NRS: CHAPTER 392

[Rev. 6/29/2024 3:56:19 PM--2023]

CHAPTER 392 - PUPILS

GENERAL PROVISIONS

NRS 392.015 Admission of pupil from Indian reservation in school nearest pupil’s residence; reimbursement for additional costs of transportation; exceptions.

NRS 392.016 Admission of pupil with lawfully issued fictitious address.

NRS 392.017 Regulations concerning school choice for pupils enrolled in persistently dangerous school and for pupils who are victims of violent offense while at school.

NRS 392.0175 Regulations concerning enrollment of certain persons in courses for adult to earn high school diploma.

NRS 392.018 Written notice of certain courses, services and educational programs available to pupils within school district; posting and distribution at public schools.

NRS 392.025 Grade given to pupil by teacher: Restriction on change by board of trustees.

NRS 392.029 Compliance with federal law governing access and confidentiality of education records and elicitation of information concerning pupils; written notice of rights to adult pupils and parents and guardians required; provision of education records upon request of agency which provides child welfare services; penalty.

NRS 392.033 Regulations prescribing requirements for promotion to high school; effect of failure to comply; evaluation of course of study or credits of pupil who transfers from junior high or middle school; placement on academic probation; enrollment of homeschooled children in high school.

NRS 392.035 Formula for determining mobility of pupils in school; Department to distribute form for submitting information necessary to formula.

ATTENDANCE

Compulsory and Excused Attendance; Retention

NRS 392.040 Enrollment and attendance required for child between 7 and 18 years of age; minimum age required for kindergarten and first grade; waiver from attendance available for child 6 years of age; developmental screening test required to determine placement; effect of military transfer of parent of child. [Effective through June 30, 2024.]

NRS 392.040 Enrollment and attendance required for child between 6 and 18 years of age; minimum age required for kindergarten and first grade; waiver from attendance available for child 5 years of age; effect of military transfer of parent of child. [Effective July 1, 2024.]

NRS 392.050 Attendance excused for physical or mental condition or behavioral health; excused child with disability qualifies for free appropriate public education; effect of excusal on rating of public school.

NRS 392.060 Enrollment and attendance excused upon completion of 12 grades of elementary and high school.

NRS 392.070 Enrollment and attendance excused for children in private school or homeschooled children.

NRS 392.072 Participation of homeschooled children in programs of special education and related services; regulations.

NRS 392.074 Participation of private school children and homeschooled children in classes and extracurricular activities.

NRS 392.075 Enrollment and attendance excused if permission granted to take high school equivalency assessment; enrollment and attendance required until notification of completed assessment.

NRS 392.080 Attendance excused for distant residence from nearest school. [Repealed.]

NRS 392.110 Attendance excused for child between 15 and 18 years of age who has completed eighth grade to enter employment or apprenticeship; written permit required. [Repealed.]

NRS 392.118 Accounting of attendance and tardiness on report cards of pupils. [Effective through June 30, 2024.]

NRS 392.118 Accounting of attendance and tardiness on report cards of pupils; exemption for observance of religious holiday. [Effective July 1, 2024.]

NRS 392.122 Minimum attendance requirements; notice and opportunity for parent or legal guardian to review absences before credit or promotion is denied; appeals; information to parents concerning duty to comply. [Effective through June 30, 2024.]

NRS 392.122 Minimum attendance requirements; notice and opportunity for parent or legal guardian to review absences before credit or promotion is denied; appeals; exceptions for observance of religious holiday; information to parents concerning duty to comply. [Effective July 1, 2024.]

NRS 392.123 Written statement verifying pupil’s compliance with minimum attendance requirements or determination of existence of hardship and best interests of pupil or pupil’s family; submission of written statement or determination with application for driver’s license; boards of trustees to prescribe standard form.

NRS 392.124 Pupil prohibited from being deprived of attendance award due to observance of religious holiday. [Effective July 1, 2024.]

NRS 392.125 Retention of pupil in same grade: Requirements; limitation; exception for charter schools. [Effective through June 30, 2028.]

NRS 392.125 Retention of pupil in same grade: Requirements; limitation; exception for charter schools. [Effective July 1, 2028.]

Advisory Boards to Review School Attendance; Absence and Truancy; Administrative Sanctions

NRS 392.126 Creation of advisory board in each county; membership; terms; compensation.

NRS 392.127 Administrative support to advisory boards.

NRS 392.128 Duties of advisory boards; division into subcommittees; provision of assistance in conjunction with community service providers; use and accounting of available money by advisory board.

NRS 392.130 Conditions under which pupil deemed truant; authorization for approval of certain absences; notice of unapproved absence to parent or legal guardian; provision of certain information regarding truancy and chronic absenteeism to parent or legal guardian; applicability. [Effective through June 30, 2024.]

NRS 392.140 Conditions under which pupil declared habitual truant; exemption due to inability to attend school for physical or mental reasons; applicability.

NRS 392.141 Applicability of provisions to pupils.

NRS 392.144 Duties of school if pupil is truant; habitual truant must be reported to attendance officer or law enforcement, referred to advisory board or referred for imposition of administrative sanctions.

NRS 392.146 Contents of written or electronic referral to advisory board; notice to parents or guardian.

NRS 392.147 Hearing by advisory board; written or electronic agreement for participation of pupil in certain programs; reporting of pupil to attendance officer or law enforcement agency or referral for administrative sanctions under certain circumstances; appeal by parent; confidentiality of information.

NRS 392.148 Administrative sanctions against habitual truant after investigation and hearing; suspension or delay in issuance of driver’s license; appeal by parent or guardian.

NRS 392.149 Issuance of citation to habitual truant; applicability.

NRS 392.150 Appointment of attendance officer authorized; procedures to monitor attendance, chronic absenteeism and truancy; consideration of employment of attendance clerk; school district to adhere to regulations adopted by Department regarding chronic absenteeism.

NRS 392.160 Taking into custody child reported absent from school; persons or counseling agency to whom child may be delivered. [Effective through June 30, 2024.]

NRS 392.160 Taking into custody child reported absent from school; persons or counseling agency to whom child may be delivered. [Effective July 1, 2024.]

Birth Certificates and Records of Attendance; Name for Enrollment

NRS 392.165 Documents required for permanent enrollment; name under which child must be enrolled; notification to local law enforcement agency for failure to furnish documents.

NRS 392.167 Petition for court order permitting enrollment of child under name other than name appearing on birth certificate or other identifying document.

Enforcement and Penalties

NRS 392.170 Investigation of charges against parent, guardian or custodian of child; written or electronic report.

NRS 392.180 Criminal complaint by board of trustees of school district or governing body of charter school.

NRS 392.190 Criminal complaint by attendance officer.

NRS 392.200 Criminal complaint by taxpayer, school administrator or school officer.

NRS 392.210 Penalty for failure of parent, guardian or custodian of child to prevent subsequent truancy; limitation for providers of foster care.

NRS 392.215 False statement concerning age or attendance; false birth certificate or record of attendance; refusal to furnish documents; penalty.

NRS 392.220 Penalty for abetting truancy; unlawful employment of child absent from school; visitation of place of employment by school officer or attendance clerk to verify compliance.

CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT FOR SEXUAL OFFENSE OR SEXUALLY MOTIVATED ACT

NRS 392.251 Definitions.

NRS 392.254 “Notification” defined.

NRS 392.258 “Offender” defined.

NRS 392.2583 “Sexual offense” defined.

NRS 392.2587 “Sexually motivated act” defined.

NRS 392.261 “Victim” defined.

NRS 392.264 Offender prohibited from enrolling in or attending school victim is enrolled in or attends without court approval; duty of superintendent of school district to negotiate agreement for enrollment and attendance in another school district; termination of agreement.

NRS 392.268 Reimbursement to school district for transportation costs incurred to send offender to school other than school victim is enrolled in or attends.

NRS 392.271 Confidentiality of name of victim; immunity from liability if name released under certain circumstances.

REPORTS OF ABUSE, NEGLECT AND OTHER ILLEGAL CONDUCT

NRS 392.275 Definitions.

NRS 392.281 “Abuse or neglect of a child” defined.

NRS 392.283 “Agency which provides child welfare services” defined.

NRS 392.285 “Central Registry” defined.

NRS 392.287 “Child” defined.

NRS 392.289 “Information maintained by an agency which provides child welfare services” defined.

NRS 392.291 “Law enforcement agency” defined.

NRS 392.293 “Local law enforcement agency” defined.

NRS 392.295 “Private school” defined.

NRS 392.297 Definition of when person has “reasonable cause to believe” and when person acts “as soon as reasonably practicable.”

NRS 392.303 Employee of or volunteer for school required to make report; timing of and entity to be notified of report; investigation of reports.

NRS 392.305 Method of making report; content.

NRS 392.307 Penalty for failure to make report.

NRS 392.309 Persons required to report prohibited from invoking certain privileges.

NRS 392.311 Admissibility of evidence.

NRS 392.313 Interview of child and witness concerning allegations contained in report; photographs, X-rays and medical tests.

NRS 392.315 Confidentiality of information maintained by an agency which provides child welfare services; exceptions; penalty.

NRS 392.317 Authorized release of information.

NRS 392.325 Authorized release of information; summary of outcome of investigation.

NRS 392.327 Maintenance of information by agency which provides child welfare services; precautions to protect person who made report or witness; disclosure not required in certain circumstances; rules, policies or regulations to carry out provisions.

NRS 392.335 Penalty for unlawful dissemination of information.

NRS 392.337 Notification concerning disposition of report upon completion of investigation whether report is substantiated; actions if report is substantiated; report to Central Registry.

NRS 392.339 Assignment of disposition to report.

NRS 392.345 Administrative appeal of substantiated report; hearing upon timely request; entering name in Central Registry; decision of hearing officer final.

NRS 392.355 Immunity from liability.

NRS 392.365 Regulations.

NRS 392.385 Display and promotion of toll-free telephone number for center that receives reports of abuse or neglect of child.

HEALTH AND SAFETY

NRS 392.420 Physical examinations of pupils; qualifications of persons to conduct examinations; measurement of height and weight of representative sample of pupils in certain school districts; notice to parent of certain medical conditions; notice to parent of examination and opportunity for exemption from physical examination; report of results of physical examinations to Chief Medical Officer; compilation and dissemination of report relating to height and weight of pupils.

NRS 392.422 Participation of certain public schools in biennial survey for Youth Risk Behavior Surveillance System; exception; notice; consent.

NRS 392.425 Authorization for pupil to self-administer medication for asthma, anaphylaxis or diabetes; contents of request; establishment of protocols relating to self-administration of medication; immunity from liability.

NRS 392.430 Sanitation and prevention of diseases: Authority of board of trustees of school districts and governing bodies of charter schools.

NRS 392.435 Immunization of pupils: Certificate prerequisite to enrollment; conditional enrollment; effect of military transfer of parent of child; consequences for failure to immunize; report to Division of Public and Behavioral Health; inclusion of certificate in pupil’s record.

NRS 392.437 Immunization of pupils: Exemption if prohibited by religious belief.

NRS 392.439 Immunization of pupils: Exemption if prevented by medical condition.

NRS 392.443 Immunization of pupils: Additional requirements imposed after enrollment; additional certificate required.

NRS 392.446 Immunization of pupils: Protection of child exempt from immunization if dangerous disease exists in school.

NRS 392.448 Immunization of pupils: Penalty for refusal to remove child from school when required by law.

NRS 392.450 Drills to instruct pupils in appropriate procedures to be followed in event of lockdown or emergency; approval of drills; posting of escape routes; enforcement; penalty.

NRS 392.452 Adoption of policy by school district for prevention and treatment of injuries to the head which may occur during participation in competitive sports; requirements of policy; annual acknowledgment of policy by parent and pupil. [Effective through June 30, 2024.]

NRS 392.452 Adoption of policy for prevention and treatment of injuries to the head; requirements of policy; annual acknowledgment of policy by parent or legal guardian and pupil; provision of policy to parent or legal guardian and pupil upon notification of injury to the head; review and update of policy every 5 years; certain school employees to complete annual training on prevention and treatment of injuries to the head. [Effective July 1, 2024.]

NRS 392.453 Adoption of policy by school district or charter school concerning safe exposure to sun.

NRS 392.455 Devices for protection of eyes required in certain classes.

PARENTAL INVOLVEMENT AND FAMILY ENGAGEMENT

NRS 392.456 Form for use in elementary schools concerning status of pupil and participation of parent; restrictions on use. [Repealed.]

NRS 392.457 Adoption of policies by State Board and school districts concerning effective involvement and engagement; annual review of policies.

NRS 392.4575 Educational involvement accords; policy by school districts for development and distribution.

NRS 392.4577 Employer required to grant leave to parent to participate in school conferences and other school-related activities; conditions; exception.

BEHAVIOR AND DISCIPLINE

General Provisions

NRS 392.4601 Definitions.

NRS 392.4603 “Expel” or “expulsion” defined.

NRS 392.4605 “Pupil with a disability” defined.

NRS 392.4607 “Suspend” or “suspension” defined.

NRS 392.4609 Regulations.

NRS 392.461 Code of honor relating to cheating; contents; distribution.

NRS 392.462 Collection by public school of data on discipline of pupils.

NRS 392.463 Adoption of plan to ensure public schools are safe and free of controlled substances; written rules of behavior and punishments; distribution of plan and rules to pupils; availability for inspection.

NRS 392.4633 Corporal punishment prohibited.

NRS 392.46335 Prohibition against disciplining pupils based on race.

NRS 392.4634 Prohibition against disciplining certain pupils for simulating firearm or dangerous weapon or wearing clothing or accessories that depict firearm or dangerous weapon; prohibition against adoption of conflicting policy, ordinance or regulation.

NRS 392.4635 Policy for prohibition of activities of criminal gangs on school property.

NRS 392.4636 School transportation policy.

NRS 392.4637 Policy concerning use and possession of pagers, cellular telephones and other electronic devices.

NRS 392.4638 Board of trustees authorized to adopt policy for pupils to report unlawful activity being conducted on school property, activity sponsored by public school or on school bus.

NRS 392.464 Adoption and enforcement by trustees of disciplinary measures for pupil in possession of alcoholic beverage or controlled substance on premises of school.

Temporary Alternative Placement

NRS 392.4642 Definitions.

NRS 392.46425 “Other premises of a public school” defined.

NRS 392.46426 “Principal” defined.

NRS 392.46427 “School transportation” defined.

NRS 392.46428 “Staff member” defined.

NRS 392.4643 Actions taken against pupils with disabilities.

NRS 392.4644 Plan for progressive discipline and on-site review of disciplinary decisions; annual review and revision of plan; posting and distribution of revised plan; written reports by board of trustees concerning compliance with section; written notice to address disproportionality in disciplinary actions; requirements for public school that fails to address disproportionality.

NRS 392.4645 Removal of pupil: Notice; assignment to temporary alternative placement; exceptions; public school to annually develop or review and revise plan to provide services to pupil; requirements of plan; determination whether pupil is homeless pupil; submission of representative sample of plans; sample to be demographically proportional.

NRS 392.4646 Removal of pupil: Conference; recommendation of principal.

NRS 392.4647 Establishment of committee to review temporary alternative placement of pupils.

NRS 392.4648 Powers and duties of committee to review temporary alternative placement of pupils; principal to report to school district when committee convened; submission of compiled reports.

Habitual Disciplinary Problem; Suspension and Expulsion

NRS 392.4655 Conditions under which pupil deemed habitual disciplinary problem; plan of behavior to prevent pupil from being deemed habitual disciplinary problem; appeal by parent or guardian concerning content of plan or action taken pursuant to plan.

NRS 392.466 Plan of action for pupil who engages in battery on employee of school, possession of firearm or dangerous weapon or sale or distribution of controlled substance or is deemed a habitual disciplinary problem; appeal by employee who is victim of battery; suspension, expulsion or permanent expulsion of such pupils; immediate removal of pupil in possession of firearm; modification to suspension or expulsion by certain school officials; limitations for pupils with disabilities, homeless pupils and pupils in foster care.

NRS 392.467 Suspension or expulsion of pupil: Procedure; limitations.

NRS 392.4671 Significant suspension, expulsion or permanent expulsion of pupil: Appeals.

NRS 392.4672 Suspension or expulsion of pupil: Notice of appeal policy.

NRS 392.4673 Suspended or expelled pupil entitled to appropriate education. [Replaced in revision by NRS 392.4676.]

NRS 392.4674 Notice of policy to appeal suspension or expulsion of pupil; timeline for filing and hearing appeal; placement of and services provided to suspended or expelled pupil.

NRS 392.4675 Certain suspended or expelled pupils ineligible to attend public school; authority for school district or charter school to enroll ineligible pupil in alternative programs, independent study, distance education, charter school designated for pupils with disciplinary problems or challenge school.

NRS 392.4676 Suspended or expelled pupil entitled to appropriate education.

NRS 392.472 Requirement to provide progressive discipline plan before removing, suspending or expelling pupil or to certain pupils with at least 5 cumulative days of suspension; example plans; guidance document; provision of plan to teacher or personnel who administer temporary alternative placement.

LITERACY REQUIREMENTS

NRS 392.748 “Subject area of reading” defined. [Effective July 1, 2028.]

NRS 392.750 Written notice of deficiency in subject area of reading to parent or legal guardian of pupil in elementary school. [Effective through June 30, 2028.]

NRS 392.750 Written notice of deficiency in subject area of reading to parent or legal guardian of pupil in elementary school. [Effective July 1, 2028.]

NRS 392.755 Plan to monitor growth of pupil in subject area of reading; school that establishes plan required to assess growth of pupil in subject area of reading.

NRS 392.760 Provision of school intervention services and intensive instruction to pupil who does not obtain certain score on criterion-referenced examination. [Effective through June 30, 2028.]

NRS 392.760 Provision of school intervention services and intensive instruction to pupil who does not obtain certain score on uniform examination; literacy specialist to provide intervention services and instruction; provision of summer school. [Effective July 1, 2028.]

NRS 392.765 Required action when pupil is provided intervention services and intensive instruction.

NRS 392.770 Principal required to offer certain instructional options to parent or legal guardian of pupil who demonstrates reading deficiency.

NRS 392.775 Board of trustees of school district required to prepare, submit and post report concerning pupils provided certain educational services, instruction and programs related to reading or retained in grade 3 or granted a good-cause exemption from retention. [Effective July 1, 2028.]

NRS 392.780 Required retention of pupil in grade 3 for failure to obtain passing score in reading; notice of retention; development of policy to promote certain retained pupils to grade 4; placement in transitional setting; regulations. [Effective July 1, 2028.]

NRS 392.785 Authorization for principal to promote to grade 4 certain pupils who would otherwise be retained in grade 3 after approval of good-cause exemption; eligibility for exemption; procedure; notice; continued provision of intervention services and intensive instruction. [Effective July 1, 2028.]

MISCELLANEOUS PROVISIONS

NRS 392.850 Provision of information to certain employees regarding unlawful conduct of pupil; immunity from liability under certain circumstances; confidentiality of information.

NRS 392.857 Requirements for public school and school district when enrolled pupil admitted to certain hospital or facility.

NRS 392.860 Employee of school district prohibited from disclosing certain information about status of pupil placed in foster home.

UNLAWFUL ACTS

NRS 392.900 Interference with pupil attending school; penalty.

NRS 392.910 Assaulting pupil or school employee; interference with persons peaceably assembled within school; penalties.

NRS 392.915 Threatening to cause bodily harm or death to pupil or school employee by means of oral, written or electronic communication; penalties.

NRS 392.920 Employer prohibited from threatening or taking retaliatory action against parent for parent’s participation in certain school conferences and school-related activities; penalty; authorization for parent to file claim with Labor Commissioner.

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NOTE: Section 1 of chapter 180, Statutes of Nevada 2009, at p. 652, has been codified as NRS 388.221.

NOTE: Section 1 of chapter 44, Statutes of Nevada 2015, at p. 198, has been codified as NRS 388.2345.

NOTE: Sections 1.3 to 6.5, inclusive, and 7.5 of chapter 503, Statutes of Nevada 2015, at pp. 3070-3073 and 3075, have been codified as NRS 388.1451 to 388.1459, inclusive.

GENERAL PROVISIONS

NRS 392.010 Admission of pupil from adjoining state or district; payment of tuition for pupil attending school in adjoining district or state; agreement for payment of tuition, transportation and other costs. Except as to the attendance of a pupil pursuant to NRS 388.820 to 388.874, inclusive, 388E.105 or 392.015, or a pupil who is ineligible for attendance pursuant to NRS 392.4675 and except as otherwise provided in NRS 392.264 and 392.268:

1. The board of trustees of any school district may, with the approval of the Superintendent of Public Instruction:

(a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining school district within this State or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or

(b) Pay tuition for pupils residing in the school district but who attend school in an adjoining school district within this State or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.

2. With the approval of the Superintendent of Public Instruction, the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school shall enter into an agreement providing for the payment of such tuition as may be agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:

(a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the State; and

(b) If any are incurred in transporting a pupil or pupils to an adjoining state, as provided by the agreement.

3. In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.

[360:32:1956]—(NRS A 1957, 300; 1959, 807; 1961, 40; 1965, 100; 1979, 1613; 1981, 842; 1989, 1979; 1993, 2306; 1997, 428; 2001, 3162; 2007, 803; 2017, 3112)

NRS 392.015 Admission of pupil from Indian reservation in school nearest pupil’s residence; reimbursement for additional costs of transportation; exceptions.

1. The board of trustees of a school district shall, upon application, allow any pupil who resides on an Indian reservation located in two or more counties to attend the school nearest to the pupil’s residence, without regard to the school district in which the pupil’s residence is located. For the purposes of apportionment of money, if such a pupil attends a school outside the county in which the pupil resides, the pupil must be counted as being enrolled in the district in which he or she attends school.

2. A pupil who is allowed to attend a school outside the school district in which the pupil’s residence is located pursuant to this section must remain in that school for the full school year.

3. The school district which pays the additional costs of transporting a pupil pursuant to this section to a school outside the school district in which the pupil’s residence is located is entitled to be reimbursed for those costs by the school district in which the pupil is enrolled. Such additional costs must be paid from money received by the school district in which the pupil is enrolled from the State Education Fund pursuant to paragraph (a) of subsection 2 of NRS 387.1214.

4. The provisions of this section do not apply to a pupil who:

(a) Is ineligible to attend public school pursuant to NRS 392.4675; or

(b) Resides on an Indian reservation pursuant to an order issued by a court of competent jurisdiction in another state adjudging the pupil to be delinquent and committing him or her to the custody of a public or private institution or agency in this state.

(Added to NRS by 1989, 1978; A 1993, 2307; 2019, 4236; 2021, 2918)

NRS 392.016 Admission of pupil with lawfully issued fictitious address.

1. If a 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, the pupil may attend a public school that is located in a school district other than the school district in which the pupil resides.

2. If a pupil described in subsection 1 attends a public school that is located in a school district other than the school district in which the pupil resides:

(a) The pupil must be included in the count of pupils of the school district in which the pupil attends school for the purposes of apportionments and allowances from the State Education Fund pursuant to NRS 387.121 to 387.12468, inclusive.

(b) Neither the board of trustees of the school district in which the pupil attends school nor the board of trustees of the school district in which the pupil resides is required to provide transportation for the pupil to attend the public school.

3. The provisions of this section do not apply to a pupil who is ineligible to enroll in or attend a public school pursuant to NRS 392.264 or 392.4675.

(Added to NRS by 2005, 98; A 2019, 4236; 2023, 1207)

NRS 392.017 Regulations concerning school choice for pupils enrolled in persistently dangerous school and for pupils who are victims of violent offense while at school. The State Board shall adopt regulations to carry out the provisions of 20 U.S.C. § 7912 concerning the choice that must be offered to a pupil to attend another public school, including, without limitation, a charter school, if the pupil is enrolled in a persistently dangerous school or is the victim of a violent offense while at school or on the grounds of the school in which the pupil is enrolled. The regulations must include the criteria for identifying a school as persistently dangerous.

(Added to NRS by 2003, 19th Special Session, 79)

NRS 392.0175 Regulations concerning enrollment of certain persons in courses for adult to earn high school diploma. The Department shall adopt regulations that require the board of trustees of a school district that offers courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma to allow enrollment in such courses by a person who has not received a high school diploma and:

1. Is at least 18 years of age or meets the requirements for participation in the statewide program of education for incarcerated persons established pursuant to NRS 388H.020; or

2. Is at least 17 years of age and has attended at least 4 years of high school.

(Added to NRS by 2021, 931)

NRS 392.018 Written notice of certain courses, services and educational programs available to pupils within school district; posting and distribution at public schools.

1. The board of trustees of each school district shall prepare a written notice which identifies all the advanced placement courses, honors courses, international baccalaureate courses, dual credit courses, special education services, gifted and talented programs and any other educational programs available to pupils enrolled in the school district, including, without limitation, to the extent information is available, programs, including, without limitation, dual credit courses, offered by charter schools within the school district, which will assist in the advancement of the education of those pupils. The notice must:

(a) Specify where those courses, services and programs are available within the school district;

(b) Identify the grade level of pupils for which those courses, services and programs are available; and

2. Each public school shall:

(a) Prepare a written notice which identifies the courses, services and programs identified pursuant to subsection 1 that are available at that public school;

(b) Post in one or more conspicuous places at the school a notice indicating the availability and location of a complete list of the courses, services and programs:

(1) Available within the school district, as identified pursuant to subsection 1; and

(2) Available at that public school, as identified pursuant to paragraph (a); and

(c) Ensure that the notices prepared pursuant to this section are made available to the parents and legal guardians of pupils enrolled in the school:

(1) At the beginning of each school year or upon a pupil’s enrollment in public school, as applicable, including, without limitation, at meetings of parent organizations at the school and by distribution with other information that is sent home with pupils.

(2) At parent-teacher conferences.

3. The notices prepared pursuant to subsection 1 and paragraph (a) of subsection 2 must be made available in such languages as the board of trustees of the school district deems necessary.

(Added to NRS by 2009, 1314; A 2017, 445)

NRS 392.025 Grade given to pupil by teacher: Restriction on change by board of trustees. The board of trustees of a school district shall not change the grade given to a pupil by a teacher unless the school district has established and followed a procedure that allows the teacher an opportunity to substantiate the grade that was given.

(Added to NRS by 1989, 1103)

1. If a parent or legal guardian of a pupil requests the education records of the pupil, a public school shall comply with the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.

2. If a parent or legal guardian of a pupil reviews the education records of the pupil and requests an amendment or other change to the education records, a public school shall comply with the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.

