CHAPTER388. System of Public Instruction  


GENERAL PROVISIONS
NRS 388.020. Kinds of public schools.
NRS 388.030. Division of public schools in school district into departments.
NRS 388.040. Zoning of school district by board of trustees; establishment of zones does not preclude pupil’s attendance at certain other public schools.
NRS 388.060. Kindergarten: Establishment; board of trustees authorized to provide transportation to school that offers kindergarten or to provide program of instruction at home; budget.
NRS 388.070. Maintenance of schools with equal rights and privileges.
NRS 388.075. Period of silence.
SCHOOL YEAR; MINIMUM NUMBER OF DAYS; HOLIDAYS
NRS 388.080. School year.
NRS 388.090. Minimum number of days of school; application for alternative schedule; application for reduction in minutes or additional minutes; scheduling for closure because of natural disaster, inclement weather or accident.
NRS 388.110. Closing public schools for legal holidays.
PROVISION OF SAFE AND RESPECTFUL LEARNING ENVIRONMENT
General Provisions
NRS 388.121. Definitions.
NRS 388.122. “Bullying” defined.
NRS 388.123. “Cyber-bullying” defined.
NRS 388.124. “Electronic communication” defined.
NRS 388.125. “Harassment” defined. [Repealed]
NRS 388.129. “Intimidation” defined. [Repealed]
NRS 388.132. Legislative declaration concerning safe and respectful learning environment.
NRS 388.1325. Bullying Prevention Account: Creation; acceptance of gifts and grants; credit of interest and income; authorized uses by school district that receives grant.
NRS 388.1327. Regulations.
Policies; Informational Pamphlet; Program of Training
NRS 388.133. Policy by Department concerning safe and respectful learning environment.
NRS 388.134. Policy by school districts for provision of safe and respectful learning environment and policy for ethical, safe and secure use of computers; provision of training to board of trustees and school personnel; posting of policies on Internet website; annual review and update of policies.
NRS 388.1341. Development of informational pamphlet by Department; annual review and update; posting on Internet website; development of tutorial.
NRS 388.1342. Establishment of programs of training by Department; completion of program by members of State Board of Education and boards of trustees; completion of program by administrators in prevention of violence and suicide; annual review and update.
School Safety Team
NRS 388.1343. Establishment by principal of each school; duties of principal.
NRS 388.1344. Membership; chair; duties.
Prohibition of Bullying and Cyber-Bullying; Reporting and Investigation of Violations
NRS 388.135. Bullying and cyber-bullying prohibited.
NRS 388.1351. Staff member required to report violation to principal; written notice of reported violation to parent of each pupil involved; time period for initiation and completion of investigation; authorization for parent to appeal disciplinary decision.
NRS 388.1352. Establishment of policy by school districts for employees to report violations to law enforcement.
NRS 388.1353. Principal required to submit report of violations for each semester to school district; review and compilation of reports by school district; submission of compilation to Department. [Repealed]
NRS 388.1355. Compilation of reports by Superintendent of Public Instruction; submission of written compilation to Attorney General. [Repealed]
NRS 388.136. School officials prohibited from interfering with disclosure of violations.
NRS 388.137. Immunity for reporting of violations; exceptions; recommendation for disciplinary action if person who made report acted with malice, intentional misconduct, gross negligence or violation of law.
Rules of Behavior; Week of Respect
NRS 388.139. Text of certain provisions required to be included in rules of behavior.
NRS 388.145. Requirements for delivery of information during annual “Week of Respect.”
PROHIBITED INSTRUCTION
NRS 388.150. Sectarian and denominational publications and instruction; forfeiture of public school money for violation; authority to comply with federal Equal Access Act.
ELEMENTARY SCHOOLS
NRS 388.155. Foster care children enrolled in elementary school; development of academic plan required; annual review and modification of plan; use of plan to manage pupil’s educational development.
MIDDLE SCHOOLS AND JUNIOR HIGH SCHOOLS
NRS 388.165. Development of academic plan required.
