; 2013, 3412; 2017, 3233)

NRS 388.4055 Regulations. The Department may adopt regulations as necessary to carry out the provisions of NRS 388.405 to 388.408, inclusive.

(Added to NRS by 2021, 1385)

NRS 388.406 Rights of English learners.

1. A pupil who is an English learner has the right to:

(a) Receive a free appropriate public education regardless of the immigration status or primary language of the pupil or the parent or legal guardian of the pupil;

(b) Equal access to all programming and services offered to pupils in the same grade level who are not English learners by the school or school district in which the pupil is enrolled;

(c) Receive instruction at the same grade level as other pupils who are of a similar age as the pupil who is an English learner, unless the school or school district in which the pupil is enrolled determines it is appropriate for the pupil who is an English learner to be placed in a different grade level;

(d) Equal access to participate in extracurricular activities;

(e) Receive appropriate services for academic support provided by the school or school district to pupils enrolled in the school or school district who are not English learners;

(f) Be evaluated each year to determine the progress of the pupil in learning the English language and to obtain information about the academic performance of the pupil, including, without limitation, the results of an examination administered pursuant to NRS 390.105; and

(g) Be continuously placed in a program for English learners for as long as the pupil is classified as an English learner unless the parent or legal guardian of the pupil declines for the pupil to be placed in a program for English learners.

2. The parent or legal guardian of a pupil who is an English learner has the right to:

(a) Enroll his or her child in a public school without disclosing the immigration status of the pupil or the parent or legal guardian;

(b) To the extent practicable, have a qualified interpreter in the primary language of the parent or legal guardian with the parent or legal guardian during significant interactions with the school district;

(c) To the extent practicable, receive written notice in both English and the primary language of the parent or legal guardian that the pupil has been identified as an English learner and will be placed in a program for English learners;

(d) Receive information about the progress of the pupil in learning the English language and, if the pupil is enrolled in a program of bilingual education, the progress of the pupil in learning the languages of that program;

(e) At the request of the parent or legal guardian, meet with staff of the school in which the pupil is enrolled at least once a year, in addition to any other required meetings, to discuss the overall progress of the pupil in learning the English language;

(f) Transfer the pupil to another school within the school district if the school in which the pupil is currently enrolled does not offer a program for English learners or has been placed on a corrective action plan pursuant to NRS 388.408;

(g) Receive information related to any evaluations of the pupil pursuant to paragraph (f) of subsection 1; and

(h) Contact the Department or the school district, as applicable, if the school or school district in which the pupil is enrolled violates the provisions of this section.

3. Notwithstanding the provisions of paragraphs (b) and (c) of subsection 2, the board of trustees of each school district shall provide information to the parent or legal guardian of a pupil who is an English learner in a language and format that the parent or legal guardian can understand.

4. To the extent practicable, the board of trustees of each school district shall, in writing and in both English and the primary language of the parent or legal guardian of a pupil who is an English learner, inform the parent or legal guardian of the rights described in this section at the time of the registration of the pupil in a school within the school district or at the time the pupil is identified as an English learner. The school district shall provide a copy of the rights described in this section at the annual registration of a pupil in a school within the school district to the parent or legal guardian of a pupil who is an English learner.

5. The Department shall provide translated copies of the rights described in this section in the five most common languages other than English primarily spoken in the households within each school district, which may include, without limitation, Spanish and Tagalog. The board of trustees of each school district and each school that enrolls pupils who are English learners shall post a copy of the rights described in this section on their respective Internet websites in as many languages as possible, which may include, without limitation, and as applicable for the school district, the languages translated by the Department pursuant to this subsection.

(Added to NRS by 2021, 1383)

1. The board of trustees of each school district shall develop a policy for the instruction to teach English to pupils who are English learners. The policy must be designed to provide pupils enrolled in each public school located in the school district who are English learners with instruction that enables those pupils to attain proficiency in the English language and improve their overall academic achievement and proficiency.

2. The policy developed pursuant to subsection 1 must:

(a) Provide for the identification of pupils who are English learners through the use of an appropriate assessment;

(b) Provide for the periodic reassessment of each pupil who is classified as an English learner;

(c) Be designed to eliminate any gaps in achievement, including, without limitation, in the core academic subjects and in high school graduation rates, between those pupils who are English learners and pupils who are proficient in English;

(d) Provide opportunities for the parents or legal guardians of pupils who are English learners to participate in the program;

(e) Provide the parents and legal guardians of pupils who are English learners with information regarding other programs that are designed to improve the language acquisition and academic achievement and proficiency of pupils who are English learners and assist those parents and legal guardians in enrolling those pupils in such programs;

(f) Provide for the identification of the primary language of each pupil enrolled in the school district at the beginning of each school year to assist in the identification of pupils who are English learners pursuant to paragraph (a); and

(g) Provide that a pupil who is an English learner remain placed in a program for English learners until the pupil obtains language proficiency based on an appropriate assessment of pupils who are English learners unless the parent or legal guardian of the pupil declines for the pupil to remain placed in a program for English learners.

3. The board of trustees of a school district shall adopt a plan to ensure that a policy adopted pursuant to this section achieves the objectives prescribed by paragraph (c) of subsection 2.

4. The Department shall monitor the implementation of:

(a) The provisions of the policy developed pursuant to subsection 1 designed to achieve the objectives described in paragraph (c) of subsection 2; and

(b) The plan adopted pursuant to subsection 3.

5. The board of trustees of a school district may identify and purchase an assessment for use by the school district to measure the literacy of pupils who are English learners. Such an assessment:

(a) Must be approved by the Department; and

(b) May include tools to assist pupils who are English learners to improve their mastery of the English language.

(Added to NRS by 2013, 3411; A 2017, 3234; 2019, 4356; 2021, 1385)

NRS 388.4073 Board of trustees required to collect certain data; reports.

1. The board of trustees of each school district shall determine the number of pupils enrolled in schools within the school district who are:

(a) Immigrants;

(b) Refugees;

(d) English learners, in total and disaggregated by English learners who:

(1) Are pupils with an individualized education program or a plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794;

(2) Are enrolled, placed or participating in:

(I) A special program, including, without limitation, a special program for gifted and talented pupils;

(II) A program for career and technical education;

(III) A magnet school or program;

(IV) An advanced placement course;

(V) An international baccalaureate course;

(VI) A dual credit course; or

(VII) An extracurricular or athletic activity, if known;

(3) Receive a high school diploma, disaggregated by type of diploma; and

(4) Attend an institution of higher education after receiving a high school diploma and, if known, receive a scholarship to attend an institution of higher education.

2. The data collected pursuant to subsection 1 must be disaggregated by grade and pupils who are English learners.

3. The board of trustees of each school district shall determine the number of teachers:

(a) Employed by the school district who have an endorsement to teach pupils in a program of bilingual education or who have an endorsement to teach English as a second language; and

(b) Who are trained in a program for language instruction adopted by the board of trustees of the school district, to the extent practicable.

Ê The data collected pursuant to this subsection must be disaggregated by teachers who are licensed to teach elementary education, middle school or junior high school education or secondary education.

4. On or before August 1 of each year, the board of trustees of a school district shall review the data collected pursuant to subsections 1 and 3, compile a report of the data and submit the report to the Department. The Department may make recommendations to the board of trustees of each school district to improve programs for English learners based on the reports it receives pursuant to this subsection.

5. On or before February 1 of each year, the Department shall submit the reports it receives pursuant to subsection 4 to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, or if the Legislature is not in session, the Joint Interim Standing Committee on Education.

6. As used in this section, “long-term English learner” means a pupil who is an English learner who has lived in the United States for at least 6 consecutive years.

(Added to NRS by 2021, 1382)

NRS 388.4077 Board of trustees required to post certain budgetary information on Internet website. The board of trustees of each school district shall post annually on its Internet website information on the manner in which the school district uses money received pursuant to Title III of the Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6812 et seq. The information must be organized into the categories of programs and services for which the money was used, which must include, without limitation, the category of engagement of parents and families.

(Added to NRS by 2021, 1384)

NRS 388.408 Certain schools required to adopt corrective action plan; enrollment in other schools of pupils who attend school that adopts plan; reporting of information concerning plans.

1. The principal of each public school which, based upon the most recent annual report of the statewide system of accountability for public schools, was rated in the lowest 30 percent of public schools in this State in the achievement of pupils who are English learners, shall adopt, submit to the Department and publish on an Internet website maintained by the school a corrective action plan which must include, without limitation:

(a) Identification of the root causes of the low levels of achievement among pupils who are English learners;

(b) Plans to address those root causes;

(c) Attainable quantitative goals for improvement in the achievement of pupils who are English learners and timelines for meeting those goals;

(d) Identification of specific actions to improve the achievement of pupils who are English learners, plans to monitor those actions and identification of persons responsible for taking and monitoring those actions; and

(e) Plans to provide professional development designed to address the needs of pupils who are English learners to administrators, teachers and other educational staff.

2. The Department shall assist principals who are required by subsection 1 to adopt a corrective action plan with the development of the plan.

3. A corrective action plan adopted pursuant to subsection 1 may be incorporated into any other relevant corrective action plan adopted by the school.

4. A public high school that has adopted a corrective action plan pursuant to subsection 1 shall notify the parent or guardian of each pupil receiving services for English learners at the high school, in English and any language that is the primary language of at least 10 percent of the English learners enrolled in the high school, that the school has adopted a corrective action plan. The notice must include, without limitation:

(a) A list of each high school in the same school district as the school that has not adopted a corrective action plan;

(b) A statement that the parent or guardian may request that the pupil be transferred to a public high school that has not adopted a corrective action plan; and

5. The board of trustees of a school district shall allow a pupil who is an English learner and attends a school that has adopted a corrective action plan to enroll in a public school outside the zone of attendance in which the pupil resides if:

(a) The pupil wishes to transfer because the school meets the criteria prescribed in subsection 1 or because of the adoption of the corrective action plan; and

(b) The public school in which the pupil wishes to enroll has adequate capacity to enroll the pupil after enrolling all pupils who reside in the zone of attendance of the school and wish to attend the school.

6. On or before July 1 of each year, the Department shall submit to the Joint Interim Standing Committee on Education a report that includes:

(a) The number of public schools in this State that have adopted a corrective action plan pursuant to subsection 1;

(b) A description of any progress or lack of progress in closing gaps in achievement between pupils who are English learners and pupils who are proficient in English; and

7. As used in this section, “zone of attendance” means the zone established by the board of trustees of a school district pursuant to NRS 388.040 to designate which school within the district a pupil must attend.

(Added to NRS by 2019, 4355)

NRS 388.409 English Mastery Council: Creation; membership; terms; vacancy; Chair; meetings; compensation; acceptance of gifts and grants; administrative support. Expired by limitation. (See chapter 515, Statutes of Nevada 2013, at page 3422, and chapter 387, Statutes of Nevada 2019, at page 2441.)

NRS 388.411 English Mastery Council: Duty to make recommendations to Superintendent of Public Instruction, State Board, Commission on Professional Standards in Education, Board of Regents and school districts. Expired by limitation. (See chapter 515, Statutes of Nevada 2013, at page 3422, and chapter 387, Statutes of Nevada 2019, at page 2441.)

NRS 388.413 English Mastery Council: Preparation and submission of annual report. Expired by limitation. (See chapter 515, Statutes of Nevada 2013, at page 3422, and chapter 387, Statutes of Nevada 2019, at page 2442.)

PUPILS WITH DISABILITIES

General Provisions

NRS 388.417 Definitions. As used in NRS 388.417 to 388.515, inclusive:

1. “Communication mode” means any system or method of communication used by a person with a disability, including, without limitation, a person who is deaf or whose hearing is impaired, to facilitate communication which may include, without limitation:

(a) American Sign Language;

(b) English-based manual or sign systems;

(d) Spoken and written English, including speech reading or lip reading; and

(e) Communication with assistive technology devices.

2. “Dyslexia” means a neurological learning disability characterized by difficulties with accurate and fluent word recognition and poor spelling and decoding abilities that typically result from a deficit in the phonological component of language.

3. “Dyslexia intervention” means systematic, multisensory intervention offered in an appropriate setting that is derived from evidence-based research.

4. “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

5. “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

6. “Provider of special education” means a school within a school district or charter school that provides education or services to pupils with disabilities or any other entity that is responsible for providing education or services to a pupil with a disability for a school district or charter school.

7. “Pupil who receives early intervening services” means a person enrolled in kindergarten or grades 1 to 12, inclusive, who is not a pupil with a disability but who needs additional academic and behavioral support to succeed in a regular school program.

8. “Pupil with a disability” means a “child with a disability,” as that term is defined in 20 U.S.C. § 1401(3)(A), who is under 22 years of age.

9. “Response to scientific, research-based intervention” means a collaborative process which assesses a pupil’s response to scientific, research-based intervention that is matched to the needs of a pupil and that systematically monitors the level of performance and rate of learning of the pupil over time for the purpose of making data-based decisions concerning the need of the pupil for increasingly intensified services.

10. “Specific learning disability” means a disorder in one or more of the basic psychological processes involved in understanding or using spoken or written language which is not primarily the result of a visual, hearing or motor impairment, intellectual disability, serious emotional disturbance, or an environmental, cultural or economic disadvantage. Such a disorder may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or perform mathematical calculations. The term includes, without limitation, perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia.

[280:32:1956]—(NRS A 1969, 444; 1973, 1427, 1579, 1846; 1989, 691; 1993, 2159; 1999, 3241; 2007, 2919; 2009, 754; 2011, 800, 2705, 2715; 2013, 743; 2015, 1025, 2077, 2384; 2017, 3148; 2019, 915, 3052; 2023, 2013)

1. The Department shall:

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

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

2. Except as otherwise provided in this subsection, each school district shall ensure that the form prescribed by the Department is used for the development, review and revision of an individualized education program for each pupil with a disability who receives special education in the school district. A school district may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

3. The State Board:

(a) Shall prescribe minimum standards for the special education of pupils with disabilities.

(b) May prescribe minimum standards for the provision of early intervening services.

4. The minimum standards prescribed by the State Board must include standards for programs of instruction or special services maintained for the purpose of serving pupils with:

(a) Hearing impairments, including, but not limited to, deafness.

(b) Visual impairments, including, but not limited to, blindness.

(d) Speech and language impairments.

(e) Intellectual disabilities.

(f) Multiple impairments.

(g) Emotional disturbances.

(h) Other health impairments.

(i) Specific learning disabilities.

(j) Autism spectrum disorders.

(k) Traumatic brain injuries.

(l) Developmental delays.

5. The minimum standards prescribed by the State Board for pupils with hearing impairments, including, without limitation, deafness, pursuant to paragraph (a) of subsection 4 must comply with:

(a) The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto;

(b) The effective communication requirement of Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131 et seq., and the regulations adopted pursuant thereto; and

6. The minimum standards prescribed by the State Board for pupils with dyslexia pursuant to paragraph (i) of subsection 4 must include, without limitation, standards for instruction on:

(a) Phonemic awareness to enable a pupil to detect, segment, blend and manipulate sounds in spoken language;

(b) Graphonomic knowledge for teaching the sounds associated with letters in the English language;

(d) Linguistic instruction directed toward proficiency and fluency with the patterns of language so that words and sentences are carriers of meaning; and

(e) Strategies that a pupil may use for decoding, encoding, word recognition, fluency and comprehension.

7. No apportionment of state money may be made to any school district or charter school for the instruction of pupils with disabilities until the program of instruction maintained therein for such pupils is approved by the Superintendent of Public Instruction as meeting the minimum standards prescribed by the State Board.

8. The Department shall, upon the request of the board of trustees of a school district, provide information to the board of trustees concerning the identification and evaluation of pupils with disabilities in accordance with the standards prescribed by the State Board.

9. The Department shall post on the Internet website maintained by the Department the data that is submitted to the United States Secretary of Education pursuant to 20 U.S.C. § 1418 within 30 days after submission of the data to the Secretary in a manner that does not result in the disclosure of data that is identifiable to an individual pupil.

[288:32:1956]—(NRS A 1969, 445; 1973, 1429; 1977, 885; 1979, 1597; 1981, 245; 1989, 692; 1993, 2160; 1997, 1867; 1999, 1750; 2009, 755; 2011, 2706, 2716; 2013, 694, 744; 2015, 1027, 2385)—(Substituted in revision for part of NRS 388.520)

NRS 388.422 Provision of information to parents or guardians of pupils with certain plans concerning services for children with disabilities. The Department shall provide to each school district and charter school in this State information concerning services for children with disabilities provided by the Aging and Disability Services Division of the Department of Health and Human Services. The board of trustees of a school district or the governing body of a charter school shall ensure that the information described in this section is provided to the parent or guardian of each pupil enrolled in the school district or charter school, as applicable, who has an individualized education program or a plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.

(Added to NRS by 2019, 3051; A 2021, 251)

Educational Services

NRS 388.429 Provision of education to pupils; authorization for certain school districts to provide early intervening services; uniform criteria for eligibility for instruction.

1. The Legislature declares that funding provided for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to pupils with disabilities residing in Nevada through the use of local funding for pupils with disabilities prescribed by paragraph (b) of subsection 2 of NRS 387.1214 and the statewide multiplier established pursuant to NRS 387.122.

2. Subject to the provisions of NRS 388.417 to 388.469, inclusive, the board of trustees of each school district shall make such special provisions as may be necessary for the education of pupils with disabilities.

3. The board of trustees of a school district in a county whose population is less than 700,000 may provide early intervening services. Such services must be provided in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto.

4. The board of trustees of a school district shall establish uniform criteria governing eligibility for instruction under the special education programs provided for by NRS 388.417 to 388.469, inclusive. The criteria must prohibit the placement of a pupil in a program for pupils with disabilities solely because the pupil is a disciplinary problem in school. The criteria are subject to such standards as may be prescribed by the State Board.