3. Except as otherwise provided in 20 U.S.C. § 1232g(b), a public school shall not release the education records of a pupil to a person, agency or organization without the written consent of the parent or legal guardian of the pupil.

4. If a public school administers a program which includes a survey, analysis or evaluation that is designed to elicit the information described in 20 U.S.C. § 1232h, it must comply with the provisions of that section.

5. A right accorded to a parent or legal guardian of a pupil pursuant to the provisions of this section devolves upon the pupil on the date on which the pupil attains the age of 18 years.

6. A public school shall, at least annually, provide to each pupil who is at least 18 years of age and to a parent or legal guardian of each pupil who is not at least 18 years of age, written notice of his or her rights pursuant to this section.

7. The provisions of this section:

(a) Are intended to ensure that each public school complies with the provisions of 20 U.S.C. §§ 1232g and 1232h;

(b) Must, to the extent possible, be construed in a manner that is consistent with 20 U.S.C. §§ 1232g and 1232h, and the regulations adopted pursuant thereto;

(d) Do not impair any right, obligation or prohibition established pursuant to chapter 432B of NRS.

8. The State Board may adopt such regulations as are necessary to ensure that public schools comply with the provisions of this section.

9. Upon receiving a request for education records pursuant to NRS 432.028, a public school or school district shall, within 10 school days or by the date of a scheduled court hearing which affects the child, whichever is earlier, provide the requested education records to the person who made the request. The board of trustees of a school district or the governing body of a charter school, as applicable, may be joined as a party in a proceeding concerning the protection of a child pursuant to NRS 432B.4655 for failure to comply with the requirements of this subsection.

10. As used in this section, “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

(Added to NRS by 1997, 2528; A 2017, 391)

1. The State Board shall adopt regulations which prescribe the courses of study required for promotion to high school, including, without limitation, English language arts, mathematics, science and social studies. The regulations may include the credits to be earned in each course.

2. Except as otherwise provided in subsection 4, the board of trustees of a school district shall not promote a pupil to high school if the pupil does not complete the course of study or credits required for promotion. The board of trustees of the school district in which the pupil is enrolled may provide programs of remedial study to complete the courses of study required for promotion to high school.

3. The board of trustees of each school district shall adopt a procedure for evaluating the course of study or credits completed by a pupil who transfers to a junior high or middle school from a junior high or middle school in this State or from a school outside of this State.

4. The board of trustees of each school district shall adopt a policy that allows a pupil who has not completed the courses of study or credits required for promotion to high school to be placed on academic probation and to enroll in high school. A pupil who is on academic probation pursuant to this subsection shall complete appropriate remediation in the subject areas that the pupil failed to pass. The policy must include the criteria for eligibility of a pupil to be placed on academic probation. A parent or guardian may elect not to place his or her child on academic probation but to remain in grade 8.

5. A homeschooled child who enrolls in a public high school shall, upon initial enrollment:

(a) Provide documentation sufficient to prove that the child has successfully completed the courses of study required for promotion to high school through an accredited program of homeschool study recognized by the board of trustees of the school district;

(b) Demonstrate proficiency in the courses of study required for promotion to high school through an examination prescribed by the board of trustees of the school district; or

(c) Provide other proof satisfactory to the board of trustees of the school district demonstrating competency in the courses of study required for promotion to high school.

(Added to NRS by 1997, 2488; A 2007, 1080, 1964, 3035; 2015, 1843, 2102; 2019, 3288)

NRS 392.035 Formula for determining mobility of pupils in school; Department to distribute form for submitting information necessary to formula.

1. In determining the mobility of pupils in a school, for any purpose, the Department shall divide the sum of the following numbers by the cumulative enrollment in the school:

(a) The number of late entries or transfers into a school from another school, school district or state, after the beginning of the school year;

(b) The number of pupils reentering the school after having withdrawn from the same school; and

2. To determine the cumulative enrollment of the school pursuant to subsection 1, the Department shall add the total number of pupils enrolled in programs of instruction in the school who are included in the count for apportionment purposes pursuant to paragraphs (a) to (d), inclusive, (f) and (g) of subsection 1 of NRS 387.123 and the number of pupils included in paragraphs (a) and (b) of subsection 1.

3. The Department shall develop and distribute to the county school districts a form upon which the information necessary to the formula may be submitted by the individual schools.

(Added to NRS by 1995, 1674; A 1999, 3316; 2001, 3163)

ATTENDANCE

Compulsory and Excused Attendance; Retention

1. Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 7 and 18 years shall enroll the child in a public school and send the child to the public school for the full school day during all the time the public school is in session in the school district in which the child resides unless the child has graduated from high school.

2. A child who is 5 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year, may be admitted to kindergarten at the beginning of that school year, and the child’s enrollment must be counted for purposes of apportionment. If a child is not 5 years of age on or before August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding the school year, the child must not be admitted to kindergarten.

3. Except as otherwise provided in subsection 4, a child who is 6 years of age on or before August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding the school year must:

(a) If the child has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or

(b) If the child has completed kindergarten, be admitted to the first grade at the beginning of that school year,

Ê and the child’s enrollment must be counted for purposes of apportionment. If a child is not 6 years of age on or before August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding the school year, the child must not be admitted to the first grade until the beginning of the school year following the child’s sixth birthday.

4. The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding the school year may elect for the child not to enroll in and attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.

5. Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send the child to the public school for the full school day during all the time the school is in session. If the board of trustees of a school district has adopted a policy prescribing a minimum number of days of attendance for pupils enrolled in kindergarten or first grade pursuant to NRS 392.122, the school district shall provide to each parent and legal guardian of a pupil who elects to enroll his or her child in kindergarten or first grade a written document containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade. Before the child’s first day of attendance at a school, the parent or legal guardian shall sign a statement on a form provided by the school district acknowledging or acknowledge via registration on an Internet website maintained by the school district that he or she has read and understands the policy concerning attendance, the child understands the policy concerning attendance and the parent or legal guardian, as applicable, has read and understands the policy concerning withdrawal of pupils from kindergarten or first grade. The parent or legal guardian shall comply with the applicable requirements for attendance. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.

6. A pupil who receives services outside of a public school pursuant to an individualized education program or a plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, shall be deemed to be in attendance at the public school and in compliance with the requirements for attendance set forth in this section during the time the pupil is receiving the services and is being transported to and from the public school to receive those services.

7. A child who is 7 years of age on or before August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding the school year must:

(a) If the child has completed kindergarten and the first grade, be admitted to the second grade.

(b) If the child has completed kindergarten, be admitted to the first grade.

(c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the child’s enrollment and attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 8 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, the child must be admitted to the first grade. If the district determines that the child is not so prepared, he or she must be admitted to kindergarten.

Ê The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.

8. Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:

(a) Who is 7 years of age on or before August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding the school year; and

(b) Whose parents waived the child’s enrollment and attendance from kindergarten pursuant to subsection 4,

Ê to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.

9. Except as otherwise provided in subsection 10, a child who becomes a resident of this State after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade the child was attending or would be attending had he or she remained a resident of the other state regardless of his or her age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.

10. Pursuant to the provisions of NRS 388F.010, a child who transfers to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the child must be admitted to:

(a) The grade, other than kindergarten, the child was attending or would be attending had he or she remained a resident of the other state, regardless of the child’s age.

(b) Kindergarten, if the child was enrolled in kindergarten in another state in accordance with the laws of that state, regardless of the child’s age.

11. As used in this section, “kindergarten” includes:

(a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060;

(b) A kindergarten established by the governing body of a charter school; and

[363:32:1956]—(NRS A 1957, 304; 1971, 170; 1975, 49; 1979, 818; 1989, 217; 1997, 1724; 2001, 3163; 2005, 520; 2007, 1080, 2179; 2009, 2620; 2021, 1027; 2023, 1084, 1207)

1. Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 6 and 18 years shall enroll the child in a public school and send the child to the public school for the full school day during all the time the public school is in session in the school district in which the child resides unless the child has graduated from high school.

(a) If the child has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or

(b) If the child has completed kindergarten, be admitted to the first grade at the beginning of that school year,

4. The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 5 years of age on or before August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding the school year may elect for the child not to enroll in and attend kindergarten during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.

5. Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send the child to the public school for the full school day during all the time the school is in session. If the board of trustees of a school district has adopted a policy prescribing a minimum number of days of attendance for pupils enrolled in kindergarten or first grade pursuant to NRS 392.122, the school district shall provide to each parent and legal guardian of a pupil who elects to enroll his or her child in kindergarten or first grade a written document containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade. Before the child’s first day of attendance at a school, the parent or legal guardian shall sign a statement on a form provided by the school district acknowledging or acknowledge via registration on an Internet website maintained by the school district that he or she has read and understands the policy concerning attendance, the child understands the policy concerning attendance and the parent or legal guardian, as applicable, has read and understands the policy concerning withdrawal of pupils from kindergarten or first grade. The parent or legal guardian shall comply with the applicable requirements for attendance. This requirement for attendance does not apply to any child under the age of 6 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.

7. Except as otherwise provided in subsection 8, a child who becomes a resident of this State after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade the child was attending or would be attending had he or she remained a resident of the other state regardless of his or her age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.

8. Pursuant to the provisions of NRS 388F.010, a child who transfers to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the child must be admitted to:

(a) The grade, other than kindergarten, the child was attending or would be attending had he or she remained a resident of the other state, regardless of the child’s age.

(b) Kindergarten, if the child was enrolled in kindergarten in another state in accordance with the laws of that state, regardless of the child’s age.

9. As used in this section, “kindergarten” includes:

(a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060;

(b) A kindergarten established by the governing body of a charter school; and

[363:32:1956]—(NRS A 1957, 304; 1971, 170; 1975, 49; 1979, 818; 1989, 217; 1997, 1724; 2001, 3163; 2005, 520; 2007, 1080, 2179; 2009, 2620; 2021, 1027; 2023, 1084, 1086, 1207, effective July 1, 2024)

1. A child must be excused from attendance required by the provisions of NRS 392.040 when satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child’s physical or mental condition or behavioral health is such as to prevent or render inadvisable the child’s attendance at school or his or her application to study.

2. A certificate in writing from any qualified physician, mental health professional or behavioral health professional acting within his or her authorized scope of practice, filed with the board of trustees immediately after its receipt, stating that the child is not able to attend school or that the child’s attendance is inadvisable must be taken as satisfactory evidence by the board of trustees.

3. A board of trustees of a school district which has excused from attendance pursuant to subsection 1 a child who, pursuant to NRS 388.417, qualifies as a pupil with a disability, shall make available to the child a free appropriate public education in compliance with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.), as that act existed on July 1, 1995.

4. If a pupil is excused from attendance pursuant to subsection 1, the excusal must not negatively affect the rating of a public school as determined by the Department pursuant to the statewide system of accountability for public schools.

[364:32:1956]—(NRS A 1995, 260; 2021, 3220)

NRS 392.060 Enrollment and attendance excused upon completion of 12 grades of elementary and high school. Enrollment and attendance required by the provisions of NRS 392.040 shall be excused when satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child has already completed the 12 grades of the elementary and high school courses.

[365:32:1956]—(NRS A 2023, 1209)

NRS 392.070 Enrollment and attendance excused for children in private school or homeschooled children. Enrollment and attendance of a child required by the provisions of NRS 392.040 must be excused when:

1. The child is enrolled in a private school pursuant to chapter 394 of NRS; or

2. A parent of the child chooses to provide education to the child and files a notice of intent to homeschool the child with the superintendent of schools of the school district in which the child resides in accordance with NRS 388D.020.

[366:32:1956]—(NRS A 1999, 3316; 2003, 2961; 2005, 2825; 2007, 3035; 2015, 1844; 2019, 3289; 2023, 1209)

NRS 392.072 Participation of homeschooled children in programs of special education and related services; regulations.

1. The board of trustees of each school district shall provide programs of special education and related services for homeschooled children. The programs of special education and related services required by this section must be made available:

(a) Only if a child would otherwise be eligible for participation in programs of special education and related services pursuant to NRS 388.417 to 388.469, inclusive, or NRS 388.5251 to 388.5267, inclusive;

(b) In the same manner that the board of trustees provides, as required by 20 U.S.C. § 1412, for the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians; and

(c) In accordance with the same requirements set forth in 20 U.S.C. § 1412 which relate to the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians.

2. The programs of special education and related services required by subsection 1 may be offered at a public school or another location that is appropriate.

3. The board of trustees of a school district may, before providing programs of special education and related services to a homeschooled child pursuant to subsection 1, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

4. The Department shall adopt such regulations as are necessary for the boards of trustees of school districts to provide the programs of special education and related services required by subsection 1.

5. As used in this section, “related services” has the meaning ascribed to it in 20 U.S.C. § 1401.

[366:32:1956]—(NRS A 1999, 3316; 2003, 2961; 2005, 2825; 2007, 3035; 2015, 1844; 2019, 3289)—(Substituted in revision for part of NRS 392.070)

NRS 392.074 Participation of private school children and homeschooled children in classes and extracurricular activities.

1. Except as otherwise provided in subsection 1 of NRS 392.072 for programs of special education and related services, upon the request of a parent or legal guardian of a child who is enrolled in a private school or a parent or legal guardian of a homeschooled child, the board of trustees of the school district in which the child resides shall authorize the child to participate in any classes and extracurricular activities, excluding sports, at a public school within the school district if:

(a) Space for the child in the class or extracurricular activity is available;

(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the child is qualified to participate in the class or extracurricular activity; and

(c) If the child is a homeschooled child, a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to NRS 388D.070.

Ê If the board of trustees of a school district authorizes a child to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the child to attend the class or activity. A homeschooled child must be allowed to participate in interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS and interscholastic activities and events, including sports, pursuant to subsection 3.

2. The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 1 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees. If the board of trustees revokes its approval, neither the board of trustees nor the public school is liable for any damages relating to the denial of services to the pupil.

3. In addition to those interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS, a homeschooled child must be allowed to participate in interscholastic activities and events, including sports, if a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to NRS 388D.070. A homeschooled child who participates in interscholastic activities and events at a public school pursuant to this subsection must participate within the school district of the child’s residence through the public school which the child is otherwise zoned to attend. Any rules or regulations that apply to pupils enrolled in public schools who participate in interscholastic activities and events, including sports, apply in the same manner to homeschooled children who participate in interscholastic activities and events, including, without limitation, provisions governing:

(a) Eligibility and qualifications for participation;

(b) Fees for participation;

(d) Transportation;

(e) Requirements of physical examination;

(f) Responsibilities of participants;

(g) Schedules of events;

(h) Safety and welfare of participants;

(i) Eligibility for awards, trophies and medals;

(j) Conduct of behavior and performance of participants; and

(k) Disciplinary procedures.

4. If a homeschooled child participates in interscholastic activities and events pursuant to subsection 3:

(a) No challenge may be brought by the Association, a school district, a public school or a private school, a parent or guardian of a pupil enrolled in a public school or a private school, a pupil enrolled in a public school or a private school, or any other entity or person claiming that an interscholastic activity or event is invalid because the homeschooled child is allowed to participate.

(b) Neither the school district nor a public school may prescribe any regulations, rules, policies, procedures or requirements governing the eligibility or participation of the homeschooled child that are more restrictive than the provisions governing the eligibility and participation of pupils enrolled in public schools.

5. The board of trustees of a school district:

(a) May, before authorizing a homeschooled child to participate in a class or extracurricular activity, excluding sports, pursuant to subsection 1, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

(b) Shall, before allowing a homeschooled child to participate in interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS and interscholastic activities and events pursuant to subsection 3, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

[366:32:1956]—(NRS A 1999, 3316; 2003, 2961; 2005, 2825; 2007, 3035; 2015, 1844; 2019, 3289)—(Substituted in revision for part of NRS 392.070)

NRS 392.075 Enrollment and attendance excused if permission granted to take high school equivalency assessment; enrollment and attendance required until notification of completed assessment.

1. Except as otherwise provided in subsection 2, enrollment and attendance required by the provisions of NRS 392.040 must be excused if a child has obtained permission to take the high school equivalency assessment pursuant to NRS 390.055.

2. After a child has taken the high school equivalency assessment, the child shall enroll in and attend school pursuant to the provisions of NRS 392.040 until the child receives notification that the child has successfully completed the assessment.

(Added to NRS by 2001, 1493; A 2013, 3283; 2023, 1209)

NRS 392.080 Attendance excused for distant residence from nearest school. Repealed. (See chapter 206, Statutes of Nevada 2023, at page 1228.)

NRS 392.110 Attendance excused for child between 15 and 18 years of age who has completed eighth grade to enter employment or apprenticeship; written permit required. Repealed. (See chapter 206, Statutes of Nevada 2023, at page 1228.)

NRS 392.118 Accounting of attendance and tardiness on report cards of pupils. [Effective through June 30, 2024.] The board of trustees of each school district shall adopt rules that require each public school in the district to include the accounting of attendance and, if feasible, tardiness of a pupil on each report card or other report of progress of the pupil. The report card or other report of progress must indicate the number of absences, if any, for the period covered by the report card or other report of progress.

(Added to NRS by 1997, 2834)

NRS 392.118 Accounting of attendance and tardiness on report cards of pupils; exemption for observance of religious holiday. [Effective July 1, 2024.] 1. The board of trustees of each school district shall adopt rules that require each public school in the district to include the accounting of attendance and, if feasible, tardiness of a pupil on each report card or other report of progress of the pupil. The report card or other report of progress must indicate the number of absences, if any, for the period covered by the report card or other report of progress.

2. An absence for the observance of a religious holiday which is approved pursuant to subsection 6 of NRS 392.130 must not be counted as an absence for the purposes of this section.

(Added to NRS by 1997, 2834; A 2023, 473, effective July 1, 2024)

1. Except as otherwise provided in NRS 389.320, the board of trustees of each school district shall prescribe a minimum number of days that a pupil who is subject to compulsory enrollment and attendance and enrolled in a school in the district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade. The board of trustees of a school district may adopt a policy prescribing:

(a) A minimum number of days that a pupil who is enrolled in kindergarten or first grade in the school district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade.

(b) The circumstances under which a pupil will be considered chronically absent by the Department.

2. Before a pupil is denied credit or promotion to the next higher grade for failure to comply with the attendance requirements prescribed pursuant to subsection 1, the principal of the school in which the pupil is enrolled or the principal’s designee shall provide written notice of the intended denial to the parent or legal guardian of the pupil. The notice must include a statement indicating that the pupil and the pupil’s parent or legal guardian may request a review of the absences of the pupil and a statement of the procedure for requesting such a review. Upon the request for a review by the pupil and the pupil’s parent or legal guardian, the parent or legal guardian may present the principal or the principal’s designee with documentation that the pupil has complied with the attendance requirements prescribed pursuant to subsection 1 by attending school, either in person or through an alternative program of education or a program of distance education approved by the Department. If the documentation is accurate and the principal or principal’s designee finds that any absence of the pupil was entered in error, the error must be corrected and the absences of the pupil must be recalculated for the purposes of determining whether the pupil may obtain credit or be promoted to the next higher grade.

3. A pupil and the pupil’s parent or legal guardian may appeal a decision of a principal or the principal’s designee pursuant to subsection 2 to the board of trustees of the school district in which the pupil is enrolled.

4. A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the enrollment, attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.

(Added to NRS by 1997, 2488; A 1999, 3454; 2003, 1341; 2005, 94, 521; 2009, 2622; 2019, 1163; 2023, 1210)

(b) The circumstances under which a pupil will be considered chronically absent by the Department.

4. For the purposes of this section, the days on which a pupil is not in attendance because the pupil is absent for the observance of a religious holiday must be credited towards the required days of attendance if the absence was approved pursuant to subsection 6 of NRS 392.130 and the pupil has completed course-work requirements.

5. A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the enrollment, attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.

(Added to NRS by 1997, 2488; A 1999, 3454; 2003, 1341; 2005, 94, 521; 2009, 2622; 2019, 1163; 2023, 473, 1210, effective July 1, 2024)

1. The principal of a public school or a designee of the principal shall, upon written request by a pupil who is between the ages of 14 and 18 years and who is enrolled in the school, provide the pupil a written statement signed by the principal or the designee:

(a) Verifying that the pupil has complied with the minimum attendance requirements established by the board of trustees of the school district pursuant to NRS 392.122; or

(b) If the pupil does not satisfy the requirements of paragraph (a), indicating that the principal or the designee has determined that a hardship exists and it would be in the best interests of the pupil or his or her family for the pupil to be allowed to drive if the pupil otherwise satisfies the requirements of NRS 483.2521, 483.267 or 483.270, as applicable.

2. The principal of a public school or a designee of the principal shall not provide a written statement pursuant to subsection 1 unless the pupil satisfies the requirements of paragraph (a) of subsection 1 or the principal determines a hardship exists pursuant to paragraph (b) of subsection 1.

3. The written statement provided to the pupil pursuant to subsection 1 may be used for the purposes of submitting materials that must accompany an application for a driver’s license pursuant to NRS 483.2521 or an application for a restricted license pursuant to NRS 483.267 and 483.270.

4. The board of trustees of each school district shall prescribe a standard form for use by the principals employed by the school district and their designees pursuant to this section.

(Added to NRS by 2013, 2458)

NRS 392.124 Pupil prohibited from being deprived of attendance award due to observance of religious holiday. [Effective July 1, 2024.] A pupil enrolled in a public school who is absent from school for the observance of a religious holiday may not be deprived of any award that is based on perfect attendance or any eligibility or opportunity to compete for such an award by reason of such absence if the absence is approved pursuant to subsection 6 of NRS 392.130.

(Added to NRS by 2023, 473, effective July 1, 2024)

NRS 392.125 Retention of pupil in same grade: Requirements; limitation; exception for charter schools. [Effective through June 30, 2028.]

1. Except as otherwise provided in subsection 4, before any pupil enrolled in a public school may be retained in the same grade rather than promoted to the next higher grade for the succeeding school year, the pupil’s teacher and principal must make a reasonable effort to arrange a meeting and to meet with the pupil’s parents or guardian to discuss the reasons and circumstances.

2. Except as otherwise provided in NRS 392.760, the teacher and the principal in joint agreement have the final authority to retain a pupil in the same grade for the succeeding school year.

3. Except as otherwise provided in subsection 2 of NRS 392.033 for the promotion of a pupil to high school, no pupil may be retained more than one time in the same grade.

4. Except as otherwise provided in NRS 388A.487, this section does not apply to the academic retention of pupils who are enrolled in a charter school.

(Added to NRS by 1979, 818; A 1981, 871; 1997, 1873; 2003, 2519; 2015, 1866)

NRS 392.125 Retention of pupil in same grade: Requirements; limitation; exception for charter schools. [Effective July 1, 2028.]

1. Except as otherwise provided in subsection 4 and NRS 392.780, before any pupil enrolled in a public school may be retained in the same grade rather than promoted to the next higher grade for the succeeding school year, the pupil’s teacher and principal must make a reasonable effort to arrange a meeting and to meet with the pupil’s parents or guardian to discuss the reasons and circumstances.

2. Except as otherwise provided in NRS 392.780, the teacher and the principal in joint agreement have the final authority to retain a pupil in the same grade for the succeeding school year.

3. Except as otherwise provided in subsection 2 of NRS 392.033 for the promotion of a pupil to high school and in NRS 392.780, no pupil may be retained more than one time in the same grade.

4. Except as otherwise provided in NRS 388A.487, this section does not apply to the academic retention of pupils who are enrolled in a charter school.

(Added to NRS by 1979, 818; A 1981, 871; 1997, 1873; 2003, 2519; 2015, 1866; 2023, 2200, effective July 1, 2028)

Advisory Boards to Review School Attendance; Absence and Truancy; Administrative Sanctions

NRS 392.126 Creation of advisory board in each county; membership; terms; compensation.

1. There is hereby created in each county at least one advisory board to review school attendance. The membership of each such board must, to the greatest extent possible, reflect the ethnic and geographic diversity of the county and may consist of:

(a) One probation officer in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;

(b) One representative of a law enforcement agency in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;

(d) One parent or legal guardian of a pupil who is enrolled in a public school in the county, or his or her designee or alternate who is also a parent or legal guardian, appointed by the president of the board of trustees of the school district;

(e) One member of the board of trustees of the school district, appointed by the president of the board of trustees;

(f) One school counselor or school teacher employed by the school district, appointed by an organization or association that represents licensed educational personnel in the school district;

(g) One deputy sheriff in the county, appointed by the sheriff of the county; and

(h) One representative of the agency which provides child welfare services, as defined in NRS 432B.030.

2. The members of each such board shall elect a chair from among their membership.

3. Each member of such a board must be appointed for a term of 2 years. A vacancy in the membership of the board must be filled in the same manner as the original appointment for the remainder of the unexpired term.

4. Each member of such a board serves without compensation, except that, for each day or portion of a day during which a member of the board attends a meeting of the board or is otherwise engaged in the business of the board, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The board of trustees of the school district shall pay the per diem allowance and travel expenses from the general fund of the school district.

(Added to NRS by 1997, 2834; A 1999, 3455; 2001 Special Session, 21; 2023, 1211)

NRS 392.127 Administrative support to advisory boards. The board of trustees of each school district shall provide administrative support to each advisory board to review school attendance created in its county pursuant to NRS 392.126.

(Added to NRS by 1997, 2834; A 1999, 3455; 2007, 1816; 2013, 2040)

NRS 392.128 Duties of advisory boards; division into subcommittees; provision of assistance in conjunction with community service providers; use and accounting of available money by advisory board.

1. Each advisory board to review school attendance created pursuant to NRS 392.126 shall:

(a) Review the records of the attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district, the State Public Charter School Authority or a college or university within the Nevada System of Higher Education or a city or county that sponsors a charter school pursuant to subsection 3 of NRS 385A.240;

(b) Identify factors that contribute to the truancy of pupils in the school district;

(c) Establish programs to reduce the truancy of pupils in the school district, including, without limitation, the coordination of services available in the community to assist with the intervention, diversion and discipline of pupils who are truant;

(d) At least annually, evaluate the effectiveness of those programs;

(e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants; and

(f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedures adopted pursuant to the provisions of this section.

2. The chair of an advisory board may divide the advisory board into subcommittees. The advisory board may delegate one or more of the duties of the advisory board to a subcommittee of the advisory board, including, without limitation, holding hearings pursuant to NRS 392.147. If the chair of an advisory board divides the advisory board into subcommittees, the chair shall notify the board of trustees of the school district of this action. Upon receipt of such a notice, the board of trustees shall establish rules and procedures for each such subcommittee. A subcommittee shall abide by the applicable rules and procedures when it takes action or makes decisions.