NRS 388.171. Pilot program for small learning communities required in certain schools. [Repealed]
NRS 388.176. Adoption of policy for peer mentoring. [Repealed]
NRS 388.181. Adoption of policy for pupil-led conferences. [Repealed]
HIGH SCHOOLS
NRS 388.205. Development of academic plan required for ninth grade pupils.
NRS 388.215. Program of small learning communities required for ninth grade pupils enrolled in larger schools. [Repealed]
NRS 388.221. Adoption of policy for peer mentoring.
NRS 388.225. Establishment of plan to prepare pupils for educational requirements of postsecondary education and success in workplace; report on progress of plan. [Effective through June 29, 2014.]
CAREER AND TECHNICAL EDUCATION
State Board for Career and Technical Education; Gift Fund for Career and Technical Education
NRS 388.330. Composition of Board.
NRS 388.340. Executive Officer: Designation of Superintendent of Public Instruction to serve as Executive Officer; duties.
NRS 388.342. Executive Officer: Appointment of person to oversee programs.
NRS 388.350. Meetings.
NRS 388.360. Powers.
NRS 388.365. Designation of Fund; use of money.
NRS 388.370. Biennial report to Governor.
Programs of Career and Technical Education
NRS 388.380. Establishment and maintenance of programs by school districts; endorsement on diploma indicating successful completion of program.
NRS 388.385. Appointment of advisory technical skills committee by school districts; duties of committee; service without compensation.
Money; Grants to School Districts, Charter Schools and Pupil Organizations
NRS 388.390. Certain school districts and charter schools entitled to share in available money.
NRS 388.392. Distribution of state money; limitation on use for leadership and training activities; recommendations of industry sector councils for awarding grants to school districts and charter schools.
NRS 388.393. Grants: Application by school district or charter school; review and recommendations of industry sector councils; criteria for awards.
NRS 388.394. Grants: Application by pupil organization for career and technical education; awards made on fair and equitable basis.
NRS 388.395. Grants: Application by school district or charter school for remainder of available state money; criteria for and limitation on awards.
NRS 388.396. Grants: Designation of program professional to evaluate and report on effectiveness of program.
NRS 388.397. Remainder of certain state money does not revert and is carried forward to following fiscal year.
NRS 388.400. Administration; State Treasurer as custodian.
PUPILS WHO ARE LIMITED ENGLISH PROFICIENT; ENGLISH MASTERY COUNCIL
NRS 388.405. Legislative declaration; duty of State Board to adopt regulations and submit certain evaluations required by federal law.
NRS 388.407. Board of trustees required to develop policy for instruction to teach English.
NRS 388.409. English Mastery Council: Creation; membership; terms; vacancy; Chair; meetings; compensation; acceptance of gifts and grants; administrative support. [Effective through June 30, 2019.]
NRS 388.411. English Mastery Council: Duty to make recommendations to Superintendent of Public Instruction, State Board, Commission on Professional Standards in Education, Board of Regents and school districts. [Effective through June 30, 2019.]
NRS 388.413. English Mastery Council: Preparation and submission of annual report. [Effective through June 30, 2019.]
MAINTENANCE AND ADMINISTRATION OF AUTO-INJECTABLE EPINEPHRINE; FOOD ALLERGIES AND ANAPHYLAXIS
NRS 388.421. Maintenance and storage in secure location by public school; policy regarding proper handling and transportation; annual report to Division of Public and Behavioral Health concerning doses administered.
NRS 388.424. Order of physician for doses of epinephrine maintained by public school; school personnel authorized to administer doses; acceptance of gifts, grants and donations.
NRS 388.427. Training concerning food allergies and development of comprehensive action plan concerning anaphylaxis.
PUPILS WITH DISABILITIES AND GIFTED AND TALENTED PUPILS
General Provisions
NRS 388.440. Definitions.
Educational Services and Programs
NRS 388.450. Provision of education to pupils with disabilities and gifted and talented pupils; authorization for certain school districts to provide early intervening services; uniform criteria for eligibility for instruction.
NRS 388.460. Pupils not required to take advantage of special provisions for education.
NRS 388.470. Placement of child in special program; effect of military transfer of parent of child.