[281:32:1956]—(NRS A 1969, 445, 887; 1973, 1428; 1979, 1596; 1993, 2159; 1995, 679; 1999, 1966; 2009, 755; 2011, 1248; 2015, 3726; 2017, 3117; 2019, 4226; 2021, 1125, 2930)

NRS 388.431 Pupils not required to take advantage of special provisions for education. A pupil must not be required to take advantage of the special provisions for the education of pupils with disabilities if the parent or guardian of the pupil files a statement with the board of trustees of the school district showing that the pupil is receiving adequate educational advantages.

[282:32:1956]—(NRS A 1969, 445; 1973, 1428; 1993, 2159)—(Substituted in revision for part of NRS 388.460)

NRS 388.433 Placement of child in special program; effect of military transfer of parent of child.

1. Before any child is placed in a special program for pupils with disabilities:

(a) A consultation must be held with the child’s parents or guardian.

(b) An examination must be conducted for the purpose of finding the extent to which the child deviates from normal growth and development patterns. The examination must be conducted in accordance with standards prescribed by the State Board.

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

3. The board of trustees of a school district or the governing body of a charter school shall not place a child or authorize the placement of a child in a program for pupils with disabilities solely because the child is a disciplinary problem in school.

4. Pursuant to the provisions of NRS 388F.010, a child with a disability who transfers to a school in this State from a school inside or outside this State because of the military transfer of the parent or legal guardian of the child must initially be provided services that are comparable to the services the child received at his or her previous school under his or her current individualized education program until the placement of the child is determined pursuant to this section.

[283:32:1956]—(NRS A 1973, 1428; 1979, 1596; 1993, 2159; 1999, 1966; 2009, 2616)—(Substituted in revision for part of NRS 388.470)

NRS 388.435 Ages for admission to special programs; enrollment counted for apportionment. Except as otherwise provided in NRS 388.431, eligible pupils with disabilities must be admitted at the age of 3 years to special programs established for such pupils, and their enrollment or attendance may be counted for the purpose of apportionment.

[285:32:1956]—(NRS A 1969, 445; 1971, 548; 1973, 1429; 1975, 1119; 1989, 691, 1555; 1993, 2160)—(Substituted in revision for part of NRS 388.475)

1. Any person or governmental entity may request the Superintendent of Public Instruction to determine whether a provider of special education is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, any regulations adopted pursuant thereto, or any other law or regulation governing the education of pupils with disabilities in this State.

2. Upon receipt of a request pursuant to subsection 1 or upon his or her own initiative, the Superintendent of Public Instruction must determine whether there is good cause to conduct an inspection of the provider of special education. If the Superintendent of Public Instruction determines there is good cause to conduct an inspection, the Superintendent of Public Instruction shall cause such an inspection to be conducted by the Department within 30 days after making the determination. An inspection conducted pursuant to this subsection may be conducted on-site, electronically or by telephone.

3. If, after an inspection conducted pursuant to subsection 2, the Superintendent of Public Instruction determines that a provider of special education is not in compliance with a law or regulation governing the education of pupils with disabilities, the Superintendent of Public Instruction must, not more than 30 days after completion of the inspection:

(a) Meet with the provider of special education to determine the most efficient and expeditious manner in which to bring the provider of special education into compliance with the law or regulation; and

(b) Request the board of trustees of the school district or the governing body of the charter school, as applicable, to establish a plan of corrective action pursuant to NRS 385.175 to ensure compliance with the law or regulation.

(Added to NRS by 2017, 3145)

1. If a provider of special education fails or refuses to comply in a timely manner with a plan of corrective action established pursuant to NRS 385.175 or with an order of a hearing officer issued pursuant to a due process hearing conducted pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or pursuant to an appeal therefrom, the Superintendent of Public Instruction must take appropriate measures to ensure compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, any regulations adopted pursuant thereto, or any other law or regulation governing the education of pupils with disabilities in this State.

2. In determining the appropriate measures to take to ensure compliance with the laws and regulations governing the education of pupils with disabilities, the Superintendent of Public Instruction must consider:

(a) The severity of the failure to comply with the plan of corrective action or the order of the hearing officer and the length and number of times that the provider of special education has been out of compliance with the laws and regulations governing the education of pupils with disabilities;

(b) Whether the provider of special education made a good faith effort to comply with the plan of corrective action or the order of the hearing officer;

(c) The impact on pupils served by the provider of special education of the failure to comply with the plan of corrective action or the order of the hearing officer; and

(d) Whether the provider of special education has previously failed to comply with such a plan of corrective action or order of a hearing officer.

3. The actions which the Superintendent of Public Instruction may take to ensure compliance pursuant to subsection 1 after considering the factors set forth in subsection 2 include, without limitation:

(a) Extending the time by which the provider of special education must comply with the plan of corrective action;

(b) Revising the plan of corrective action;

(c) Requiring the school district or the governing body of the charter school, as applicable, to provide technical assistance to the provider of special education to assist with compliance with the laws and regulations governing the education of pupils with disabilities;

(d) Requiring the school district or the governing body of the charter school, as applicable, to provide appropriate professional development for the provider of special education to assist with compliance with the laws and regulations governing the education of pupils with disabilities;

(e) Ordering an investigation of compliance by the provider of special education or additional inspections of the provider of special education to ensure compliance with the laws and regulations governing the education of pupils with disabilities, or both;

(f) Requiring the school district or charter school, as appropriate, to assign one or more persons to monitor compliance with the plan of corrective action or order of the hearing officer and the laws and regulations governing the education of pupils with disabilities by the provider of special education;

(g) Notwithstanding any collective bargaining agreement or contract of employment to the contrary, requiring the school district or charter school, as applicable, to take appropriate disciplinary action against a principal or other administrator who knowingly and willfully fails to comply with a plan of corrective action or order of a hearing officer;

(h) Requiring the provider of special education to attend a public meeting of the State Board to explain the failure of the provider of special education to comply with a plan of corrective action or order of a hearing officer, address public concerns and outline the actions that the provider of special education intends to take to ensure compliance with the laws and regulations governing the education of pupils with disabilities;

(i) Taking punitive action against the provider of special education, which may include, without limitation:

(1) To the extent possible, redirecting money provided by the Federal Government for administrative costs related to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.; or

(2) To the extent possible, withholding, in whole or in part, any federal or state apportionment to the provider; or

(j) Seeking enforcement of a plan of corrective action or the order of a hearing officer in a court of competent jurisdiction.

4. The Superintendent of Public Instruction may work with any other appropriate governmental entity to carry out the provisions of subsection 3.

(Added to NRS by 2017, 3146)

1. The Department, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto, shall adopt regulations prescribing:

(a) Standards for a program of training for persons who are employed by school districts and charter schools and who assist in carrying out the education of pupils who are receiving special education services pursuant to NRS 388.417 to 388.469, inclusive, including, without limitation, teachers, administrators, other licensed educational personnel, substitute teachers, personnel who provide related services and paraprofessionals.

(b) The required content and manner of notifying the parents of pupils with disabilities of certain information, which must include, without limitation:

(1) A description of the procedure whereby an individualized education program is developed and implemented for a pupil with a disability.

(2) That the parent of a pupil with a disability has the right to invite persons who have knowledge or special expertise regarding the pupil, including, without limitation, related service personnel, to participate as a member of the individualized education program team for the pupil.

(3) A description of the effect of receiving an adjusted diploma, if a pupil with a disability desires to receive an adjusted diploma pursuant to NRS 390.600, including, without limitation, that an adjusted diploma may not be used to apply to a college or university.

2. The board of trustees of each school district and the governing body of each charter school shall adopt a program for reporting information concerning the special education programs in each school. The report must include, without limitation, the total number of pupils with disabilities:

(a) With an individualized education program.

(b) Who received a standard high school diploma.

(d) Who dropped out of school.

(e) Who did not satisfy the requirements set forth in his or her individualized education program.

(Added to NRS by 2017, 3147)

1. When developing an individualized education program for a pupil with a hearing impairment in accordance with NRS 388.419, the pupil’s individualized education program team shall consider, without limitation:

(a) The related services and program options that provide the pupil with an appropriate and equal opportunity for communication access;

(b) The pupil’s primary communication mode;

(c) The availability to the pupil of a sufficient number of age, cognitive, academic and language peers of similar abilities;

(d) The availability to the pupil of adult models who are deaf or hearing impaired and who use the pupil’s primary communication mode;

(e) The availability of special education teachers, interpreters and other special education personnel who are proficient in the pupil’s primary communication mode;

(f) The provision of academic instruction, school services and direct access to all components of the educational process, including, without limitation, advanced placement courses, career and technical education courses, recess, lunch, extracurricular activities and athletic activities;

(g) The preferences of the parent or guardian of the pupil concerning the best feasible services, placement and content of the pupil’s individualized education program; and

(h) The appropriate assistive technology necessary to provide the pupil with an appropriate and equal opportunity for communication access.

2. When developing an individualized education program for a pupil with a hearing or visual impairment who is less than 6 years of age, including, without limitation, such a pupil with both hearing and visual impairments, in accordance with NRS 388.419, the pupil’s individualized education program team shall use the criteria prescribed pursuant to NRS 388.519, in addition to any methods of assessment required by federal law, to evaluate the pupil’s development of language and literacy skills and to determine whether to modify the individualized education program. If the team determines that the pupil is not making adequate progress in the development of language and literacy skills, the team must include in the plan:

(a) A detailed explanation of the reasons that the pupil is not making adequate progress; and

(b) Recommendations for services and programs to assist the pupil’s development of language and literacy skills.

3. When determining the best feasible instruction to be provided to the pupil in his or her primary communication mode, the pupil’s individualized education program team may consider, without limitation:

(a) Changes in the pupil’s hearing or vision;

(b) Development in or availability of assistive technology;

(d) The subject matter of the instruction to be provided.

(Added to NRS by 2013, 742; A 2019, 3939)

NRS 388.439 Pupils with dyslexia: Early literacy screening assessment.

1. Except as otherwise provided in subsection 2, the board of trustees of each school district shall prescribe for use by the elementary schools located in the school district an early literacy screening assessment that meets the requirements set forth in subsection 3.

2. The governing body of each charter school that serves pupils in kindergarten or grade 1, 2 or 3 shall prescribe an early literacy screening assessment for use by the charter school that meets the requirements set forth in subsection 3.

3. The early literacy screening assessment prescribed pursuant to subsection 1 or 2 must include, without limitation, screening for:

(a) Phonological and phonemic awareness;

(b) Sound-symbol recognition;

(d) Decoding skills;

(e) Rapid naming skills; and

(f) Encoding skills.

(Added to NRS by 2015, 2382)

1. The board of trustees of a school district or the governing body of a charter school, as applicable, shall administer the early literacy screening assessment prescribed pursuant to NRS 388.439 to each pupil enrolled in kindergarten or grade 1, 2 or 3 who:

(a) Has indicators for dyslexia; and

(b) Needs intervention.

2. If an early literacy screening assessment administered pursuant to subsection 1 confirms that a pupil has indicators for dyslexia, the board of trustees of a school district or governing body of a charter school, as applicable, shall address the needs of the pupil through the response to scientific, research-based intervention system of instruction.

3. If the response to scientific, research-based intervention system of instruction determines that a pupil needs additional screening in order to determine whether the pupil has a specific learning disability, including, without limitation, dyslexia:

(a) The pupil must receive additional testing by a trained professional using a norm-referenced test; and

(b) The board of trustees of the school district or the governing body of the charter school, as applicable, shall perform a comprehensive evaluation for the pupil in addition to the required response to scientific, research-based intervention system of instruction.

(Added to NRS by 2015, 2382)

NRS 388.443 Pupils with dyslexia: Individualized education program team to consider certain instructional approaches when developing individualized education program. When developing an individualized education program for a pupil with dyslexia in accordance with NRS 388.419, the pupil’s individualized education program team shall consider, without limitation, the following instructional approaches:

1. Explicit, direct instruction that is systematic, sequential and cumulative and follows a logical plan of presenting the alphabetic principle that targets the specific needs of the pupil;

2. Individualized instruction to meet the specific needs of the pupil in an appropriate setting that uses intensive, highly-concentrated instruction methods and materials that maximize pupil engagement;

3. Meaning-based instruction directed at purposeful reading and writing, with an emphasis on comprehension and composition; and

4. Multisensory instruction that incorporates the simultaneous use of two or more sensory pathways during teacher presentations and pupil practice.

(Added to NRS by 2015, 2383)

NRS 388.445 Pupils with dyslexia: Designation of teacher and school employee to receive training and professional development concerning dyslexia.

1. The principal of a public elementary school, including, without limitation, a charter school, shall designate a licensed teacher employed by the school to receive training in effective methods of intervention for pupils with dyslexia. If the principal has designated a licensed teacher to serve as a learning strategist, the learning strategist must be the person to receive such training.

2. The board of trustees of each school district and the governing body of each charter school shall ensure that at least one employee who serves pupils in kindergarten or grade 1, 2 or 3 is designated at each school to receive professional development regarding dyslexia. Such professional development must include, without limitation, training in:

(a) Methods to recognize indicators for dyslexia; and

(b) The science related to teaching a pupil with dyslexia.

3. The professional development required pursuant to subsection 2:

(a) Must be provided by a learning strategist, if the principal has designated a licensed teacher to serve as a learning strategist; or

(b) May be provided on the Internet or at another venue approved by the Department.

(Added to NRS by 2015, 2383)

NRS 388.447 Pupils with dyslexia: Department to prepare and publish Dyslexia Resource Guide for school districts and public schools. The Department shall prepare and publish a Dyslexia Resource Guide as a guide for each school district and public school, including, without limitation, a charter school, to use to identify and provide dyslexia intervention for pupils with dyslexia.

(Added to NRS by 2015, 2384)

1. The board of trustees of a school district or the governing body of a charter school shall conduct an initial evaluation of each pupil with autism spectrum disorder in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations prescribed by the State Board pursuant to NRS 388.419 and shall, once every 3 years thereafter, conduct a reevaluation in accordance with the Individuals with Disabilities Education Act and the regulations of the State Board. The individualized education program for the pupil must be reviewed, and amended as appropriate, in compliance with the Individuals with Disabilities Education Act and the regulations of the State Board.

2. The board of trustees of a school district or the governing body of a charter school shall ensure that each person who conducts an evaluation of a pupil with autism spectrum disorder is provided with technical assistance and training to improve the accuracy and efficiency in conducting such evaluations.

(Added to NRS by 2011, 2705, 2715)—(Substituted in revision for NRS 388.481)

NRS 388.451 Pupils with autism spectrum disorder: Department required to submit annual report to Aging and Disability Services Division.

1. The Department of Education shall report annually to the Aging and Disability Services Division of the Department of Health and Human Services information relating to pupils with autism spectrum disorders. The information must:

(a) Be submitted in the form required by the Aging and Disability Services Division; and

(b) Include the total number of pupils with autism spectrum disorders who are enrolled in public schools in this State, including all pupils with autism spectrum disorders who have an individualized education program.

2. A pupil with autism spectrum disorder who is designated as a pupil with more than one physical or mental impairment or disability must be included as a pupil with autism spectrum disorder for the purposes of reporting information pursuant to this section.

3. The reporting made pursuant to this section must comply with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any other applicable state and federal privacy laws.

(Added to NRS by 2011, 2705, 2715)—(Substituted in revision for NRS 388.483)

NRS 388.453 Special ungraded schools and programs; powers of trustees.

1. Pupils with disabilities may be instructed in special ungraded schools or within special programs established for the instruction of such pupils.

2. Boards of trustees of school districts may:

(a) Purchase sites and erect buildings for those purposes in the same manner as other school sites or school buildings may be purchased and erected.

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

[286:32:1956]—(NRS A 1969, 445; 1973, 1429; 1993, 2160)—(Substituted in revision for part of NRS 388.500)

Rights of Pupils With Disabilities

NRS 388.455 Transition Bill of Rights for Pupils with Disabilities.

1. This section may be cited as the Transition Bill of Rights for Pupils with Disabilities.

2. Except as otherwise specifically provided by law, each pupil with a disability who is enrolled in a public school or receiving services from a provider of special education and is receiving transition services through an individualized education program pursuant to 34 C.F.R. § 300.43 has the right to:

(a) Be provided notice of and invited to any meeting concerning his or her individualized education program at which transition services will be discussed.

(b) Attend all meetings concerning his or her individualized education program and be able to represent his or her desire concerning his or her:

(1) Training or education;

(2) Employment; and

(3) If appropriate, independent living.

(d) Assist in the development of realistic, specific and measurable post-secondary goals in training, education, employment and, if appropriate, independent living for the pupil.

(e) Receive coordinated secondary transition services and related support services to help prepare the pupil to meet the measurable postsecondary goals established pursuant to paragraph (d). Such services must include, without limitation:

(1) An age-appropriate transition assessment;

(2) Instruction and related services;

(3) Community experiences;

(4) Assistance in developing objectives for employment and other life after the pupil ceases to attend school; and

(5) If appropriate, services to aid in developing skills for daily living and an evaluation of functional vocational skills.

(f) Communicate freely using methods of communication that are accessible to the pupil, including, without limitation, the preferred language of the pupil, concerning his or her strengths, interests, preferences and vision of his or her future for consideration when developing the transition plan.

(g) Have access to social interactions in school-based settings that are common to pupils of a similar age with persons with whom he or she chooses to interact. Such access must be provided to the same extent as pupils not receiving transition services through an individualized education program.

(h) Assist in developing annual goals and objectives reasonably calculated to promote progress toward achieving the measurable postsecondary goals developed pursuant to paragraph (d).