3. An advisory board to review school attendance may work with a family resource center or other provider of community services to provide assistance to pupils who are truant. The advisory board shall identify areas within the school district in which community services are not available to assist pupils who are truant. As used in this subsection, “family resource center” has the meaning ascribed to it in NRS 430A.040.

4. An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the Legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district. The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the truancy of pupils in the school district.

(Added to NRS by 1997, 2835; A 1999, 2670, 3455; 2001, 248; 2003, 19th Special Session, 79; 2007, 1817; 2011, 2377; 2015, 3814; 2019, 2013, 2074, 3249; 2023, 2200)

1. Within the meaning of this chapter, a pupil shall be deemed a truant who is absent from school without the written approval of the pupil’s teacher or the principal of the school, unless the pupil is physically or mentally unable to attend school.

2. Upon the request of a parent or legal guardian of a pupil, made during the absence or within the 3 days immediately preceding or the 3 days immediately following the requested absence, a teacher or principal may give his or her written approval for the pupil to be absent if an emergency exists, including, without limitation, a medical emergency concerning a member of his or her family, compliance with a court order, a funeral or similar event of grieving, a family emergency, temporary homelessness and a religious observance. A teacher or principal may not approve absences pursuant to this subsection in excess of 10 percent of the number of school days in the school year.

3. Before a pupil may attend or otherwise participate in school activities outside the classroom during regular classroom hours, the pupil must receive the approval of the teacher or principal.

4. An unapproved absence for at least one period, or the equivalent of one period for the school, of a school day may be deemed a truancy for the purposes of this section.

5. If a pupil is physically or mentally unable to attend school, the parent or legal guardian or other person having control or charge of the pupil shall notify the teacher or principal of the school orally or in writing, in accordance with the policy established by the board of trustees of the school district, within 3 days after the pupil returns to school.

6. An absence which has not been approved pursuant to this section shall be deemed an unapproved absence. In the event of an unapproved absence, the teacher, attendance officer or other school official shall deliver or cause to be delivered a written or electronic notice of truancy to the parent, legal guardian or other person having control or charge of the child. The written or electronic notice must be delivered to the parent, legal guardian or other person who has control of the child. The written or electronic notice must inform the parents or legal guardian of such absences in a form specified by the Department.

7. Except as otherwise provided in subsection 2 of NRS 392.122, all approved and unapproved absences must be counted for the purpose of determining whether a pupil is chronically absent.

8. The board of trustees of each school district and the governing body of each charter school and university school for profoundly gifted pupils shall:

(a) Communicate through various means, in a format and, to the extent practicable, in a language that parents and legal guardians can understand, the truancy policy and the definition of chronic absenteeism adopted by the Department pursuant to NRS 392.150; and

(b) Provide a parent or legal guardian of a pupil notice when the pupil is approaching the limit of 10 percent in the number of absences that may be approved pursuant to subsection 2.

9. The provisions of this section apply to all pupils who are required to enroll in and attend school pursuant to NRS 392.040.

10. As used in this section, “physically or mentally unable to attend” does not include a physical or mental condition for which a pupil is excused pursuant to NRS 392.050.

[372:32:1956]—(NRS A 1985, 2168; 1987, 158; 1997, 2835; 1999, 3456; 2007, 1082, 2181; 2023, 1212)

3. Before a pupil may attend or otherwise participate in school activities outside the classroom during regular classroom hours, the pupil must receive the approval of the teacher or principal.

4. An unapproved absence for at least one period, or the equivalent of one period for the school, of a school day may be deemed a truancy for the purposes of this section.

6. If a pupil will be absent from school for the observance of a religious holiday, the parent or legal guardian or other person having control or charge of the pupil shall notify the teacher or principal of the school in writing, in accordance with the policy established by the board of trustees of the school district, at least 3 days before the pupil will be absent from school. An absence for which notice is provided in accordance with this subsection shall be deemed an approved absence, except that not more than 5 absences within 1 school year may be approved pursuant to this subsection.

7. An absence which has not been approved pursuant to this section shall be deemed an unapproved absence. In the event of an unapproved absence, the teacher, attendance officer or other school official shall deliver or cause to be delivered a written or electronic notice of truancy to the parent, legal guardian or other person having control or charge of the child. The written or electronic notice must be delivered to the parent, legal guardian or other person who has control of the child. The written or electronic notice must inform the parents or legal guardian of such absences in a form specified by the Department.

8. All approved and unapproved absences must be counted for the purpose of determining whether a pupil is chronically absent.

9. The board of trustees of each school district and the governing body of each charter school and university school for profoundly gifted pupils shall:

(b) Provide a parent or legal guardian of a pupil notice when the pupil is approaching the limit of 10 percent in the number of absences that may be approved pursuant to subsection 2.

10. The provisions of this section apply to all pupils who are required to enroll in and attend school pursuant to NRS 392.040.

11. For the purposes of collecting the information required pursuant to NRS 385A.240 on the attendance, truancy and transiency of pupils for the annual report of accountability prepared pursuant to NRS 385A.070, an absence that is approved pursuant to subsection 6 shall not be deemed an absence.

12. As used in this section, “physically or mentally unable to attend” does not include a physical or mental condition for which a pupil is excused pursuant to NRS 392.050.

[372:32:1956]—(NRS A 1985, 2168; 1987, 158; 1997, 2835; 1999, 3456; 2007, 1082, 2181; 2023, 474, 1212, effective July 1, 2024)

NRS 392.140 Conditions under which pupil declared habitual truant; exemption due to inability to attend school for physical or mental reasons; applicability.

1. Any child who has been declared a truant three or more times within one school year must be declared a habitual truant.

2. Any child who has once been declared a habitual truant and who in an immediately succeeding year is absent from school without the written approval of the child’s teacher or the principal of the school pursuant to subsection 1 or 2 of NRS 392.130 may again be declared a habitual truant, unless the child is physically or mentally unable to attend school as provided in NRS 392.130.

3. The provisions of this section apply to all pupils who are required to enroll in and attend school pursuant to NRS 392.040.

[373:32:1956]—(NRS A 1997, 2836; 1999, 3457; 2007, 1083, 2182; 2023, 475, 1213)

NRS 392.141 Applicability of provisions to pupils. The provisions of NRS 392.144 to 392.148, inclusive, apply to all pupils who are required to enroll in and attend school pursuant to NRS 392.040.

(Added to NRS by 1999, 3452; A 2007, 1083, 2182; 2013, 2459; 2023, 1213)

1. If a pupil has been truant from school, the school in which the pupil is enrolled shall take reasonable actions designed, as applicable, to encourage, enable or convince the pupil to attend school.

2. If a pupil is a habitual truant pursuant to NRS 392.140, or if a pupil who is a habitual truant pursuant to NRS 392.140 is again declared truant pursuant to NRS 392.130 in the same school year after being declared a habitual truant, the principal of the school shall:

(a) Report the pupil to an attendance officer, a school police officer or the local law enforcement agency for investigation and issuance of a citation, if warranted, in accordance with NRS 392.149;

(b) If the parent or legal guardian of a pupil has signed a written or electronic consent pursuant to subsection 4, submit a written or electronic referral of the pupil to the advisory board to review school attendance in the county in accordance with NRS 392.146; or

3. The board of trustees of each school district shall adopt criteria to determine whether the principal of a school shall:

(a) Report a pupil to an attendance officer, a school police officer or the law enforcement agency pursuant to paragraph (a) of subsection 2;

(b) Refer a pupil to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2; or

4. If the principal of a school makes an initial determination to submit a written or electronic referral of a pupil to the advisory board to review school attendance, the principal shall notify the parent or legal guardian of the pupil and request the parent or legal guardian to sign a written or electronic consent that authorizes the school and, if applicable, the school district to release the records of the pupil to the advisory board to the extent that such release is necessary for the advisory board to carry out its duties pursuant to NRS 392.146 and 392.147. The written consent must comply with the applicable requirements of 20 U.S.C. § 1232g(b) and 34 C.F.R. Part 99. If the parent or legal guardian refuses to sign the consent, the principal shall:

(a) Report the pupil to an attendance officer, a school police officer or the local law enforcement agency pursuant to paragraph (a) of subsection 2; or

(b) Refer the pupil for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2.

(Added to NRS by 1999, 3452; A 2013, 1699, 2460; 2023, 1213)

NRS 392.146 Contents of written or electronic referral to advisory board; notice to parents or guardian. A written or electronic referral of a pupil to an advisory board to review school attendance must include the dates on which the pupil was truant from school and all action taken by the school to assist the pupil to attend school. The advisory board may request clarification of any information contained in the written or electronic referral or any additional information that the advisory board considers necessary. The school shall provide written or electronic notice of the referral to the parents or legal guardian of the pupil. The written or electronic notice must include, without limitation:

1. The name and address of the pupil referred;

2. A written or electronic explanation of the reason for the referral;

3. A summary of the provisions of NRS 392.147; and

4. The address and telephone number of the advisory board to review school attendance.

(Added to NRS by 1999, 3452; A 2023, 1214)

1. If an advisory board to review school attendance receives a written or electronic referral of a pupil pursuant to NRS 392.146, the advisory board shall set a date, time and place for a hearing. The pupil and the pupil’s parents or legal guardian shall attend the hearing held by the advisory board. The hearing must be closed to the public. The chair of an advisory board to review school attendance may request that subpoenas for a hearing conducted pursuant to this section be issued to:

(a) The parent or legal guardian of a pupil who has been referred to the advisory board or any other person that the advisory board considers necessary to the hearing.

(b) A pupil who has been referred to the advisory board.

2. If a pupil and the pupil’s parents or legal guardian do not attend the hearing, the chair of the advisory board shall:

(a) Report the pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149; or

(b) Refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148.

3. If an advisory board to review school attendance determines that the status of a pupil as a habitual truant can be adequately addressed through participation by the pupil in programs and services available in the community, the advisory board shall order the pupil to participate in such programs and services. If the pupil does not agree to participate in such programs and services, the chair of the advisory board shall report the pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149, or refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148. If the pupil agrees to participate in such programs and services, the advisory board, the pupil and the parents or legal guardian of the pupil shall enter into a written or electronic agreement that:

(a) Sets forth the findings of the advisory board;

(b) Sets forth the terms and conditions of the pupil’s participation in the programs and services designated by the advisory board; and

(c) Adequately informs the pupil and the pupil’s parents or legal guardian that if the pupil or his or her parents or legal guardian do not comply with the terms of the written or electronic agreement, the chair of the advisory board is legally obligated to report the pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149, or refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148.

Ê The parents or legal guardian of the pupil shall, upon the request of the advisory board, provide proof satisfactory to the advisory board that the pupil is participating in the programs and services set forth in the written or electronic agreement.

4. The chair of an advisory board to review school attendance shall report a pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency or refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148 if:

(a) The pupil and the pupil’s parents or legal guardian fail to attend a hearing set by the advisory board pursuant to subsection 1;

(b) The advisory board determines that the status of a pupil as a habitual truant cannot be adequately addressed by requiring the pupil to participate in programs and services available in the community;

(d) The pupil or the pupil’s parents or legal guardian violates the terms of the written or electronic agreement entered into pursuant to subsection 3.

5. If the chair of an advisory board makes a report to an attendance officer, a school police officer or the local law enforcement agency pursuant to subsection 4, the chair shall:

(a) Submit to the attendance officer, school police officer or law enforcement agency, as applicable, written or electronic documentation of all efforts made by the advisory board to address the status of the pupil as a habitual truant; and

(b) Make recommendations to the attendance officer, school police officer or law enforcement agency, as applicable, regarding the appropriate disposition of the case.

6. If the chair of an advisory board refers a pupil for the imposition of administrative sanctions pursuant to subsection 4, the chair shall:

(a) Provide written or electronic documentation of all efforts made by the advisory board to address the status of the pupil as a habitual truant; and

(b) Make recommendations regarding the appropriate disposition of the case.

7. If the parents or legal guardian of a pupil enter into a written or electronic agreement pursuant to this section, the parents or legal guardian may appeal to the board of trustees of the school district a determination made by the advisory board concerning the contents of the written or electronic agreement. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.

8. The board of trustees of each school district shall adopt policies and rules to protect the confidentiality of the deliberations, findings and determinations made by an advisory board and information concerning a pupil and the family of a pupil. An advisory board shall not disclose information concerning the records of a pupil or services provided to a pupil or the pupil’s family unless the disclosure is specifically authorized by statute or by the policies and rules of the board of trustees and is necessary for the advisory board to carry out its duties.

(Added to NRS by 1999, 3453; A 2013, 1700, 2460; 2023, 1214)

NRS 392.148 Administrative sanctions against habitual truant after investigation and hearing; suspension or delay in issuance of driver’s license; appeal by parent or guardian.

1. Upon receipt of a report pursuant to NRS 392.144 or 392.147, a school police officer or a person designated pursuant to subsection 6 shall conduct an investigation, set a date for a hearing and provide a written or electronic notice of the hearing to the parent or legal guardian of the pupil. If it appears after investigation and a hearing that a pupil is a habitual truant, a school police officer or a person designated pursuant to subsection 6 may issue an order imposing the following administrative sanctions against a pupil:

(a) If it is the first time that administrative sanctions have been issued pursuant to this section because the pupil is a habitual truant, and the pupil is 14 years of age or older, order the suspension of the driver’s license of the pupil for at least 30 days but not more than 6 months. If the pupil does not possess a driver’s license, the order must provide that the pupil is prohibited from applying for a driver’s license for 30 days:

(1) Immediately following the date of the order if the pupil is eligible to apply for a driver’s license; or

(2) After the date the pupil becomes eligible to apply for a driver’s license if the pupil is not eligible to apply for a driver’s license.

(b) If it is the second time or any subsequent time that administrative sanctions have been issued pursuant to this section because the pupil is a habitual truant, and the pupil is 14 years of age or older, order the suspension of the driver’s license of the pupil for at least 60 days but not more than 1 year. If the pupil does not possess a driver’s license, the order must provide that the pupil is prohibited from applying for a driver’s license for 60 days immediately following:

(1) The date of the order if the pupil is eligible to apply for a driver’s license; or

(2) The date the pupil becomes eligible to apply for a driver’s license if the pupil is not eligible to apply for a driver’s license.

2. If a pupil applies for a driver’s license, the Department of Motor Vehicles shall:

(a) Notify the pupil of the provisions of this section that authorize the suspension of the driver’s license of the pupil; and

(b) Require the pupil to sign an affidavit acknowledging that the pupil is aware that his or her driver’s license may be suspended pursuant to this section.

3. If an order is issued pursuant to this section delaying the ability of the pupil to receive a driver’s license, a copy of the order must be forwarded to the Department of Motor Vehicles not later than 5 days after the order is issued.

4. If an order is issued pursuant to this section suspending the driver’s license of a pupil:

(a) The pupil shall surrender his or her driver’s license to the school police officer or the person designated pursuant to subsection 6.

(b) Not later than 5 days after issuing the order, the school police officer or the designated person shall forward to the Department of Motor Vehicles a copy of the order and the driver’s license of the pupil.

(1) Shall report the suspension of the driver’s license of the pupil to an insurance company or its agent inquiring about the pupil’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.

(2) Shall not treat the suspension in the manner statutorily required for moving traffic violations.

(3) Shall not require the pupil to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after the suspension of a driver’s license.

5. The parent or legal guardian of a pupil may request a hearing before a person designated by the board of trustees of the school district in which the pupil is enrolled to appeal the imposition of any administrative sanctions pursuant to this section. The person designated by the board of trustees shall, not later than 30 days after receipt of the request, hold a hearing to review the reason for the imposition of any administrative sanctions. Not later than 30 days after the hearing, the person designated by the board of trustees shall issue a written decision affirming, denying or modifying the decision to impose administrative sanctions and mail a copy of the decision to the parent or legal guardian of the pupil.

6. If a public school does not have a school police officer assigned to it, the principal of the school may designate a qualified person to carry out the requirements of this section.

(Added to NRS by 2013, 2458; A 2023, 1216)

NRS 392.149 Issuance of citation to habitual truant; applicability.

1. Upon receipt of a report pursuant to NRS 392.144 or 392.147, if it appears after investigation that a pupil is a habitual truant, the attendance officer, school police officer or law enforcement agency to whom the report is made shall prepare manually or electronically a citation directing the pupil to appear in the proper juvenile court.

2. A copy of the citation must be delivered to the pupil and to the parent, guardian or any other person who has control or charge of the pupil by:

(a) The local law enforcement agency;

(b) A school police officer employed by the board of trustees of the school district; or

3. The citation must be in the form prescribed for misdemeanor citations in NRS 171.1773.

4. The provisions of this section apply to all pupils who are required to enroll in and attend school pursuant to NRS 392.040.

(Added to NRS by 1997, 2835; A 1999, 1144, 3457; 2007, 1083, 2182; 2013, 1701; 2023, 1217)

1. The board of trustees of a school district may appoint an attendance officer for the school district, who need not be a licensed employee of the school district, except that in any school district where a system of classified employment is in effect, attendance officers must be classified employees of the school district. If the board of trustees appoints an attendance officer for the school district, the board of trustees may:

(a) Fix the compensation of the attendance officer;

(b) Prescribe the duties of the attendance officer; and

2. The board of trustees of each school district shall:

(a) Establish procedures to monitor the attendance, chronic absenteeism and truancy of pupils, including, without limitation, a standard method for reporting the chronic absenteeism and truancy of pupils and a standard method for reporting excessive absences of pupils throughout the school district;

(b) Coordinate efforts to refer pupils who are truant to appropriate providers of community services; and

(c) Determine, based on the attendance, chronic absenteeism and truancy of pupils at each school within the school district, whether to employ an attendance clerk for a particular school or group of schools whose primary responsibility is to monitor the attendance and truancy of pupils.

3. The Department shall adopt by regulation a definition of the term “chronic absenteeism.” The board of trustees of each school district shall ensure that the actions taken pursuant to subsection 2 are consistent with such a definition.

[374:32:1956]—(NRS A 1959, 595; 1973, 719; 1987, 1013; 2007, 1817; 2023, 1218)

NRS 392.160 Taking into custody child reported absent from school; persons or counseling agency to whom child may be delivered. [Effective through June 30, 2024.]

1. Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant:

(a) Any child between the ages of 7 and 18 years; and

(b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a public school,

Ê who has been reported to the officer by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which the child is lawfully required to attend.

2. Except as otherwise provided in subsection 3:

(a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent of schools, principal or other school officer at the child’s school of attendance.

(b) After school hours, the officer having custody shall deliver the child to the parent, guardian or other person having control or charge of the child.

3. The board of trustees of a school district or the governing body of a charter school may enter into an agreement with a counseling agency to permit delivery of the child to the agency. For the purposes of this subsection, “counseling agency” means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or other person having control or charge of the child.

[375:32:1956]—(NRS A 1957, 305; 1979, 819, 1614; 1989, 70; 1997, 1874; 1999, 3458; 2007, 1084, 2183)

NRS 392.160 Taking into custody child reported absent from school; persons or counseling agency to whom child may be delivered. [Effective July 1, 2024.]

1. Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant:

(a) Any child between the ages of 6 and 18 years; and

(b) Any child who has arrived at the age of 5 years but not at the age of 6 years and is enrolled in a public school,

Ê who has been reported to the officer by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which the child is lawfully required to attend.

2. Except as otherwise provided in subsection 3:

(a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent of schools, principal or other school officer at the child’s school of attendance.

(b) After school hours, the officer having custody shall deliver the child to the parent, guardian or other person having control or charge of the child.

[375:32:1956]—(NRS A 1957, 305; 1979, 819, 1614; 1989, 70; 1997, 1874; 1999, 3458; 2007, 1084, 2183; 2023, 1088, effective July 1, 2024)

Birth Certificates and Records of Attendance; Name for Enrollment

NRS 392.165 Documents required for permanent enrollment; name under which child must be enrolled; notification to local law enforcement agency for failure to furnish documents.

1. The board of trustees of a school district and the governing body of a charter school shall not allow a child to be permanently enrolled in any school in the district or any charter school until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the child’s identity and, if applicable, a copy of the child’s records from the school the child most recently attended.

2. Except as otherwise provided in subsection 3, a child must be enrolled in a school under the child’s name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the board of trustees of the school district or the governing body of a charter school to enroll the child under a name other than the name which appears in the identifying document or records.

3. A child who is in the custody of the agency which provides child welfare services, as defined in NRS 432B.030, may be enrolled in a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.

4. If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally enrolled, the principal, superintendent or governing body of a charter school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.

(Added to NRS by 1985, 2168; A 1987, 212; 1993, 2691; 1997, 1874; 2001 Special Session, 21)

NRS 392.167 Petition for court order permitting enrollment of child under name other than name appearing on birth certificate or other identifying document. A parent or guardian who has legal custody of a child may petition the appropriate district court for an order directing the board of trustees of a school district or the governing body of a charter school to enroll that child in a public school within that district under a name other than the name which appears in the identifying document or records required by subsection 1 of NRS 392.165. Except as otherwise provided by specific statute, the court shall issue the order if it determines that to do so would be in the best interests of the child.

(Added to NRS by 1987, 212; A 1993, 2307; 1997, 1875)

Enforcement and Penalties

NRS 392.170 Investigation of charges against parent, guardian or custodian of child; written or electronic report. Upon the written complaint of any person, the board of trustees of a school district or the governing body of a charter school shall:

1. Make a full and impartial investigation of all charges against parents, guardians or other persons having control or charge of any child who is under 18 years of age and required to enroll in and attend school pursuant to NRS 392.040 for violation of any of the provisions of NRS 392.040 to 392.075, inclusive, or 392.130 to 392.160, inclusive.

2. Make and file a written or electronic report of the investigation and the findings thereof in the records of the board.

[376:32:1956]—(NRS A 1997, 1875, 2836; 1999, 490; 2007, 1084, 2183; 2023, 1218)

NRS 392.180 Criminal complaint by board of trustees of school district or governing body of charter school. If it appears upon investigation that any parent, guardian or other person having control or charge of any child who is under 18 years of age and required to enroll in and attend school pursuant to NRS 392.040 has violated any of the provisions of NRS 392.040 to 392.075, inclusive, or 392.130 to 392.160, inclusive, the clerk of the board of trustees or the governing body of a charter school in which the child is enrolled, except as otherwise provided in NRS 392.190, shall make and file in the proper court a criminal complaint against the parent, guardian or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority.

[377:32:1956]—(NRS A 1997, 1875, 2836; 1999, 490; 2007, 1084, 2183; 2023, 1218)

NRS 392.190 Criminal complaint by attendance officer. In a school district having an attendance officer, the attendance officer shall, if directed by the board of trustees, make and file the complaint provided for by NRS 392.180, and shall see that the charge is prosecuted by the proper authorities.

[378:32:1956]

NRS 392.200 Criminal complaint by taxpayer, school administrator or school officer. Any taxpayer, school administrator, school officer or deputy school officer in the State of Nevada may make and file in the proper court a criminal complaint against a parent, guardian or other person who has control or charge of any child who is under 18 years of age and required to enroll in and attend school pursuant to NRS 392.040 and who violates any of the provisions of law requiring the enrollment and attendance of children in the public schools of this State.

[379:32:1956]—(NRS A 1997, 2837; 2007, 1085, 2183; 2023, 1219)

NRS 392.210 Penalty for failure of parent, guardian or custodian of child to prevent subsequent truancy; limitation for providers of foster care.

1. Except as otherwise provided in subsection 2, a parent, guardian or other person who has control or charge of any child and to whom notice has been given of the child’s truancy as provided in NRS 392.130, and who fails to prevent the child’s subsequent truancy within that school year, is guilty of a misdemeanor.

2. A person who is licensed pursuant to NRS 424.030 to conduct a foster home is liable pursuant to subsection 1 for a child in his or her foster care only if the person has received notice of the truancy of the child as provided in NRS 392.130, and negligently fails to prevent the subsequent truancy of the child within that school year.

[380:32:1956]—(NRS A 1967, 565; 1999, 898; 2001 Special Session, 22; 2009, 1491; 2013, 1455; 2023, 1219)

NRS 392.215 False statement concerning age or attendance; false birth certificate or record of attendance; refusal to furnish documents; penalty. Any parent, guardian or other person who, with intent to deceive under NRS 392.040 to 392.075, inclusive, or 392.130 to 392.165, inclusive:

1. Makes a false statement concerning the age or attendance at school;

2. Presents a false birth certificate or record of attendance at school; or

3. Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4 of NRS 392.165,

Ê of a child under 18 years of age who is under his or her control or charge, is guilty of a misdemeanor.

[371:32:1956]—(NRS A 1957, 304; 1967, 565; 1985, 2168; 1987, 213; 2007, 1085, 2184; 2023, 1219)

NRS 392.220 Penalty for abetting truancy; unlawful employment of child absent from school; visitation of place of employment by school officer or attendance clerk to verify compliance.

1. Any person, including, without limitation, a parent or legal guardian of a child, who knowingly induces or attempts to induce any child to be absent from school unlawfully, including, without limitation, requiring the child to provide care for a sibling while school is in session, or who knowingly employs or harbors, while school is in session, any child absent unlawfully from school, is guilty of a misdemeanor.

2. The attendance officer for the school district, an attendance clerk or any other school officer is empowered to visit any place or establishment where minor children are employed to ascertain whether the provisions of this title of NRS are complied with fully, and may demand from all employers of such children a list of children employed, with their names and ages.

[381:32:1956]—(NRS A 1967, 565; 2007, 1818)

CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT FOR SEXUAL OFFENSE OR SEXUALLY MOTIVATED ACT

NRS 392.251 Definitions. As used in NRS 392.251 to 392.271, inclusive, unless the context otherwise requires, the words and terms defined in NRS 392.254 to 392.261, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1997, 426; A 2001, 2070)

NRS 392.254 “Notification” defined. “Notification” means a notification which indicates that a child has been adjudicated delinquent for a sexual offense or a sexually motivated act and which is provided by a probation officer or parole officer pursuant to NRS 62F.120.

(Added to NRS by 1997, 426; A 2001, 2070; 2003, 1146)

NRS 392.258 “Offender” defined. “Offender” means a child identified in a notification as the child who has been adjudicated delinquent for a sexual offense or a sexually motivated act.

(Added to NRS by 1997, 426; A 2001, 2070)

NRS 392.2583 “Sexual offense” defined. “Sexual offense” has the meaning ascribed to it in NRS 62F.100.

(Added to NRS by 2001, 2070; A 2003, 1146)

NRS 392.2587 “Sexually motivated act” defined. “Sexually motivated act” has the meaning ascribed to it in NRS 62A.320.