NRS 388.475. Ages for admission to special programs; enrollment counted for apportionment.
NRS 388.477. Pupils with hearing impairment: Requirements for consideration in development of individualized education program; additional considerations for best feasible instruction.
NRS 388.481. Pupils with autism spectrum disorder: Initial evaluation by school district or charter school; reevaluation and review of individualized education program; assistance and training for persons who conduct evaluation.
NRS 388.483. Pupils with autism spectrum disorder: Department required to submit annual report to Aging and Disability Services Division.
NRS 388.492. Pupil with a disability attains 18 years of age: Rights transfer to pupil; notice to parent and pupil; exception for pupil adjudicated incompetent.
NRS 388.493. Pupil with a disability attains 18 years of age: Application by parent to represent educational interests of pupil; duration of representation; appeal; regulations.
NRS 388.500. Special ungraded schools and programs; powers of trustees.
NRS 388.507. Hearings conducted pursuant to Individuals with Disabilities Education Act: Burden of proof and burden of production on school district during certain due process hearings.
NRS 388.509. Hearings conducted pursuant to Individuals with Disabilities Education Act: Authority of Department to issue subpoenas; enforcement of subpoena by court.
NRS 388.520. Use of form for development, review and revision of individualized education program; minimum standards for special education and early intervening services; limitation on apportionment of state money for instruction.
Use of Aversive Intervention, Physical Restraint and Mechanical Restraint on Pupils With Disabilities
NRS 388.521. Definitions.
NRS 388.5215. “Aversive intervention” defined.
NRS 388.522. “Chemical restraint” defined.
NRS 388.5225. “Corporal punishment” defined.
NRS 388.523. “Electric shock” defined.
NRS 388.5235. “Emergency” defined.
NRS 388.524. “Individualized education program” defined. [Repealed]
NRS 388.5245. “Individualized education program team” defined. [Repealed]
NRS 388.525. “Mechanical restraint” defined.
NRS 388.5255. “Physical restraint” defined.
NRS 388.526. “Verbal and mental abuse” defined.
NRS 388.5265. Aversive intervention prohibited.
NRS 388.527. Physical restraint and mechanical restraint prohibited; exceptions.
NRS 388.5275. Conditions under which physical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year.
NRS 388.528. Conditions under which mechanical restraint may be used; report required; requirements if pupil has three or five reports of use of restraint in 1 school year.
NRS 388.5285. Mandatory education and training for staff.
NRS 388.529. Disciplinary action against person for intentional violation.
NRS 388.5295. Report of violation; corrective plan required; appointment of administrator to oversee school under certain circumstances.
NRS 388.531. Retaliation for reporting violation prohibited.
NRS 388.5315. Reporting of denial of rights; investigation and resolution of disputes by Department.
NRS 388.5317. Annual report by school districts on use of restraint and violations; compilation of reports by Department; submission of compilation to Legislature.
PROGRAMS TO PREVENT CRIMINAL ACTIVITY; OPERATION OF ALTERNATIVE PROGRAMS
NRS 388.532. Development of programs.
NRS 388.537. Alternative programs for pupils at risk of dropping out of school.
INSTRUCTION OF CHILDREN DETAINED IN FACILITIES FOR THE DETENTION OF CHILDREN, ALTERNATIVE PROGRAMS, JUVENILE FORESTRY CAMPS AND JUVENILE TRAINING SCHOOLS
NRS 388.550. Employment of teachers with approval of juvenile court and county commissioners.
NRS 388.560. Courses of instruction; school district to furnish textbooks, equipment and supplies.
NRS 388.570. Computation of enrollment and average daily attendance; reports to Superintendent of Public Instruction.
PROGRAMS OF EDUCATION FOR INCARCERATED PERSONS
NRS 388.573. “Incarcerated persons” defined.
NRS 388.575. Establishment of statewide program by Department of Education; requirements of statewide program.
NRS 388.577. Fund for Programs of Education for Incarcerated Persons: Creation; administration; use of money; limitations on use; allocation of money to certain school districts.