(i) Invite, or have assistance in inviting, appropriate outside agencies to any meeting concerning his or her individualized education program at which transition services will be discussed.

(j) Receive information necessary to identify, explore and connect with outside agencies, as appropriate, including, without limitation:

(1) The Bureau of Vocational Rehabilitation in the Rehabilitation Division of the Department of Employment, Training and Rehabilitation;

(2) The Aging and Disability Services Division of the Department of Health and Human Services;

(3) The Council on Developmental Disabilities established in this State pursuant to 42 U.S.C. § 15025; and

(4) The Statewide Independent Living Council established in this State pursuant to 29 U.S.C. § 796d.

(k) Receive information on appropriate programs of support, including, without limitation, the Supplemental Security Income Program, as defined in NRS 422A.075.

(l) Select a parent, family member, advocate, employee of this State or other person to act on his or her behalf, including, without limitation, as prescribed in NRS 388.459.

(m) As appropriate to his or her individualized education program, receive education in financial literacy, including, without limitation, information about the Nevada ABLE Savings Program established pursuant to NRS 427A.889, to assist the pupil in managing his or her financial affairs.

(n) Receive, as appropriate, the pre-employment transition services required by 34 C.F.R. § 361.48.

(o) Voice concerns and disagreements with his or her educational or transition services and suggest changes in policies, services and providers of services without restraint, interference, coercion, discrimination or reprisal.

(p) Assist in the development of a course of study that is designed to provide the pupil with the ability to achieve his or her measurable post-secondary goals established pursuant to paragraph (d) and obtain a diploma.

(q) Receive information regarding potential consequences of attaining a diploma accessible to pupils with disabilities.

(r) As appropriate to his or her individualized education program, receive instruction in civil participation, including, without limitation, participation in the political process.

(s) Be notified, not less than 1 year before the pupil reaches 18 years of age, that any right accorded to the parent of a pupil with a disability pursuant to Part B of the Individuals with Disabilities Education Act, 20 U.S.C. § 1411 et seq., and the regulations adopted pursuant thereto, transfer to the pupil when he or she reaches 18 years of age.

3. The rights of a pupil with a disability set forth in subsection 2 do not abrogate any remedies provided by law.

(Added to NRS by 2023, 2012)

NRS 388.457 When pupil attains 18 years of age: Rights transfer to pupil; notice to parent and pupil; exception for pupil adjudicated incapacitated.

1. Except as otherwise provided in this section and NRS 388.459, any right accorded to a parent of a pupil with a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or the regulations adopted pursuant thereto, transfers to the pupil when the pupil attains the age of 18 years.

2. Not less than 90 days before the date on which a pupil with a disability attains the age of 18 years, the school district or charter school in which the pupil is enrolled shall provide notice to the:

(a) Parent of the transfer of the parent’s rights pursuant to subsection 1 and of the process for submission of an application to the school district or charter school pursuant to NRS 388.459.

(b) Pupil concerning the transfer of rights to the pupil.

3. If a pupil with a disability attains the age of 18 years and the pupil is enrolled in a program of special education pursuant to NRS 388.417 to 388.515, inclusive, the school district or charter school in which the pupil is enrolled shall provide any notice required pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto, or NRS 388.417 to 388.515, inclusive, and the regulations adopted pursuant thereto, to the:

(a) Parent; and

(b) Pupil with a disability,

Ê regardless of whether the parent is appointed to represent the educational interests of the pupil pursuant to NRS 388.459 or the rights transfer to the pupil pursuant to subsection 1.

4. If a court of competent jurisdiction adjudicates a pupil with a disability incapacitated and appoints a guardian for the pupil, all rights pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto, remain with or otherwise transfer to the guardian.

(Added to NRS by 2007, 2918)—(Substituted in revision for NRS 388.492)

NRS 388.459 When pupil attains 18 years of age: Application by parent to represent educational interests of pupil; duration of representation; appeal; regulations.

1. A parent of a pupil with a disability may, at least 90 days before the pupil attains 18 years of age, submit an application to the school district or the charter school in which the pupil is enrolled to appoint the parent to represent the educational interests of the pupil if:

(a) The parent believes that the pupil does not have the ability to provide informed consent with respect to the pupil’s own educational program; and

(b) The status of the pupil is such, as determined in accordance with the regulations adopted pursuant to subsection 5, that the parent is authorized to submit such an application.

2. The application must be submitted on a concise form prescribed by the Department. The application:

(a) Must not be unduly burdensome on the parent to fill out; and

(b) Must not require the pupil to sign the application or otherwise require the pupil to grant permission for the parent to represent the pupil’s educational interests.

3. If the school district or charter school grants an application, the parent shall continue to represent the educational interests of the pupil until:

(a) The pupil receives a standard high school diploma;

(b) The pupil is no longer enrolled in a program of special education pursuant to NRS 388.417 to 388.515, inclusive; or

4. A parent or a pupil may appeal a determination made pursuant to this section in accordance with the procedure used by the Department for administrative complaints.

5. The State Board shall adopt regulations to carry out this section and NRS 388.457, including, without limitation, the establishment of criteria for determining whether the status of a pupil with a disability is such that his or her parent is authorized to submit an application to represent the educational interests of the pupil pursuant to this section.

(Added to NRS by 2007, 2918; A 2015, 1026)—(Substituted in revision for NRS 388.493)

Hearings Conducted Pursuant to the Individuals With Disabilities Education Act

NRS 388.463 Selection and compensation of hearing officers; appeal of decision of hearing officer.

1. The Department shall maintain a list of hearing officers who meet the qualifications prescribed pursuant to 20 U.S.C. § 1415(f)(3)(A) to conduct a due process hearing pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., regarding the identification, evaluation, reevaluation, classification, educational placement or disciplinary action of or provision of a free appropriate public education to a pupil with a disability.

2. Except as otherwise provided in subsection 4, upon the filing of a complaint requiring a due process hearing described in subsection 1, the Superintendent of Public Instruction shall select three hearing officers from the list maintained by the Department pursuant to subsection 1. The selection of the hearing officers must be made on a random, rotational or other impartial basis and, in a school district in which more than 50,000 pupils are enrolled, the place of business of the hearing officer must, to the extent practicable, be located in the school district.

3. The Superintendent of Public Instruction shall provide the names of the three hearing officers selected pursuant to subsection 2 to the complainant and request the complainant to return to the Superintendent a list which places the three names in the order of preference of the complainant. The complainant must return the list within 2 days. If the complainant returns the list, the Superintendent must request the first hearing officer on the list to preside over the hearing and if he or she is unavailable, the next person, until there are no more hearing officers on the list. If the complainant does not return the list within 2 days, the Superintendent must appoint a hearing officer and may determine the order in which to request a hearing officer to preside over the hearing.

4. If a due process hearing is required to be expedited pursuant to 20 U.S.C. § 1415(k)(4), the Superintendent of Public Instruction must select a hearing officer to preside over the hearing from the list maintained by the Department pursuant to subsection 1. The selection of the hearing officer must be made on a random, rotational or other impartial basis and, in a school district in which more than 50,000 pupils are enrolled, the place of business of the hearing officer must, to the extent practicable, be located in the school district.

5. The local educational agency or governing body of a charter school involved in the complaint, as applicable, shall pay the cost of the hearing, including, without limitation, any compensation to which the hearing officer is entitled.

6. The decision of a hearing officer may be appealed by any aggrieved party to the Department.

7. As used in this section, “local educational agency” has the meaning ascribed to it in 20 U.S.C. § 1401(19).

(Added to NRS by 2015, 2076)

1. The State Board shall prescribe by regulation:

(a) The procedures for requesting the recusal of a hearing officer on the basis of bias or a conflict of interest.

(b) The qualifications to remain on the list of hearing officers maintained pursuant to subsection 1 of NRS 388.463. Such qualifications must include, without limitation, requiring that a hearing officer:

(1) Must complete, within the first year that the name of the hearing officer appears on the list maintained by the Department pursuant to subsection 1 of NRS 388.463, a minimum of 40 hours of training, which must include, without limitation, 24 hours of training in laws relating to special education; and

(2) Must complete annual training arranged by the Department. The training must include, without limitation, training concerning laws relating to special education, the procedure for conducting a hearing and rendering and writing a decision.

(c) The procedures for compensating a hearing officer which must be established to avoid a conflict of interest for the hearing officer or the appearance of such a conflict.

2. The Department of Education shall post information as prescribed by the State Board relating to due process hearings held pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., on its Internet website. Such information must include, without limitation:

(a) A model form that may be used to request such a hearing;

(b) Decisions from such hearings after the names and other personally identifiable information of the pupils who were the subject of such hearings have been removed;

(c) Decisions from the appeals of such hearings after the names and any other personally identifiable information of the pupils who were the subject of the hearings have been removed; and

(d) Timelines and procedures for conducting such hearings.

(Added to NRS by 2015, 2077)

NRS 388.467 Burden of proof and burden of production on school district during certain due process hearings. Whenever a due process hearing is held pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., regarding the identification, evaluation, reevaluation, classification, educational placement or disciplinary action of or provision of a free appropriate public education to a pupil with a disability, and a school district is a party, the school district has the burden of proof and the burden of production.

(Added to NRS by 2011, 800)—(Substituted in revision for NRS 388.507)

NRS 388.4685 Filing and investigation of complaint concerning failure to comply with decision or settlement agreement; duty of Department to ensure compliance.

1. If a local educational agency or the governing body of a charter school fails to comply with the decision of a hearing officer or a settlement agreement resulting from a due process hearing, the parent or guardian of the pupil who is the subject of the decision or agreement or, if the pupil has attained 18 years of age and responsibility for his or her educational interests has been transferred to the pupil, the pupil may file a complaint with the Department pursuant to 34 C.F.R. § 300.153.

2. After investigating a complaint filed pursuant to subsection 1 and providing the local educational agency or governing body with an opportunity to respond to the complaint, including, without limitation, any mitigating factors, the Department shall issue a written decision concerning the complaint. If the Department finds that the local educational agency or governing body has failed to comply with the decision or settlement agreement, as applicable, the Department must take:

(a) Any measures that the Department determines necessary to ensure that the local educational agency or governing body complies with the decision or settlement agreement, as applicable; and

(b) Any additional measures that the Department determines are necessary to ensure that the pupil receives a free appropriate public education.

3. Measures taken pursuant to subsection 2 may include, without limitation:

(a) Issuing a written order to the local educational agency or governing body to take specific action;

(b) Monitoring the actions taken by the local educational agency or governing body to comply with the order;

(c) Withholding federal or state money that would otherwise be provided to the local educational agency or governing body for the purpose of providing educational services to the pupil and using that money to directly arrange and pay for the provision of such services to the pupil; and

(d) Referring the matter to the Attorney General to bring an action in a court of competent jurisdiction to enforce the order.

4. The Department shall provide a copy of any decision issued pursuant to subsection 2 and any order issued pursuant to paragraph (a) of subsection 3 to:

(a) The complainant and the local educational agency or governing body, as applicable; and

(b) If applicable, the superintendent of the local educational agency and any person or office responsible for compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., at the local educational agency or charter school.

5. Nothing in this section shall be deemed to preclude a parent or guardian of a pupil from seeking any other remedy available at law or in equity.

6. As used in this section, “local educational agency” has the meaning ascribed to it in 20 U.S.C. § 1401(19).

(Added to NRS by 2019, 914)

NRS 388.469 Authority of Department to issue subpoenas; enforcement of subpoena by court.

1. The Department may issue a subpoena to compel the attendance of witnesses, the giving of testimony and the production of books and papers at an administrative hearing conducted pursuant to the provisions of 20 U.S.C. § 1415 on behalf of a party to that hearing. The subpoena must be signed by the Superintendent of Public Instruction or a person designated by the Superintendent for this purpose. If a person fails to comply with a subpoena, the Department may apply to the district court for enforcement of the subpoena.

2. The district court in and for Carson City or the county in which a hearing is being conducted for which such a subpoena was issued may, upon receipt of such an application, compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by the subpoena.

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

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

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

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

Ê and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the person.

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

(Added to NRS by 1997, 2526)—(Substituted in revision for NRS 388.509)

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

NRS 388.471 Definitions. As used in NRS 388.471 to 388.515, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.473 to 388.495, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1999, 3236; A 2009, 918)—(Substituted in revision for NRS 388.521)

NRS 388.473 “Aversive intervention” defined. “Aversive intervention” means any of the following actions if the action is used to punish a pupil with a disability or to eliminate, reduce or discourage maladaptive behavior of a pupil with a disability:

1. The use of noxious odors and tastes;

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

3. The use of blasts of air;

4. The use of corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. The administration of chemical restraint to a person;

8. The placement of a person alone in a room where release from the room is prohibited by a mechanism, including, without limitation, a lock, device or object positioned to hold the door closed or otherwise prevent the person from leaving the room;

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

(a) Person is required to perform the exercise because he or she exhibited a behavior that is related to his or her disability;

(b) Exercise is harmful to the health of the person because of his or her disability; or

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

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

(b) Medication.

(Added to NRS by 1999, 3237)—(Substituted in revision for NRS 388.5215)

NRS 388.476 “Chemical restraint” defined. “Chemical restraint” means the administration of drugs to a person for the specific and exclusive purpose of controlling an acute or episodic behavior that places the person or others at a risk of harm when less restrictive alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs prescribed by a physician, physician assistant or advanced practice registered nurse as standard treatment for the mental or physical condition of the person.

(Added to NRS by 1999, 3237; A 2021, 3110)

NRS 388.478 “Corporal punishment” defined. “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.

(Added to NRS by 1999, 3237)—(Substituted in revision for NRS 388.5225)

NRS 388.485 “Electric shock” defined. “Electric shock” means the application of electric current to a person’s skin or body. The term does not include electroconvulsive therapy.

(Added to NRS by 1999, 3237)—(Substituted in revision for NRS 388.523)

NRS 388.487 “Emergency” defined. “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage.

(Added to NRS by 1999, 3237)—(Substituted in revision for NRS 388.5235)

NRS 388.491 “Mechanical restraint” defined. “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile.

(Added to NRS by 1999, 3238)—(Substituted in revision for NRS 388.525)

NRS 388.494 “Physical restraint” defined. “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile.

(Added to NRS by 1999, 3238)—(Substituted in revision for NRS 388.5255)

NRS 388.495 “Verbal and mental abuse” defined. “Verbal and mental abuse” means actions or utterances that are intended to cause and actually cause severe emotional distress to a person.

(Added to NRS by 1999, 3238)—(Substituted in revision for NRS 388.526)

NRS 388.497 Aversive intervention prohibited. A person employed by the board of trustees of a school district or any other person shall not use any aversive intervention on a pupil with a disability.

(Added to NRS by 1999, 3238)—(Substituted in revision for NRS 388.5265)

NRS 388.499 Physical restraint and mechanical restraint prohibited; exceptions. A person employed by the board of trustees of a school district or any other person shall not:

1. Except as otherwise provided in NRS 388.501, use physical restraint on a pupil with a disability.

2. Except as otherwise provided in NRS 388.503, use mechanical restraint on a pupil with a disability.

(Added to NRS by 1999, 3238)—(Substituted in revision for NRS 388.527)

NRS 388.501 Conditions under which physical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year.

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

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

(b) The physical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to the pupil or to others or causing severe property damage; and

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

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

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

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

3. If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district or its designee, the pupil’s individualized education program team and the parent or guardian of the pupil. If the board of trustees or its designee determines that a denial of the pupil’s rights has occurred, the board of trustees or its designee shall submit a report to the Department in accordance with NRS 388.513.

4. If a pupil with a disability has three reports of the use of physical restraint in his or her record pursuant to subsection 3 in 1 school year, the school district shall notify the school in which the pupil is enrolled to review the circumstances of the use of the restraint on the pupil and provide a report to the school district on its findings.

5. If a pupil with a disability has five reports of the use of physical restraint in his or her record pursuant to subsection 3 in 1 school year, the pupil’s individualized education program must be reviewed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto. If physical restraint continues after the pupil’s individualized education program has been reviewed, the school district and the parent or legal guardian of the pupil shall include in the pupil’s individualized education program additional methods that are appropriate for the pupil to ensure that the restraint does not continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan and positive behavioral supports.

(Added to NRS by 1999, 3238; A 2009, 918)—(Substituted in revision for NRS 388.5275)

NRS 388.503 Conditions under which mechanical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year.

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

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

(b) A medical order authorizing the use of mechanical restraint from the pupil’s treating physician or advanced practice registered nurse is included in the pupil’s individualized education program before the application of the mechanical restraint;

(c) The physician or advanced practice registered nurse who signed the order required pursuant to paragraph (b) or the attending physician or attending advanced practice registered nurse examines the pupil as soon as practicable after the application of the mechanical restraint;

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

(e) The pupil is given the opportunity to move and exercise the parts of his or her body that are restrained at least 10 minutes per every 60 minutes of restraint, unless otherwise prescribed by the physician or advanced practice registered nurse who signed the order;

(f) A member of the staff of the school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop injury to himself or herself without the use of the restraint;

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

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

(i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or herself.

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

(a) Treat the medical needs of the pupil;

(b) Protect a pupil who is known to be at risk of injury to himself or herself because he or she lacks coordination or suffers from frequent loss of consciousness;

(d) Position a pupil who has physical disabilities in a manner prescribed in the pupil’s individualized education program.

3. If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district or its designee, the pupil’s individualized education program team and the parent or guardian of the pupil. If the board of trustees or its designee determines that a denial of the pupil’s rights has occurred, the board of trustees or its designee shall submit a report to the Department in accordance with NRS 388.513.