(Added to NRS by 2001, 2070; A 2003, 1146)

NRS 392.261 “Victim” defined. “Victim” means a child identified in a notification as a victim of a sexual offense or a sexually motivated act committed by the offender.

(Added to NRS by 1997, 427; A 2001, 2070)

1. If a superintendent of a school district receives notification and a victim identified in the notification is a pupil in the school district, the superintendent shall not permit an offender who is subject to the provisions of NRS 62F.100 to 62F.150, inclusive, to enroll in or attend a public school that a victim is enrolled in or attending unless:

(a) An alternative plan of supervision is approved by the court pursuant to NRS 62F.130; or

(b) An alternative plan of attendance is approved by the court pursuant to NRS 62F.140.

2. If the court does not approve an alternative plan of supervision or an alternative plan of attendance for the offender and the school district in which the offender resides does not have another public school in the district for the offender to enroll in and attend, the superintendent of the school district shall negotiate an agreement with:

(a) The superintendent of an adjoining school district within this state for the offender to enroll in and attend a public school in that adjoining school district; or

(b) The superintendent, or another appropriate administrator, of an adjoining school district in an adjoining state for the offender to enroll in and attend a public school in that adjoining school district.

3. The superintendent of the school district in which the offender resides shall inform the person with whom the superintendent is negotiating that the offender has been adjudicated delinquent for a sexual offense or a sexually motivated act, but the superintendent shall not disclose the name of a victim.

4. An agreement which is made pursuant to this section and which is presented to a board of trustees for approval:

(a) Must not contain the name of a victim;

(b) Must comply with the provisions of subsections 2 and 3 of NRS 392.010; and

5. A board of trustees may terminate an agreement entered into pursuant to this section if, because of a change in circumstances, the offender is able to enroll in and attend a public school in the school district in which the offender resides without violating subsection 1.

(Added to NRS by 1997, 427; A 2001, 2070; 2003, 1146; 2023, 1219)

NRS 392.268 Reimbursement to school district for transportation costs incurred to send offender to school other than school victim is enrolled in or attends. If a school district incurs additional costs for transporting an offender because the offender is prohibited from enrolling in or attending a public school that a victim is enrolled in or attending, the school district is entitled to reimbursement of all or part of those costs from the parents or guardians of the offender to the extent ordered by the court pursuant to NRS 62F.110. The superintendent of the school district or the parents or guardians of the offender may petition the court to reconsider the amount of reimbursement ordered by the court.

(Added to NRS by 1997, 427; A 2003, 1147; 2023, 1220)

NRS 392.271 Confidentiality of name of victim; immunity from liability if name released under certain circumstances.

1. A superintendent of a school district who receives notification shall not release the name of the offender or the name of a victim to another person unless required by law or authorized by an order of the court.

2. A person who obtains the name of the offender or the name of a victim pursuant to law or an order of the court shall not release the name of the offender or the name of a victim to another person unless required by law or authorized by an order of the court.

3. A superintendent of a school district or a person who:

(a) Obtains the name of the offender or the name of a victim pursuant to law or an order of the court; and

(b) In good faith, releases or fails to release the name of the offender or the name of a victim,

Ê is immune from criminal or civil liability for releasing or failing to release the name of the offender or the name of a victim unless the superintendent or the person acted with gross negligence.

(Added to NRS by 1997, 427)

REPORTS OF ABUSE, NEGLECT AND OTHER ILLEGAL CONDUCT

NRS 392.275 Definitions. As used in NRS 392.275 to 392.365, inclusive, unless the context otherwise requires, the words and terms defined in NRS 392.281 to 392.295, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2017, 2082; A 2021, 793)

NRS 392.281 “Abuse or neglect of a child” defined. “Abuse or neglect of a child” has the meaning ascribed to it in NRS 432B.020, but includes abuse or neglect caused by a person who is an employee of or volunteer for a public school or private school and who is not responsible for the welfare of the child pursuant to NRS 432B.130.

(Added to NRS by 2017, 2082)

NRS 392.283 “Agency which provides child welfare services” defined. “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

(Added to NRS by 2017, 2082)

NRS 392.285 “Central Registry” defined. “Central Registry” has the meaning ascribed to it in NRS 432.0999.

(Added to NRS by 2017, 2082)

NRS 392.287 “Child” defined. “Child” means a person under the age of 18 years or, if a pupil, until graduation from high school. The term does not include a child who remains under the jurisdiction of the court pursuant to NRS 432B.594.

(Added to NRS by 2017, 2082)

NRS 392.289 “Information maintained by an agency which provides child welfare services” defined. “Information maintained by an agency which provides child welfare services” means data or information concerning reports and investigations made pursuant to NRS 392.275 to 392.365, inclusive, including, without limitation, the name, address, date of birth, social security number and the image or likeness of any child, family member of any child and reporting party or source, whether primary or collateral.

(Added to NRS by 2017, 2082)

NRS 392.291 “Law enforcement agency” defined. “Law enforcement agency” means an agency, office or bureau of this State or a political subdivision of this State, the primary duty of which is to enforce the law. The term includes, without limitation, a school police officer, and any peace officer or employee who is acting in his or her professional or occupational capacity for such an agency.

(Added to NRS by 2017, 2082)

NRS 392.293 “Local law enforcement agency” defined. “Local law enforcement agency” means:

1. The sheriff’s office of a county;

2. A metropolitan police department; or

3. A police department of an incorporated city.

(Added to NRS by 2017, 2082)

NRS 392.295 “Private school” defined. “Private school” has the meaning ascribed to it in NRS 394.103.

(Added to NRS by 2017, 2082)

NRS 392.297 Definition of when person has “reasonable cause to believe” and when person acts “as soon as reasonably practicable.” For the purposes of NRS 392.275 to 392.365, inclusive, a person:

1. Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

2. Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.

(Added to NRS by 2017, 2082)

NRS 392.303 Employee of or volunteer for school required to make report; timing of and entity to be notified of report; investigation of reports.

1. In addition to the reporting required by NRS 432B.220, if, in his or her capacity as an employee of or volunteer for a public school or private school, such an employee or volunteer knows or has reasonable cause to believe that a child has been subjected to:

(a) Abuse or neglect, sexual conduct in violation of NRS 201.540, luring in violation of NRS 201.560 by another employee of or volunteer for a public school or private school or a violation of NRS 201.553 by another employee of or volunteer for a public or private school, the employee or volunteer who has such knowledge or reasonable cause to believe shall report the abuse or neglect, sexual conduct, luring or other violation to the agency which provides child welfare services in the county in which the school is located and a law enforcement agency.

(b) Corporal punishment in violation of NRS 392.4633 or 394.366 by another employee of or volunteer for a public school or private school, the employee or volunteer who has such knowledge or reasonable cause to believe shall report the corporal punishment to the agency which provides child welfare services in the county in which the school is located.

2. A report pursuant to subsection 1 must be made as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been subjected to abuse or neglect or a violation of NRS 201.540, 201.553, 201.560, 392.4633 or 394.366.

3. If a law enforcement agency that receives a report pursuant to paragraph (a) of subsection 1 concludes that there is not probable cause to believe that the person allegedly responsible for the abuse or neglect or who allegedly violated NRS 201.540, 201.553 or 201.560 committed the act of which he or she is accused, the law enforcement agency shall notify the agency which provides child welfare services of that determination.

4. If a school police officer receives a report pursuant to this section of an offense that is punishable as a category A felony, the school police officer shall notify the local law enforcement agency that has jurisdiction over the school.

5. A law enforcement agency, other than a school police officer, shall notify a school police officer, if such an officer is employed in the school district, if the law enforcement agency receives a report pursuant to this section of an offense that is punishable as a felony and:

(a) Allegedly occurred:

(1) On the property of a public school for which the board of trustees of the school district has employed or appointed school police officers;

(2) At an activity sponsored by such a school; or

(3) On a school bus while the school bus was being used by such a school for an official school-related purpose; or

(b) Was allegedly committed by a person who the law enforcement agency has reasonable cause to believe is an employee or volunteer of such a school.

6. An agency which provides child welfare services shall assess all allegations contained in any report made pursuant to this section and, if the agency deems appropriate, assign the matter for investigation.

7. Nothing in NRS 392.275 to 392.365, inclusive, shall be construed to prohibit an agency which provides child welfare services and a law enforcement agency from undertaking simultaneous investigations of the abuse or neglect of a child or a violation of NRS 201.540, 201.553 or 201.560.

(Added to NRS by 2017, 2083; A 2023, 2485)

NRS 392.305 Method of making report; content.

1. A person may make a report pursuant to NRS 392.303 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.

2. The report must contain the following information, if obtainable and to the extent applicable:

(a) The name, address, age and sex of the child and the school in which the child is enrolled;

(b) The name and address of the child’s parents or other person responsible for the care of the child;

(c) The nature and extent of the abuse or neglect of the child or the sexual conduct, luring or corporal punishment to which the child was subjected;

(d) The name, address and relationship, if known, of the person who is alleged to have abused or neglected, engaged in sexual contact with, lured or administered corporal punishment to, the child; and

(e) Any other information known to the person making the report that the agency which provides child welfare services considers necessary.

(Added to NRS by 2017, 2084)

NRS 392.307 Penalty for failure to make report. Any person who knowingly and willfully violates the provisions of NRS 392.303 is guilty of:

1. For the first violation, a misdemeanor.

2. For each subsequent violation, a gross misdemeanor.

(Added to NRS by 2017, 2084)

NRS 392.309 Persons required to report prohibited from invoking certain privileges. Any person who is required to make a report pursuant to NRS 392.303 may not invoke any of the privileges set forth in chapter 49 of NRS:

1. For failure to make a report pursuant to NRS 392.303;

2. In cooperating with an agency which provides child welfare services; or

3. In any proceeding held pursuant to NRS 392.275 to 392.365, inclusive.

(Added to NRS by 2017, 2084)

NRS 392.311 Admissibility of evidence. In any proceeding resulting from a report made or action taken pursuant to the provisions of NRS 392.303 or 392.305 or in any proceeding where the report or the contents thereof is sought to be introduced in evidence, the report or contents or any other fact or facts related thereto or to the condition of the child who is the subject of the report must not be excluded on the ground that the matter would otherwise be privileged against disclosure under chapter 49 of NRS.

(Added to NRS by 2017, 2084)

NRS 392.313 Interview of child and witness concerning allegations contained in report; photographs, X-rays and medical tests.

1. A designee of an agency investigating a report made pursuant to NRS 392.303 may, with the consent of the parent or guardian of the child who is the subject of the report, interview the child, if an interview is deemed appropriate by the designee, concerning the allegations contained in the report. A designee who conducts an interview pursuant to this subsection must be trained adequately to interview children.

2. A designee of an agency investigating a report made pursuant to NRS 392.303 may, with the consent of the parent or guardian of a child who is identified as a witness to the allegations contained in the report, interview the child, if an interview is deemed appropriate by the designee, concerning the allegations contained in the report. A designee who conducts an interview pursuant to this subsection must be trained adequately to interview children.

3. A designee of an agency investigating a report made pursuant to NRS 392.303 may, with the consent of the parent or guardian of a child who is the subject of the report and after informing the parent or guardian of the provisions of subsection 4:

(a) Take or cause to be taken photographs of the child’s body, including any areas of trauma; and

(b) If indicated after consultation with a physician, cause X-rays or medical tests to be performed on the child.

4. The reasonable cost of any photographs or X-rays taken or medical tests performed pursuant to subsection 3 must be paid by the parent or guardian of the child if money is not otherwise available.

5. Any photographs or X-rays taken or records of any medical tests performed pursuant to subsection 3, or any medical records relating to the examination or treatment of a child pursuant to this section, or copies thereof, must be sent to the agency which provides child welfare services, any law enforcement agency participating in the investigation of the report and the prosecuting attorney’s office. Each photograph, X-ray, result of a medical test or other medical record:

(a) Must be accompanied by a statement or certificate signed by the custodian of medical records of the health care facility where the photograph or X-ray was taken or the treatment, examination or medical test was performed, indicating:

(1) The name of the child;

(2) The name and address of the person who took the photograph or X-ray, performed the medical test, or examined or treated the child; and

(3) The date on which the photograph or X-ray was taken or the treatment, examination or medical test was performed;

(b) Is admissible in any proceeding relating to the allegations in the report made pursuant to NRS 392.303; and

6. The school in which a child who is identified as a witness to the allegations contained in a report made pursuant to NRS 392.303 is enrolled shall request consent from the parent or guardian of the child for the school to provide his or her contact information to the agency investigating the report and:

(a) Upon receiving such consent, the school shall provide the agency investigating the report with that contact information.

(b) If the school is unable to obtain such consent, the school shall provide the agency investigating the report with the contact information of the parent or guardian of the child to the extent not prohibited by federal law.

7. As used in this section, “medical test” means any test performed by or caused to be performed by a provider of health care, including, without limitation, a computerized axial tomography scan and magnetic resonance imaging.

(Added to NRS by 2017, 2084; A 2019, 413)

NRS 392.315 Confidentiality of information maintained by an agency which provides child welfare services; exceptions; penalty.

1. Except as otherwise provided in NRS 239.0115 and NRS 392.317 to 392.337, inclusive, information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, is confidential.

2. Any person, law enforcement agency or public agency, institution or facility who willfully releases or disseminates such information, except:

(a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child;

(b) As otherwise authorized pursuant to NRS 432B.165 and 432B.175;

(d) As otherwise authorized or required pursuant to NRS 439.597;

(e) As otherwise required pursuant to NRS 432B.513; or

(f) As otherwise authorized or required pursuant to NRS 392.317 to 392.337, inclusive,

Ê is guilty of a gross misdemeanor.

(Added to NRS by 2017, 2085)

NRS 392.317 Authorized release of information. Except as otherwise provided in NRS 392.317 to 392.337, inclusive, and in addition to information provided pursuant to NRS 392.337, information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, may, at the discretion of the agency which provides child welfare services, be made available only to:

1. The child who is the subject of the report, the parent or guardian of the child and an attorney for the child or the parent or guardian of the child, if the identity of the person responsible for reporting the abuse or neglect of the child or the violation of NRS 201.540, 201.553, 201.560, 392.4633 or 394.366 to a public agency and the identity of any child witness are kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child who is the subject of the report;

2. A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected or subject to a violation of NRS 201.540, 201.553, 201.560, 392.4633 or 394.366;

3. An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care or treatment or supervision of the child or investigate the allegations in the report;

4. A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the conduct alleged in the report;

5. A court, other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

6. A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;

7. A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business;

8. A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect and violations of NRS 201.540, 201.553, 201.560, 392.4633 or 394.366 or similar statutes in another jurisdiction;

9. A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;

10. A team organized pursuant to NRS 432B.405 to review the death of a child;

11. Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:

(a) The identity of the person making the report is kept confidential; and

(b) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have engaged in the conduct described in the report;

12. The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

13. A public school, private school, school district or governing body of a charter school or private school in this State or any other jurisdiction that employs a person named in the report, allows such a person to serve as a volunteer or is considering employing such a person or accepting such a person as a volunteer;

14. The school attended by the child who is the subject of the report and the board of trustees of the school district in which the school is located or the governing body of the school, as applicable;

15. An employer in accordance with subsection 3 of NRS 432.100; and

16. The Committee to Review Suicide Fatalities created by NRS 439.5104.

(Added to NRS by 2017, 2086; A 2019, 414; 2023, 2486)

NRS 392.325 Authorized release of information; summary of outcome of investigation.

1. An agency which provides child welfare services investigating a report made pursuant to NRS 392.303 shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of a child or violating the provisions of NRS 201.540, 201.553, 201.560, 392.4633 or 394.366:

(a) A copy of:

(1) Any statement made in writing to an investigator for the agency by the person; or

(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person; or

(b) A written summary of the allegations made against the person. The summary must not identify the person who made the report, any child witnesses to the allegations contained in the report or any collateral sources and reporting parties.

2. A person may authorize the release of information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, about himself or herself, but may not waive the confidentiality of such information concerning any other person.

3. An agency which provides child welfare services may provide a summary of the outcome of an investigation of the allegations in a report made pursuant to NRS 392.303 to the person who made the report.

(Added to NRS by 2017, 2087; A 2019, 415; 2023, 2488)

1. Information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.

2. Before releasing any information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who makes a report pursuant to NRS 392.303, to protect the identity of any child witness to the allegations contained in the report and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the allegations in the report or the life or safety of any person.

3. The provisions of NRS 392.317 to 392.337, inclusive, must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.

4. If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law.

5. An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of NRS 392.317 to 392.337, inclusive.

(Added to NRS by 2017, 2087; A 2019, 416)

NRS 392.335 Penalty for unlawful dissemination of information.

1. Except as otherwise provided in NRS 392.317 to 392.337, inclusive, any person who is provided with information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This section does not apply to:

(a) A district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings;

(b) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151;

(d) A parent or guardian of a child who is the subject of a report who provides the information to an attorney for the child or the parent or guardian of the child pursuant to NRS 392.337.

2. As used in this section, “juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.

(Added to NRS by 2017, 2088; A 2019, 416)

NRS 392.337 Notification concerning disposition of report upon completion of investigation whether report is substantiated; actions if report is substantiated; report to Central Registry.

1. An agency which provides child welfare services investigating a report made pursuant to NRS 392.303 shall, upon completing the investigation, notify the parent or guardian of the child who is the subject of the report of the disposition assigned to the report pursuant to NRS 392.339.

2. If the report is substantiated, the agency shall:

(a) Forward the report to the Department of Education, the board of trustees of the school district in which the school is located or the governing body of the charter school or private school, as applicable, the appropriate local law enforcement agency within the county and the district attorney’s office within the county for further investigation.

(b) Provide written notification to the person who is named in the report as allegedly causing the abuse or neglect of the child or violating NRS 201.540, 201.553, 201.560, 392.4633 or 394.366 which includes statements indicating that:

(1) The report made against the person has been substantiated and the agency which provides child welfare services intends to place the person’s name in the Central Registry pursuant to paragraph (a); and

(2) The person may request an administrative appeal of the substantiation of the report and the agency’s intention to place the person’s name in the Central Registry by submitting a written request to the agency which provides child welfare services within the time required by NRS 392.345.

(c) After the conclusion of any administrative appeal pursuant to NRS 392.345 or the expiration of the time period prescribed by that section for requesting an administrative appeal, whichever is later, report to the Central Registry:

(1) Identifying and demographic information on the child who is the subject of the report, the parents of the child, any other person responsible for the welfare of the child and the person allegedly responsible for the conduct alleged in the report;

(2) The facts of the alleged conduct, including the date and type of alleged conduct, a description of the alleged conduct, the severity of any injuries and, if applicable, any information concerning the death of the child; and

(3) The disposition of the case.

(d) Provide to the parent or guardian of the child who is the subject of the report:

(1) A written summary of the outcome of the investigation of the allegations in the report which must not identify the person who made the report, any child witnesses to the allegations in the report or any collateral sources and reporting parties; and

(2) A summary of any disciplinary action taken against the person who is named in the report as allegedly causing the abuse or neglect of the child or violating NRS 201.540, 201.553, 201.560, 392.4633 or 394.366 which is known by the agency, including, without limitation, whether the name of such person will be placed in the Central Registry.

3. A parent or guardian who receives information pursuant to paragraph (d) of subsection 2 may disclose the information to an attorney for the child who is the subject of the report or the parent or guardian of the child.

(Added to NRS by 2017, 2088; A 2019, 416; 2021, 793; 2023, 2488)

NRS 392.339 Assignment of disposition to report.

1. An agency which provides child welfare services shall, upon determining that an investigation is not warranted or upon the conclusion of an investigation of a report concerning the possible abuse or neglect of a child, assign one of the following dispositions to the report:

(a) Substantiated.

(b) Unsubstantiated.

(d) Administrative closure.

2. A disposition of unable to locate or contact or administrative closure shall be deemed to be equivalent to a disposition of unsubstantiated for all purposes.

3. As used in this section:

(a) “Administrative closure” means that the agency which provides child welfare services has determined that it lacks the authority to investigate a report concerning the possible abuse or neglect of a child.

(b) “Substantiated” means that the agency which provides child welfare services has determined by a preponderance of the evidence that the alleged abuse or neglect occurred and was committed by the person named in the report as allegedly causing the abuse or neglect.

(c) “Unable to locate or contact” means that the agency which provides child welfare services was unable to complete an investigation of a report concerning the possible abuse or neglect of a child because:

(1) The agency which provides child welfare services lacks the information necessary to complete the investigation, including, without limitation, the current address of the child or his or her parent or legal guardian;

(2) The parent or guardian of the child was contacted and then relocated and can no longer be located to complete the investigation; or

(3) The agency which provides child welfare services located the parent or guardian of the child but, after making persistent efforts, is unable to make contact with the parent or guardian of the child to complete the investigation.

(d) “Unsubstantiated” means that the agency which provides child welfare services has determined by a preponderance of the evidence that the alleged abuse or neglect did not occur or was not committed by the person named in the report as allegedly causing the abuse or neglect.

(Added to NRS by 2021, 792)

NRS 392.345 Administrative appeal of substantiated report; hearing upon timely request; entering name in Central Registry; decision of hearing officer final.

1. A person to whom a written notification is sent pursuant to NRS 392.337 may request an administrative appeal of the substantiation of the report and the agency’s intention to place the person’s name in the Central Registry by submitting a written request to the agency which provides child welfare services within 15 days after the date on which the agency sends the written notification required by NRS 392.337.

2. Except as otherwise provided in subsection 3, if an agency which provides child welfare services receives a timely request for an administrative appeal pursuant to subsection 1, a hearing before a hearing officer must be held in accordance with chapter 233B of NRS.

3. If a timely request for an administrative appeal is not submitted pursuant to subsection 1, the agency which provides child welfare services shall place the person’s name in the Central Registry pursuant to NRS 392.337.

4. If the hearing officer in a hearing held pursuant to this section:

(a) Affirms the substantiation of the report, the agency which provides child welfare services shall place the person’s name in the Central Registry pursuant to NRS 392.337.

(b) Rejects the substantiation of the report, the agency which provides child welfare services shall not place the person’s name in the Central Registry pursuant to NRS 392.337.

5. The decision of a hearing officer in a hearing held pursuant to this section is a final decision for the purposes of judicial review.

(Added to NRS by 2017, 2089)

NRS 392.355 Immunity from liability.

1. Immunity from civil or criminal liability extends to every person who in good faith:

(a) Makes a report pursuant to NRS 392.303;

(b) Conducts an interview or allows an interview to be taken pursuant to NRS 392.313;

(d) Causes a medical test to be performed pursuant to NRS 392.313;

(e) Provides a record, or a copy thereof, of a medical test performed pursuant to NRS 392.313 to an agency which provides child welfare services to the child, a law enforcement agency that participated in the investigation of the report made pursuant to NRS 392.303 or the prosecuting attorney’s office; or

(f) Participates in a judicial proceeding resulting from a report made pursuant to NRS 392.303.

2. In any proceeding to impose liability against a person for:

(a) Making a report pursuant to NRS 392.303; or

(b) Performing any act set forth in paragraphs (b) to (f), inclusive, of subsection 1,

Ê there is a presumption that the person acted in good faith.

(Added to NRS by 2017, 2089)

NRS 392.365 Regulations. The Division of Child and Family Services of the Department of Health and Human Services may, in consultation with each agency which provides child welfare services, adopt any regulations necessary for the administration of NRS 392.275 to 392.365, inclusive.

(Added to NRS by 2017, 2090)

NRS 392.385 Display and promotion of toll-free telephone number for center that receives reports of abuse or neglect of child.

1. The board of trustees of each school district and the governing body of each charter school shall ensure that at least one poster created pursuant to NRS 432B.200 which prominently displays the toll-free telephone number for the center that receives reports of abuse or neglect of a child in this State is posted:

(a) Conspicuously in each public school of the school district or the charter school, as applicable;

(b) In an area that is frequently and easily accessed by pupils; and

2. The board of trustees of each school district and the governing body of each charter school, in addition to the requirements in subsection 1, may promote the toll-free telephone number for the center that receives reports of abuse or neglect of a child in this State through electronic means, including, without limitation, social media. As used in this subsection, “social media” has the meaning ascribed to it in NRS 232.003.

(Added to NRS by 2017, 481)

HEALTH AND SAFETY

1. In each school at which a school nurse is responsible for providing nursing services, the school nurse shall plan for and carry out, or supervise qualified health personnel in carrying out, a separate and careful observation and examination of every child who is regularly enrolled in a grade specified by the board of trustees or superintendent of schools of the school district in accordance with this subsection to determine whether the child has scoliosis, any visual or auditory problem, or any gross physical defect. The grades in which the observations and examinations must be carried out are as follows:

(a) For visual and auditory problems:

(1) Before the completion of the first year of initial enrollment in elementary school;

(2) In at least one additional grade of the elementary schools; and

(3) In one grade of the middle or junior high schools and one grade of the high schools; and

(b) For scoliosis, in at least one grade of schools below the high schools.

Ê Any person other than a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, who performs an observation or examination pursuant to this subsection must be trained by a school nurse to conduct the observation or examination.

2. In addition to the requirements of subsection 1, the board of trustees of each school district in a county whose population is 100,000 or more shall direct school nurses, qualified health personnel employed pursuant to subsection 6, teachers who teach physical education or health or other licensed educational personnel who have completed training in measuring the height and weight of a pupil provided by the school district, to measure the height and weight of a representative sample of pupils who are enrolled in grades 4 and 7 in the schools within the school district. The Division of Public and Behavioral Health of the Department of Health and Human Services, in consultation with the board of trustees of each school district and each local health district, as applicable, shall determine the number of pupils necessary to include in the representative sample. The height and weight of a representative sample of pupils must be measured every other year at the same time other observations or examinations are conducted pursuant to this section.

3. If any child is attending school in a grade above one of the specified grades and has not previously received such an observation and examination, the child must be included in the current schedule for observation and examination. Any child who is newly enrolled in the district must be examined for any medical condition for which children in a lower grade are examined.

4. A special examination for a possible visual or auditory problem must be provided for any child who:

(a) Is enrolled in a special program;

(b) Is repeating a grade;

(d) Shows in any other way that the child may have such a problem.

5. The school authorities shall notify the parent or guardian of any child who is found or believed to have scoliosis, any visual or auditory problem, or any gross physical defect, and shall recommend that appropriate medical attention be secured to correct it. Any written notice provided to the parent or guardian of a child pursuant to this subsection must include, to the extent that information is available, a list of any resources that may be available in the community to provide such medical attention, including, without limitation, resources available at no charge or at a reduced cost. If such a list is provided, the principal, his or her designee, or any employee of the school or the school district is not responsible for providing such resources to the pupil or ensuring that the pupil receives such resources.