NRS 388.579. Boards of trustees of school districts authorized to operate program; compliance with statewide program; conditions for receipt of money from Fund.
NRS 388.582. Board of Regents authorized to offer certain courses to incarcerated persons.
NRS 388.583. Authority of Director of Department of Corrections to restrict access of school district employee to facility or institution upon good cause shown; interagency panel required to be convened if employee’s access is restricted; final decision of panel.
PROGRAM OF INFORMATION CONCERNING MISSING CHILDREN
NRS 388.585. Establishment of program by trustees; assistance of Attorney General or State Board.
EDUCATION AND COUNSELING OF DISPLACED HOMEMAKERS
NRS 388.605. Definitions.
NRS 388.615. Board for the Education and Counseling of Displaced Homemakers: Creation; membership; duties; compensation of members.
NRS 388.625. Establishment of center for displaced homemakers; deposit of gifts and grants of money; approval of claims.
NRS 388.635. Provision of services by center for displaced homemakers.
NRS 388.645. Selection of organization to administer center; coordination with state and federal programs.
NRS 388.655. Executive director for center; quarterly reports to Board.
REDUCTION OF PUPIL-TEACHER RATIO IN CERTAIN CLASSES
NRS 388.700. Reduction of ratio in certain grades; request for variance required for each school quarter under certain circumstances; quarterly report on variances submitted to Interim Finance Committee; additional reports by State Board and Department; exception to requirements for charter schools and distance education.
NRS 388.710. State Board of Education to determine data to be monitored by school district; school district to report data to State Board.
NRS 388.720. Development of plan by school district to reduce pupil-teacher ratios; alternative ratios for certain grades authorized in certain counties.
NRS 388.725. Quarterly reports of average daily attendance and pupil-teacher ratios in elementary schools required of school districts; posting of report on Internet website.
EDUCATIONAL FOUNDATIONS
NRS 388.750. Compliance with Open Meeting Law; availability of records; exemption from certain taxes; nondisclosure of contributors.
EDUCATIONAL TECHNOLOGY
NRS 388.780. Definitions.
NRS 388.785. “Commission” defined.
NRS 388.787. “Committee” defined.
NRS 388.789. Superintendent of Public Instruction required to ensure Commission carries out duties successfully.
NRS 388.790. Commission on Educational Technology: Creation; membership; terms; removal and vacancy; quarterly meetings required; compensation.
NRS 388.795. Commission on Educational Technology: Duties; plan for use of educational technology; administrative support by Department; assessment of needs of school districts; advisory committee authorized.
NRS 388.800. Trust Fund for Educational Technology: Creation; administration; interest and income; use of money in Fund.
NRS 388.805. Trust Fund for Educational Technology: Program for school districts to apply for money from Fund.
DISTANCE EDUCATION
General Provisions
NRS 388.820. Definitions.
NRS 388.823. “Course of distance education” defined.
NRS 388.826. “Distance education” defined.
NRS 388.829. “Program of distance education” defined.
Approved Courses; Procedure for Application
NRS 388.834. Publication of list of approved distance education courses.
NRS 388.838. Submission of application to Department; conditions for approval; opportunity to correct deficiencies.
Operation of Programs; Regulations
NRS 388.842. Alternate scheduling permitted; minimum time required for full-time program.
NRS 388.846. Compliance with statutes and regulations; notice by charter school to board of trustees concerning type of educational services provided.
NRS 388.850. Eligibility for enrollment.
NRS 388.854. Permission of board of trustees required for full-time enrollment; written agreement between board of trustees and provider of distance education program.
NRS 388.858. Permission of charter school required for part-time enrollment; written agreement between charter school and provider of distance education program.
NRS 388.862. Board of trustees required to declare public school to which pupil enrolled in program is affiliated; applicability of statutes and regulations to pupils.
NRS 388.866. Requirements of program; supervision by teacher; qualifications of certain teachers.
NRS 388.874. Regulations of State Board.
MISCELLANEOUS PROVISIONS
NRS 388.880. Immunity from civil liability for reporting threat of violence against school official, school employee or pupil; exceptions.