4. If a pupil with a disability has three reports of the use of mechanical restraint in his or her record pursuant to subsection 3 in 1 school year, the school district shall notify the school in which the pupil is enrolled to review the circumstances of the use of the restraint on the pupil and provide a report of its findings to the school district.

5. If a pupil with a disability has five reports of the use of mechanical restraint in his or her record pursuant to subsection 3 in 1 school year, the pupil’s individualized education program must be reviewed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto. If mechanical restraint continues after the pupil’s individualized education program has been reviewed, the school district and the parent or legal guardian of the pupil shall include in the pupil’s individualized education program additional methods that are appropriate for the pupil to ensure that restraint does not continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan and positive behavioral supports.

(Added to NRS by 1999, 3238; A 2009, 919; 2017, 1741)—(Substituted in revision for NRS 388.528)

NRS 388.505 Mandatory education and training for staff.

1. The Department shall develop a model program of education for use by the school districts to train the members of the staff of the schools within the school districts who are identified in the individualized education programs of pupils with disabilities to provide services to those pupils. The model program of education must provide instruction in positive behavioral interventions and positive behavioral supports that:

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

(b) Includes methods to teach skills to pupils with disabilities so that the pupils can replace inappropriate behavior with adaptive behavior;

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

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

2. The board of trustees of each school district shall provide for appropriate training for the members of the staff of the schools within the school district who are authorized to carry out and monitor physical restraint and mechanical restraint to ensure that those members of the staff are qualified to carry out the procedures in accordance with NRS 388.471 to 388.515, inclusive.

(Added to NRS by 1999, 3239)—(Substituted in revision for NRS 388.5285)

NRS 388.506 Disciplinary action against person for intentional violation. In addition to any penalty prescribed by specific statute, a person who intentionally uses aversive intervention on a pupil with a disability or intentionally violates NRS 388.499 is subject to disciplinary action pursuant to NRS 391.330 or 391.750, or both.

(Added to NRS by 1999, 3240)—(Substituted in revision for NRS 388.529)

NRS 388.508 Report of violation; corrective plan required; appointment of administrator to oversee school under certain circumstances.

1. A school where a violation of NRS 388.471 to 388.515, inclusive, occurs shall report the violation to the board of trustees of the school district not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.

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

3. The superintendent of schools of the school district shall submit the plan to the Department. The Department shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The Department may require appropriate revision of the plan to ensure compliance.

4. If the school where the violation occurred does not meet the requirements of the plan to the satisfaction of the Department, the Department may appoint a licensed administrator to oversee the school to ensure that the school meets the requirements of the plan. An administrator serves at the pleasure of the Superintendent of Public Instruction and is entitled to receive such compensation as may be set by the superintendent. A school district that contains a school for which an administrator is appointed pursuant to this subsection shall reimburse the Department for any expenses incurred by the Department pursuant to this subsection.

(Added to NRS by 1999, 3240)—(Substituted in revision for NRS 388.5295)

NRS 388.511 Retaliation for reporting violation prohibited. An officer, administrator or employee of a public school shall not retaliate against any person for having:

1. Reported a violation of NRS 388.471 to 388.515, inclusive; or

2. Provided information regarding a violation of NRS 388.471 to 388.515, inclusive,

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

(Added to NRS by 1999, 3241)—(Substituted in revision for NRS 388.531)

NRS 388.513 Reporting of denial of rights; investigation and resolution of disputes by Department.

1. A denial of rights of a pupil with a disability pursuant to NRS 388.471 to 388.515, inclusive, must be entered in the pupil’s cumulative record and a confidential file maintained for that pupil. Notice of the denial must be provided to the board of trustees of the school district or its designee.

2. If the board of trustees of a school district or its designee receives notice of a denial of rights pursuant to subsection 1, the board of trustees or its designee shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the Department.

3. The Department:

(a) Shall receive reports made pursuant to subsection 2;

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

(Added to NRS by 1999, 3241; A 2009, 921)—(Substituted in revision for NRS 388.5315)

NRS 388.515 Annual report by school districts on use of restraint and violations; compilation of reports by Department; submission of compilation to Legislature.

1. The board of trustees of each school district shall, on or before August 1 of each year, prepare a report in the form prescribed by the Department that includes, without limitation, for each school within the school district:

(a) The number of instances in which physical restraint was used at the school during the immediately preceding school year, which must indicate the number of instances per teacher employed at the school and per pupil enrolled at the school without disclosing personally identifiable information about the teacher or the pupil;

(b) The number of instances in which mechanical restraint was used at the school during the immediately preceding school year, which must indicate the number of instances per teacher employed at the school and per pupil enrolled at the school without disclosing personally identifiable information about the teacher or the pupil; and

(c) The number of violations of NRS 388.471 to 388.515, inclusive, by type of violation, which must indicate the number of violations per teacher employed at the school and per pupil enrolled at the school without disclosing personally identifiable information about the teacher or the pupil.

2. The board of trustees of each school district shall prescribe a form for each school within the school district to report the information set forth in subsection 1 to the school district and the time by which those reports must be submitted to the school district.

3. On or before August 15 of each year, the board of trustees of each school district shall submit to the Department the written report prepared by the board of trustees pursuant to subsection 1.

4. The Department shall compile the data received by each school district pursuant to subsection 3 and prepare a written report of the compilation, disaggregated by school district. On or before October 1 of each year, the Department shall submit the written compilation:

(a) In even-numbered years, to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

(b) In odd-numbered years, to the Joint Interim Standing Committee on Education.

5. If a particular item in a report required pursuant to this section would reveal personally identifiable information about an individual pupil or teacher, that item must not be included in the report.

(Added to NRS by 2009, 918)—(Substituted in revision for NRS 388.5317)

Development of Language and Literacy Skills by Pupils With Hearing or Visual Impairment

NRS 388.5155 Definitions. As used in NRS 388.5155 to 388.5195, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.516, 388.5165 and 388.517 have the meanings ascribed to them in those sections.

(Added to NRS by 2019, 3936)

NRS 388.516 “Individualized education program” defined. “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

(Added to NRS by 2019, 3936)

NRS 388.5165 “Individualized education program team” defined. “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

(Added to NRS by 2019, 3936)

NRS 388.517 “Individualized family service plan” defined. “Individualized family service plan” has the meaning ascribed to it in 20 U.S.C. § 1436.

(Added to NRS by 2019, 3936)

NRS 388.5175 Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired: Establishment; members; chair; quorum; compensation.

1. The Superintendent of Public Instruction shall establish within the Department the Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired.

2. The Superintendent shall appoint to the Committee 13 members who are the parents of pupils who are deaf, hard of hearing, blind or visually impaired, including, without limitation, pupils who are both deaf and blind, specialize in teaching or providing services to such children or perform research in a field relating to such children. The Committee must include, without limitation:

(a) At least seven members who are deaf, hard of hearing, blind or visually impaired;

(b) Members who communicate verbally using both American Sign Language and spoken English; and

3. The Superintendent of Public Instruction shall appoint a Chair of the Committee. The Committee shall meet at the call of the Chair. A majority of the members of the Committee constitutes a quorum and is required to transact any business of the Committee.

4. The members of the Committee serve without compensation and are not entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

5. A member of the Committee who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Committee and perform any work necessary to carry out the duties of the Committee in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Committee to:

(a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Committee; or

(b) Take annual leave or compensatory time for the absence.

(Added to NRS by 2019, 3936)

NRS 388.518 Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired: Duties. The Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired shall:

1. Recommend to the State Board criteria for use by parents or guardians to evaluate the development of language and literacy skills by children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind. The criteria must be:

(a) Appropriate for use to evaluate the development of language and literacy skills by children who:

(1) Communicate using primarily spoken or written English, with or without the use of visual supplements, or American Sign Language; or

(2) Read using braille;

(b) Described in terms used to describe the typical development of children, including, without limitation, children who do not have a disability, and according to the age of the child;

(c) Aligned with the standards adopted pursuant to NRS 389.520 for English language arts and any standards adopted pursuant to that section for early childhood education; and

(d) Aligned with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and any other federal law applicable to the assessment of the development of children with disabilities.

2. Make recommendations to the State Board and, where appropriate, the Aging and Disability Services Division of the Department of Health and Human Services concerning:

(a) The development of criteria pursuant to NRS 388.519;

(b) The examination of children with disabilities pursuant to NRS 388.433; and

(c) Ways to improve the assessment of language and literacy skills by children who are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind.

(Added to NRS by 2019, 3936)

NRS 388.5185 Development and dissemination of written resource for use by parents or guardians to evaluate development of language and literacy skills.

1. The State Board shall evaluate the criteria recommended by the Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired pursuant to NRS 388.518 for use by parents or guardians to evaluate the development of language and literacy skills by children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind. If the State Board determines that the criteria recommended by the Committee pursuant to NRS 388.518:

(a) Meet the requirements of that section, the State Board must adopt the criteria for the purposes described in subsection 2.

(b) Do not meet the requirements of that section, the State Board must revise the criteria in a manner that meets the requirements of that section and adopt the revised criteria for the purposes described in subsection 2.

2. The Department shall develop a written resource for use by parents or guardians to evaluate the development of language and literacy skills by children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind. The written resource must:

(a) Describe how to use the criteria adopted pursuant to subsection 1 to evaluate the development of language and literacy skills by children who are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind;

(b) Be written clearly and present the criteria in a manner that is easy for parents to use;

(c) State that parents have the right to select whether to evaluate the development of language and literacy skills by their child using American Sign Language, spoken or written English, with or without the use of visual supplements or braille, as applicable;

(d) State that the resource is not a formal assessment of the development of language and literacy skills and that the observations by a parent may differ from data presented at a meeting concerning an individualized education program or individualized family service plan;

(e) State that a parent may bring the resource to a meeting concerning an individualized education program or individualized family service plan for purposes of sharing observations concerning the development of language and literacy skills by his or her child; and

(f) Include balanced and comprehensive information about languages, modes of communication and available services and programs for children who are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind.

3. The Department shall disseminate the resource to parents or guardians described in subsection 2, including, without limitation, by:

(a) Making written copies of the resource available at locations and events where such parents or guardians are likely to be present;

(b) Posting the resource on an Internet website maintained by the Department; and

(c) Providing written copies of the resource to the Aging and Disability Services Division of the Department of Health and Human Services for distribution to such parents or guardians who receive services from the Division.

(Added to NRS by 2019, 3937)

1. The State Board shall, after considering the recommendations made by the Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired pursuant to NRS 388.518, prescribe by regulation criteria for use by school employees and providers of services to assess the development of language and literacy skills by children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind. The criteria must:

(a) Be based on criteria and assessments developed by persons and entities with expertise in the development of language and literacy skills by children, including, without limitation, children without a disability, who are less than 6 years of age; and

(b) Be organized according to stages of development of language and literacy skills.

2. The Department shall:

(a) Distribute to school districts, charter schools, the Aging and Disability Services Division of the Department of Health and Human Services and other entities that provide educational services to children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind, a summary of the criteria prescribed pursuant to subsection 1; and

(b) Provide to employees of the entities described in paragraph (a) training concerning the use of the criteria to assist children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind, in developing the language and literacy skills necessary for kindergarten. Such training must include, without limitation, training concerning children who communicate using spoken English and children who communicate using American Sign Language.

(Added to NRS by 2019, 3938)

NRS 388.5195 Report concerning development of language and literacy skills. On or before July 31 of each year, the Department of Education, in collaboration with the Aging and Disabilities Services Division of the Department of Health and Human Services, shall compile and post on an Internet website maintained by the Department of Education a report of aggregated data comparing the development of language and literacy skills by children in this State who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind, with the development of such skills by such children who do not have a disability. The report must not include any personally identifiable information.

(Added to NRS by 2019, 3939)

Program for Persons With Disabilities With Unique Needs

NRS 388.5223 Eligibility for benefits. A person with a disability is eligible to receive the benefits provided pursuant to NRS 388.5223 to 388.5243, inclusive, if:

1. The person is a resident of the State of Nevada;

2. The person is under 22 years of age, except that where the enrollment period for the school year is before his or her 22nd birthday, the person remains eligible to complete that school year irrespective of his or her age;

3. The Department of Education has prescribed minimum standards for the provision of a special education program and related services to persons with such a disability; and

4. The person’s school district:

(a) Has prepared an appropriate plan for the individualized education of the person with a disability; and

(b) Is unable to provide an appropriate special education program and related services for his or her particular disability and grade or level of education.

[466:32:1956]—(NRS A 1969, 280; 1973, 805; 1977, 371; 1979, 835; 1991, 2129; 1993, 2164, 2165)—(Substituted in revision for NRS 395.020)

NRS 388.5239 Priority of placement in homes or facilities located in this State. Persons with disabilities who are entitled to benefits pursuant to NRS 388.5223 to 388.5243, inclusive, must be given priority of placement in homes or facilities which are located in this State and under the authority of the Department of Health and Human Services.

(Added to NRS by 1995, 961)—(Substituted in revision for NRS 395.080)

NRS 388.5241 Monitoring of children placed in foster homes and residential facilities outside State. The Division of Child and Family Services of the Department of Health and Human Services shall, when monitoring children under its authority whom it has placed in foster homes and residential facilities outside of the State, also monitor the well-being of the persons with disabilities who have been placed in those foster homes and residential facilities pursuant to NRS 388.5223 to 388.5243, inclusive, and report to the Superintendent of Public Instruction concerning the condition of those persons with disabilities.

(Added to NRS by 1995, 961)—(Substituted in revision for NRS 395.090)

NRS 388.5243 Account for State Special Education Services: Creation; use of money in Account; regulations.

1. The Account for State Special Education Services is hereby created in the State General Fund to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Account. Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with this section.

2. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

3. The money in the Account may only be used for public schools and public education, as authorized by the Legislature, including, without limitation, the distribution of funding appropriated by the Legislature for a statewide multiplier for pupils with disabilities pursuant to NRS 387.122.

4. The State Board shall adopt regulations for the application, approval and disbursement of money commencing with the 2016-2017 school year to reimburse school districts and charter schools for extraordinary program expenses and related services which:

(a) Are not ordinarily present in the typical special education service and delivery system at a public school;

(b) Are associated with the implementation of the individualized education program of a pupil with significant disabilities, as defined by the State Board, to provide an appropriate education in the least restrictive environment; and

(Added to NRS by 2015, 3730; A 2017, 2262; 2021, 1126)

GIFTED AND TALENTED PUPILS

NRS 388.5251 Definitions. As used in NRS 388.5251 to 388.5267, inclusive, “gifted and talented pupil” means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

[280:32:1956]—(NRS A 1969, 444; 1973, 1427, 1579, 1846; 1989, 691; 1993, 2159; 1999, 3241; 2007, 2919; 2009, 754; 2011, 800, 2705, 2715; 2013, 743)—(Substituted in revision for part of NRS 388.440)

NRS 388.5253 Provision of education to gifted and talented pupils.

1. The Legislature declares that funding provided for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to gifted and talented pupils residing in Nevada.

2. Subject to the provisions of NRS 388.5251 to 388.5267, inclusive, the board of trustees of each school district shall make such special provisions as may be necessary for the education of gifted and talented pupils.

3. The board of trustees of a school district shall establish uniform criteria governing eligibility for instruction under the special education programs provided for by NRS 388.5251 to 388.5267, inclusive. The criteria are subject to such standards as may be prescribed by the State Board.

[281:32:1956]—(NRS A 1969, 445, 887; 1973, 1428; 1979, 1596; 1993, 2159; 1995, 679; 1999, 1966; 2009, 755; 2011, 1248; 2015, 3726)—(Substituted in revision for part of NRS 388.450)

NRS 388.5257 Pupils not required to take advantage of special provisions for education. A pupil must not be required to take advantage of the special provisions for the education of gifted and talented pupils if the parent or guardian of the pupil files a statement with the board of trustees of the school district showing that the pupil is receiving adequate educational advantages.

[282:32:1956]—(NRS A 1969, 445; 1973, 1428; 1993, 2159)—(Substituted in revision for part of NRS 388.460)

NRS 388.5259 Placement of child in special program.

1. Before any child is placed in a special program for gifted and talented pupils:

(a) A consultation must be held with the child’s parents or guardian.

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

[283:32:1956]—(NRS A 1973, 1428; 1979, 1596; 1993, 2159; 1999, 1966; 2009, 2616)—(Substituted in revision for part of NRS 388.470)

NRS 388.5261 Age for admission to special programs; enrollment counted for apportionment. Gifted and talented pupils may be admitted at the age of 4 years to special programs established for such pupils, and their enrollment or attendance may be counted for apportionment purposes.

[285:32:1956]—(NRS A 1969, 445; 1971, 548; 1973, 1429; 1975, 1119; 1989, 691, 1555; 1993, 2160)—(Substituted in revision for part of NRS 388.475)

NRS 388.5263 Special ungraded schools and programs; powers of trustees.

1. Gifted and talented pupils may be instructed in special ungraded schools or within special programs established for the instruction of such pupils.

2. Boards of trustees of school districts may:

(a) Purchase sites and erect buildings for those purposes in the same manner as other school sites or school buildings may be purchased and erected.

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

[286:32:1956]—(NRS A 1969, 445; 1973, 1429; 1993, 2160)—(Substituted in revision for part of NRS 388.500)

NRS 388.5267 Minimum standards for special education of gifted and talented pupils; limitation on apportionment of state money for instruction.

1. The State Board shall prescribe minimum standards for the special education of gifted and talented pupils.

2. The minimum standards prescribed by the State Board pursuant to subsection 1 must include standards for programs of instruction or special services maintained for the purpose of serving pupils with gifted and talented abilities.

3. No apportionment of state money may be made to any school district or charter school for the instruction of gifted and talented pupils until the program of instruction maintained therein for such pupils is approved by the Superintendent of Public Instruction as meeting the minimum standards prescribed by the State Board.