6. In any school district in which state, county or district public health services are available or conveniently obtainable, those services may be used to meet the responsibilities assigned under the provisions of this section. The board of trustees of the school district may employ qualified personnel to perform them. Any nursing services provided by such qualified personnel must be performed in compliance with chapter 632 of NRS.

7. The board of trustees of a school district may adopt a policy which encourages the school district and schools within the school district to collaborate with:

(a) Qualified health care providers within the community to perform, or assist in the performance of, the services required by this section; and

(b) Postsecondary educational institutions for qualified students enrolled in such an institution in a health-related program to perform, or assist in the performance of, the services required by this section.

8. Except as otherwise provided in subsection 9, the school authorities shall provide notice to the parent or guardian of a child before performing on the child the examinations required by this section. The notice must inform the parent or guardian of the right to exempt the child from all or part of the examinations. Any child must be exempted from an examination if the child’s parent or guardian files with the teacher a written statement objecting to the examination.

9. The school authorities are not required to provide notice to the parent or guardian of a child before measuring the child’s height or weight pursuant to subsection 2 if it is not practicable to do so.

10. Each school nurse or a designee of a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, shall report the results of the examinations conducted pursuant to this section in each school at which he or she is responsible for providing services to the Chief Medical Officer in the format prescribed by the Chief Medical Officer. Each such report must exclude any identifying information relating to a particular child. The Chief Medical Officer shall compile all such information the Officer receives to monitor the health status of children and shall retain the information.

11. The Division of Public and Behavioral Health of the Department of Health and Human Services shall:

(a) Compile a report relating to each region of this State for which data is collected regarding the height and weight of pupils measured pursuant to subsection 2 and reported to the Chief Medical Officer pursuant to subsection 10;

(b) Publish and disseminate the reports not later than 12 months after receiving the results of the examinations pursuant to subsection 10; and

(c) Submit a copy of the report disseminated pursuant to paragraph (b) to the superintendent of each school district located in a county whose population is 100,000 or more.

[402:32:1956]—(NRS A 1973, 225; 1981, 841; 1991, 1698; 2001, 541; 2007, 1870, 1872; 2009, 1203, 1204, 1857; 2011, 91; 2013, 2041; 2015, 2069; 2017, 1333; 2021, 251)

NRS 392.422 Participation of certain public schools in biennial survey for Youth Risk Behavior Surveillance System; exception; notice; consent.

1. Except as otherwise provided in subsection 2, the board of trustees of each school district and the governing body of each charter school that operates a middle school, junior high school or high school shall ensure that the school district or charter school, as applicable, participates in the biennial survey administered pursuant to the Youth Risk Behavior Surveillance System developed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, or any equivalent or successor system developed by the Centers for Disease Control and Prevention.

2. A public school shall not administer the survey described in subsection 1 to a pupil if:

(a) The pupil is an unemancipated minor and the parent or guardian of the pupil has refused to consent to the administration of the survey pursuant to subsection 5; or

(b) The pupil has refused to participate in the survey pursuant to subsection 5.

3. The board of trustees of a school district or the governing body of a charter school that operates as a middle school, junior high school or high school shall ensure that a form is provided to the parent or guardian of each pupil to whom the survey described in subsection 1 will be administered that allows the parent or guardian to refuse consent to the administration of the survey to the pupil.

4. Before the administration of the survey described in subsection 1 to a pupil, the board of trustees of a school district or the governing body of a charter school shall provide the parent or guardian of the pupil or, if the pupil is an emancipated minor or is at least 18 years of age, the pupil, with an opportunity to review the survey and written notice of:

(a) The manner in which the survey will be administered;

(b) The manner in which the results of the survey will be used; and

5. At any time:

(a) The parent or guardian of a pupil who is an unemancipated minor may refuse to provide consent to the administration of the survey described in subsection 1 by completing and submitting the form described in subsection 3, or any other written refusal of consent, to the principal or other person in charge of the public school in which the pupil is enrolled.

(b) A pupil may refuse to participate in the survey.

(Added to NRS by 2021, 2819)

1. The parent or legal guardian of a pupil who has asthma, anaphylaxis or diabetes may submit a written request to the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled to allow the pupil to self-administer medication for the treatment of the pupil’s asthma, anaphylaxis or diabetes while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus.

2. A public school shall establish protocols for containing blood-borne pathogens and the handling and disposal of needles, medical devices and other medical waste and provide a copy of these protocols and procedures to the parent or guardian of a pupil who requests permission for the pupil to self-administer medication pursuant to subsection 1.

3. A written request made pursuant to subsection 1 must include:

(a) A signed statement of a physician, physician assistant or advanced practice registered nurse indicating that the pupil has asthma, anaphylaxis or diabetes and is capable of self-administration of the medication while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus;

(b) A written treatment plan prepared by the physician, physician assistant or advanced practice registered nurse pursuant to which the pupil will manage his or her asthma, anaphylaxis or diabetes if the pupil experiences an asthmatic attack, anaphylactic shock or diabetic episode while on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus; and

(1) Indicating that the parent or legal guardian grants permission for the pupil to self-administer the medication while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus;

(2) Acknowledging that the parent or legal guardian is aware of and understands the provisions of subsections 4 and 5;

(3) Acknowledging the receipt of the protocols provided pursuant to subsection 2;

(4) Acknowledging that the protocols established pursuant to subsection 2 have been explained to the pupil who will self-administer the medication and that he or she has agreed to comply with the protocols; and

(5) Acknowledging that authorization to self-administer medication pursuant to this section may be revoked if the pupil fails to comply with the protocols established pursuant to subsection 2.

4. The provisions of this section do not create a duty for the board of trustees of the school district, the school district, the public school in which the pupil is enrolled, or an employee or agent thereof, that is in addition to those duties otherwise required in the course of service or employment.

5. If a pupil is granted authorization pursuant to this section to self-administer medication, the board of trustees of the school district, the school district and the public school in which the pupil is enrolled, and any employee or agent thereof, are immune from liability for the injury to or death of:

(a) The pupil as a result of self-administration of a medication pursuant to this section or the failure of the pupil to self-administer such a medication; and

(b) Any other person as a result of exposure to or injury caused by needles, medical devices or other medical waste from the self-administration of medication by a pupil pursuant to this section.

6. Upon receipt of a request that complies with subsection 3, the principal or, if applicable, the school nurse of the public school in which a pupil is enrolled shall provide written authorization for the pupil to carry and self-administer medication to treat his or her asthma, anaphylaxis or diabetes while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus. The written authorization must be filed with the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled and must include:

(a) The name and purpose of the medication which the pupil is authorized to self-administer;

(b) The prescribed dosage and the duration of the prescription;

(d) The side effects that may occur from an administration of the medication;

(e) The name and telephone number of the pupil’s physician, physician assistant or advanced practice registered nurse and the name and telephone number of the person to contact in the case of a medical emergency concerning the pupil; and

(f) The procedures for the handling and disposal of needles, medical devices and other medical waste.

7. The written authorization provided pursuant to subsection 6 is valid for 1 school year. If a parent or legal guardian submits a written request that complies with subsection 3, the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled shall renew and, if necessary, revise the written authorization.

8. If a parent or legal guardian of a pupil who is authorized pursuant to this section to carry medication on his or her person provides to the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled doses of the medication in addition to the dosage that the pupil carries on his or her person, the principal or, if applicable, the school nurse shall ensure that the additional medication is:

(a) Stored on the premises of the public school in a location that is secure; and

(b) Readily available if the pupil experiences an asthmatic attack, anaphylactic shock or diabetic episode during school hours.

9. As used in this section:

(a) “Advanced practice registered nurse” means a registered nurse who holds a valid license as an advanced practice registered nurse issued by the State Board of Nursing pursuant to NRS 632.237.

(b) “Medication” means any medicine prescribed by a physician, physician assistant or advanced practice registered nurse for the treatment of anaphylaxis, asthma or diabetes, including, without limitation, asthma inhalers, auto-injectable epinephrine and insulin.

(c) “Physician” means a person who is licensed to practice medicine pursuant to chapter 630 of NRS or osteopathic medicine pursuant to chapter 633 of NRS.

(d) “Physician assistant” means a person who is licensed as a physician assistant pursuant to chapter 630 or 633 or NRS.

(e) “Self-administer” means the auto-administration of a medication pursuant to the prescription for the medication or written directions for such a medication.

(Added to NRS by 2005, 85; A 2015, 524; 2017, 1743; 2019, 138)

NRS 392.430 Sanitation and prevention of diseases: Authority of board of trustees of school districts and governing bodies of charter schools.

1. Except as otherwise provided in subsection 2, the board of trustees of a school district may:

(a) Adopt and enforce regulations that are necessary for sanitation in the public schools and for the prevention of the spread of contagious and infectious diseases therein.

(b) Spend money available in the school district to enforce the regulations among indigent children.

2. The governing body of a charter school may:

(a) Adopt and enforce rules that are necessary for sanitation in the charter school and for the prevention of contagious and infectious diseases; and

(b) Spend money to enforce the rules among indigent children.

[403:32:1956]—(NRS A 1997, 1875)

1. Unless excused because of religious belief or medical condition and except as otherwise provided in subsection 5, a child may not be enrolled in a public school within this State unless the child’s parents or guardian submit to the board of trustees of the school district in which the child resides or the governing body of the charter school in which the child has been accepted for enrollment a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:

(a) Diphtheria;

(b) Tetanus;

(d) Poliomyelitis;

(e) Rubella;

(f) Rubeola; and

(g) Such other diseases as the local board of health or the State Board of Health may determine.

2. The certificate must show that the required vaccines and boosters were given and must bear the signature of a licensed physician or the physician’s designee or a registered nurse or the nurse’s designee, attesting that the certificate accurately reflects the child’s record of immunization.

3. If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.

4. A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officers within 90 school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.097 to 432.130, inclusive, and chapter 432B of NRS.

5. A child who transfers to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the child must be enrolled in school in this State regardless of whether the child has been immunized. Unless a different time frame is prescribed pursuant to NRS 388F.010, the parent or legal guardian shall submit a certificate from a physician or local health officer showing that the child:

(a) If the requirements of subsection 1 can be met with one visit to a physician or clinic, has been fully immunized within 30 school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the child was enrolled; or

(b) If the requirements of subsection 1 cannot be met with one visit to a physician or clinic, is receiving the required immunizations within 30 school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the child was enrolled. A certificate from the physician or local health officer showing that the child has been fully immunized must be submitted to the appropriate school officers within 120 school days, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, after the child was enrolled.

Ê If the parent or legal guardian fails to submit the documentation required pursuant to this subsection, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.097 to 432.130, inclusive, and chapter 432B of NRS.

6. Before December 31 of each year, each school district and the governing body of each charter school shall report to the Division of Public and Behavioral Health of the Department of Health and Human Services, on a form furnished by the Division, the exact number of pupils who have completed the immunizations required by this section.

7. The certificate of immunization must be included in the pupil’s academic or cumulative record and transferred as part of that record upon request.

(Added to NRS by 1971, 1040; A 1973, 267; 1975, 1324; 1979, 314; 1985, 1400; 1987, 1334; 1995, 807; 1997, 1876; 2003, 3218; 2009, 2623)

NRS 392.437 Immunization of pupils: Exemption if prohibited by religious belief. A public school shall not refuse to enroll a child as a pupil because the child has not been immunized pursuant to NRS 392.435 if the parents or guardian of the child has submitted to the board of trustees of the school district or the governing body of a charter school in which the child has been accepted for enrollment a written statement indicating that their religious belief prohibits immunization of such child.

(Added to NRS by 1971, 1040; A 1997, 1876)

NRS 392.439 Immunization of pupils: Exemption if prevented by medical condition. If the medical condition of a child will not permit the child to be immunized to the extent required by NRS 392.435 and a written statement of this fact is signed by a licensed physician or advanced practice registered nurse and by the parents or guardian of the child, the board of trustees of the school district or governing body of the charter school in which the child has been accepted for enrollment shall exempt the child from all or part of the provisions of NRS 392.435, as the case may be, for enrollment purposes.

(Added to NRS by 1971, 1040; A 1997, 1877; 2017, 1745)

NRS 392.443 Immunization of pupils: Additional requirements imposed after enrollment; additional certificate required. If, after a child has been enrolled in a public school and before registration for any subsequent school year additional immunization requirements are provided by law, the child’s parents or guardian shall submit an additional certificate or certificates to the board of trustees or the governing body of the charter school in which the child is enrolled stating that the child has met the new immunization requirements.

(Added to NRS by 1971, 1041; A 1997, 1877)

NRS 392.446 Immunization of pupils: Protection of child exempt from immunization if dangerous disease exists in school. Whenever the State Board of Health or a local board of health determines that there is a dangerous contagious disease in a public school attended by a child for whom exemption from immunization is claimed pursuant to the provisions of NRS 392.437 or 392.439, the board of trustees of the school district or the governing body of the charter school in which the child is enrolled shall require either:

1. That the child be immunized; or

2. That the child remain outside the school environment and the local health officer be notified.

(Added to NRS by 1979, 314; A 1997, 1877)

NRS 392.448 Immunization of pupils: Penalty for refusal to remove child from school when required by law. Any parent or guardian who refuses to remove his or her child from the public school in which the child is enrolled when retention in school is prohibited under the provisions of NRS 392.435, 392.443 or 392.446 is guilty of a misdemeanor.

(Added to NRS by 1979, 314)

NRS 392.450 Drills to instruct pupils in appropriate procedures to be followed in event of lockdown or emergency; approval of drills; posting of escape routes; enforcement; penalty.

1. The board of trustees of each school district and the governing body of each charter school shall provide drills for the pupils in the schools in the school district or the charter schools at least once each month during the school year to instruct those pupils in the appropriate procedures to be followed in the event of a lockdown, fire or other emergency. Not more than three of the drills provided pursuant to this subsection may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters. At least one-half of the drills provided pursuant to this subsection must include instruction in appropriate procedures to be followed in the event of a lockdown.

2. In all cities or towns, the drills required by subsection 1 must be approved by the chief of the fire department of the city or town, if the city or town has a regularly organized, paid fire department or voluntary fire department, and must be conducted in accordance with any applicable fire code and any direction from the State Fire Marshal. In addition, the drills in each school must be conducted under the supervision of the:

(a) Person designated for this purpose by the board of trustees of the school district or the governing body of a charter school in a county whose population is less than 100,000; or

(b) Emergency manager designated pursuant to NRS 388.262 in a county whose population is 100,000 or more.

3. A diagram of the approved escape route and any other information related to the drills required by subsection 1 which is approved by the chief of the fire department or, if there is no fire department, the State Fire Marshal must be kept posted in every classroom of every public school by the principal or teacher in charge thereof.

4. The principal, teacher or other person in charge of each school building shall:

(a) Cause the provisions of this section to be enforced; and

(b) Ensure the drills provided pursuant to subsection 1 occur at different times during normal school hours.

5. Any violation of the provisions of this section is a misdemeanor.

6. As used in this section, “lockdown” has the meaning ascribed to it in NRS 388.2343.

[405:32:1956]—(NRS A 1971, 152; 1993, 112; 1997, 1877; 2001, 1329; 2017, 2732; 2019, 3250)

1. For those competitive sports not governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS, the board of trustees of each school district shall adopt a policy concerning the prevention and treatment of injuries to the head which may occur during a pupil’s participation in competitive sports within the school district, including, without limitation, a concussion of the brain. To the extent practicable, the policy must be consistent with the policy adopted by the Nevada Interscholastic Activities Association pursuant to NRS 385B.080. The policy must provide information concerning the nature and risk of injuries to the head which may occur during a pupil’s participation in competitive sports, including, without limitation, the risks associated with continuing to participate in competitive sports after sustaining such an injury.

2. The policy adopted pursuant to subsection 1 must require that if a pupil sustains or is suspected of sustaining an injury to the head while participating in competitive sports, the pupil:

(a) Must be immediately removed from the competitive sport; and

(b) May return to the competitive sport if the parent or legal guardian of the pupil provides a signed statement of a provider of health care indicating that the pupil is medically cleared for participation in the competitive sport and the date on which the pupil may return to the competitive sport.

3. Before a pupil participates in competitive sports within a school district, and on an annual basis thereafter, the pupil and his or her parent or legal guardian:

(a) Must be provided with a copy of the policy adopted pursuant to subsection 1; and

(b) Must sign a statement on a form prescribed by the board of trustees acknowledging that the pupil and his or her parent or guardian have read and understand the terms and conditions of the policy.

4. As used in this section, “provider of health care” means a physician or physician assistant licensed under chapter 630 or 633 of NRS, an advanced practice registered nurse licensed under chapter 632 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

(Added to NRS by 2011, 785; A 2019, 141)

1. 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 concerning the prevention and treatment of injuries to the head of a pupil, including, without limitation, a concussion of the brain. The policy must:

(a) Include at least the same or substantially similar provisions as the policies adopted by the Superintendent of Public Instruction pursuant to NRS 385.215 and the Nevada Interscholastic Activities Association pursuant to NRS 385B.080; and

(b) Be modified as necessary to cover all pupils at a school who have or sustain, or are suspected of having or sustaining, an injury to the head, regardless of whether a pupil is at school or participating in an extracurricular activity when the injury or suspected injury occurs.

2. The policy adopted pursuant to subsection 1 must require that if a pupil has or sustains, or is suspected of having or sustaining, an injury to the head while participating in competitive sports, the pupil:

(a) Must be immediately removed from the competitive sport; and

(b) May return to the competitive sport if the parent or legal guardian of the pupil provides a signed statement of a provider of health care acting within his or her scope of practice indicating that the pupil is medically cleared for participation in the competitive sport and the date on which the pupil may return to the competitive sport.

3. Before a pupil participates in competitive sports within a school district or for a charter school or university school for profoundly gifted pupils, and on an annual basis thereafter, the board of trustees of a school district, the governing body of each charter school and the governing body of each university school for profoundly gifted pupils shall ensure that each pupil and his or her parent or legal guardian:

(a) Are provided with a copy of the policy adopted pursuant to subsection 1; and

(b) Sign a statement on a form prescribed by the board of trustees of the school district, governing body of the charter school or the governing body of the university school for profoundly gifted pupils, as applicable, acknowledging that the pupil, if capable, and his or her parent or guardian understand:

(1) That injuries to the head may occur during the participation of a pupil in interscholastic activities and events;

(2) The risks associated with participating in an activity or event in which a pupil may sustain an injury to the head;

(3) The risks associated with continuing to participate in an activity or event after a pupil has sustained an injury to the head; and

(4) That the policy adopted pursuant to subsection 1 and the educational information compiled pursuant to subsection 3 of NRS 385B.080 are available on the Internet website maintained by the school district, charter school or university school for profoundly gifted pupils in which the pupil is enrolled.

4. Upon notification that a pupil enrolled in a public school has sustained or is suspected of having sustained an injury to the head, the board of trustees of a school district, the governing body of each charter school and the governing body of each university school for profoundly gifted pupils, as applicable, shall ensure that the pupil and his or her parent or legal guardian are provided with a printed or electronic copy of the policy adopted pursuant to subsection 1.

5. Each public school, charter school and university school for profoundly gifted pupils shall post the policy adopted pursuant to subsection 1 and the educational information prepared pursuant to subsection 3 of NRS 385B.080 on an Internet website maintained by the school.

6. At least once every 5 years, 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:

(a) Review the policy adopted pursuant to subsection 1; and

(b) Update the policy to reflect current best practices in the prevention and treatment of injuries to the head.

7. Each employee of a public school who supports the academics or health, including, without limitation, mental or physical health, of a pupil who has sustained or is suspected of having sustained an injury to the head must annually complete training regarding the prevention and treatment of injuries to the head, which must include, without limitation, a review of the educational information compiled pursuant to subsection 3 of NRS 385B.080. Each public school shall maintain a record of the training required by this section which is completed by each employee of the public school and provide such a record upon request.

8. As used in this section, “provider of health care” means a physician or physician assistant licensed under chapter 630 or 633 of NRS, an advanced practice registered nurse licensed under chapter 632 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

(Added to NRS by 2011, 785; A 2019, 141; 2023, 1364, effective July 1, 2024)

NRS 392.453 Adoption of policy by school district or charter school concerning safe exposure to sun.

1. The board of trustees of each school district and the governing body of each charter school shall adopt a policy concerning safe exposure to the sun.

2. The policy adopted pursuant to subsection 1 must:

(a) Provide that for the purposes of the policy, sunscreen must not be considered a medication sold over the counter; and

(b) Allow a pupil who participates in an outdoor activity while on the grounds of the public school or the charter school or in an outdoor activity sponsored by the public school or the charter school to:

(1) Wear clothing, which complies with the dress code of the school, if any, designed to protect against exposure to the sun, including, without limitation, a hat; and

(2) Possess and self-administer sunscreen.

3. The policy adopted pursuant to subsection 1 may include teaching pupils enrolled in a public school of the school district or charter school practices for safe exposure to the sun to reduce the risk of skin cancer.

4. For the purposes of this section, “sunscreen” means a topical product:

(a) Applied to the skin; and

(b) Approved by the United States Food and Drug Administration to prevent damage caused from overexposure to the sun.

(Added to NRS by 2019, 546)

NRS 392.455 Devices for protection of eyes required in certain classes.

1. If a school district or a charter school has established a program in career and technical education, the teachers and pupils in classes provided pursuant to the program must wear devices provided by the school district or the charter school which are designed to protect their eyes while they are using power tools, torches or other dangerous equipment or machinery.

2. The teachers and pupils in classes in science must wear devices provided by the school district which are designed to protect their eyes when chemicals or toxic substances are used in those classes.

(Added to NRS by 1989, 185; A 1997, 1878; 2005, 1052)

PARENTAL INVOLVEMENT AND FAMILY ENGAGEMENT

NRS 392.456 Form for use in elementary schools concerning status of pupil and participation of parent; restrictions on use. Repealed. (See chapter 518, Statutes of Nevada 2023, at page 3373.)

NRS 392.457 Adoption of policies by State Board and school districts concerning effective involvement and engagement; annual review of policies.

1. The State Board shall, in consultation with the boards of trustees of school districts, educational personnel, local associations and organizations of parents whose children are enrolled in public schools throughout this State and individual parents and legal guardians whose children are enrolled in public schools throughout this State, adopt a policy to encourage effective involvement and engagement by parents and families in support of their children and the education of their children. The policy adopted by the State Board must be considered when the Board:

(a) Consults with the boards of trustees of school districts in the adoption of policies pursuant to subsection 3; and

(b) Interacts with school districts, public schools, educational personnel, parents, legal guardians and families of pupils, and members of the general public in carrying out its duties pursuant to this title.

2. The policy adopted by the State Board pursuant to subsection 1 must include the following elements and goals:

(a) Promotion of an atmosphere for parents and families to visit the school that their children attend and feel welcome, valued and connected to the staff of the school, other parents and families and to the education of their children.

(b) Promotion of regular, two-way, meaningful communication between parents, families and schools relating to learning by pupils.

(c) Collaboration among parents, families and schools to support learning by pupils and healthy development of pupils at home and school.

(d) Empowerment of parents and families to advocate for their children and the children of other parents and families to ensure that all pupils are treated fairly and have access to learning opportunities that support pupil achievement.

(e) Promotion of an equal partnership between parents, families and schools in making decisions that affect children, parents and families and in informing, influencing and creating school policies, practices and programs.

(f) Collaboration of parents, families and schools with the community to connect pupils, parents, families and schools with learning opportunities, community services and civic participation.

3. The board of trustees of each school district shall, in consultation with the State Board, educational personnel, local associations and organizations of parents whose children are enrolled in public schools of the school district and individual parents and legal guardians whose children are enrolled in public schools of the school district, adopt policies to encourage effective involvement and engagement by parents and families in support of their children and the education of their children. The policies adopted pursuant to this subsection must:

(a) Be consistent, to the extent applicable, with the policy adopted by the State Board pursuant to subsection 1;

(b) Include the elements and goals specified in subsection 2; and

(c) Comply with the parental involvement policy required by the federal Every Student Succeeds Act of 2015, as set forth in 20 U.S.C. § 6318.

4. The State Board and the board of trustees of each school district shall, at least once each year, review and amend their respective policies as necessary.

(Added to NRS by 2001, 978; A 2003, 19th Special Session, 79; 2011, 513, 1985; 2017, 3274)

NRS 392.4575 Educational involvement accords; policy by school districts for development and distribution.

1. The Department shall ensure that all public schools in this State use educational involvement accords that comply with the requirements of this section. The educational involvement accord must comply with the policy:

(a) For parental involvement required by the federal Every Student Succeeds Act of 2015, as set forth in 20 U.S.C. § 6318.

(b) For parental involvement and family engagement adopted by the State Board pursuant to NRS 392.457.

2. Each educational involvement accord must include, without limitation:

(a) A description of how the parent or legal guardian will be involved in the education of the pupil, including, without limitation:

(1) Reading to the pupil, as applicable for the grade or reading level of the pupil;

(2) Reviewing and checking the pupil’s homework; and

(3) Contributing 5 hours of time each school year, including, without limitation, by attending school-related activities, parent-teacher association meetings, parent-teacher conferences, volunteering at the school and chaperoning school-sponsored activities.

(b) The responsibilities of a pupil in a public school, including, without limitation:

(1) Reading each day before or after school, as applicable for the grade or reading level of the pupil;

(2) Using all school equipment and property appropriately and safely;

(3) Following the directions of any adult member of the staff of the school;

(4) Completing and submitting homework in a timely manner; and

(5) Respecting himself or herself, others and all property.

(c) The responsibilities of a public school and the administrators, teachers and other personnel employed at a school, including, without limitation:

(1) Ensuring that each pupil is provided proper instruction, supervision and interaction;

(2) Maximizing the educational and social experience of each pupil;

(3) Carrying out the professional responsibility of educators to seek the best interest of each pupil; and

(4) Making staff available to the parents and legal guardians of pupils to discuss the concerns of parents and legal guardians regarding the pupils.

