reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.445 - Pupils with dyslexia: Designation of teacher and school employee to receive training and professional development concerning dyslexia.

1. The principal of a public elementary school, including, without limitation, a charter school, shall designate a licensed teacher employed by the school to receive training in effective methods of intervention for pupils with dyslexia. If the principal has designated a licensed teacher to serve as a learning strategist, the learning strategist must be the person to receive such training.
2. The board of trustees of each school district and the governing body of each charter school shall ensure that at least one employee who serves pupils in kindergarten or grade 1, 2 or 3 is designated at each school to receive professional development regarding dyslexia. Such professional development must include, without limitation, training in:
(a) Methods to recognize indicators for dyslexia; and
(b) The science related to teaching a pupil with dyslexia.
3. The professional development required pursuant to subsection 2:
(a) Must be provided by a learning strategist, if the principal has designated a licensed teacher to serve as a learning strategist; or
(b) May be provided on the Internet or at another venue approved by the Department.
(Added to NRS by 2015, 2383)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.447 - Pupils with dyslexia: Department to prepare and publish Dyslexia Resource Guide for school districts and public schools.

The Department shall prepare and publish a Dyslexia Resource Guide as a guide for each school district and public school, including, without limitation, a charter school, to use to identify and provide dyslexia intervention for pupils with dyslexia.
(Added to NRS by 2015, 2384)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.449 - Pupils with autism spectrum disorder: Initial evaluation by school district or charter school; reevaluation and review of individualized education program; assistance and training for persons who conduct evaluation.

1. The board of trustees of a school district or the governing body of a charter school shall conduct an initial evaluation of each pupil with autism spectrum disorder in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations prescribed by the State Board pursuant to NRS 388.419 and shall, once every 3 years thereafter, conduct a reevaluation in accordance with the Individuals with Disabilities Education Act and the regulations of the State Board. The individualized education program for the pupil must be reviewed, and amended as appropriate, in compliance with the Individuals with Disabilities Education Act and the regulations of the State Board.
2. The board of trustees of a school district or the governing body of a charter school shall ensure that each person who conducts an evaluation of a pupil with autism spectrum disorder is provided with technical assistance and training to improve the accuracy and efficiency in conducting such evaluations.
(Added to NRS by 2011, 2705, 2715)—(Substituted in revision for NRS 388.481)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.451 - Pupils with autism spectrum disorder: Department required to submit annual report to Aging and Disability Services Division.

1. The Department of Education shall report annually to the Aging and Disability Services Division of the Department of Health and Human Services information relating to pupils with autism spectrum disorders. The information must:
(a) Be submitted in the form required by the Aging and Disability Services Division; and
(b) Include the total number of pupils with autism spectrum disorders who are enrolled in public schools in this State, including all pupils with autism spectrum disorders who have an individualized education program.
2. A pupil with autism spectrum disorder who is designated as a pupil with more than one physical or mental impairment or disability must be included as a pupil with autism spectrum disorder for the purposes of reporting information pursuant to this section.
3. The reporting made pursuant to this section must comply with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any other applicable state and federal privacy laws.
(Added to NRS by 2011, 2705, 2715)—(Substituted in revision for NRS 388.483)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.453 - Special ungraded schools and programs; powers of trustees.

1. Pupils with disabilities may be instructed in special ungraded schools or within special programs established for the instruction of such pupils.
2. Boards of trustees of school districts may:
(a) Purchase sites and erect buildings for those purposes in the same manner as other school sites or school buildings may be purchased and erected.
(b) Rent suitable property at an economical rental for special or ungraded rooms.
(c) Accept gifts or donations of sites and buildings for those purposes.
[286:32:1956]—(NRS A 1969, 445; 1973, 1429; 1993, 2160)—(Substituted in revision for part of NRS 388.500)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.457 - When pupil attains 18 years of age: Rights transfer to pupil; notice to parent and pupil; exception for pupil adjudicated incapacitated.

1. Except as otherwise provided in this section and NRS 388.459, any right accorded to a parent of a pupil with a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or the regulations adopted pursuant thereto, transfers to the pupil when the pupil attains the age of 18 years.
2. Not less than 90 days before the date on which a pupil with a disability attains the age of 18 years, the school district or charter school in which the pupil is enrolled shall provide notice to the:
(a) Parent of the transfer of the parent’s rights pursuant to subsection 1 and of the process for submission of an application to the school district or charter school pursuant to NRS 388.459.
(b) Pupil concerning the transfer of rights to the pupil.
3. If a pupil with a disability attains the age of 18 years and the pupil is enrolled in a program of special education pursuant to NRS 388.417 to 388.515, inclusive, the school district or charter school in which the pupil is enrolled shall provide any notice required pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto, or NRS 388.417 to 388.515, inclusive, and the regulations adopted pursuant thereto, to the:
(a) Parent; and
(b) Pupil with a disability,
regardless of whether the parent is appointed to represent the educational interests of the pupil pursuant to NRS 388.459 or the rights transfer to the pupil pursuant to subsection 1.
4. If a court of competent jurisdiction adjudicates a pupil with a disability incapacitated and appoints a guardian for the pupil, all rights pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto, remain with or otherwise transfer to the guardian.
(Added to NRS by 2007, 2918)—(Substituted in revision for NRS 388.492)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.459 - When pupil attains 18 years of age: Application by parent to represent educational interests of pupil; duration of representation; appeal; regulations.

