2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.838 - Submission of application to Department; conditions for approval; opportunity to correct deficiencies; requirement to develop plan.

1. The board of trustees of a school district or the governing body of a charter school or a university school for profoundly gifted pupils may submit an application to the Department to provide a program of distance education. In addition, a committee to form a charter school may submit an application to the Department to provide a program of distance education if the application to form the charter school submitted by the committee pursuant to NRS 388A.246 indicates that the charter school intends to provide a program of distance education.
2. An applicant to provide a program of distance education may seek approval to provide a program that is comprised of one or more courses of distance education included on the list of courses approved by the Department pursuant to NRS 388.834 or a program that is comprised of one or more courses contained in the model curriculum of the school district or charter school.
3. An application to provide a program of distance education must include:
(a) All the information prescribed by the State Board by regulation.
(b) Except as otherwise provided in this paragraph, proof satisfactory to the Department that the program satisfies all applicable statutes and regulations. The proof required by this paragraph shall be deemed satisfied if the program is comprised only of courses of distance education approved by the Department pursuant to NRS 388.834 before submission of the application.
(c) A description of how the program will ensure access to technology for pupils and teachers or other school employees and communicate with pupils, their families and staff regarding the program of distance education.
4. Except as otherwise provided in this subsection, the Department shall approve an application submitted pursuant to this section if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations. The Department shall deny an application to provide a program of distance education submitted by a committee to form a charter school if the Department denies the application to form a charter school submitted by that committee. The Department shall provide written notice to the applicant of the Department’s approval or denial of the application.
5. If the Department denies an application, the Department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The Department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations.
6. The board of trustees of each school district and the governing body of each university school for profoundly gifted pupils that provides a program of distance education shall:
(a) Develop a plan for conducting a program of distance education.
(b) Present the plan for conducting a program of distance education to the public at a public meeting or, if the plan was developed by the governing body of a university school for profoundly gifted pupils, the sponsor of the university school at least 45 days before the first day of each school year.
(c) Provide a copy of the plan for conducting a program of distance education to the school community, parents and employees of the school district or university school for profoundly gifted pupils.
(d) On or before December 31 of each year, develop a plan to make technology available to all pupils and teachers or other school employees involved in a program of distance education. The plan must include, without limitation, an estimate of the cost to make technology available to the pupils and teachers or other school employees. The board of trustees of each school district and governing body of each university school for profoundly gifted pupils shall post the plan created pursuant to this paragraph on its Internet website.
(e) On or before August 1 of each year, implement the plan developed pursuant to paragraph (d).
7. The governing body of each charter school:
(a) Shall develop a plan for conducting a program of distance education for at least 10 school days in the event of an emergency that necessitates the closing of all public schools in this State.
(b) Present its plan for conducting a program of distance education to the sponsor of the charter school at least 45 days before the first day of each school year.
(c) May develop a plan for conducting a program of distance education outside of an emergency that necessitates the closing of all public schools in this State.
(d) If a plan for conducting a program of distance education is developed pursuant to paragraph (c), shall submit the plan as part of a written request for an amendment of the charter contract pursuant to NRS 388A.276.
(e) Shall provide a copy of the plan for conducting a program of distance education to the school community, parents and employees of the charter school.
(f) Shall, on or before December 31 of each year, develop a plan to make technology available to all pupils and teachers involved in a program of distance education. The plan must include, without limitation, an estimate of the cost to make technology available to the pupils and teachers or other school employees. The governing body of each charter school shall post the plan created pursuant to this paragraph on its Internet website.
(Added to NRS by 2001, 3150; A 2005, 2414; 2021, 3517)