3. Each educational involvement accord must be accompanied by, without limitation:

(a) Information describing how the parent or legal guardian may contact the pupil’s teacher and the principal of the school in which the pupil is enrolled;

(b) The curriculum of the course or standards for the grade in which the pupil is enrolled, as applicable, including, without limitation, a calendar that indicates the dates of major examinations and the due dates of significant projects, if those dates are known by the teacher at the time that the information is distributed;

(d) Directions for finding resource materials for the course or grade in which the pupil is enrolled, as applicable;

(e) Suggestions for parents and legal guardians to assist pupils in their schoolwork at home;

(f) The dates of scheduled conferences between teachers or administrators and the parents or legal guardians of the pupil;

(g) The manner in which reports of the pupil’s progress will be delivered to the parent or legal guardian and how a parent or legal guardian may request a report of progress;

(h) The classroom rules and policies;

(i) The dress code of the school, if any;

(j) The availability of assistance to parents who have limited proficiency in the English language;

(k) Information describing the availability of free and reduced-price meals, including, without limitation, information regarding school breakfast, school lunch and summer meal programs;

(l) Opportunities for parents and legal guardians to become involved in the education of their children and to volunteer for the school or class; and

(m) The code of honor relating to cheating prescribed pursuant to NRS 392.461.

4. The board of trustees of each school district shall adopt a policy providing for the development and distribution of the educational involvement accord. The policy adopted by a board of trustees must require each classroom teacher to:

(a) Distribute the educational involvement accord to the parent or legal guardian of each pupil in the teacher’s class at the beginning of each school year or upon a pupil’s enrollment in the class, as applicable; and

(b) Provide the parent or legal guardian with a reasonable opportunity to sign the educational involvement accord.

(Added to NRS by 2005, 1659; A 2007, 2914; 2009, 2335, 2337; 2011, 1986; 2013, 1935; 2017, 3275; 2023, 3371)

NRS 392.4577 Employer required to grant leave to parent to participate in school conferences and other school-related activities; conditions; exception.

1. Except as otherwise provided in subsection 5, an employer shall grant a parent, guardian or custodian of a child who is enrolled in a public school leave from his or her place of employment for 4 hours per school year, which must be taken in increments of at least 1 hour, to:

(a) Attend parent-teacher conferences;

(b) Attend school-related activities during regular school hours;

(c) Volunteer or otherwise be involved at the school in which his or her child is enrolled during regular school hours; and

(d) Attend school-sponsored events.

Ê The leave must be at a time mutually agreed upon by the employer and the employee.

2. An employer may require:

(a) An employee to provide a written request for the leave at least 5 school days before the leave is taken; and

(b) An employee who takes leave pursuant to this section to provide documentation that during the time of the leave, the employee attended or was otherwise involved at the school or school-related activity for one of the purposes set forth in subsection 1.

3. An employer is not required to pay an employee for any leave taken pursuant to this section.

4. A parent, guardian or custodian must be granted leave in accordance with this section for each child of the parent, guardian or custodian who is enrolled in public school.

5. The provisions of this section do not apply if an employee is afforded pursuant to the provisions of a collective bargaining agreement:

(a) At least 4 hours of leave or more per school year for the purposes set forth in subsection 1 and subject to the same provisions as subsections 2, 3 and 4; and

(b) Substantially similar protections and remedies for violations by the employer as those that are set forth in NRS 392.920.

6. As used in this section, “employer” means any person who has 50 or more employees for each working day in each of 20 or more calendar weeks in the current calendar year.

(Added to NRS by 2009, 1247)

BEHAVIOR AND DISCIPLINE

General Provisions

NRS 392.4601 Definitions. As used in NRS 392.4601 to 392.472, inclusive, unless the context otherwise requires, the words and terms defined in NRS 392.4603, 392.4605 and 392.4607 have the meanings ascribed to them in those sections.

(Added to NRS by 2021, 2329; A 2023, 785)

NRS 392.4603 “Expel” or “expulsion” defined. “Expel” or “expulsion” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled for more than one school semester with the possibility of:

1. Except as otherwise provided in subsection 2, returning to the school in which the pupil is currently enrolled or another public school within the school district after the expulsion; and

2. Enrolling in a program or public school for alternative education for pupils who are expelled or permanently expelled during the period of expulsion.

(Added to NRS by 2021, 2329)

NRS 392.4605 “Pupil with a disability” defined. “Pupil with a disability” has the meaning ascribed to it in NRS 388.417.

(Added to NRS by 2021, 2329)

NRS 392.4607 “Suspend” or “suspension” defined. “Suspend” or “suspension” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled for not more than one school semester.

(Added to NRS by 2021, 2329)

NRS 392.4609 Regulations. The Department shall adopt any regulations necessary to carry out the provisions of NRS 392.4601 to 392.472, inclusive, including, without limitation, regulations which establish timelines for the purposes of subsection 1 of NRS 392.4671.

(Added to NRS by 2021, 924, 2330; A 2023, 785)

NRS 392.461 Code of honor relating to cheating; contents; distribution.

1. The Department shall prescribe by regulation a written policy that establishes a code of honor for pupils relating to cheating on examinations and course work. The policy must be developed in consultation with the boards of trustees of school districts, the governing bodies of charter schools, educational personnel employed by school districts and charter schools, and local associations and organizations of parents whose children are enrolled in public schools throughout this State.

2. The policy must include, without limitation, a definition of cheating that clearly and concisely informs pupils which acts constitute cheating for purposes of the code of honor.

3. On or before July 1 of each year, the Department shall:

(a) Provide a copy of the code of honor to the board of trustees of each school district and the governing body of each charter school.

(b) Review and amend the code of honor as necessary.

4. Copies of the code of honor must be made available for inspection at each public school located within a school district, including, without limitation, each charter school, in an area on the grounds of the school that is open to the public.

5. Each classroom teacher shall:

(a) Distribute the code of honor to each pupil enrolled in the teacher’s class and to the parent or legal guardian of each pupil enrolled in his or her class at the beginning of each school year or upon a pupil’s enrollment in the teacher’s class, as applicable;

(b) Provide the pupil and the parent or legal guardian of the pupil with a reasonable opportunity to sign the code of honor; and

(Added to NRS by 2005, 1661; A 2007, 2916)

NRS 392.462 Collection by public school of data on discipline of pupils. Each public school shall quarterly collect data on the discipline of pupils and the plans developed pursuant to NRS 392.4644. Such data must include, without limitation, the number of expulsions and suspensions of pupils, the number of staff positions in the school that are vacant, the average class size for each grade in the school, the implementation of each plan, the training received by teachers and administrators regarding each plan, the number of placements of pupils in another school and the ratio of pupils to school counselors, school psychologists and school social workers. Such data must be disaggregated into the subgroups of pupils listed in subsection 2 of NRS 385A.250 and the types of offense. The principal of each public school shall:

1. Review the data and take appropriate action;

2. On or before August 1 of each year, report the data to:

(a) The board of trustees of the school district or the governing body of the public school, as applicable;

(b) The superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable;

(d) The Superintendent of Public Instruction; and

(e) The Department; and

3. To the extent allowed by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, post the data on the Internet website maintained by the public school.

(Added to NRS by 2019, 3571; A 2021, 3560; 2023, 763, 786)

1. Each school district shall adopt a plan to ensure that the public schools within the school district are safe and free of controlled substances. The plan must comply with the Safe and Drug-Free Schools and Communities Act, 20 U.S.C. §§ 7101 et seq.

2. Each school district shall prescribe written rules of behavior required of and prohibited for pupils attending school within their district and shall prescribe appropriate punishments for violations of the rules. If suspension or expulsion is used as a punishment for a violation of the rules, the school district shall follow the procedures in NRS 392.467.

3. A copy of the plan adopted pursuant to subsection 1 and the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments prescribed pursuant to subsection 2 must be distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year. Copies must also be made available for inspection at each school located in that district in an area on the grounds of the school which is open to the public.

(Added to NRS by 1985, 350; A 2003, 19th Special Session, 80)

NRS 392.4633 Corporal punishment prohibited.

1. Corporal punishment must not be administered upon a pupil in any public school.

2. Subsection 1 does not prohibit any person from defending himself or herself if attacked by a pupil.

3. As used in this section, “corporal punishment” means the intentional infliction of physical pain upon or the physical restraint of a pupil for disciplinary purposes. The term does not include the use of reasonable and necessary force:

(a) To quell a disturbance that threatens physical injury to any person or the destruction of property;

(b) To obtain possession of a weapon or other dangerous object within a pupil’s control;

(d) To escort a disruptive pupil who refuses to go voluntarily with the proper authorities.

(Added to NRS by 1960, 60; A 1979, 1616; 1987, 1013; 1993, 2622; 2009, 921; 2017, 2090)

NRS 392.46335 Prohibition against disciplining pupils based on race.

1. A pupil enrolled in a public school may not be disciplined, including, without limitation, pursuant to subsection 5 of NRS 386.855 or NRS 392.466 or 392.467, based on the race of the pupil.

2. As used in this section:

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

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

(Added to NRS by 2021, 1718)

1. A pupil enrolled in kindergarten or grades 1 to 8, inclusive, may not be disciplined, including, without limitation, pursuant to NRS 392.466, for:

(a) Simulating a firearm or dangerous weapon while playing; or

(b) Wearing clothing or accessories that depict a firearm or dangerous weapon or express an opinion regarding a constitutional right to keep and bear arms,

Ê unless it substantially disrupts the educational environment, creates a risk of harm to another person or places another person in reasonable fear of harm.

2. Simulating a firearm or dangerous weapon includes, without limitation:

(a) Brandishing a partially consumed pastry or other food item to simulate a firearm or dangerous weapon;

(b) Possessing a toy firearm or toy dangerous weapon that is 2 inches or less in length;

(d) Using a finger or hand to simulate a firearm or dangerous weapon;

(e) Drawing a picture or possessing an image of a firearm or dangerous weapon; and

(f) Using a pencil, pen or other writing or drawing implement to simulate a firearm or dangerous weapon.

3. The provisions of this section shall not be construed to prohibit a school from establishing and enforcing a policy requiring pupils to wear a school uniform as authorized pursuant to NRS 386.855.

4. As used in this section:

(a) “Dangerous weapon” has the meaning ascribed to it in NRS 392.466.

(b) “Firearm” has the meaning ascribed to it in NRS 392.466.

(Added to NRS by 2015, 2026; A 2019, 3571; 2021, 2330, 3560; 2023, 786)

NRS 392.4635 Policy for prohibition of activities of criminal gangs on school property.

1. The board of trustees of each school district shall establish a policy that prohibits the activities of criminal gangs on school property.

2. The policy established pursuant to subsection 1 may include, without limitation:

(a) The provision of training for the prevention of the activities of criminal gangs on school property.

(b) If the policy includes training:

(1) A designation of the grade levels of the pupils who must receive the training.

(2) A designation of the personnel who must receive the training, including, without limitation, personnel who are employed in schools at the grade levels designated pursuant to subparagraph (1).

Ê The board of trustees of each school district shall ensure that the training is provided to the pupils and personnel designated in the policy.

(1) A pupil from wearing any clothing or carrying any symbol on school property that denotes membership in or an affiliation with a criminal gang; and

(2) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang.

(d) Provisions which provide for the suspension or expulsion pursuant to NRS 392.466 and 392.467 of pupils who violate the policy.

3. The board of trustees of each school district may develop the policy required pursuant to subsection 1 in consultation with:

(a) Local law enforcement agencies;

(b) School police officers, if any;

(d) Organizations which are dedicated to alleviating criminal gangs or assisting members of criminal gangs who wish to disassociate from the gang; and

(e) Any other person deemed necessary by the board of trustees.

4. As used in this section, “criminal gang” has the meaning ascribed to it in NRS 213.1263.

(Added to NRS by 1995, 1426; A 2009, 1195; 2019, 3572)

NRS 392.4636 School transportation policy.

1. The board of trustees of each school district shall adopt a policy for school transportation which includes, without limitation:

(a) Rules regarding the conduct of pupils on school transportation;

(b) Responsibilities for the driver of school transportation and any other staff member on school transportation;

(d) A process for progressive discipline on school transportation which establishes discipline on the basis of the category and number of offenses committed by a pupil. The process for progressive discipline must include, without limitation, provisions relating to notification of the parent or legal guardian of a pupil, a conference involving the pupil, driver and principal and the exclusion of a pupil from school transportation for severe or repeated offenses by the pupil.

2. The plan established pursuant to NRS 392.4644 must include the policy for school transportation adopted by the board of trustees of the school district in which the public school is located pursuant to subsection 1.

3. A pupil must not be removed or otherwise excluded from school transportation provided by a school district or public school during the same trip in which the pupil has engaged in behavior which violates the policy for school transportation adopted pursuant to subsection 1.

(Added to NRS by 2017, 2004)

NRS 392.4637 Policy concerning use and possession of pagers, cellular telephones and other electronic devices.

1. The board of trustees of each school district shall adopt a policy concerning the use and possession by pupils of a pager, cellular telephone or any other similar electronic device used for communication while on the premises of a public school or while at an activity sponsored by a public school.

2. The policy adopted pursuant to subsection 1 must:

(a) Prescribe appropriate measures for disciplining a pupil who violates the policy.

(b) Be included 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 2003, 493)

NRS 392.4638 Board of trustees authorized to adopt policy for pupils to report unlawful activity being conducted on school property, activity sponsored by public school or on school bus.

1. The board of trustees of each school district may adopt a policy that allows a pupil enrolled in a public school within the school district to report, anonymously if the pupil chooses, any unlawful activity which is being conducted on school property, at an activity sponsored by a public school or on a school bus. The policy may include, without limitation:

(a) The types of unlawful activities which a pupil may report; and

(b) The manner in which a pupil may report the unlawful activities.

2. The board of trustees of a school district may work in consultation with a local law enforcement agency or other governmental entity, corporation, business, organization or other entity to assist the board of trustees in the implementation of a policy adopted pursuant to subsection 1.

3. If the board of trustees of a school district adopts a policy pursuant to subsection 1, each public school within the school district shall post prominently in various locations at the school the policy adopted pursuant to subsection 1, which must clearly denote the phone number and any other methods by which a report may be made. If a public school maintains an Internet website for the school, the policy must also be posted on the school’s website.

4. If the board of trustees of a school district adopts a policy pursuant to subsection 1, the board of trustees shall post the policy on the Internet website maintained by the school district.

(Added to NRS by 2011, 648)

NRS 392.464 Adoption and enforcement by trustees of disciplinary measures for pupil in possession of alcoholic beverage or controlled substance on premises of school.

1. The board of trustees of each school district shall adopt and enforce measures for disciplining any pupil who is found in possession of an alcoholic beverage or a controlled substance, while on the premises of any public school in its district.

2. As used in this section, “alcoholic beverage” has the meaning ascribed to it in NRS 202.015.

(Added to NRS by 1985, 1649; A 1987, 482, 1550, 1576)

Temporary Alternative Placement

NRS 392.4642 Definitions. As used in NRS 392.4642 to 392.4648, inclusive, unless the context otherwise requires, the words and terms defined in NRS 392.46425 to 392.46428, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1999, 3185; A 2017, 2004)

NRS 392.46425 “Other premises of a public school” defined. “Other premises of a public school” means any portion of the premises of a public school, including, without limitation, a dining hall, lunch room, gymnasium, stadium, outdoor sports field or court, dormitory, theater or technological center. The term does not include a classroom.

(Added to NRS by 2017, 2003)

NRS 392.46426 “Principal” defined. “Principal” means the principal of a school or the principal’s designee.

(Added to NRS by 2017, 2004)

NRS 392.46427 “School transportation” defined. “School transportation” means a vehicle used by a school district or public school for the transportation of pupils to or from school or any activity that is part of a program of a public school, including, without limitation, a school bus, van or automobile.

(Added to NRS by 2017, 2004)

NRS 392.46428 “Staff member” defined. “Staff member” means a person employed by a school district or public school to supervise any other premises of a public school, an activity that is part of a program of a public school or the transportation provided to pupils by the school district or public school.

(Added to NRS by 2017, 2004)

NRS 392.4643 Actions taken against pupils with disabilities. An action must not be taken pursuant to the provisions of NRS 392.4642 to 392.4648, inclusive, against a pupil with a disability unless the action complies with:

1. The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;

2. The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.;

3. Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq.;

4. Any other federal law applicable to children with disabilities; and

5. The procedural policy adopted by the board of trustees of the school district for such matters.

(Added to NRS by 1999, 3188; A 2017, 2004; 2021, 2330)

1. The superintendent of each school district and the administrative head of each charter school and university school for profoundly gifted pupils shall establish a plan to provide for the progressive discipline of pupils and on-site review of disciplinary decisions. The plan must:

(a) Be developed with the input and participation of teachers, school administrators, school counselors, school social workers, school psychologists, behavior analysts and other educational personnel and support personnel who are employed at the public school, pupils who are enrolled in the public school or schools within the school district, as applicable, and the parents and guardians of pupils who are enrolled in the public school or schools within the school district, as applicable.

(b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.

(c) Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of the public school or each school within the school district, as applicable.

(d) Prescribe methods of alternative conflict resolution and interventions based on social and emotional learning that are developed to avoid the need for the removal of a pupil.

(e) Include provisions that authorize the temporary removal of a pupil from a classroom or other premises of a public school pursuant to NRS 392.4645.

(f) Provide for the placement of a pupil in a more restrictive educational environment at that school or at a different public school or school within the school district, as applicable, in accordance with NRS 392.466.

(g) Include the names of any members of a committee to review the temporary alternative placement of pupils required by NRS 392.4647.

(h) Include consideration of the results of the data collected and reported pursuant to NRS 392.462 and include methods for addressing 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.

(i) Be provided to each school over which the superintendent or administrative head has authority and posted on the Internet website maintained by the public school.

(j) Be in accordance with a plan to use disciplinary practices based on restorative justice developed pursuant to subsection 2, if applicable.

2. The superintendent of a school district shall, in addition to establishing a plan to provide for the progressive discipline of pupils pursuant to subsection 1, establish a plan to use disciplinary practices based on restorative justice. Such a plan must:

(a) Authorize the use of disciplinary practices based on restorative justice which include, without limitation:

(1) Holding a pupil accountable for his or her behavior;

(2) Restoration or remedies related to the behavior of the pupil;

(3) Relief for any victim of the pupil; and

(4) Changing the behavior of the pupil; and

(b) Be in accordance with the statewide framework for restorative justice developed pursuant to NRS 388.1333, including, without limitation, by addressing the occurrences of the suspension, expulsion or removal of pupils from schools that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250.

3. On or before September 15 of each year, the principal of each public school shall:

(a) Review the plan established by subsection 1 in consultation with the teachers, school administrators, school counselors, school social workers, school psychologists, behavior analysts and other educational personnel and support personnel who are employed at the school, the parents and guardians of pupils, the pupils who are enrolled in the school and, if applicable, the organizational team established pursuant to NRS 388G.700;

(b) Determine whether and to what extent the occurrences of the suspension, expulsion or removal of pupils from school disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250; and

(c) Based upon the review, recommend to the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, revisions to the plan, as recommended by the teachers, school administrators, school counselors, school social workers, school psychologists, behavior analysts and other educational personnel and support personnel, the parents and guardians of pupils, the pupils who are enrolled in the school and, if applicable, the organizational team established pursuant to NRS 388G.700, if necessary.

4. On or before September 30 of each year, the superintendent of each school district and the administrative head of each charter school or university school for profoundly gifted pupils shall issue a revised plan that appropriately reflects comments provided by teachers, school administrators, school counselors, school social workers, school psychologists, behavior analysts, other educational personnel and support personnel, the parents and guardians of pupils, the pupils who are enrolled in the school and, if applicable, organizational teams established pursuant to NRS 388G.700.

5. Not more than 14 days after the receipt of a plan established pursuant to subsection 1 or a revised plan issued pursuant to subsection 4, the principal of each school shall:

(a) Post a copy of the plan or the revised plan on the Internet website maintained by the school; and

(b) Distribute to each teacher, school administrator, school counselor, school social worker, school psychologist, behavior analyst and all educational support personnel who are employed at or assigned to the school and, if applicable, the organizational team a written or electronic copy of the plan or the revised plan.

6. On or before November 15 of each year, the board of trustees of each school district and the governing body of each charter school or university school for profoundly gifted pupils shall:

(a) Submit a written report to the Superintendent of Public Instruction that reports the progress of each school over which the board of trustees or governing body has authority in complying with the requirements of this section, including, without limitation, addressing 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

(b) Post a copy of the report on the Internet website maintained by the school district, charter school or university school for profoundly gifted pupils, as applicable.

7. If the Superintendent of Public Instruction determines that the data collected pursuant to NRS 392.462 indicates disproportionality in disciplinary actions or is insufficient to determine whether disproportionality exists, the Superintendent shall issue a written notice to the school district, charter school or university school for profoundly gifted pupils, as applicable, listing the specific areas of concern and providing a specific corrective period for the school district, charter school or university school for profoundly gifted pupils, as applicable, to implement a framework to reduce the disproportionality or correct the insufficiency of the data, as applicable. The specific corrective period must be at least 12 months but not more than 36 months, and must include required monitoring of the progress made by the school district, charter school or university school for profoundly gifted pupils, as applicable. If, after the conclusion of the specific corrective period, the school district, charter school or university school for profoundly gifted pupils, as applicable, fails to:

(a) Make measurable progress in addressing the disproportionality or insufficiency listed in the notice issued pursuant to this subsection; or

(b) Provide the required progress reports,

Ê the Superintendent may issue an alternative plan for the school district, charter school or university school for profoundly gifted pupils, as applicable, for mandatory implementation.

8. As used in this section:

(a) “Behavior analyst” has the meaning ascribed to it in NRS 641D.030.

(b) “Restorative justice” has the meaning ascribed to it in NRS 392.472.

(Added to NRS by 1999, 3185; A 2003, 3382; 2017, 726, 2005; 2019, 3250, 3572; 2021, 3561; 2023, 763, 787, 803)

1. A pupil may be temporarily removed from a classroom or other premises of a public school if, in the judgment of the teacher or other staff member responsible for the classroom or other premises, as applicable, the pupil has engaged in behavior that seriously interferes with the ability of the teacher to teach the other pupils in the classroom and with the ability of the other pupils to learn or with the ability of the staff member to discharge his or her duties. Upon the removal of a pupil from a classroom or any other premises of a public school pursuant to this section, the principal of the school shall provide a written explanation of the reason for the removal of the pupil to the pupil and offer the pupil an opportunity to respond to the explanation. Within 24 hours after the removal of a pupil pursuant to this section, the principal of the school shall notify the parent or legal guardian of the pupil of the removal.

2. Except as otherwise provided in subsection 3, a pupil who is removed from a classroom or any other premises of a public school pursuant to this section may be assigned to a temporary alternative placement pursuant to which the pupil:

(a) Is separated, to the extent practicable, from pupils who are not assigned to a temporary alternative placement;

(b) Studies or remains under the supervision of appropriate personnel of the school district; and

3. The principal shall not assign a pupil to a temporary alternative placement if the suspension or expulsion of a pupil who is removed from the classroom pursuant to this section is:

(a) Required by NRS 392.466; or

(b) Authorized by NRS 392.467 and the principal decides to proceed in accordance with that section.

Ê If the principal proceeds in accordance with NRS 392.466 or 392.467, the pupil must be removed from school in accordance with those sections and the provisions of NRS 392.4642 to 392.4648, inclusive, do not apply to the pupil.

4. A public school must, on or before August 1 of each year, develop or review and revise a plan to offer a pupil, including, without limitation, a pupil who is less than 11 years of age, who is removed from a classroom or any other premises of the public school pursuant to this section or NRS 392.466 for more than 2 school days:

(a) Education services to prevent the pupil from losing academic credit or becoming disengaged from school during the period the pupil is removed from a classroom or any other premises of the public school; and

(b) Appropriate positive behavioral interventions and support, trauma-informed support and a referral to a school social worker or school counselor.

5. A plan developed by a public school pursuant to subsection 4 must include:

(a) An option to provide such education and support services to a pupil in an in-person setting;

(b) The location where such services will be provided to the pupil; and

6. Each public school shall, on or before August 1 of each year, submit the plan that is developed or reviewed and revised pursuant to subsection 4 to:

(a) The board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable;

(b) The State Board; and

7. Upon removing a pupil from a classroom or any other premises of a public school pursuant to this section for more than 1 school day, the principal of the school must contact the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a contact person at a school, including, without limitation, a school counselor or school social worker, to make a determination of whether the pupil is a homeless pupil.

8. Each school district shall, on or before August 1 of each year, collect a representative sample of the plans developed pursuant to subsection 4 and submit a copy of the sampled plans to:

(a) The Joint Interim Standing Committee on Education;

(b) The Department; and

9. The sample of plans that is collected pursuant to subsection 8 must correspond with the proportion of pupils within the school district who are:

(a) Economically disadvantaged;

(b) From major racial and ethnic groups;

(d) English learners;

(e) Migratory children;

(f) Of each gender;

(g) Homeless;

(h) In foster care; and

(i) Pupils whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard.

10. As used in this section, “homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2).

(Added to NRS by 1999, 3185; A 2017, 2006; 2019, 3251; 2021, 3562; 2023, 766, 789)

NRS 392.4646 Removal of pupil: Conference; recommendation of principal.

1. Except as otherwise provided in this section, not later than 3 school days after a pupil is removed from a classroom or any other premises of a public school pursuant to NRS 392.4645, a conference must be held with:

(a) The pupil;

(b) A parent or legal guardian of the pupil, unless the pupil is an unaccompanied pupil;

(d) The teacher or other staff member who removed the pupil.

Ê The principal shall give an oral and written notice of the conference to each person who is required to participate.

2. After receipt of the notice required pursuant to subsection 1, the parent or legal guardian of the pupil may, not later than 3 school days after the removal of the pupil, request that the date of the conference be postponed. The principal shall accommodate such a request. If the date of the conference is postponed pursuant to this subsection, the principal shall send written notice to the parent or legal guardian confirming that the conference has been postponed at the request of the parent or legal guardian.

3. If a parent or legal guardian of a pupil refuses to attend a conference, the principal of the school shall send a written notice to the parent or legal guardian confirming that the parent or legal guardian has waived the right to a conference provided by this section and authorized the principal to recommend the placement of the pupil pursuant to subsection 6.

4. Except as otherwise provided in this subsection, a pupil must not return to the classroom or other premises of the public school from which the pupil was removed before the conference is held. If the conference is not held within 3 school days after the removal of the pupil, the pupil, including, without limitation, an unaccompanied pupil or a pupil in foster care, must be allowed to return to the classroom or other premises unless:

(a) The parent or legal guardian of the pupil refuses to attend the conference;

(b) The failure to hold a conference is attributed to the action or inaction of the pupil, including, without limitation, an unaccompanied pupil or a pupil in foster care, or the parent or legal guardian of the pupil;

(d) If:

(1) In the judgment of the principal, there is a reasonable expectation that the pupil poses a threat to employees of the school or other pupils enrolled at the school; and

(2) The principal has received written authorization from the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, to extend the period for which the pupil is removed from the classroom or other premises of the public school.