PROGRAMS TO PREVENT CRIMINAL ACTIVITY; OPERATION OF ALTERNATIVE PROGRAMS

NRS 388.532 Development of programs.

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

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

(b) Programs for the prevention of alcohol and other substance use disorders.

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

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

NRS 388.537 Alternative programs for pupils at risk of dropping out of school.

1. The board of trustees of a school district may, subject to the approval of the Superintendent of Public Instruction, operate an alternative program for the education of pupils at risk of dropping out of school, including pupils who are enrolled in kindergarten or grades 1 to 12, inclusive.

2. The board of trustees of a school district may submit to the Department, in the form prescribed by the Department, a plan to operate an alternative program.

3. The Superintendent of Public Instruction shall review each plan to operate an alternative program submitted to the Department and approve or deny the plan. Approval by the Superintendent constitutes approval of each component of the plan for the alternative program.

4. If a plan for an alternative program is denied by the Superintendent of Public Instruction, the board of trustees of a school district may appeal the decision of the Superintendent to the State Board. The State Board may approve or deny the plan for the alternative program upon appeal.

5. An alternative program may include:

(a) A shorter school day or an opportunity for pupils to attend a longer school day than that regularly provided in the school district. The alternative program must provide for a number of minutes of instruction that is equal to or greater than that which would be provided under a program consisting of 180 school days.

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

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

(e) An opportunity for pupils to satisfy either:

(1) The requirements for a regular high school diploma; or

(2) The requirements for an adult standard diploma.

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

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

(h) The placement of pupils for independent study pursuant to NRS 389.155, if the board of trustees of the school district determines that the pupil would benefit from such placement.

6. The board of trustees of a school district may operate an alternative program pursuant to this section through a program of distance education pursuant to NRS 388.820 to 388.874, inclusive.

(Added to NRS by 1993, 458; A 2001, 3156; 2005, 1050; 2007, 1991)

INSTRUCTION OF CHILDREN DETAINED IN FACILITIES FOR THE DETENTION OF CHILDREN, ALTERNATIVE PROGRAMS, JUVENILE FORESTRY CAMPS AND JUVENILE TRAINING SCHOOLS

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

1. With the approval of the juvenile court and the board of county commissioners, the board of trustees of a school district may employ necessary legally qualified teachers for the instruction of children detained in:

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

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

2. As used in this section, “juvenile court” has the meaning ascribed to it in NRS 62A.180.

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

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

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

NRS 388.570 Computation of enrollment and average daily attendance; reports to Superintendent of Public Instruction.

1. The State Board shall establish regulations for the computation of enrollment and average daily attendance of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of this section and NRS 388.550 and 388.560.

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

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

STATE SEAL OF BILITERACY PROGRAM

NRS 388.591 Establishment of Program; creation and delivery of State Seal of Biliteracy; participation in Program; regulations.

1. The Superintendent of Public Instruction shall establish a State Seal of Biliteracy Program to recognize pupils who graduate from a public high school, including, without limitation, a charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in one or more languages in addition to English.

2. The Superintendent of Public Instruction shall:

(a) Create a State Seal of Biliteracy that may be affixed to the diploma and noted on the transcript of a pupil to recognize that the pupil has met the requirements of NRS 388.593; and

(b) Deliver the State Seal of Biliteracy to each school district, charter school and university school for profoundly gifted pupils that participates in the program.

3. Any school district, charter school and university school for profoundly gifted pupils may participate in the State Seal of Biliteracy Program by notifying the Superintendent of Public Instruction of its intent to participate in the Program.

4. Each board of trustees of a school district and governing body of a charter school or university school for profoundly gifted pupils that participates in the State Seal of Biliteracy Program shall:

(a) Identify the pupils who have met the requirements to be awarded the State Seal of Biliteracy; and

(b) Affix the State Seal of Biliteracy to the diploma and note the receipt of the State Seal of Biliteracy on the transcript of each pupil who meets those requirements.

5. The Superintendent of Public Instruction may adopt regulations as necessary to carry out the provisions of this section and NRS 388.593.

(Added to NRS by 2015, 1453)

NRS 388.593 Criteria for award of State Seal of Biliteracy. A school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of Biliteracy Program established pursuant to NRS 388.591 must award a pupil, upon graduation from high school, a high school diploma with a State Seal of Biliteracy if the pupil:

1. Successfully completes all courses of study in English language arts that are required for graduation with at least a 2.0 grade point average, on a 4.0 grading scale;

2. Demonstrates proficiency in one or more languages other than English:

(a) By passing an advanced placement examination in a world language with a score of 3 or higher or passing an international baccalaureate examination in a world language with a score of 4 or higher; or

(b) By passing an examination in a world language, if the examination is approved by the board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils, as applicable; and

3. If the primary language of the pupil is not English, demonstrates proficiency in English on an assessment designated by the Department.

(Added to NRS by 2015, 1454; A 2017, 3236)

STATE SEAL OF CIVICS

NRS 388.5933 Establishment of Program; creation and delivery of State Seal of Civics; participation in Program; regulations.

1. The Superintendent of Public Instruction shall establish a State Seal of Civics Program to recognize pupils who graduate from a public high school, including, without limitation, a charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in civics.

2. The Superintendent of Public Instruction shall:

(a) Create a State Seal of Civics that may be affixed to the diploma and noted on the transcript of a pupil to recognize that the pupil has met the requirements of NRS 388.5935; and

(b) Deliver the State Seal of Civics to each school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of Civics Program.

3. Any school district, charter school and university school for profoundly gifted pupils may participate in the State Seal of Civics Program by notifying the Superintendent of Public Instruction of its intent to participate in the Program.

4. Each board of trustees of a school district and governing body of a charter school or university school for profoundly gifted pupils that participates in the State Seal of Civics Program shall:

(a) Identify the pupils who have met the requirements to be awarded the State Seal of Civics; and

(b) Affix the State Seal of Civics to the diploma and note the receipt of the State Seal of Civics on the transcript of each pupil who meets those requirements.

5. The Superintendent of Public Instruction may adopt regulations as necessary to carry out the provisions of this section and NRS 388.5935.

(Added to NRS by 2021, 1952)

NRS 388.5935 Criteria for award of State Seal of Civics.

1. A school district, charter school or university school for profoundly gifted pupils that participates in the State Seal of Civics Program established pursuant to NRS 388.5933 must award a pupil, upon graduation from high school, a high school diploma with a State Seal of Civics if the pupil:

(a) Earns at least a 3.25 grade point average on a 4.0 grading scale or, if a different grading scale is used, a 3.85 weighted grade point average on a grading scale approved by the Superintendent of Public Instruction.

(b) Demonstrates proficiency in civics by earning:

(1) At least 3 credits in social studies;

(2) A score of at least 90 percent on the examination for civics required pursuant to NRS 389.009; and

(3) A satisfactory score in citizenship.

2. The Department shall develop a rubric and set forth a satisfactory score to determine if a pupil meets the requirements for a satisfactory score in citizenship for the purposes of subparagraph (3) of paragraph (b) of subsection 1.

3. The Department shall provide guidance to public schools regarding the requirements for completing a service learning project for the purposes of paragraph (c) of subsection 1.

(Added to NRS by 2021, 1953)

NRS 388.5937 Designation of Nevada Schools of Civic Excellence, Student Civic Leaders and Educator Civic Leaders; regulations.

1. The Superintendent of Public Instruction may designate:

(a) A school district, charter school or university school for profoundly gifted pupils as a Nevada School of Civic Excellence;

(b) A pupil as a Student Civic Leader; or

2. The Superintendent of Public Instruction shall adopt regulations that set forth the criteria to earn a designation pursuant to subsection 1.

(Added to NRS by 2021, 1953)

STATE SEAL OF STEM

NRS 388.594 Establishment of Program; creation and delivery of State Seal of STEM; participation in Program; regulations.

1. The Superintendent of Public Instruction shall establish a State Seal of STEM Program to recognize pupils who graduate from a public high school, including, without limitation, a charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in science, technology, engineering and mathematics.

2. The Superintendent of Public Instruction shall:

(a) Create a State Seal of STEM that may be affixed to the diploma and noted on the transcript of a pupil to recognize that the pupil has met the requirements of NRS 388.5945; and

(b) Deliver the State Seal of STEM to each school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of STEM Program.

3. Any school district, charter school and university school for profoundly gifted pupils may participate in the State Seal of STEM Program by notifying the Superintendent of Public Instruction of its intent to participate in the Program.

4. Each board of trustees of a school district and governing body of a charter school or university school for profoundly gifted pupils that participates in the State Seal of STEM Program shall:

(a) Identify the pupils who have met the requirements to be awarded the State Seal of STEM; and

(b) Affix the State Seal of STEM to the diploma and note the receipt of the State Seal of STEM on the transcript of each pupil who meets those requirements.

5. The Superintendent of Public Instruction may adopt regulations as necessary to carry out the provisions of this section and NRS 388.5945.

(Added to NRS by 2017, 447)

NRS 388.5945 Criteria for award of State Seal of STEM. A school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of STEM Program established pursuant to NRS 388.594 must award a pupil, upon graduation from high school, a high school diploma with a State Seal of STEM if the pupil:

1. Earns at least a 3.25 grade point average, on a 4.0 grading scale, or a 3.85 weighted grade point average, on a grading scale approved by the Superintendent of Public Instruction if a different grading scale is used.

2. Demonstrates proficiency in science, technology, engineering and mathematics by earning:

(a) At least 4 credits in science;

(b) At least 4 credits in mathematics;

(c) At least 1 credit in computer science, engineering, manufacturing, electronics or a career and technical education program of study in information and media technologies or skilled and technical sciences;

(d) Any one of the following:

(1) A score of 3 or higher on an advanced placement examination in science;

(2) A score of 4 or higher on an international baccalaureate examination in science;

(3) A score of 650 or higher on a SAT Subject Test in science;

(4) A score of 23 or higher on the ACT in science;

(5) A grade of B or higher in a college-level science course completed through dual enrollment; or

(6) A score of gold or higher on the ACT National Career Readiness Certificate; and

(e) Any one of the following:

(1) A score of 3 or higher on an advanced placement examination in mathematics;

(2) A score of 4 or higher on an international baccalaureate examination in mathematics;

(3) A score of 530 or higher on the SAT in mathematics;

(4) A score of 22 or higher on the ACT in mathematics;

(5) A grade of B or higher in a college-level mathematics course completed through dual enrollment; or

(6) A score of gold or higher on the ACT National Career Readiness Certificate.

(Added to NRS by 2017, 448)

FINANCIAL LITERACY

NRS 388.596 Establishment of State Seal of Financial Literacy Program; creation and delivery of State Seal; participation in Program; professional development; regulations.

1. The Superintendent of Public Instruction shall establish a State Seal of Financial Literacy Program to recognize pupils who graduate from a public high school, including, without limitation, a charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in financial literacy.

2. The Superintendent of Public Instruction shall:

(a) Create a State Seal of Financial Literacy that may be affixed to the diploma and noted on the transcript of a pupil to recognize that the pupil has met the requirements of NRS 388.5962; and

(b) Deliver the State Seal of Financial Literacy to each school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of Financial Literacy Program.

3. Any school district, charter school and university school for profoundly gifted pupils may participate in the State Seal of Financial Literacy Program by notifying the Superintendent of Public Instruction of its intent to participate in the Program.

4. Each board of trustees of a school district and governing body of a charter school or university school for profoundly gifted pupils that participates in the State Seal of Financial Literacy Program shall:

(a) Identify the pupils who have met the requirements to be awarded the State Seal of Financial Literacy; and

(b) Affix the State Seal of Financial Literacy to the diploma and note the receipt of the State Seal of Financial Literacy on the transcript of each pupil who meets those requirements.

5. To the extent that money is available, the school districts and the Department of Education shall provide professional development training regarding financial literacy to teachers who teach in a subject area in which instruction in financial literacy is provided.

6. The Superintendent of Public Instruction may adopt regulations as necessary to carry out the provisions of this section and NRS 388.5962.

(Added to NRS by 2019, 1986)

NRS 388.5962 Criteria for award of State Seal of Financial Literacy. A school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of Financial Literacy Program established pursuant to NRS 388.596 must award a pupil, upon graduation from high school, a high school diploma with a State Seal of Financial Literacy if the pupil:

2. Demonstrates proficiency in financial literacy by earning:

(a) At least 3 credits in a subject area in which instruction on financial literacy is provided; and

(b) Either of the following:

(1) A grade of B or higher in a college-level course in which instruction on financial literacy is provided; or

(2) A score of gold or higher on the ACT National Career Readiness Certificate.

(Added to NRS by 2019, 1985)

NRS 388.5964 Establishment of Financial Literacy Month; regulations.

1. The Department of Education shall establish a Financial Literacy Month to be held once each school year. To the extent that money is available for that purpose, the Financial Literacy Month must include, without limitation:

(a) A parent and family engagement summit, including, without limitation, programs related to saving and spending, employability skills, applying to and attending college, applying for and receiving financial aid, retirement and investments; and

(b) A Student Smart Week and a Money Week.

2. The Department may adopt regulations as necessary to carry out the provisions of this section and NRS 391A.210.

(Added to NRS by 2019, 1986)

1. The State Financial Literacy Advisory Council is hereby created. The Council consists of:

(a) The following ex officio members:

(1) The Superintendent of Public Instruction or his or her designee; and

(2) The Chancellor of the Nevada System of Higher Education or his or her designee;

(b) Three members appointed by the Governor;

(d) Two members appointed by the Speaker of the Assembly;

(e) One member appointed by the Minority Leader of the Senate;

(f) One member appointed by the Minority Leader of the Assembly; and

(g) One member appointed by the Chancellor of the Nevada System of Higher Education who has a background in economics or financial literacy.

2. The Governor, the Majority Leader and the Minority Leader of the Senate, the Speaker and Minority Leader of the Assembly and the Chancellor of the Nevada System of Higher Education shall coordinate their respective appointments of members to the Council to ensure that, to the extent practicable, the members appointed to the Council reflect the gender, ethnic and geographic diversity of this State and that:

(a) Three members of the Council are members of the business community with a background in economics;

(b) One member of the Council is a member of the business community who is employed in the banking industry;

(d) Three members of the Council are teachers who hold a license to teach elementary, middle or junior high school or secondary education, respectively, and who:

(1) Teach in an elementary, middle or junior high or high school, respectively;

(2) Have received training in financial literacy; and

(3) Are responsible for teaching courses relating to financial literacy;

(e) One member of the Council is an administrator of a public school; and

(f) One member of the Council is an administrator of a school district.

3. Any vacancy occurring in the membership of the Council must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

4. The Council shall elect a Chair and Vice Chair from among its members at the first meeting of the Council and at the first meeting of the calendar year each year thereafter. The Chair and Vice Chair serve a term of 1 year.

5. Each member of the Council serves a term of 2 years and may be reappointed.

6. The Council shall meet at least four times a year at the call of the Chair. One meeting of the Council must be held in person and any other meeting may be held by videoconference.

7. A majority of the members of the Council constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Council.

8. The Chair may appoint such subcommittees of the Council as the Chair determines necessary to carry out the duties of the Council.

9. The members of the Council serve without compensation, except that each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the official business of the Council.

10. Each member of the Council who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Council and perform any work necessary to carry out the duties of the Council in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Council to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

11. Any costs associated with employing a substitute teacher while a member of the Council who is a teacher attends a meeting of the Council must be paid by the school district that employs the member.

12. To the extent that money is available, the Department shall provide administrative support to the Council.

(Added to NRS by 2019, 1987)

1. The State Financial Literacy Advisory Council is hereby created in the Department. The Council consists of the following members appointed by the Superintendent of Public Instruction:

(a) Three members who are members of the business community with a background in economics;

(b) One member who is a member of the business community who is employed in the banking industry;

(d) Three members who are teachers who hold a license to teach elementary, middle or junior high school or secondary education, respectively, and who:

(1) Teach in an elementary, middle or junior high or high school, respectively;

(2) Have received training in financial literacy; and

(3) Are responsible for teaching courses relating to financial literacy;

(e) One member who is an administrator of a public school;

(f) One member who is an administrator of a school district; and

(g) One member who is a pupil enrolled in high school.

2. Any vacancy occurring in the membership of the Council must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

3. The Council shall elect a Chair and Vice Chair from among its members at the first meeting of the Council and at the first meeting of the calendar year each year thereafter. The Chair and Vice Chair serve a term of 1 year.

4. Each member of the Council serves a term of 2 years and may be reappointed.

5. The Council shall meet at least four times a year at the call of the Chair. One meeting of the Council must be held in person and any other meeting may be held by videoconference.

6. A majority of the members of the Council constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Council.

7. The Chair may appoint such subcommittees of the Council as the Chair determines necessary to carry out the duties of the Council.

8. The members of the Council serve without compensation, except that each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the official business of the Council.

9. Each member of the Council who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Council and perform any work necessary to carry out the duties of the Council in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Council to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

10. Any costs associated with employing a substitute teacher while a member of the Council who is a teacher attends a meeting of the Council must be paid by the school district that employs the member.