5. During the conference, the teacher who removed the pupil from the classroom, the staff member who removed the pupil from the other premises of the public school or the principal shall provide the pupil and, if the pupil is not an unaccompanied pupil, the pupil’s parent or legal guardian with an explanation of the reason for the removal of the pupil from the classroom or other premises. The pupil and, if the pupil is not an unaccompanied pupil, the pupil’s parent or legal guardian must be granted an opportunity to respond to the explanation of the pupil’s behavior and to indicate whether the removal of the pupil from the classroom or other premises was appropriate in their opinion based upon the behavior of the pupil. If the pupil is a homeless pupil, the conference must include consideration of and interventions to mitigate the impact of homelessness on the behavior of the pupil.

6. Upon conclusion of the conference or, if a conference is not held pursuant to subsection 3 not later than 3 school days after the removal of a pupil from a classroom or other premises of a public school or such period as deemed appropriate by the superintendent or administrative head, as applicable, pursuant to paragraph (d) of subsection 4, the principal shall recommend whether to return the pupil to the classroom or other premises or continue the temporary alternative placement of the pupil if the pupil has been assigned to a temporary alternative placement.

7. 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 1999, 3186; A 2017, 2006; 2021, 3563; 2023, 790)

NRS 392.4647 Establishment of committee to review temporary alternative placement of pupils.

1. On or before September 15 of each school year, the principal of each public school shall establish at least one committee to review the temporary alternative placement of pupils. A committee established pursuant to this section must consist of the principal, two regular members who are teachers selected for membership by a majority of the teachers who are employed at the school and one staff member who is selected for membership by a majority of the staff members who are employed at the school. One additional teacher and one additional staff member must be selected in the same manner to serve as an alternate member. A teacher or staff member who has served on the committee for 2 consecutive years or more is not eligible to be selected for membership.

2. If a pupil is removed from the classroom or other premises of a public school pursuant to NRS 392.4645 by a teacher or staff member who is a member of a committee established pursuant to this section, the teacher or staff member shall not participate in the review of the placement of the pupil and the appropriate alternate member shall serve on the committee for that review.

(Added to NRS by 1999, 3187; A 2017, 2007)

NRS 392.4648 Powers and duties of committee to review temporary alternative placement of pupils; principal to report to school district when committee convened; submission of compiled reports.

1. If the teacher or other staff member who removed a pupil from the classroom or other premises of a public school does not agree with the recommendation of the principal pursuant to subsection 6 of NRS 392.4646, the principal shall continue the temporary alternative placement of the pupil and shall immediately convene a meeting of the committee created pursuant to NRS 392.4647. The principal shall inform the parent or legal guardian of the pupil that the committee will be conducting a meeting. The committee shall review the circumstances of the pupil’s removal from the classroom or other premises of the public school and the pupil’s behavior that caused the pupil to be removed from the classroom or other premises. Based upon its review, the committee shall assess the best placement available for the pupil and shall, without limitation:

(a) Direct that the pupil be returned to the classroom or other premises from which he or she was removed;

(b) Assign the pupil to another appropriate classroom or other premises;

(d) Recommend the suspension or expulsion of the pupil in accordance with NRS 392.467; or

(e) Take any other appropriate disciplinary action against the pupil that the committee deems necessary.

2. A principal shall report to the school district each time a committee created pursuant to NRS 392.4647 is convened and, upon the conclusion of the committee’s review of a placement, shall supplement the report with the result of the assessment of the committee.

3. Each school district shall compile the reports submitted to the school district pursuant to subsection 2 and, on or before July 1 of each year, submit an annual report to the Joint Interim Standing Committee on Education containing such information for all schools located in the school district.

(Added to NRS by 1999, 3187; A 2017, 2008)

Habitual Disciplinary Problem; Suspension and Expulsion

1. Except as otherwise provided in this section, a principal of a school shall deem a pupil who is at least 11 years of age and enrolled in the school a habitual disciplinary problem if the school has written evidence which documents that in 1 school year:

(a) The pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or other personnel employed by the school two or more times or the pupil has a record of five significant suspensions from the school for any reason;

(b) The school has made reasonable efforts to develop a plan of behavior pursuant to subsection 5 and the pupil has not made efforts to enter into or participate in such a plan of behavior;

(c) The homelessness of the pupil was not a factor in his or her behavior, as determined in consultation with the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a contact person at a school, including, without limitation, a school counselor or school social worker; and

(d) The placement in foster care of the pupil was not a factor in his or her behavior, as determined in consultation with a contact person at the school, including, without limitation, a school counselor or school social worker.

2. At least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of the school deem a pupil a habitual disciplinary problem. Upon such a request, the principal of the school shall meet with each teacher who made the request to review the pupil’s record of discipline. If, after the review, the principal of the school determines that the provisions of subsection 1 do not apply to the pupil, a teacher who submitted a request pursuant to this subsection may appeal that determination to the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable. Upon receipt of such a request, the superintendent or administrative head shall review the initial request and determination pursuant to the procedure established by the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable, for such matters.

3. If a pupil is suspended, the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil that contains:

(a) A description of the act committed by the pupil and the date on which the act was committed;

(b) An explanation that if the pupil receives five significant suspensions on his or her record during the current school year and has not entered into and participated in a plan of behavior pursuant to subsection 5, the pupil will be deemed a habitual disciplinary problem;

(c) An explanation that, pursuant to subsection 8 of NRS 392.466, a pupil who is deemed a habitual disciplinary problem may be:

(1) Suspended from school; or

(2) Expelled from school under extraordinary circumstances as determined by the principal of the school;

(d) If the pupil is a pupil with a disability, an explanation of the effect of subsection 12 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is not a manifestation of the pupil’s disability, he or she may be suspended or expelled from school in the same manner as a pupil without a disability; and

(e) A summary of the provisions of subsection 5.

4. A school shall provide the notice required by subsection 3 for each suspension on the record of a pupil during a school year. Such notice must be provided at least 7 days before the school deems the pupil a habitual disciplinary problem.

5. If a pupil, including, without limitation, a pupil who is less than 11 years of age, is suspended, the school in which the pupil is enrolled shall develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. The parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil may choose for the pupil not to participate in the plan of behavior. If the parent or legal guardian of the pupil or the pupil chooses for the pupil not to participate, the school shall inform the parent or legal guardian or the pupil of the consequences of not participating in the plan of behavior. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation:

(a) A plan for graduating if the pupil is deficient in credits and not likely to graduate according to schedule.

(b) Information regarding schools with a mission to serve pupils who have been:

(1) Expelled or suspended from a public school, including, without limitation, a charter school; or

(2) Deemed to be a habitual disciplinary problem pursuant to this section.

(d) A voluntary agreement by the pupil and, if the pupil is not an unaccompanied pupil, the pupil’s parent or legal guardian to attend counseling, programs or services available in the school, school district or community.

(e) A voluntary agreement by the pupil and, if the pupil is not an unaccompanied pupil, the pupil’s parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school or school district.

6. If a pupil commits the same act for which notice was provided pursuant to subsection 3 after he or she enters into a plan of behavior pursuant to subsection 5, the pupil shall be deemed to have not successfully completed the plan of behavior and may be deemed a habitual disciplinary problem.

7. A pupil may, pursuant to the provisions of this section, enter into one plan of behavior per school year.

8. The parent or legal guardian of a pupil or, if the pupil is an unaccompanied pupil, a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal to the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, a determination made by the school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, shall review the determination in accordance with the procedure established by the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable, for such matters.

9. As used in this section:

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

(b) “Significant suspension” means the school in which the pupil is enrolled:

(1) Prohibits the pupil from attending school for 3 or more consecutive days; and

(2) Requires a conference or some other form of communication with the parent or legal guardian of the pupil before the pupil is allowed to return to school.

(Added to NRS by 1997, 2489; A 1999, 2110; 2015, 424, 2034; 2019, 3573; 2021, 2331, 3564; 2023, 768, 791)

1. Except as otherwise provided in this section, any pupil who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus shall meet with the school and his or her parent or legal guardian. The school shall provide a plan of action based on restorative justice to the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil. The pupil may be suspended, expelled or permanently expelled from the school, except that:

(a) A pupil who is less than 11 years of age may not be expelled or permanently expelled pursuant to this subsection.

(b) A pupil who is less than 6 years of age may be suspended pursuant to this subsection, and the suspension must be reviewed and approved by the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, or his or her designee.

(c) For a pupil with a disability who has been suspended or expelled pursuant to this subsection, the school in which the pupil is enrolled shall make available to the pupil a free appropriate public education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., for each school day the pupil is suspended or expelled after the pupil has been removed for 10 cumulative days.

2. Except as otherwise provided in this section, any pupil who commits a battery against an employee of the school while on the premises of any public school, at an activity sponsored by a public school or on any school bus shall meet with the school and his or her parent or legal guardian. The school shall provide a plan of action based on restorative justice to the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil. The pupil may be suspended, expelled or permanently expelled from the school, except that:

(a) A pupil who is less than 8 years of age may not be expelled or permanently expelled pursuant to this subsection.

3. Except as otherwise provided in this section, any pupil who commits a battery which is intended to result in the bodily injury of an employee of the school while on the premises of any public school, at an activity sponsored by a public school or on any school bus shall meet with the school and his or her parent or legal guardian. The school shall provide a plan of action based on restorative justice to the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil. The pupil must be suspended, expelled or permanently expelled from the school, except that:

(a) A pupil who is less than 8 years of age may not be expelled or permanently expelled pursuant to this subsection.

4. An employee who is a victim of a battery which is intended to result in the bodily injury of an employee of the school may appeal to the school a plan of action provided pursuant to subsection 3 if:

(a) The employee feels any actions taken pursuant to such plan are inappropriate; and

(b) For a pupil with a disability who committed the battery, the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable, or its designee has reviewed the circumstances and determined that such an appeal is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

5. Except as otherwise provided in this section, any pupil, including, without limitation, a pupil with a disability, who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is found in possession of a dangerous weapon other than a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus may be removed from the public school immediately upon being given an explanation of the reasons for the removal of the pupil and pending proceedings, which must be conducted as soon as practicable after removal, for his or her suspension, expulsion or permanent expulsion, except that:

(a) A pupil who is less than 11 years of age may not be expelled or permanently expelled pursuant to this subsection.

(b) A pupil who is less than 6 years of age may be suspended pursuant to this subsection only after the suspension is reviewed and approved by the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, or his or her designee.

(c) For a pupil with a disability who has been suspended or expelled pursuant to this subsection, the public school in which the pupil is enrolled shall make available to the pupil a free appropriate public education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., for each school day the pupil is suspended or expelled after the pupil has been removed for 10 cumulative days.

6. Except as otherwise provided in this section, any pupil, including, without limitation, a pupil with a disability, who is found in possession of a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must be removed from the public school immediately upon being given an explanation of the reasons for the removal of the pupil and pending proceedings, which must be conducted as soon as practicable after removal, for his or her suspension, expulsion or permanent expulsion. A pupil who is:

(a) Eleven years of age or older shall be suspended, expelled or permanently expelled pursuant to this section.

(b) At least 8 but less than 11 years of age shall be suspended or expelled pursuant to this subsection.

(d) Less than 6 years of age may be suspended pursuant to this subsection only after the suspension is reviewed and approved by the superintendent of the school district or the administrative head of the charter school or university school for profoundly gifted pupils, as applicable, or his or her designee.

(e) A pupil with a disability who has been suspended or expelled pursuant to this subsection must be provided with a free appropriate public education in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., by the public school in which the pupil is enrolled for each school day the pupil is suspended or expelled after the pupil has been removed for 10 cumulative days.

7. If a school is unable to retain a pupil in the school pursuant to subsections 1 to 6, inclusive, for the safety of any person or because doing so would not be in the best interest of the pupil, the pupil may be suspended, expelled or placed in another school. If a pupil, including, without limitation, a pupil who is less than 11 years of age, is placed in another school, the current school of the pupil shall explain what services will be provided to the pupil at the new school that the current school is unable to provide to address the specific needs and behaviors of the pupil. The current school of the pupil shall coordinate with the new school to create a plan of action based on restorative justice for the pupil and to ensure that any resources required to execute the plan of action based on restorative justice are available at the new school.

8. Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655 and the school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil, based on the seriousness of the acts which were the basis for the discipline, the pupil may be:

(a) Suspended from the school; or

(b) Expelled from the school under extraordinary circumstances as determined by the principal of the school.

9. If the pupil is expelled, or the period of the pupil’s suspension is for one school semester, the pupil must:

(a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled;

(b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program; or

(c) Enroll in a program of alternative education provided by the school district in which the pupil resides. Each school district shall, alone or through a partnership with another school district, provide a program of alternative education pursuant to this paragraph in an in-person setting that allows each pupil enrolled in the program to receive educational services in the least restrictive educational environment.

10. The superintendent of schools of a school district or the administrative head of a charter school or university school for profoundly gifted pupils, as applicable, may, for good cause shown in a particular case in that school district or public school, as applicable, allow a modification to a suspension or expulsion pursuant to subsections 1 to 8, inclusive, if such modification is set forth in writing. The superintendent or the administrative head of a charter school or university school for profoundly gifted pupils, as applicable, shall allow such a modification if he or she determines that a plan of action based on restorative justice may be used successfully.

11. This section does not prohibit a pupil from having in his or her possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable.

12. Except as otherwise provided in subsection 5 or 6, a pupil with a disability who is at least 11 years of age may, in accordance with the procedural policy adopted by the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable, for such matters and only after the board of trustees of the school district or governing body, as applicable, or its designee has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

(a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

(b) Expelled from school pursuant to this section.

13. A homeless pupil or a pupil in foster care may be suspended from school pursuant to this section for not more than 5 days if, following a review of all available information, the principal determines that the conduct of the pupil poses an ongoing threat to the pupil or other persons at the school and if a determination is made that homelessness or being in foster care was not a factor in the behavior that led to the consideration for suspension or expulsion. The person responsible for making a determination of whether or not homelessness or being in foster care was a factor in the behavior shall presume that homelessness or being in foster care was not a factor in the behavior unless the person determines otherwise pursuant to this subsection. A determination that homelessness was not a factor in the behavior must be made in consultation with the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a contact person at a school, including, without limitation, a school counselor or school social worker. A determination that being in foster care was not a factor in the behavior must be made in consultation with an advocate for pupils in foster care at the school in which the pupil is enrolled or the school counselor of the pupil.

14. The principal of a public school may, at his or her discretion, reduce or eliminate the period of suspension, convert an expulsion to a suspension or otherwise reduce, eliminate or alter a disciplinary action imposed upon a pupil who commits a battery which results in the bodily injury of an employee of the school.

15. The principal of a public school may reduce the period of suspension or convert an expulsion to a suspension for a pupil who distributes a controlled substance while on the premises of a public school, at an activity sponsored by a public school or on a school bus if:

(a) The pupil is less than 11 years of age;

(b) The pupil has not engaged in such proscribed conduct before; and

(c) After a thorough review of the facts and circumstances, the principal determines that the pupil did not know that the substance being distributed was a controlled substance.

16. The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such hearings or proceedings must be closed to the public.

17. As used in this section:

(a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

(b) “Bodily injury” means any actual damage or injury to a person that interferes with or is detrimental to the health of the person and is more than merely accidental, transient or trifling in nature.

(c) “Dangerous weapon” includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, a switchblade knife as defined in NRS 202.265, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

(d) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

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

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

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

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

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

(h) “Restorative justice” has the meaning ascribed to it in NRS 392.472.

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

18. The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupil’s suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

(Added to NRS by 1985, 1648; A 1987, 1550; 1989, 429; 1991, 628, 1364; 1993, 2161; 1995, 2710; 1997, 2489; 1999, 2113, 3317; 2001, 1022; 2003, 19th Special Session, 81; 2005, 1539; 2007, 1997, 3038; 2009, 756; 2015, 426, 1589, 1846, 2037; 2019, 3291, 3575; 2021, 924, 2333, 3566; 2023, 770, 794)

NRS 392.467 Suspension or expulsion of pupil: Procedure; limitations.

1. Except as otherwise provided in subsections 5 and 6 and NRS 392.466, 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, or its designee may authorize the suspension or expulsion of any pupil who is at least 11 years of age from a public school. Except as otherwise provided in this subsection and subsections 5 and 6 of NRS 392.466, a pupil who is at least 6 years of age but less than 11 years of age must not be expelled or permanently expelled from school. In extraordinary circumstances, a school may request an exception to the prohibition set forth in this subsection against expelling or permanently expelling a pupil who is less than 11 years of age from school from the board of trustees of the school district or the governing body of the charter school or university school, as applicable.

2. A pupil who is less than 6 years of age must not be permanently expelled from school.

3. Except as otherwise provided in subsection 6, no pupil may be suspended or expelled until the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity to schedule a hearing, except that a pupil who:

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

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

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

Ê may be removed from the school immediately upon being given an explanation of the reasons for his or her removal and pending proceedings, to be conducted as soon as practicable after removal, for the pupil’s suspension or expulsion.

4. The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such hearings or proceedings must be closed to the public.

5. 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, or its designee shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely for offenses related to attendance or because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.

6. A pupil with a disability may, in accordance with the procedural policy adopted by the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable, for such matters and only after an administrative review of the circumstances and a determination that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

(a) Suspended from school pursuant to this section for not more than 10 days for each occurrence of proscribed conduct.

(b) Expelled from school pursuant to this section.

7. A homeless pupil or a pupil in foster care may be suspended from school pursuant to this section for not more than 5 days if, following a review of all available information, the principal determines that the conduct of the pupil poses an ongoing threat to the pupil or other persons at the school and if a determination is made that homelessness or being in foster care was not a factor in the behavior that led to the consideration for suspension or expulsion. The person responsible for making a determination of whether or not homelessness or being in foster care was a factor in the behavior shall presume that homelessness or being in foster care was not a factor in the behavior unless the person determines otherwise pursuant to this subsection. A determination that homelessness was not a factor in the behavior must be made in consultation with the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a contact person at a school, including, without limitation, a school counselor or school social worker. A determination that being in foster care was not a factor in the behavior must be made in consultation with an advocate for pupils in foster care at the school in which the pupil is enrolled or the school counselor of the pupil.

8. 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).

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

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

[362:32:1956]—(NRS A 1959, 808; 1967, 457; 1975, 1471; 1977, 609; 1985, 1649; 1989, 73; 1991, 1365; 1993, 2162; 2009, 758; 2019, 3578; 2021, 2335, 3569; 2023, 775, 799)

NRS 392.4671 Significant suspension, expulsion or permanent expulsion of pupil: Appeals.

1. The board of trustees of each school district and the governing body of each charter school or university school for profoundly gifted pupils, as applicable, shall adopt a policy for appealing the significant suspension, expulsion or permanent expulsion of a pupil enrolled in the school district, charter school or university school, as applicable. The policy must provide, without limitation, that:

(a) The board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, may authorize the significant suspension, expulsion or permanent expulsion of a pupil within the timeline established by the Department pursuant to NRS 392.4609;

(b) Within the timeline established by the Department pursuant to NRS 392.4609, the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, shall notify the pupil and, if the pupil is under 18 years of age, the parent or legal guardian of the pupil who is given a significant suspension, expelled or permanently expelled of:

(1) The significant suspension, expulsion or permanent expulsion;

(2) The right to appeal the significant suspension, expulsion or permanent expulsion; and

(3) Information on the appeal policy adopted by the board of trustees of the school district or the governing body of the charter school or university school, as applicable;

(c) A pupil or, if the pupil is under 18 years of age, the parent or legal guardian of the pupil, who is given a significant suspension, expelled or permanently expelled may file an appeal with the board of trustees of the school district, the governing body of the charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, within the timeline established by the Department pursuant to NRS 392.4609;

(d) The board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, shall schedule a hearing on an appeal of a significant suspension, expulsion or permanent expulsion of a pupil within the timeline established by the Department pursuant to NRS 392.4609; and

(e) After conducting a hearing pursuant to this subsection, the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, may not increase the initial significant suspension or expulsion of a pupil.

2. The board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, shall post the appeal policy on the Internet website of the school district and each school within the district or of the charter school or university school, as applicable.

3. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such hearings must be closed to the public.

4. As used in this section:

(a) “Permanently expelled” has the meaning ascribed to it in NRS 392.466.

(b) “Significant suspension” has the meaning ascribed to it in NRS 392.4655.

(Added to NRS by 2021, 923; A 2023, 801)

NRS 392.4672 Suspension or expulsion of pupil: Notice of appeal policy. The Department shall, to the extent practicable, provide guidance to the board of trustees of each school district on the appeal policy adopted by the board of trustees of each school district pursuant to NRS 392.4671 in as many languages as possible for the benefit of pupils and parents or legal guardians of pupils.

(Added to NRS by 2021, 924)

NRS 392.4673 Suspended or expelled pupil entitled to appropriate education. [Replaced in revision by NRS 392.4676.]

NRS 392.4674 Notice of policy to appeal suspension or expulsion of pupil; timeline for filing and hearing appeal; placement of and services provided to suspended or expelled pupil.

1. If a pupil is suspended or expelled from a public school, the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils in which the pupil is enrolled or the designee of the board of trustees or governing body, as applicable, shall provide, on the same day that the pupil is suspended or expelled, a notice of the policy for appealing a suspension or expulsion of a pupil adopted by the board of trustees or governing body, as applicable, pursuant to NRS 392.4671, to the pupil and, if the pupil is less than 18 years of age, the parent or legal guardian of the pupil. A notice provided pursuant to this subsection must:

(a) Include information regarding the timelines for appealing the suspension or expulsion, as applicable, pursuant to subsection 2;

(b) Be written clearly and in a manner that allows the pupil and, if the pupil is less than 18 years of age, the parent or legal guardian of the pupil, to understand each provision of the policy; and

2. Not later than 5 school days after receiving notification of the suspension or expulsion of the pupil pursuant to NRS 392.4671, the pupil or, if the pupil is less than 18 years of age, the parent or legal guardian of the pupil may file an appeal pursuant to the policy adopted by the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils, as applicable, pursuant to NRS 392.4671.

3. Not later than 5 school days after receiving notification of an appeal of a suspension or expulsion made pursuant to the policy adopted pursuant to NRS 392.4671, the board of trustees of the school district or the governing body of the charter school or university school for profoundly gifted pupils or the designee of the board of trustees or governing body, as applicable, must schedule a hearing.

4. A pupil who is suspended or expelled or is being considered for suspension or expulsion:

(a) May be considered for temporary alternative placement pursuant to NRS 392.4645 if, in the judgment of the principal after consideration of the seriousness of the acts which were the basis for the discipline of the pupil:

(1) The temporary alternative placement will serve as the least restrictive environment possible, pursuant to NRS 392.4676; and

(2) The pupil does not pose a serious threat to the safety of the school.

(b) Must be provided education services to prevent the pupil from losing academic credit or becoming disengaged from school during the period of suspension or expulsion.

5. As used in this section, “principal” means the lead administrator of a public school, including, without limitation, such an administrator who is referred to by another title.

(Added to NRS by 2023, 784)

1. Except as otherwise provided in this section, a pupil who is suspended or expelled from:

(a) Any public school in this State pursuant to NRS 392.466; or

(b) Any school outside of this State for the commission of any act which, if committed within this State, would be a ground for suspension or expulsion from public school pursuant to NRS 392.466,

Ê is ineligible to attend any public school in this State during the period of that suspension or expulsion.

2. A school district or a charter school, if the charter school offers the applicable program, may allow a pupil who is ineligible to attend a public school pursuant to this section to enroll in:

(a) An alternative program for the education of pupils at risk of dropping out of school provided pursuant to NRS 388.537;

(b) A program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school;

(d) Any program of instruction offered pursuant to the provisions of NRS 388.550; or

(e) A challenge school,

Ê if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable school or program. A school district or charter school may conduct an investigation of the background of any such pupil to determine if the educational needs of the pupil may be satisfied without undue disruption to the school or program. If an investigation is conducted, the board of trustees of the school district or the governing body of the charter school shall, based on the results of the investigation, determine if the pupil will be allowed to enroll in such a school or program.

3. The provisions of subsections 1 and 2 do not prohibit a pupil from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupil’s suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

(Added to NRS by 1993, 2306; A 1997, 2491; 2005, 1541; 2007, 1999; 2019, 1983)

NRS 392.4676 Suspended or expelled pupil entitled to appropriate education. A pupil who is suspended or expelled or is being considered for suspension or expulsion is entitled to receive an appropriate education in the least restrictive environment possible.

(Added to NRS by 2021, 924)—(Substituted in revision for NRS 392.4673)

1. Except as otherwise provided in NRS 392.4645 and 392.466, a public school shall provide a progressive discipline plan based on restorative justice:

(a) To a pupil, including, without limitation, a pupil who is less than 11 years of age, who has received at least 5 cumulative days of suspension during a school year; and

(b) Within 2 days after removing a pupil, including, without limitation, a pupil who is less than 11 years of age, from a classroom or other premises of the public school or suspending or expelling a pupil from school for a period of at least 3 days. Such a plan must include information concerning the provision of education services to the pupil during his or her removal pursuant to subsection 4 of NRS 392.4645.

2. The Department shall develop one or more examples of a progressive discipline plan based on restorative justice which must include, without limitation:

(a) Positive behavioral interventions and support;

(b) A plan for behavioral intervention;

(d) A referral to an individualized education program team to determine:

(1) Whether an individualized education program is needed for the pupil;

(2) Whether an individualized education program, if one has been developed, has been appropriately implemented; and

(3) Whether any adjustments should be made to an individualized education plan that has been developed;

(e) A referral to appropriate community-based services;

(f) A conference with the principal of the school or his or her designee and any other appropriate personnel;

(g) A determination of the need for a referral to a school social worker;

(h) Guidelines for the provision of notice to a pupil to initiate his or her reinstatement; and

(i) A plan for the reinstatement of a pupil who was expelled.

3. The Department, in consultation with the Office for a Safe and Respectful Learning Environment, shall post on its Internet website a guidance document that includes, without limitation:

(a) A description of the statewide framework for restorative justice developed pursuant to NRS 388.1333 and the requirements of this section and NRS 392.462;

(b) One or more models of restorative justice and best practices relating to restorative justice;

(c) A curriculum for professional development relating to restorative justice and references for one or more consultants or presenters qualified to provide additional information or training relating to restorative justice; and

(d) One or more examples of a progressive discipline plan based on restorative justice developed pursuant to subsection 2.

4. A progressive discipline plan based on restorative justice developed pursuant to this section must be made available to any teacher or appropriate personnel of the school district who administers temporary alternative placement after the removal of a pupil.

5. As used in this section:

(a) “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

(b) “Restorative justice” means nonpunitive intervention and support provided by the school to a pupil to improve the behavior of the pupil and remedy any harm caused by the pupil.

(Added to NRS by 2019, 3570; A 2021, 927, 2336, 3570; 2023, 777, 802)

LITERACY REQUIREMENTS

NRS 392.748 “Subject area of reading” defined. [Effective July 1, 2028.] As used in NRS 392.748 to 392.785, inclusive, unless the context otherwise requires, “subject area of reading” includes, without limitation, phonological and phonemic awareness, decoding skills, reading fluency and vocabulary and reading comprehension.

(Added to NRS by 2023, 2198, effective July 1, 2028)

NRS 392.750 Written notice of deficiency in subject area of reading to parent or legal guardian of pupil in elementary school. [Effective through June 30, 2028.] If a pupil enrolled at a public elementary school in kindergarten or grade 1, 2 or 3 or who newly enrolls in a public elementary school exhibits a deficiency in the subject area of reading based upon state or local assessments and the observations of the pupil’s teacher, the principal of the school must provide written notice of the deficiency to the parent or legal guardian of the pupil within 30 days after the date on which the deficiency is discovered. The written notice must, without limitation:

1. Identify the educational programs and services that the pupil will receive to improve the pupil’s proficiency in the subject area of reading, including, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in elementary school that has been approved by the Department pursuant to NRS 388.157;

2. Explain that if the pupil does not achieve adequate proficiency in the subject area of reading before the completion of grade 3, the school will provide the pupil with intervention services and intensive instruction each year that the pupil is enrolled in the elementary school, unless it is determined that such services and instruction are no longer necessary;

3. Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the proficiency of the pupil in the subject area of reading;

4. Explain that the criterion-referenced examination in only the subject area of reading administered pursuant to NRS 390.105 is not the only factor used to determine whether the pupil will be provided intervention services and intensive instruction while the pupil is enrolled in an elementary school;

5. Describe the policy and specific criteria adopted by the board of trustees of the school district or governing body of a charter school, as applicable, pursuant to NRS 392.765 regarding the provision of intervention services and intensive instruction to a pupil enrolled in an elementary school;

6. Include information regarding the English literacy development of a pupil who is an English learner;

7. Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the English literacy of a pupil who is an English learner;

8. To the extent practicable, be provided in a language that the parent or legal guardian can understand;

9. Explain that a plan to monitor the growth of the pupil in the subject area of reading will regularly assess the pupil and the elementary school will provide notice to the parent or legal guardian the status of the growth of the pupil; and

10. Explain that services and the programs provided to the pupil will be adjusted to improve the deficiency in the subject area of reading.

(Added to NRS by 2015, 1862; A 2017, 3277; 2019, 4493)

NRS 392.750 Written notice of deficiency in subject area of reading to parent or legal guardian of pupil in elementary school. [Effective July 1, 2028.] If a pupil enrolled at a public elementary school in kindergarten or grade 1, 2 or 3 or who newly enrolls in a public elementary school exhibits a deficiency in the subject area of reading based upon state or local assessments and the observations of the pupil’s teacher, the principal of the school must provide written notice of the deficiency to the parent or legal guardian of the pupil within 30 days after the date on which the deficiency is discovered. The written notice must, without limitation:

2. Explain that if the pupil does not achieve adequate proficiency in the subject area of reading before the completion of grade 3, the pupil will be retained in grade 3, rather than promoted to grade 4, unless the pupil receives a good-cause exemption pursuant to NRS 392.785, and the school will provide the pupil with intervention services and intensive instruction each year that the pupil is enrolled in the elementary school, unless it is determined that such services and instruction are no longer necessary;

3. Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the proficiency of the pupil in the subject area of reading;

4. Explain that the uniform examination in the subject area of reading administered pursuant to paragraph (a) of subsection 5 of NRS 392.780 is not the only factor used to determine whether the pupil will be retained in grade 3 and that other options are available for the pupil to demonstrate proficiency if the pupil is eligible for a good-cause exemption pursuant to NRS 392.785;

5. Describe the policy and specific criteria adopted by the board of trustees of the school district or governing body of a charter school, as applicable, pursuant to NRS 392.765 regarding:

(a) The provision of intervention services and intensive instruction to a pupil enrolled in an elementary school; and

(b) The promotion of a pupil to grade 4 at any time during the school year if the pupil is retained in grade 3 pursuant to NRS 392.780;

6. Include information regarding the English literacy development of a pupil who is an English learner;

7. Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the English literacy of a pupil who is an English learner;

8. To the extent practicable, be provided in a language that the parent or legal guardian can understand;

10. Explain that services and the programs provided to the pupil will be adjusted to improve the deficiency in the subject area of reading.

(Added to NRS by 2015, 1862; A 2017, 3277; 2019, 4493; 2023, 2201, effective July 1, 2028)

NRS 392.755 Plan to monitor growth of pupil in subject area of reading; school that establishes plan required to assess growth of pupil in subject area of reading.

1. A public elementary school that has notified the parent or legal guardian of a pupil that, based upon the results of state or local assessments, it has been determined that the pupil has a deficiency in the subject area of reading pursuant to NRS 392.750 shall, within 30 days after providing such notice, establish a plan to monitor the growth of the pupil in the subject area of reading.

2. A plan to monitor the growth of a pupil in the subject area of reading must be established by a licensed teacher and any other relevant licensed school personnel and approved by the principal of the school and the parent or legal guardian of the pupil. The plan must include a description of any intervention services and intensive instruction that will be provided to the pupil to correct the area of deficiency and must include that the pupil will receive intensive instruction in reading until the pupil achieves 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 established by the State Board of Education for a pupil enrolled in the same grade in which the pupil is enrolled. Such instruction must include, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in elementary school approved by the Department pursuant to NRS 388.157.

3. A school that establishes a plan to monitor the growth of a pupil in the subject area of reading shall regularly assess the growth of the pupil in any area of deficiency in the subject area of reading to ensure that the programs and services provided to the pupil pursuant to subsection 1 of NRS 392.750 continue to increase the proficiency of the pupil in the subject area of reading until the pupil performs at a level determined by a statewide assessment to be within a level established by the State Board for a pupil enrolled in the same grade in which the pupil is enrolled.

(Added to NRS by 2015, 1862; A 2019, 4494)

NRS 392.760 Provision of school intervention services and intensive instruction to pupil who does not obtain certain score on criterion-referenced examination. [Effective through June 30, 2028.]

(a) Shall ensure that the pupil continues to be provided intervention services and intensive instruction in the subject area of reading for as long as it is determined to be necessary while the pupil is enrolled at the elementary school. Such instruction must include, without limitation, strategies based upon evidence-based research that will improve proficiency in the subject area of reading.

(b) May retain the pupil in grade 3 rather than promote the pupil to grade 4 when authorized pursuant to NRS 392.125.

(Added to NRS by 2015, 1863; A 2017, 3278; 2019, 4494)

1. Except as otherwise provided in this section, an elementary school must provide to a pupil enrolled in the school intervention services and intensive instruction if the pupil does not obtain a score in the subject area of reading on the uniform examination administered pursuant to paragraph (a) of subsection 5 of NRS 392.780 that meets the passing score prescribed by the State Board. The school must provide such services and instruction to a pupil, regardless of whether the pupil is retained in grade 3 pursuant to NRS 392.780 or is not retained in grade 3 because a good-cause exemption was approved pursuant to NRS 392.785.

2. The principal of a school, in consultation with the literacy specialist designated pursuant to NRS 388.159 and any teacher or other person with knowledge and expertise related to providing intervention services and intensive instruction to the pupil shall ensure that the pupil continues to be provided intervention services and intensive instruction in the subject area of reading for as long as it is determined to be necessary while the pupil is enrolled at the elementary school. Such instruction must include, without limitation, strategies based upon evidence-based research that will improve proficiency in the subject area of reading.

3. Each literacy specialist designated pursuant to NRS 388.159 and any teacher or other person with knowledge and expertise relating to providing intervention services and intensive instruction to a pupil in the subject area of reading shall, in addition to any other duties or responsibilities assigned to him or her, provide intervention services and intensive instruction directly to pupils who do not obtain a score in the subject area of reading on the uniform examination administered pursuant to paragraph (a) of subsection 5 of NRS 392.780 that meets the passing score prescribed by the State Board.

4. Each public school shall offer a pupil who is enrolled in grade 2 or grade 3 in the school and does not obtain a score in the subject area of reading on the uniform examination administered pursuant to paragraph (a) of subsection 5 of NRS 392.780 that meets the passing score prescribed by the State Board the opportunity to enroll in summer school at the public school.

(Added to NRS by 2015, 1863; A 2017, 3278; 2019, 4494; 2023, 2202, effective July 1, 2028)

NRS 392.765 Required action when pupil is provided intervention services and intensive instruction.

1. If a pupil will be provided intervention services and intensive instruction pursuant to NRS 392.760, the principal of the school must:

(a) Provide written notice to the parent or legal guardian of the pupil confirming that the pupil will be provided intervention services and intensive instruction while the pupil is enrolled in an elementary school. The written notice must include, without limitation, a description of the intervention services and intensive instruction in the subject area of reading that the pupil will be provided to improve the proficiency of the pupil in that subject area.

(b) Develop a plan to monitor the growth of the pupil in the subject area of reading.

(c) Require the teacher of the pupil to develop a portfolio of the pupil’s work in the subject area of reading, which must be updated as necessary to reflect growth made by the pupil.

(d) Ensure that the pupil receives intervention services and intensive instruction in the subject area of reading that are designed to improve the pupil’s proficiency in the subject area of reading, including, without limitation:

(1) Programs and services included in the plan to improve the literacy of pupils enrolled in elementary school approved by the Department pursuant to NRS 388.157;

(2) Instruction for at least 90 minutes each school day based upon evidence-based research concerning reading instruction; and

(3) Intensive instructional services prescribed by the board of trustees of the school district pursuant to subsection 2, as determined appropriate for the pupil.

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

(a) Review and evaluate the plans for monitoring the growth of pupils developed pursuant to subsection 1.

(b) Prescribe the intensive instructional services in the subject area of reading which the principal of a school must implement as determined appropriate for a pupil who will be provided intervention services and intensive instruction pursuant to NRS 392.760, which may include, without limitation:

(1) Instruction that is provided in small groups;

(2) Instruction provided in classes with reduced pupil-teacher ratios;

(3) A timeline for frequently monitoring the progress of the pupil;

(4) Tutoring and mentoring;

(5) Classes which are designed to increase the ability of pupils to transition from grade 3 to grade 4 and to each subsequent grade level at the school;

(6) Instruction provided through an extended school day, school week or school year;

(7) Programs to improve a pupil’s proficiency in reading which are offered during the summer; or

(8) Any combination of the services set forth in subparagraphs (1) to (7), inclusive.

3. Except as otherwise provided in subsection 4, the intensive instructional services in the subject area of reading required by this section must be provided to the pupil by a teacher:

(a) Who is different than the teacher who provided instructional services to the pupil during the immediately preceding school year; and

(b) Who has been determined to be highly effective, as demonstrated by pupil performance data and performance evaluations.

4. The intensive instructional services in the subject area of reading required by this section may be provided to the pupil by the same teacher who provided instructional services to the pupil during the immediately preceding school year if a different teacher who meets the requirements of paragraph (b) of subsection 3 is not reasonably available and the pupil:

(a) Has an individualized education program; or

(b) Is enrolled in a school district in a county whose population is less than 100,000.

5. As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

(Added to NRS by 2015, 1864; A 2017, 3279; 2019, 4496)

NRS 392.770 Principal required to offer certain instructional options to parent or legal guardian of pupil who demonstrates reading deficiency. In addition to the intervention services and intensive instruction provided to a pupil who demonstrates a deficiency in the subject area of reading identified pursuant to subsection 1 of NRS 392.750 or a pupil who will be provided intervention services and intensive instruction while the pupil is enrolled in an elementary school pursuant to NRS 392.760, the principal of the school must offer the parent or legal guardian of the pupil, to the extent practicable, in a language that the parent or legal guardian can understand, at least one of the following instructional options:

1. Supplemental tutoring which is based upon evidence-based research concerning reading instruction;

2. Providing the parent or legal guardian with a plan for reading with the pupil at home and participating in any workshops that may be available in the school district to assist the parent or legal guardian with reading with his or her child at home, as set forth in an agreement with the parent or legal guardian; or

3. Providing the pupil with a mentor or tutor who has received specialized training in teaching pupils how to read.

(Added to NRS by 2015, 1866; A 2017, 3281; 2019, 4498)

NRS 392.775 Board of trustees of school district required to prepare, submit and post report concerning pupils provided certain educational services, instruction and programs related to reading. [Effective through June 30, 2028.] On or before October 15 of each year, the board of trustees of each school district shall:

1. Prepare a report concerning the number and percentage of pupils at each public elementary school within the school district who:

(a) Were designated in grade 3 to be provided intervention services and intensive instruction while enrolled in an elementary school pursuant to NRS 392.760 for a deficiency in the subject area of reading, including whether or not any such pupils were previously provided intervention services and intensive instruction; and

(b) Received educational programs or services identified pursuant to subsection 1 of NRS 392.750 at each grade level and whose proficiency in the subject area of reading:

(1) Did not improve at a rate prescribed by the board of trustees of the school district, indicating a need for more intensive or different interventions; and

(2) Improved at a rate prescribed by the board of trustees of the school district, indicating progress toward performing at a level determined by a statewide assessment to be within the level established by the State Board for pupils enrolled in the same grade in which the pupils are enrolled.

2. Submit a copy of the report to the Department, the Legislature and sponsor of the charter school.

3. Post the report on the Internet website maintained by the school district and otherwise make the report available to the parents and legal guardians of pupils enrolled in the school district and the general public.

(Added to NRS by 2015, 1866; A 2019, 4498)

1. Prepare a report concerning the number and percentage of pupils at each public elementary school within the school district who:

(b) Received educational programs or services identified pursuant to subsection 1 of NRS 392.750 at each grade level and whose proficiency in the subject area of reading:

(1) Did not improve at a rate prescribed by the board of trustees of the school district, indicating a need for more intensive or different interventions; and

(c) Were retained in grade 3 pursuant to NRS 392.780 for a deficiency in the subject area of reading, including whether or not any such pupils were previously retained in kindergarten or grade 1 or 2; and

(d) Were not retained in grade 3 because a good-cause exemption was approved pursuant to NRS 392.785 but who were previously retained in kindergarten or grade 1 or 2 for a total of 2 years.

2. Submit a copy of the report to the Department and the Legislature.

(Added to NRS by 2015, 1866; A 2019, 4498; 2023, 2203, effective July 1, 2028)

1. Except as otherwise provided in this section, a pupil enrolled in grade 3 must be retained in grade 3, rather than promoted to grade 4, if the pupil does not obtain a score in the subject area of reading on the uniform examination administered pursuant to paragraph (a) of subsection 5 that meets the passing score prescribed by the State Board.

2. If a pupil will be retained in grade 3 pursuant to this section, the principal of the school must provide written notice to the parent or legal guardian of the pupil that the pupil will be retained in grade 3.

3. The board of trustees of each school district and the governing body of a charter school, as applicable, shall develop a policy by which the principal of a school may promote a pupil who is retained in grade 3 pursuant to this section to grade 4 at any time during the school year if the pupil demonstrates adequate proficiency in the subject area of reading. The policy must include the specific criteria a pupil must satisfy to be eligible for promotion, including, without limitation, a reasonable expectation that the pupil’s progress will allow him or her to sufficiently master the requirements for a fourth-grade reading level. If a pupil is promoted after November 1 of a school year, he or she must demonstrate proficiency in reading at a level prescribed by the State Board.

4. If a principal of a school determines that a pupil is not academically ready for promotion to grade 4 after being retained in grade 3 and the pupil received intensive instructional services pursuant to NRS 392.760, the school district in which the pupil is enrolled must allow the parent or legal guardian of the pupil to decide, in consultation with the principal of the school, whether to place the pupil in a transitional setting which is designed to produce learning gains sufficient for the pupil to meet the performance standards required for grade 4, while continuing to receive remediation in the subject area of reading.

5. The State Board shall prescribe by regulation:

(a) A uniform examination for administration in kindergarten and grades 1, 2 and 3 to measure the proficiency of pupils in the subject area of reading;

(b) The score which a pupil enrolled in grade 3 must obtain in the subject area of reading on the uniform examination administered pursuant to paragraph (a) to be promoted to grade 4 without a good-cause exemption; and

(c) An alternative examination for administration to pupils enrolled in grade 3 who do not obtain the passing score in the subject area of reading on the uniform examination administered pursuant to paragraph (a) and the passing score such a pupil must obtain on the alternative examination to be promoted to grade 4 without the approval for a good-cause exemption pursuant to NRS 392.785.

(Added to NRS by 2023, 2198, effective July 1, 2028)

1. The superintendent of schools of a school district or the governing body of a charter school, as applicable, may authorize the promotion of a pupil to grade 4 who would otherwise be retained in grade 3 only if the superintendent or governing body, as applicable, approves a good-cause exemption for the pupil upon a determination by the principal of the school pursuant to subsection 3 that the pupil is eligible for such an exemption.

2. A good-cause exemption must be approved for a pupil who previously was retained in grade 3. Any other pupil is eligible for a good-cause exemption if the pupil:

(a) Demonstrates an acceptable level of proficiency in reading on an alternative standardized reading assessment approved by the State Board;

(b) Demonstrates, through a portfolio of the pupil’s work, proficiency in reading at grade level, as evidenced by demonstration of mastery of the academic standards in reading beyond grade 3;

(c) Is an English learner and has received not less than 2 years of instruction in a program of instruction that teaches English as a second language;

(d) Received intensive remediation in the subject area of reading for 2 or more years but still demonstrates a deficiency in reading and was previously retained in kindergarten or grade 1 or 2 for a total of 2 years;

(e) Is a pupil with a disability and his or her individualized education program indicates that the pupil’s participation in the uniform examination administered pursuant to paragraph (a) of subsection 5 of NRS 392.780 is not appropriate; or

(f) Is a pupil with a disability and:

(1) He or she participates in the uniform examination administered pursuant to paragraph (a) of subsection 5 of NRS 392.780;

(2) His or her individualized education program or plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, documents that the pupil has received intensive remediation in reading for more than 2 years, but he or she still demonstrates a deficiency in reading; and

(3) He or she was previously retained in kindergarten or grade 1, 2 or 3.

3. The principal of a school in which a pupil who may be retained in grade 3 pursuant to subsection 1 is enrolled shall consider the factors set forth in subsection 2 and determine whether the pupil is eligible for a good-cause exemption. In making the determination, the principal must consider documentation provided by the pupil’s teacher indicating whether the promotion of the pupil is appropriate based upon the record of the pupil. Such documentation must only consist of the existing plan for monitoring the progress of the pupil, the pupil’s individualized education program, if applicable, and the pupil’s plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, if applicable. If the principal determines that promotion of the pupil to grade 4 is appropriate, the principal must submit a written recommendation to the superintendent of schools of the school district or to the governing body of the charter school, as applicable. The superintendent of schools or the governing body of the charter school, as applicable, shall approve or deny the recommendation of the principal and provide written notice to the principal of the approval or denial.

4. A principal who determines that a pupil is eligible for a good-cause exemption pursuant to subsection 3 shall notify the parent or legal guardian of the pupil if the superintendent of schools of the school district or the governing body of the charter school, as applicable, has approved the good-cause exemption.

5. The principal of a school in which a pupil for whom a good-cause exemption is approved pursuant to subsection 3 and who is promoted to grade 4 must ensure that the pupil continues to be provided intervention services and intensive instruction in the subject area of reading pursuant to NRS 392.760.

6. As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

(Added to NRS by 2023, 2199, effective July 1, 2028)

MISCELLANEOUS PROVISIONS

NRS 392.850 Provision of information to certain employees regarding unlawful conduct of pupil; immunity from liability under certain circumstances; confidentiality of information.

1. The board of trustees of a county school district, or its designee, shall inform each employee of the district, including teachers, other licensed employees, drivers of school buses, instructional aides and office managers, who may have consistent contact with a pupil if that pupil has, within the preceding 3 years, unlawfully caused or attempted to cause serious bodily injury to any person. The district shall provide this information based upon any written records that the district maintains or which it receives from a law enforcement agency or a court. The district need not initiate a request for such information from any source.

2. A school district and the members of its board of trustees are not liable for failure strictly to comply with this section if a good faith effort to comply is made.

3. Except as otherwise provided in NRS 239.0115, any information received by an employee pursuant to this section is confidential and must not be further disseminated by the employee.

(Added to NRS by 1991, 981; A 1997, 1362; 2007, 2100)

NRS 392.857 Requirements for public school and school district when enrolled pupil admitted to certain hospital or facility.

1. If a pupil who is enrolled in a public school, including, without limitation, a university school for profoundly gifted pupils, is admitted by a court to a psychiatric hospital or facility which provides residential treatment for mental illness pursuant to NRS 432B.6076 or 432B.60815, the public school and, if applicable, the school district in which the pupil is enrolled, must:

(a) If the pupil is admitted to a psychiatric hospital, participate in the development of a plan for the continued education of the pupil pursuant to NRS 432B.60847 and comply with the provisions of the plan; and

(b) If an individualized education program has been developed for the pupil, provide the individualized education program to the psychiatric hospital or facility.

2. As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

(Added to NRS by 2021, 3161; A 2023, 2324)

NRS 392.860 Employee of school district prohibited from disclosing certain information about status of pupil placed in foster home. An employee of a school district, including, without limitation, a teacher, an administrator or an instructional aide, shall not disclose to any person who is not employed by the school district the fact that a pupil is a child who has been placed in a foster home or any related information.

(Added to NRS by 2011, 654)

UNLAWFUL ACTS

NRS 392.900 Interference with pupil attending school; penalty.

1. It is unlawful for any person, against the will of a pupil attending any public school, to beat, whip, detain or otherwise interfere with the pupil while the pupil is on his or her way to and from school.

2. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.

[407:32:1956]—(NRS A 1967, 566)

NRS 392.910 Assaulting pupil or school employee; interference with persons peaceably assembled within school; penalties.

1. It is unlawful for any person to assault any pupil or school employee:

(a) Within the building or grounds of the school;

(b) On a bus, van or any other motor vehicle owned, leased or chartered by a school district to transport pupils or school employees; or

Ê Except under circumstances described in paragraph (c) or (d) of subsection 2 of NRS 200.471 with respect to school employees or in NRS 200.571, any person who violates this subsection is guilty of a misdemeanor.

2. It is unlawful for any person maliciously in any manner to interfere with or disturb any persons peaceably assembled within a building of a public school for school district purposes. Any person who violates this subsection is guilty of a misdemeanor.

3. For the purposes of this section:

(a) “Assault” has the meaning ascribed to it in NRS 200.471.

(b) “Maliciously” has the meaning ascribed to it in NRS 193.0175.

(c) “School employee” means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

[408:32:1956]—(NRS A 1967, 566; 1979, 1617; 1993, 239; 2001 Special Session, 185; 2003, 2; 2015, 428)

NRS 392.915 Threatening to cause bodily harm or death to pupil or school employee by means of oral, written or electronic communication; penalties.

1. A person shall not, through the use of any means of oral, written or electronic communication, including, without limitation, through the use of cyber-bullying, knowingly threaten to cause bodily harm or death to a pupil or employee of a school district or charter school with the intent to:

(a) Intimidate, harass, frighten, alarm or distress a pupil or employee of a school district or charter school;

(b) Cause panic or civil unrest; or

2. Unless a greater penalty is provided by specific statute, a person who violates the provisions of subsection 1 is guilty of:

(a) A misdemeanor, unless the provisions of paragraph (b) apply to the circumstances.

(b) A gross misdemeanor, if the threat causes:

(1) Any pupil or employee of a school district or charter school who is the subject of the threat to be intimidated, harassed, frightened, alarmed or distressed;

(2) Panic or civil unrest; or

(3) Interference with the operation of a public school, including, without limitation, a charter school.

3. As used in this section:

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

(b) “Oral, written or electronic communication” includes, without limitation, any of the following:

(1) A letter, note or any other type of written correspondence.

(2) An item of mail or a package delivered by any person or postal or delivery service.

(3) A telegraph or wire service, or any other similar means of communication.

(4) A telephone, cellular phone, satellite phone, page or facsimile machine, or any other similar means of communication.

(5) A radio, television, cable, closed-circuit, wire, wireless, satellite or other audio or video broadcast or transmission, or any other similar means of communication.

(6) An audio or video recording or reproduction, or any other similar means of communication.

(7) An item of electronic mail, a modem or computer network, or the Internet, or any other similar means of communication.

(Added to NRS by 2001 Special Session, 184; A 2009, 690)

1. It is unlawful for an employer or an agent of the employer to:

(a) Terminate the employment of, or to demote, suspend or otherwise discriminate against, a person who, as the parent, guardian or custodian of a child:

(1) Appears at a conference requested by an administrator of the school attended by the child;

(2) Is notified during his or her work by a school employee of an emergency regarding the child; or

(3) Takes leave pursuant to NRS 392.4577 if the employer is subject to the requirements of that section; or

(b) Assert to the person that his or her appearance or prospective appearance at such a conference, the receipt of such a notification during his or her work or leave taken pursuant to NRS 392.4577 will result in the termination of his or her employment or a demotion, suspension or other discrimination in the terms and conditions of the person’s employment.

2. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

3. A person who is discharged from employment or who is demoted, suspended or otherwise discriminated against in violation of subsection 1 may file a claim or complaint with the Labor Commissioner. The employer shall provide the person who is discharged from employment or who is demoted, suspended or otherwise discriminated against with all the forms necessary to request such a claim or complaint. If the Labor Commissioner determines that the claim or complaint is valid and enforceable, the Labor Commissioner shall provide notice and opportunity for a hearing pursuant to NRS 607.205 to 607.215, inclusive.

4. If the Labor Commissioner issues a written decision in favor of the employee, the Labor Commissioner may award in addition to any remedies and penalties provided in chapters 607 and 608 of NRS:

(a) Wages and benefits lost as a result of the violation;

(b) An order of reinstatement without loss of position, seniority or benefits; and

(Added to NRS by 1989, 901; A 2009, 1247)