(Added to NRS by 2019, 1987; A 2023, 145, effective July 1, 2028)

NRS 388.5968 State Financial Literacy Advisory Council: Duties. The State Financial Literacy Advisory Council created by NRS 388.5966 shall:

1. Develop a strategic plan for the development of educational resources in financial literacy to serve as a foundation for professional development for pupils;

2. Identify learning activities targeted toward the standards and criteria of a curriculum in financial literacy;

3. Develop and facilitate, in coordination with the Department:

(a) The Financial Literacy Month, including, without limitation, Student Smart Week, Money Week and the parent and family engagement summit established pursuant to NRS 388.5964; and

(b) The annual summit for educators established pursuant to NRS 391A.210;

4. In accordance with NRS 388.5962, develop the criteria a pupil must meet to be awarded the State Seal of Financial Literacy;

5. Apply for grants, gifts and donations of money to carry out the objectives of the Council; and

6. Prepare a written report which includes, without limitation, recommendations concerning the instruction and curriculum in financial literacy and the activities of the Council and, on or before January 31 of each even-numbered year, submit a copy of the report to the Superintendent of Public Instruction, the Chancellor of the Nevada System of Higher Education, the Joint Interim Standing Committee on Education and the Governor.

(Added to NRS by 2019, 1988)

STATE SEAL OF STEAM

NRS 388.597 Establishment of Program; creation and delivery of State Seal of STEAM; participation in Program; regulations.

1. The Superintendent of Public Instruction shall establish a State Seal of STEAM Program to recognize pupils who graduate from a public high school, including, without limitation, a charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in science, technology, engineering, the arts and mathematics.

2. The Superintendent of Public Instruction shall:

(a) Create a State Seal of STEAM that may be affixed to the diploma and noted on the transcript of a pupil to recognize that the pupil has met the requirements of NRS 388.5975; and

(b) Deliver the State Seal of STEAM to each school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of STEAM Program.

3. Any school district, charter school and university school for profoundly gifted pupils may participate in the State Seal of STEAM Program by notifying the Superintendent of Public Instruction of its intent to participate in the Program.

4. Each board of trustees of a school district and governing body of a charter school or university school for profoundly gifted pupils that participates in the State Seal of STEAM Program shall:

(a) Identify the pupils who have met the requirements to be awarded the State Seal of STEAM; and

(b) Affix the State Seal of STEAM to the diploma and note the receipt of the State Seal of STEAM on the transcript of each pupil who meets those requirements.

5. The Superintendent of Public Instruction may adopt regulations as necessary to carry out the provisions of this section and NRS 388.5975.

(Added to NRS by 2017, 449)

NRS 388.5975 Criteria for award of State Seal of STEAM. A school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of STEAM Program established pursuant to NRS 388.597 must award a pupil, upon graduation from high school, a high school diploma with a State Seal of STEAM if the pupil:

2. Demonstrates proficiency in science, technology, engineering, the arts and mathematics by earning:

(a) At least 3 credits in science;

(b) At least 4 credits in mathematics;

(d) At least 1 credit in fine arts;

(e) Any one of the following:

(1) A score of 3 or higher on an advanced placement examination in science;

(2) A score of 4 or higher on an international baccalaureate examination in science;

(3) A score of 650 or higher on a SAT Subject Test in science;

(4) A score of 23 or higher on the ACT in science;

(5) A grade of B or higher in a college-level science course completed through dual enrollment; or

(6) A score of gold or higher on the ACT National Career Readiness Certificate; and

(f) Any one of the following:

(1) A score of 3 or higher on an advanced placement examination in mathematics;

(2) A score of 4 or higher on an international baccalaureate examination in mathematics;

(3) A score of 530 or higher on the SAT in mathematics;

(4) A score of 22 or higher on the ACT in mathematics;

(5) A grade of B or higher in a college-level mathematics course completed through dual enrollment; or

(6) A score of gold or higher on the ACT National Career Readiness Certificate.

(Added to NRS by 2017, 449)

EDUCATION AND COUNSELING OF DISPLACED HOMEMAKERS

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

1. “Board” means the Board for the Education and Counseling of Displaced Homemakers.

2. “Director” means the Director of the Department of Employment, Training and Rehabilitation.

3. “Displaced homemaker” means any person who:

(a) Is not gainfully employed or has less than full-time or adequate employment;

(b) Has worked at home for a substantial number of years providing household services to members of his or her family without compensation;

(d) Has been dependent:

(1) On the income of another member of his or her family, but is no longer supported by that income;

(2) Upon public assistance but is no longer eligible; or

(3) On another member of his or her family for the management of his or her personal finances, but that person is no longer available to provide that assistance.

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

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

1. The Board for the Education and Counseling of Displaced Homemakers is hereby created. The Board consists of five members appointed by the Governor, one of whom must be a current or former displaced homemaker and one of whom must be representative of business in the State.

2. The Board shall:

(a) At its first meeting and annually thereafter elect a Chair from among its members.

(b) Meet regularly at least once each calendar quarter and at other times upon the call of the Chair.

3. The members of the Board serve without compensation, except that each member of the Board is entitled to the per diem allowance and travel expenses provided for state officers and employees generally, which must be paid from the account established pursuant to subsection 2 of NRS 19.033.

(Added to NRS by 1989, 916; A 2015, 1371)

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

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

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

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

(b) Establish regional centers which provide services for displaced homemakers in two or more counties whose populations are less than 100,000.

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

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

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

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

NRS 388.635 Provision of services by center for displaced homemakers. Each center shall provide:

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

(a) Assessment of the homemaker’s skills;

(b) Clarification of the homemaker’s employment goals and information regarding the availability of various types of employment;

(d) Referrals to public and private programs of training and placement.

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

(a) The initial steps in seeking employment;

(b) Skills for contacting employers;

(d) Writing resumes;

(e) Skills for effective interviewing;

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

(g) Skills for effective communication;

(h) Appropriate conduct in an office; and

(i) Resolving conflicts involving work and family.

3. Weekly meetings to allow the displaced homemakers it serves to share information regarding employment and to discuss their concerns regarding seeking and retaining employment.

4. Educational and counseling services relating to health and health care, including education about obtaining and paying for health care and related services, particularly about selecting physicians and others who provide the services, including health maintenance organizations and health insurance.

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

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

(a) Assistance to persons with substance use disorders;

(b) Personal counseling;

(d) Child care; and

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

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

NRS 388.645 Selection of organization to administer center; coordination with state and federal programs.

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

2. The Chair of the Board shall consult and cooperate with such agencies of the Federal and State Governments as the Board considers appropriate to facilitate the establishment of a center which utilizes or is coordinated with existing state and federal programs of a similar nature.

(Added to NRS by 1989, 917)

NRS 388.655 Executive director for center; quarterly reports to Board.

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

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

(a) Obtained employment; and

(b) Enrolled in educational programs.

Ê The report must include the hourly wage received and the number of hours worked per week by each displaced homemaker.

(Added to NRS by 1989, 917)

REDUCTION OF PUPIL-TEACHER RATIO IN CERTAIN CLASSES

1. Except as otherwise provided in this section, for each school quarter of a school year, the ratio in each school district of pupils per licensed teacher designated to teach, on a full-time basis, in classes where core curriculum is taught:

(a) In kindergarten and grades 1 and 2, must not exceed 16 to 1, and in grade 3, must not exceed 18 to 1; or

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

Ê In determining this ratio, all licensed educational personnel who teach a grade level specified in paragraph (a) or a grade level specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district, must be counted except teachers of art, music, physical education or special education, teachers who teach one or two specific subject areas to more than one classroom of pupils, counselors, librarians, administrators, deans, specialists, any administrators or other licensed educational personnel, including, without limitation, counselors, coaches and special education teachers, who may be present in a classroom but do not teach every pupil in the classroom and teachers who are not actively teaching pupils during a class period or who do not teach a subject area for which the ratio of pupils per licensed teacher is being determined.

2. A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the end of a quarter during the school year to any existing class regardless of the number of pupils in the class if the school district requests and is approved for a variance from the State Board pursuant to subsection 4.

3. Each school district that includes one or more elementary schools which exceed the ratio of pupils per class during any quarter of a school year, as reported to the Department pursuant to NRS 388.725:

(a) Set forth in subsection 1;

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

Ê must request a variance for each such school for the next quarter of the current school year if a quarter remains in that school year or for the next quarter of the succeeding school year, as applicable, from the State Board by providing a written statement that includes the reasons for the request, the justification for exceeding the applicable prescribed ratio of pupils per class and a plan of actions that the school district will take to reduce the ratio of pupils per class.

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

5. The State Board shall, on a quarterly basis, submit a report to the Interim Finance Committee on each variance requested by a school district pursuant to subsection 4 during the preceding quarter and, if a variance was granted, an identification of each elementary school for which a variance was granted and the specific justification for the variance.

6. The State Board shall, on or before February 1 of each odd-numbered year, submit a report to the Legislature on:

(a) Each variance requested by a school district pursuant to subsection 4 during the preceding biennium and, if a variance was granted, an identification of each elementary school for which variance was granted and the specific justification for the variance.

(b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district.

7. The Department shall, on or before November 15 of each year, report to the Chief of the Budget Division of the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau:

(a) The number of teachers employed full-time;

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

(d) The number of pupils enrolled; and

(e) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,

Ê during the current school year in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable, for each school district.

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

(Added to NRS by 1989, 2105; A 1993, 1362; 1995, 2820; 1999, 3312; 2001, 3157; 2005, 1264, 2161; 2013, 27th Special Session, 32; 2015, 3727; 2019, 979; 2021, 2126)

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

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

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

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

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

1. Except as otherwise provided in subsection 2, each school district together with the recognized associations representing licensed educational personnel shall develop a plan to reduce the district’s pupil-teacher ratio per class in kindergarten and grades 1, 2 and 3 within the limits of available financial support specifically set aside for this purpose and submit that plan to the State Board.

2. In lieu of complying with the pupil-teacher ratio prescribed in paragraph (a) of subsection 1 of NRS 388.700, a school district in a county whose population is less than 100,000 may, in consultation with the recognized associations representing licensed educational personnel, develop a plan to reduce the district’s pupil-teacher ratios per class for specified grade levels in elementary schools. Alternative ratios for grade 6 may only be approved for those school districts that include grade 6 in elementary school. The alternative pupil-teacher ratios must not:

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

(b) Exceed 25 to 1 in grades 4 and 5 or grades 4, 5 and 6, as applicable.

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

(a) Reduces the district’s pupil-teacher ratio in the elementary schools within the school district; and

(b) Is fiscally neutral such that the plan will not cost more to carry out than a plan that complies with the ratios prescribed in paragraph (a) of subsection 1 of NRS 388.700.

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

1. Develop policies and procedures for:

(a) Monitoring the plan of each school district to reduce the pupil-teacher ratio per class developed pursuant to NRS 388.720, which must include, without limitation, provisions for:

(1) The review of each plan submitted to the State Board to ensure the adequacy of such plans; and

(2) The review of any data submitted to the State Board pursuant to NRS 388.710.

(b) Monitoring the quarterly reports concerning the average daily enrollment of pupils and the pupil-teacher ratios in each school district submitted by the board of trustees of the school district pursuant to NRS 388.725 to ensure the completeness and accuracy of such reports.

(c) The review of any requests for a variance submitted to the State Board pursuant to NRS 388.700, which must include, without limitation, provisions to verify the information in such requests to ensure the accuracy of the reports on variances submitted by the State Board to the Legislature pursuant to that section.

(d) The distribution of money to each school district for the reduction of pupil-teacher ratios, which must include, without limitation, provisions for:

(1) The retention of all documents and records related to the distribution; and

(2) The review of the work performed to determine the distribution of such money to ensure the accuracy of supporting information and the calculations used in making such determinations.

2. Provide guidance to the school districts on:

(a) The development of a plan to reduce the pupil-teacher ratio per class pursuant to NRS 388.720. In developing such guidance, the Department shall:

(1) Outline the criteria that each plan must include to meet the requirements of NRS 388.720.

(2) Provide examples of policies, plans or strategies adopted by other states to reduce class sizes.

(b) The requirements for reporting information related to the reduction of pupil-teacher ratios.

(c) The data that must be monitored pursuant to NRS 388.710 by each school district and used to measure the effectiveness of the implementation of any plan to reduce pupil-teacher ratios.

3. Communicate with the board of trustees of each school district regarding the expectations of the Department for the use of any money distributed to reduce pupil-teacher ratios in the school district, including, without limitation, the minimum number of teachers the school district is expected to employ.

(Added to NRS by 2015, 3060; A 2019, 791)

NRS 388.725 Quarterly reports of average daily enrollment and pupil-teacher ratios in elementary schools required of school districts; posting of report on Internet website.

1. On or before August 1, November 1, February 1 and May 1 of each year, the board of trustees of each school district shall report to the Department for the preceding quarter:

(a) Except as otherwise provided in paragraph (b), the average daily enrollment of pupils and the ratio of pupils per licensed teacher for grades 1, 2 and 3 for each elementary school in the school district.

(b) If the State Board has approved an alternative class-size reduction plan for the school district pursuant to NRS 388.720, the average daily enrollment of pupils and the ratio of pupils per licensed teacher for those grades which are required to comply with the alternative class-size reduction plan for each elementary school in the school district.

2. The board of trustees of each school district shall post on the Internet website maintained by the school district:

(a) The information concerning average daily enrollment and class size for each elementary school in the school district, as reported to the Department pursuant to subsection 1; and

(b) An identification of each elementary school in the school district, if any, for which a variance from the prescribed pupil-teacher ratios was granted by the State Board pursuant to subsection 4 of NRS 388.700.

(Added to NRS by 2013, 27th Special Session, 31; A 2019, 792)

EDUCATIONAL FOUNDATIONS

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

1. An educational foundation:

(a) Shall comply with the provisions of chapter 241 of NRS if the educational foundation is a public body, as defined in NRS 241.015;

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

2. An educational foundation is not required to disclose the names of the contributors to the foundation or the amount of their contributions. The educational foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.

3. As used in this section, “educational foundation” means a nonprofit corporation, association or institution or a charitable organization that is:

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

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

(Added to NRS by 1993, 2305; A 2003, 3491; 2003, 20th Special Session, 204; 2005, 963; 2011, 1356; 2023, 1156)

EDUCATIONAL TECHNOLOGY

NRS 388.780 Definitions. As used in NRS 388.780 to 388.815, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.787 and 388.788 have the meanings ascribed to them in those sections.

(Added to NRS by 1997, 1770; A 2011, 2309; 2017, 4176; 2023, 288)

NRS 388.785 “Commission” defined. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)

NRS 388.787 “Committee” defined. “Committee” means the Joint Interim Standing Committee on Education created pursuant to NRS 218E.320.

(Added to NRS by 1997, 1770; A 2021, 2531)

NRS 388.788 “Program” defined. “Program” means the Nevada Ready 21 Technology Program created by NRS 388.810.

(Added to NRS by 2017, 4174)

NRS 388.789 Superintendent of Public Instruction required to ensure Department carries out duties successfully. The Superintendent of Public Instruction is responsible for ensuring that the duties and responsibilities set forth in NRS 388.780 to 388.815, inclusive, are carried out by the Department successfully.

(Added to NRS by 2011, 2309; A 2023, 288)

NRS 388.790 Commission on Educational Technology: Creation; membership; terms; removal and vacancy; quarterly meetings required; compensation. Repealed. (See chapter 60, Statutes of Nevada 2023, at page 296.)

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

(a) Plans that have been adopted by the school districts and charter schools in this State and any other relevant plan that has been adopted by the Department;

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

(c) The information reported pursuant to NRS 385A.310 and similar information included in the annual report of accountability information prepared by the State Public Charter School Authority, a college or university within the Nevada System of Higher Education and a city or county that sponsors a charter school pursuant to subsection 3 of NRS 385A.070;

(d) The results of the assessment of needs conducted pursuant to subsection 5; and

(e) Any other information that the Department or the Committee deems relevant to the preparation of the plan.

2. The plan established by the Department must include recommendations for methods to:

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

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

(c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, without limitation, the receipt of credit for college courses completed through the use of educational technology;

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

(e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, without limitation, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.

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

(a) The State Board.

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

4. The Department shall:

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

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

(c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the Trust Fund to:

(1) Repair, replace and maintain computer systems.

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

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

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

(e) Review the plan annually and make revisions as it deems necessary or as recommended by the Committee.

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

5. During the spring semester of each even-numbered school year, the Department shall conduct an assessment of the needs of each school district relating to educational technology. In conducting the assessment, the Department shall consider:

(a) The recommendations set forth in the plan pursuant to subsection 2;

(b) The plan for educational technology of each school district, if applicable;

(d) Any other information deemed relevant by the Department.

Ê The Department shall submit a final written report of the assessment to the Superintendent of Public Instruction on or before April 1 of each even-numbered year.

6. The Superintendent of Public Instruction shall prepare a written compilation of the results of the assessment conducted by the Department and transmit the written compilation on or before June 1 of each even-numbered year to the Committee and to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

7. The Director may appoint an advisory committee composed of employees of the Department or other qualified persons to provide recommendations to the Department regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this State. The advisory committee serves at the pleasure of the Director and without compensation unless an appropriation or other money for that purpose is provided by the Legislature.

8. As used in this section, “public school” includes the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.

(Added to NRS by 1997, 1771; A 1999, 1199; 2003, 1139; 2003, 19th Special Session, 50; 2005, 1177; 2007, 1961; 2011, 2281, 2375; 2015, 3305, 3809; 2019, 2006, 2062; 2023, 288, 2176)

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

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

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

3. The money in the Trust Fund may be used only for the distribution of money to school districts and charter schools to be used in kindergarten through 12th grade to obtain and maintain hardware and software for computer systems, equipment for transfer of data by modem through connection to telephone lines, and other educational technology as may be approved by the Department for use in classrooms.

(Added to NRS by 1995, 1457; A 1997, 1774; 2015, 3307; 2023, 290)

NRS 388.805 Trust Fund for Educational Technology: Program for school districts and charter schools to apply for money from Fund. The Department shall adopt regulations that establish a program whereby school districts and charter schools may apply to the Department for money from the Trust Fund for Educational Technology.

(Added to NRS by 1995, 1457; A 1997, 1774; 2015, 3307; 2023, 291)

1. The Nevada Ready 21 Technology Program is hereby created for the purposes of:

(a) Providing each pupil and teacher at a public school which participates in the Program with 24-hour access to their own personal, portable technology device connected wirelessly to the Internet;

(b) Improving pupil outcomes through the use of digital teaching and learning technology, including, without limitation:

(1) Improving the extent to which pupils are engaged in classroom activity;

(2) Improving the attendance rate of pupils;

(3) Improving the graduation rate of pupils;

(4) Reducing the number of behavioral incidents in a classroom;

(5) Facilitating the application of material taught in the classroom to the real world; and

(6) Differentiating classroom instruction;

(c) Providing high-quality professional development for teachers to improve pupil outcomes through the use of digital teaching and learning technology;

(d) Effectively integrating technologies with teaching and learning; and

(e) Increasing the percentage of pupils who are career and workforce ready.

2. The Department shall administer the Program.

3. In administering the Program, the Department shall establish procedures by which the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils may apply to the Department for a grant of money. An application for a grant must:

(a) Set forth a plan that includes:

(1) Measures designed to ensure that the school district, charter school or university school for profoundly gifted pupils submitting the application will apply best practices to the use of technology devices;

(2) Specific learning goals; and

(3) A method for measuring progress toward achieving those goals; and

(b) Provide a description of:

(1) The cost of purchasing the portable technology devices, the cost of professional development and any additional associated expenses of the school district, charter school or university school for profoundly gifted pupils to carry out the Program;

(2) The amount of money sought; and

(3) How the school district, charter school or university school for profoundly gifted pupils will pay for the difference between subparagraphs (1) and (2), if a difference exists.

4. To the extent that money is available, the Department shall designate the amount of money that will be provided for each person intended to be served by any grant awarded by the Department. The Department shall review all applications submitted pursuant to subsection 3 and award a grant to the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils in an amount determined by multiplying such an amount designated by the number of persons identified by the recipient of the grant to be served by the grant. The Department may establish by regulation the criteria it will consider in determining whether to award a grant but shall not give preference in the awarding of a grant to an applicant solely on the basis of the vendor that the applicant intends to use pursuant to the grant.

5. The Department shall, in consultation with each school district, establish standards and methods for measuring progress in the level of academic achievement and other areas identified by the Department for pupils enrolled at public schools that are awarded a grant of money pursuant to subsection 4.

(Added to NRS by 2017, 4174; A 2023, 291)

NRS 388.815 Annual report by grant recipient; Department to enter into agreement with person or entity to carry out Program; provision of services through agreement with grant recipient authorized.

1. A school district, charter school or university school for profoundly gifted pupils that receives a grant pursuant to NRS 388.810 shall annually provide a report to the Department in the form prescribed by the Department that includes, without limitation:

(a) Any expenditures of money to implement the Program by the school district, charter school or university school for profoundly gifted pupils;

(b) A summary of the progress of the school district, charter school or university school for profoundly gifted pupils toward meeting the learning goals specified in the application for a grant submitted pursuant to NRS 388.810; and

(c) Any feedback received by the school district, charter school or university school for profoundly gifted pupils concerning the Program from other recipients of money from the Program.

2. The Department shall enter into an agreement with a person or entity to carry out the Program. Such a person or entity may provide the following services:

(a) Computing devices that meet the minimum requirements established by the Department for use in the Program.

(b) Software and applications.

(c) Learning management systems that allow the school district, charter school or university school for profoundly gifted pupils to create instructional materials to be used in a classroom and to track and manage such materials.

(d) Professional development.

(e) Wireless networking solutions.

3. A school district, charter school or university school for profoundly gifted pupils that receives a grant pursuant to NRS 388.810 may enter into an agreement with a person or entity to provide any or all of the services described in paragraphs (a) to (e), inclusive, of subsection 2.

(Added to NRS by 2017, 4176; A 2023, 292)

DISTANCE EDUCATION

General Provisions

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

(Added to NRS by 2001, 3149)

NRS 388.823 “Course of distance education” defined. “Course of distance education” means a course of study that uses distance education as its primary mechanism for delivery of instruction.

(Added to NRS by 2001, 3149)

NRS 388.826 “Distance education” defined. “Distance education” means synchronous or asynchronous instruction which 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 2001, 3149; A 2007, 1992; 2021, 3517)

NRS 388.829 “Program of distance education” defined.

1. “Program of distance education” means a program comprised of one or more courses of distance education that is provided by the board of trustees of a school district or the governing body of a charter school.

2. The term does not include a program of distance education provided by a private school pursuant to NRS 394.134 or a university school for profoundly gifted pupils pursuant to NRS 388C.130.

(Added to NRS by 2001, 3149; A 2003, 223; 2007, 1992; 2013, 1512; 2015, 1194)

Approved Courses; Procedure for Application

NRS 388.834 Publication of list of approved distance education courses.

1. The Department shall prepare and publish a list of courses of distance education that satisfy the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations. If an application to provide a program of distance education is approved pursuant to NRS 388.838, the Department shall automatically include on the list each course of study included within that program if the course of study had not been approved pursuant to this section before submission of the application to provide the program.

2. A person or entity that has developed a course of distance education, including, without limitation, a vendor of a course of distance education, the Nevada System of Higher Education or other postsecondary educational institution, a board of trustees of a school district or a governing body of a charter school, may submit an application for inclusion of the course on the list prepared by the Department. The Department shall approve an application if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations. The Department shall provide written notice to the applicant of its approval or denial of the application.

3. If the Department denies an application, the Department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The Department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations.

(Added to NRS by 2001, 3149)

NRS 388.838 Submission of application to Department; conditions for approval; opportunity to correct deficiencies; requirement to develop plan.

1. The board of trustees of a school district or the governing body of a charter school or a university school for profoundly gifted pupils may submit an application to the Department to provide a program of distance education. In addition, a committee to form a charter school may submit an application to the Department to provide a program of distance education if the application to form the charter school submitted by the committee pursuant to NRS 388A.246 indicates that the charter school intends to provide a program of distance education.

2. An applicant to provide a program of distance education may seek approval to provide a program that is comprised of one or more courses of distance education included on the list of courses approved by the Department pursuant to NRS 388.834 or a program that is comprised of one or more courses contained in the model curriculum of the school district or charter school.

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

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

(b) Except as otherwise provided in this paragraph, proof satisfactory to the Department that the program satisfies all applicable statutes and regulations. The proof required by this paragraph shall be deemed satisfied if the program is comprised only of courses of distance education approved by the Department pursuant to NRS 388.834 before submission of the application.

(c) A description of how the program will ensure access to technology for pupils and teachers or other school employees and communicate with pupils, their families and staff regarding the program of distance education.

4. Except as otherwise provided in this subsection, the Department shall approve an application submitted pursuant to this section if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations. The Department shall deny an application to provide a program of distance education submitted by a committee to form a charter school if the Department denies the application to form a charter school submitted by that committee. The Department shall provide written notice to the applicant of the Department’s approval or denial of the application.

5. If the Department denies an application, the Department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The Department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations.

6. The board of trustees of each school district and the governing body of each university school for profoundly gifted pupils that provides a program of distance education shall:

(a) Develop a plan for conducting a program of distance education.

(b) Present the plan for conducting a program of distance education to the public at a public meeting or, if the plan was developed by the governing body of a university school for profoundly gifted pupils, the sponsor of the university school at least 45 days before the first day of each school year.

(c) Provide a copy of the plan for conducting a program of distance education to the school community, parents and employees of the school district or university school for profoundly gifted pupils.

(d) On or before December 31 of each year, develop a plan to make technology available to all pupils and teachers or other school employees involved in a program of distance education. The plan must include, without limitation, an estimate of the cost to make technology available to the pupils and teachers or other school employees. The board of trustees of each school district and governing body of each university school for profoundly gifted pupils shall post the plan created pursuant to this paragraph on its Internet website.

(e) On or before August 1 of each year, implement the plan developed pursuant to paragraph (d).

7. The governing body of each charter school:

(a) Shall develop a plan for conducting a program of distance education for at least 10 school days in the event of an emergency that necessitates the closing of all public schools in this State.

(b) Present its plan for conducting a program of distance education to the sponsor of the charter school at least 45 days before the first day of each school year.

(c) May develop a plan for conducting a program of distance education outside of an emergency that necessitates the closing of all public schools in this State.

(d) If a plan for conducting a program of distance education is developed pursuant to paragraph (c), shall submit the plan as part of a written request for an amendment of the charter contract pursuant to NRS 388A.276.

(e) Shall provide a copy of the plan for conducting a program of distance education to the school community, parents and employees of the charter school.

(f) Shall, on or before December 31 of each year, develop a plan to make technology available to all pupils and teachers involved in a program of distance education. The plan must include, without limitation, an estimate of the cost to make technology available to the pupils and teachers or other school employees. The governing body of each charter school shall post the plan created pursuant to this paragraph on its Internet website.

(Added to NRS by 2001, 3150; A 2005, 2414; 2021, 3517)

Operation of Programs; Regulations

NRS 388.842 Alternate scheduling permitted; minimum time required for full-time program; demonstration of proficiency.

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

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

(b) During any part of the calendar year.

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

3. A pupil enrolled in a program of distance education on a full-time basis who demonstrates sufficient proficiency to meet the objectives of a course of distance education may complete the course of distance education in a shorter period of time than is normally allotted for the course of distance education.

(Added to NRS by 2001, 3150; A 2021, 3519)

NRS 388.846 Compliance with statutes and regulations; notice by charter school to board of trustees concerning type of educational services provided.

1. If the board of trustees of a school district provides a program of distance education, the board of trustees shall ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the school district, including, without limitation:

(a) Graduation requirements;

(b) Accountability of public schools, as set forth in chapter 385A of NRS;

(d) Discipline of pupils.

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

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

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

(1) Graduation requirements;

(2) Accountability of public schools, as set forth in chapter 385A of NRS;

(3) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

(4) Discipline of pupils.

(Added to NRS by 2001, 3154; A 2003, 19th Special Session, 52; 2013, 1929; 2023, 472)

NRS 388.850 Eligibility for enrollment.

1. A pupil may enroll in a program of distance education if:

(a) Pursuant to this section or other specific statute, the pupil is eligible for enrollment or the pupil’s enrollment is not otherwise prohibited;

(b) The program of distance education in which the pupil wishes to enroll is offered by the school district in which the pupil resides or a charter school or, if the program of distance education in which the pupil wishes to enroll is a full-time program of distance education offered by a school district other than the school district in which the pupil resides, the program is not the same or substantially similar to a program of distance education offered by the school district in which the pupil resides;

(c) The pupil satisfies the qualifications and conditions for enrollment adopted by the State Board pursuant to NRS 388.874; and

(d) The pupil satisfies the requirements of the program of distance education.

2. A child who is exempt from compulsory enrollment and attendance and is enrolled in a private school pursuant to chapter 394 of NRS or is being homeschooled is not eligible to enroll in or attend a program of distance education, regardless of whether the child is otherwise eligible for enrollment pursuant to subsection 1.

3. If a pupil who is prohibited from enrolling in and attending public school pursuant to NRS 392.264 enrolls in a program of distance education, the enrollment and attendance of that pupil must comply with all requirements of NRS 62F.100 to 62F.150, inclusive, and 392.251 to 392.271, inclusive.

4. A pupil who is enrolled in grade 12 in a program of distance education and who moves out of this State is eligible to maintain enrollment in the program of distance education until the pupil graduates from high school.

(Added to NRS by 2001, 3151; A 2003, 223, 1141; 2007, 1993, 3031; 2013, 1512; 2015, 1841; 2019, 3284; 2021, 3519; 2023, 1202)

1. A pupil who enrolls part-time in a program of distance education that is provided by a school district other than the school district in which the pupil resides or that is provided by a charter school is not required to obtain the approval of the board of trustees of the school district in which the pupil resides.

2. If a pupil enrolls part-time in a program of distance education pursuant to subsection 1, the board of trustees of the school district in which the pupil resides shall enter into a written agreement with the board of trustees of the school district or the governing body of the charter school, as applicable, that provides the program of distance education. The agreement must include, without limitation, the amount of the apportionment provided to the school district where the pupil resides that will be allocated pursuant to paragraph (a) of subsection 2 of NRS 387.124 to the school district or charter school, as applicable, that provides the program of distance education.

3. A separate agreement must be prepared for each year that a pupil enrolls part-time in a program of distance education.

4. If the school district in which the pupil resides and the board of trustees of the school district or governing body of the charter school, as applicable, that provides the program of distance education in which the pupil is enrolled part-time are unable to reach an agreement as required pursuant to subsection 2, the Superintendent of Public Instruction will determine the amount of the apportionment which the school district where the pupil resides will be required to allocate pursuant to paragraph (a) of subsection 2 of NRS 387.124 to the school district or charter school, as applicable, that provides the program of distance education.

(Added to NRS by 2001, 3152; A 2005, 2415; 2007, 1993; 2013, 1513; 2015, 2093; 2019, 1621)

1. If a pupil is enrolled in a charter school, the pupil may enroll full-time in a program of distance education only if the charter school in which the pupil is enrolled provides the program of distance education.

2. A pupil who is enrolled in a charter school may enroll part-time in a program of distance education that is provided by a school district or another charter school and is not required to obtain the approval of the governing body of the charter school in which the pupil is enrolled.

3. If a pupil who is enrolled in a charter school enrolls in a part-time program of distance education that is provided by a school district or another charter school, the governing body of the charter school in which the pupil is enrolled shall enter into a written agreement with the board of trustees of the school district or governing body of the charter school, as applicable, that provides the program of distance education. The agreement must include, without limitation, the amount of the apportionment provided to the charter school in which the pupil is enrolled that will be allocated pursuant to paragraph (b) of subsection 2 of NRS 387.124 to the school district or charter school, as applicable, that provides the program of distance education.

4. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education.

5. If the charter school in which the pupil is enrolled and the board of trustees of the school district or governing body of the charter school, as applicable, that provides the program of distance education are unable to reach an agreement as required pursuant to subsection 3, the Superintendent of Public Instruction will determine the amount of the apportionment which the charter school in which the pupil is enrolled is required to allocate pursuant to paragraph (b) of subsection 2 of NRS 387.124 to the school district or charter school, as applicable, that provides the program of distance education.

(Added to NRS by 2001, 3153; A 2005, 2416; 2007, 1995; 2015, 2093)

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

1. If a pupil is enrolled full-time in a program of distance education provided by the board of trustees of a school district, the board of trustees that provides the program shall declare for each such pupil one public school within that school district with which the pupil is affiliated. The board of trustees may declare that all the pupils enrolled in the program of distance education are affiliated with one public school within the school district, or it may declare individual public schools for the pupils enrolled in the program. Upon the declared affiliation, the pupil shall be deemed enrolled in that public school for purposes of all the applicable requirements, statutes, regulations, rules and policies of that public school and school district, including, without limitation:

(a) Graduation requirements;

(b) Accountability of public schools, as set forth in chapter 385A of NRS;

(d) Discipline of pupils.

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

(a) Graduation requirements;

(b) Accountability of public schools, as set forth in chapter 385A of NRS;

(d) Discipline of pupils.

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

(a) Graduation requirements;

(b) Accountability of public schools, as set forth in chapter 385A of NRS;

(d) Discipline of pupils.

(Added to NRS by 2001, 3153; A 2003, 19th Special Session, 52; 2013, 1929; 2023, 472)

NRS 388.866 Requirements of program; supervision by teacher; qualifications of certain teachers.

1. The board of trustees of a school district or the governing body of a charter school that provides a program of distance education shall ensure that:

(a) For each course offered through the program, a teacher:

(1) Provides the work assignments to each pupil enrolled in the course that are necessary for the pupil to complete the course;

(2) Meets or otherwise communicates with the pupil at least once each week during the course to discuss the pupil’s progress; and

(3) Provides the pupil and the pupil’s parent or legal guardian with the objectives of the course, the timeline for completion of the course and the method by which the progress of the pupil will be assessed; or

(b) The program satisfies the requirements of a plan to operate an alternative program of education submitted by the school district and approved pursuant to NRS 388.537.

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

(a) Licensed teacher; or

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

(Added to NRS by 2001, 3151; A 2005, 2417; 2007, 1995; 2021, 3519)

NRS 388.874 Regulations of State Board.

1. The State Board shall adopt regulations that prescribe:

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

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

(c) The qualifications and conditions for enrollment that a pupil must satisfy to enroll in a program of distance education, consistent with NRS 388.850 and any other applicable statute;

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

(e) The requirements for assessing the achievement of pupils who are enrolled in a program of distance education, which must include, without limitation, the administration of the examinations required pursuant to NRS 390.105 and, if applicable for the grade levels of the pupils enrolled, the college and career readiness assessment pursuant to NRS 390.610; and

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

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

(Added to NRS by 2001, 3155; A 2003, 223; 2005, 2417; 2013, 1514, 3267; 2017, 3237)

MISCELLANEOUS PROVISIONS

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

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

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

(a) Is acting in his or her professional or occupational capacity and is required to make a report pursuant to NRS 200.5093, 392.303 or 432B.220.

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

3. As used in this section:

(a) “Reasonable cause to believe” means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

(b) “School employee” means a licensed or unlicensed person who is employed by:

(1) A board of trustees of a school district pursuant to NRS 391.100 or 391.281; or

(2) The governing body of a charter school.

(1) A member of the board of trustees of a school district.

(2) A member of the governing body of a charter school.

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

(d) “Teacher” means a person employed by the:

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

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

(Added to NRS by 2001, 2650; A 2005, 1116; 2015, 3811; 2017, 2072; 2019, 2008, 2064, 3496)

1. The Department shall, to the extent money is available, establish a statewide framework for providing and coordinating integrated student supports for pupils enrolled in public schools and the families of such pupils. The statewide framework must:

(a) Establish minimum standards for the provision of integrated student supports by school districts and charter schools. Such standards must be designed to allow a school district or charter school the flexibility to address the unique needs of the pupils enrolled in the school district or charter school.

(b) Establish a protocol for providing and coordinating integrated student supports. Such a protocol must be designed to:

(1) Support a school-based approach to promoting the success of all pupils by establishing a means to identify barriers to academic achievement and educational attainment of all pupils and methods for intervening and providing integrated student supports which are coordinated to reduce those barriers, including, without limitation, methods for:

(I) Engaging the parents and guardians of pupils;

(II) Assessing the social, emotional and academic development of pupils;

(III) Attaining appropriate behavior from pupils; and

(IV) Screening, intervening and monitoring the social, emotional and academic progress of pupils;

(2) Encourage the provision of education in a manner that is centered around pupils and their families and is culturally and linguistically appropriate;

(3) Encourage providers of integrated student supports to collaborate to improve academic achievement and educational attainment, including, without limitation, by:

(I) Engaging in shared decision-making;

(II) Establishing a referral process that reduces duplication of services and increases efficiencies in the manner in which barriers to academic achievement and educational attainment are addressed by such providers; and

(III) Establishing productive working relationships between such providers;

(4) Encourage collaboration between the Department and local educational agencies to develop training regarding:

(I) Best practices for providing integrated student supports;

(II) Establishing effective integrated student support teams comprised of persons or governmental entities providing integrated student supports;

(III) Effective communication between providers of integrated student supports; and

(IV) Compliance with applicable state and federal law; and

(5) Support statewide and local organizations in their efforts to provide leadership, coordination, technical assistance, professional development and advocacy to improve access to integrated student supports and expand upon existing integrated student supports that address the physical, emotional and educational needs of pupils.

(c) Include integration and coordination across school- and community-based providers of integrated student support services through the establishment of partnerships and systems that support this framework.

(d) Establish accountability standards for each administrator of a school to ensure the provision and coordination of integrated student supports.

2. The board of trustees of each school district and the governing body of each charter school shall:

(a) Annually conduct a needs assessment for pupils enrolled in the school district or charter school, as applicable, to identify the academic and nonacademic supports needed within the district or charter school. The board of trustees of a school district or the governing body of a charter school shall be deemed to have satisfied this requirement if the board of trustees or the governing body has conducted such a needs assessment for the purpose of complying with any provision of federal law or any other provision of state law that requires the board of trustees or governing body to conduct such a needs assessment.

(b) Ensure that mechanisms for data-driven decision-making are in place and the academic progress of pupils for whom integrated student supports have been provided is tracked.

(d) To the extent money is available, ensure that pupils have access to social workers, mental health workers, counselors, psychologists, nurses, speech-language pathologists, audiologists and other school-based specialized instructional support personnel or community-based medical or behavioral providers of health care.

3. Any request for proposals issued by a local educational agency for integrated student supports must include provisions requiring a provider of integrated student supports to comply with the protocol established by the Department pursuant to subsection 1.

4. As used in this section, “integrated student support” means any measure designed to assist a pupil in:

(a) Improving his or her academic achievement and educational attainment and maintaining stability and positivity in his or her life; and

(b) His or her social, emotional and academic development.

(Added to NRS by 2017, 1156; A 2019, 3246)

NRS 388.887 Development of curriculum regarding the Holocaust and other genocides; reports.

1. The State Board shall create a subcommittee to review and make recommendations on the manner in which to provide age-appropriate and historically accurate instruction about the Holocaust and other genocides, such as the Armenian, Cambodian, Darfur, Guatemalan and Rwandan genocides, in social studies and language arts courses of study.

2. The review conducted and any recommendations made by the subcommittee pursuant to this section must include, without limitation:

(a) The manner in which to modify the curricula of relevant courses in social studies and language arts to include the instruction described in this section;

(b) An inventory of available classroom resources for educators to meet the requirements of this section;

(c) The professional development that may be necessary or appropriate for a teacher who provides the instruction described in this section; and

(d) Consideration of any similar instruction provided in another state or school district.

3. The subcommittee shall link current standards with community resources that may assist in the implementation of the instruction described in subsection 1. The subcommittee shall review the manner in which the current standards support comprehensive education regarding the Holocaust and other genocides, such as the Armenian, Cambodian, Darfur, Guatemalan and Rwandan genocides, including, without limitation, by:

(a) Preparing pupils to confront the immorality of the Holocaust, other genocides, such as the Armenian, Cambodian, Darfur, Guatemalan and Rwandan genocides, and other acts of mass violence and to reflect on the causes of related historical events;

(b) Addressing the breadth of the history of the Holocaust, including, without limitation, the dictatorship of the Third Reich, the system of concentration camps, the persecution of both Jewish and non-Jewish people, the resistance to the Third Reich and the Holocaust by both Jewish and non-Jewish people and the various trials that occurred after the end of World War II;

(c) Developing the respect of pupils for cultural diversity and helping pupils to gain insight into the importance of international human rights for all people;

(d) Promoting the understanding of pupils of how the Holocaust contributed to the need for the term “genocide” and led to international legislation that recognized genocide as a crime;

(e) Communicating the impact of personal responsibility, civic engagement and societal responsiveness;

(f) Stimulating the reflection of pupils on the role and responsibility of citizens in democratic societies to combat misinformation, indifference and discrimination through the development of critical thinking skills and through tools of resistance such as protest, reform and celebration;

(g) Providing pupils with opportunities to contextualize and analyze patterns of human behavior by persons and groups who belong in one or more categories, including, without limitation, perpetrator, collaborator, bystander, victim and rescuer;

(h) Enabling pupils to understand the ramifications of prejudice, racism and stereotyping;

(i) Preserving the memories of survivors of genocide and providing opportunities for pupils to discuss and honor the cultural legacies of survivors;

(j) Providing pupils with a foundation for examining the history of discrimination in this State;

(k) Including in curricula the use of personal narratives and multimedia primary source materials, which may include, without limitation, video testimony, photographs, artwork, diary entries, letters, government documents, maps and poems; and

(l) Exploring the various mechanisms of transitional and restorative justice that help humanity move forward in the aftermath of genocide.

4. The subcommittee must be composed of the Superintendent of Public Instruction, or his or her designee, and the following members appointed by the Superintendent:

(a) Three members representing the Governor’s Advisory Council on Education Relating to the Holocaust created by NRS 233G.020;

(b) Three members representing nonprofit organizations that have developed curricula regarding the Holocaust for use in public schools;

(d) At least one member representing a school district in which fewer than 60,000 pupils are enrolled;

(e) At least one member representing a charter school located in this State;

(f) At least one member representing nonprofit organizations that have developed curricula for use in public schools regarding the Armenian genocide; and

(g) At least one member representing nonprofit organizations that have developed curricula for use in public schools regarding genocides other than the Holocaust and the Armenian genocide.

5. On or before October 1 of each even-numbered year, the State Board shall report its findings and any recommendations to the Joint Interim Standing Committee on Education, including, without limitation, any recommendations made by the subcommittee pursuant to subsection 1, as well as any actions the State Board has taken or intends to take to include the instruction in the relevant courses pursuant to subsection 2.

6. On or before February 1 of each odd-numbered year, the Joint Interim Standing Committee on Education shall consider the report submitted by the State Board and prepare and submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature concerning the Committee’s consideration of the matters described in this section and any recommendations for legislation to ensure the instruction described in this section is included in the curricula for the relevant courses.

7. As used in this section:

(a) “Genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group and includes, without limitation, genocides and other acts of mass atrocities identified by the United States Holocaust Memorial Museum:

(1) Killing members of the group;

(2) Causing serious bodily or mental harm to members of the group;

(3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(4) Imposing measures intended to prevent births within the group; and

(5) Forcibly transferring children of the group to another group.

(b) “Holocaust” means the systematic, bureaucratic, state-sponsored persecution and murder of approximately 6,000,000 Jewish persons and 5,000,000 other persons by the Nazi regime and its collaborators.

(Added to NRS by 2021, 1159)

1. The State Board shall develop nonbinding recommendations for the ratio of pupils per licensed teacher and specialized instructional support personnel in the public schools of this State for kindergarten and grades 1 to 12, inclusive. The board of trustees of each school district shall consider the recommendations in establishing the ratio of pupils per licensed teacher or specialized instructional support personnel, as applicable, in the school district.

2. The recommendations developed by the State Board must:

(a) Prescribe a suggested ratio of pupils per licensed teacher for each classroom and course of instruction, except choir, orchestra and band, in kindergarten and grades 1 to 12, inclusive;

(b) Prescribe a suggested ratio of pupils per each type of specialized instructional support personnel for each kind of public school described in NRS 388.020;

(c) Be based on evidence-based national standards set forth by the licensing body for teachers and the licensing body for each type of specialized instructional support personnel;

(d) Take into account the unique needs of certain pupils, including, without limitation, pupils who are English learners;

(e) Require that administrators and other licensed educational personnel, including, without limitation, counselors, coaches and special education teachers, who may be present in a classroom but do not teach every pupil in the classroom may not be counted in determining the ratio of pupils per licensed teacher; and

(f) Count only teachers who are actively teaching pupils during a class period and teach a subject, and are the teacher of record assigned to the classroom of pupils, for which the ratio of pupils per licensed teacher is being determined.

3. Nothing in this section shall be deemed to relieve a school district of its obligation to comply with the requirements of NRS 388.700 and 388.720, as applicable to the school district.

4. Not later than 30 days after the beginning of each school year, the board of trustees of each school district shall post on an Internet website maintained by the school district the ratio of pupils per licensed teacher that has been approved for each class in the district.

5. The board of trustees of a school district with one or more schools that exceed the recommended ratio of pupils to specialized instructional support personnel shall develop a 15-year strategic plan to achieve the ratio of pupils to specialized instructional support personnel in the district.

6. On or before February 1 of each odd-numbered year, the board of trustees of each school district shall submit a report on the progress of the school district in obtaining the ratio of pupils per licensed teacher and specialized instructional support personnel recommended pursuant to this section to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education.

7. As used in this section:

(a) “English learner” has the meaning ascribed to it in 20 U.S.C. § 7801(20).

(b) “Specialized instructional support personnel” includes persons employed by each school to provide necessary services such as assessment, diagnosis, counseling, educational services, therapeutic services and related services, as defined in 20 U.S.C. § 1401(26), to pupils. Such persons employed by a school include, without limitation:

(1) A school counselor;

(2) A school psychologist;

(3) A school social worker;

(4) A school nurse;

(5) A speech-language pathologist;

(6) A school library media specialist; and

(7) Any other qualified professional.

(Added to NRS by 2017, 1158; A 2019, 980, 3233; 2021, 2128)

NRS 388.892 Boards of trustees of certain school districts to establish plan to improve ratio of pupils to specialized instructional support personnel; reports.

1. The board of trustees of a school district in a county whose population is 100,000 or more shall develop a plan to improve the ratio of pupils to specialized instructional support personnel to meet the ratio recommended by the State Board pursuant to NRS 388.890. The plan must include, without limitation:

(a) Strategies to recruit and retain school counselors, school psychologists and school social workers and other specialized instructional support personnel; and

(b) Annual targets to meet the ratio of pupils to specialized instructional support personnel recommended by the State Board pursuant to NRS 388.890.

2. On or before October 1 of each year, the board of trustees of a school district in a county whose population is 100,000 or more shall submit to the Department a report on the implementation of the plan developed pursuant to subsection 1 for the immediately preceding school year. The report must include, without limitation:

(a) The ratio of pupils to specialized instructional support personnel for the immediately preceding school year, disaggregated by type of specialized instructional support personnel, and any progress made to meet the recommended ratio;

(b) An evaluation of the strategies to recruit and retain specialized instructional support personnel implemented pursuant to paragraph (a) of subsection 1; and

(c) A strategy to be implemented over the next school year to meet the annual targets identified pursuant to paragraph (b) of subsection 1.

3. On or before February 1 of each year, the Department shall submit a compilation of the reports submitted to the Department pursuant to subsection 2 to:

(a) The Governor;

(b) In odd-numbered years, the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education;

(d) The State Board.

4. The compilation prepared by the Department pursuant to subsection 3 must allow the information included in the report to be disaggregated by school district. The Department shall post a copy of the compilation on its Internet website.

5. As used in this section, “specialized instructional support personnel” has the meaning ascribed to it in NRS 388.890.

(Added to NRS by 2021, 739)

NRS 388.900 Regulations concerning identification and consideration of certain social and environmental factors. The State Board shall adopt regulations that require:

1. The board of trustees of each school district and the governing body of each charter school to identify the social and environmental factors that affect the educational experience of pupils at each school in the district or the charter school, as applicable, and provide a description of those factors to the Department; and

2. The Department, the board of trustees of each school district, the governing body of each charter school and the staff of each public school to consider the factors identified pursuant to subsection 1 for a school when making decisions concerning the school or interacting with and making decisions concerning the staff of the school or pupils enrolled at the school. Such decisions include, without limitation, decisions concerning the allocation of money, the provision of integrated student supports pursuant to NRS 388.885, evaluations of members of the staff of the school pursuant to NRS 391.650 to 391.826, inclusive, salaries of members of the staff of the school and the discipline of pupils.

(Added to NRS by 2019, 1178)

NRS 388.905 Provision of information concerning importance of annual physical examination. The board of trustees of a school district or the governing body of a charter school shall include in any written communication with the parent or guardian of a pupil related to the health of pupils information concerning the importance of an annual physical examination by a provider of health care for children.

(Added to NRS by 2019, 1478)

NRS 388.910 Appointment and duties of school safety specialist.

1. The superintendent of schools of each school district shall designate an employee at the district level to serve as the school safety specialist for the district. The governing body of each charter school shall designate an employee to serve as the school safety specialist for the charter school. Not later than 1 year after being designated pursuant to this subsection, a school safety specialist shall complete the training provided by the Office for a Safe and Respectful Learning Environment pursuant to NRS 388.1323.

2. A school safety specialist shall:

(a) Review policies and procedures of the school district or charter school, as applicable, that relate to school safety to determine whether those policies and procedures comply with state laws and regulations;

(b) Ensure that each school employee who interacts directly with pupils as part of his or her job duties receives information concerning mental health services available in the school district or charter school, as applicable, and persons to contact if a pupil needs such services;

(1) Mental health;

(2) Emergency procedures, including, without limitation, the plan developed pursuant to NRS 388.243; and

(3) Other matters relating to school safety and security;

(d) Annually conduct a school security risk assessment and submit the school security risk assessment to the Office for a Safe and Respectful Learning Environment for review pursuant to NRS 388.1323;

(e) Present a summary of the school security risk assessment conducted pursuant to paragraph (d) and any recommendations to improve school safety and security based on the assessment at a meeting of the board of trustees of the school district or governing body of the charter school, as applicable;

(f) Not later than 30 days after the meeting described in paragraph (e), provide to the Director a summary of the school security risk assessment, any recommendations to improve school safety and security based on the assessment and any actions taken by the board of trustees or governing body, as applicable, based on those recommendations;

(g) Serve as the liaison for the school district or charter school, as applicable, with local public safety agencies, other governmental agencies, nonprofit organizations and the public regarding matters relating to school safety and security;

(h) At least once every 3 years, provide employees of public safety agencies that are likely to be first responders to a crisis, emergency or suicide or other hazard at a public school an opportunity to participate in an activity to familiarize themselves with the blueprints of the school in a manner that complies with NRS 393.045; and

(i) Provide to the board of trustees of the school district or the governing body of the charter school, as applicable, any recommendations made by an employee of a public safety agency as a result of an activity provided pursuant to paragraph (h). The board of trustees or governing body, as applicable, shall maintain a confidential record of such recommendations.

3. In a school district in a county whose population is 100,000 or more, the school safety specialist shall collaborate with the emergency manager designated pursuant to NRS 388.262 where appropriate in the performance of the duties prescribed in subsection 2.

4. As used in this section:

(a) “Crisis” has the meaning ascribed to it in NRS 388.231.

(b) “Emergency” has the meaning ascribed to it in NRS 388.233.

(Added to NRS by 2019, 3233; A 2021, 641)

NRS 388.915 Pupils entitled to wear certain adornments at graduation ceremony; exceptions; appeal of prohibition on adornment.

1. A pupil of a public school, including, without limitation, a pupil of a university school for profoundly gifted pupils, is entitled to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at a school graduation ceremony.

2. Nothing in this section shall be construed to prohibit the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils from prohibiting an item that is likely to cause a substantial disruption of, or material interference with, such a ceremony.

3. If the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils prohibits a pupil from wearing an item as an adornment at a school graduation ceremony, the pupil may submit a written appeal to the Superintendent of Public Instruction which includes an explanation of the religious or cultural significance of the item. Before rendering a decision on such an appeal, the Superintendent of Public Instruction shall consult with the Nevada Indian Commission created by NRS 233A.020 and the Nevada Commission on Minority Affairs created by NRS 232.852. If an appeal is decided in favor of the pupil, the board of trustees or governing body shall allow the pupil to wear the item as an adornment at the school graduation ceremony. If the Superintendent of Public Instruction fails to render a decision within 5 business days after the appeal is submitted, the appeal is deemed to be decided in favor of the pupil.

4. As used in this section:

(a) “Adornment” means something attached to, or worn with, but not replacing, the cap and gown customarily worn at school graduation ceremonies.

(b) “Cultural” means recognized practices and traditions of a certain group of people.

(Added to NRS by 2023, 75)