1. A parent of a pupil with a disability may, at least 90 days before the pupil attains 18 years of age, submit an application to the school district or the charter school in which the pupil is enrolled to appoint the parent to represent the educational interests of the pupil if:
(a) The parent believes that the pupil does not have the ability to provide informed consent with respect to the pupil’s own educational program; and
(b) The status of the pupil is such, as determined in accordance with the regulations adopted pursuant to subsection 5, that the parent is authorized to submit such an application.
2. The application must be submitted on a concise form prescribed by the Department. The application:
(a) Must not be unduly burdensome on the parent to fill out; and
(b) Must not require the pupil to sign the application or otherwise require the pupil to grant permission for the parent to represent the pupil’s educational interests.
3. If the school district or charter school grants an application, the parent shall continue to represent the educational interests of the pupil until:
(a) The pupil receives a standard high school diploma;
(b) The pupil is no longer enrolled in a program of special education pursuant to NRS 388.417 to 388.515, inclusive; or
(c) The parent elects to transfer the right to represent educational interests to the pupil.
4. A parent or a pupil may appeal a determination made pursuant to this section in accordance with the procedure used by the Department for administrative complaints.
5. The State Board shall adopt regulations to carry out this section and NRS 388.457, including, without limitation, the establishment of criteria for determining whether the status of a pupil with a disability is such that his or her parent is authorized to submit an application to represent the educational interests of the pupil pursuant to this section.
(Added to NRS by 2007, 2918; A 2015, 1026)—(Substituted in revision for NRS 388.493)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.463 - Selection and compensation of hearing officers; appeal of decision of hearing officer.

1. The Department shall maintain a list of hearing officers who meet the qualifications prescribed pursuant to 20 U.S.C. § 1415(f)(3)(A) to conduct a due process hearing pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., regarding the identification, evaluation, reevaluation, classification, educational placement or disciplinary action of or provision of a free appropriate public education to a pupil with a disability.
2. Except as otherwise provided in subsection 4, upon the filing of a complaint requiring a due process hearing described in subsection 1, the Superintendent of Public Instruction shall select three hearing officers from the list maintained by the Department pursuant to subsection 1. The selection of the hearing officers must be made on a random, rotational or other impartial basis and, in a school district in which more than 50,000 pupils are enrolled, the place of business of the hearing officer must, to the extent practicable, be located in the school district.
3. The Superintendent of Public Instruction shall provide the names of the three hearing officers selected pursuant to subsection 2 to the complainant and request the complainant to return to the Superintendent a list which places the three names in the order of preference of the complainant. The complainant must return the list within 2 days. If the complainant returns the list, the Superintendent must request the first hearing officer on the list to preside over the hearing and if he or she is unavailable, the next person, until there are no more hearing officers on the list. If the complainant does not return the list within 2 days, the Superintendent must appoint a hearing officer and may determine the order in which to request a hearing officer to preside over the hearing.
4. If a due process hearing is required to be expedited pursuant to 20 U.S.C. § 1415(k)(4), the Superintendent of Public Instruction must select a hearing officer to preside over the hearing from the list maintained by the Department pursuant to subsection 1. The selection of the hearing officer must be made on a random, rotational or other impartial basis and, in a school district in which more than 50,000 pupils are enrolled, the place of business of the hearing officer must, to the extent practicable, be located in the school district.
5. The local educational agency or governing body of a charter school involved in the complaint, as applicable, shall pay the cost of the hearing, including, without limitation, any compensation to which the hearing officer is entitled.
6. The decision of a hearing officer may be appealed by any aggrieved party to the Department.
7. As used in this section, "local educational agency" has the meaning ascribed to it in 20 U.S.C. § 1401(19).
(Added to NRS by 2015, 2076)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.465 - Regulations concerning procedures for requesting recusal of hearing officer and qualifications of hearing officers; Department to post information relating to due process hearings on Internet website.

1. The State Board shall prescribe by regulation:
(a) The procedures for requesting the recusal of a hearing officer on the basis of bias or a conflict of interest.
(b) The qualifications to remain on the list of hearing officers maintained pursuant to subsection 1 of NRS 388.463. Such qualifications must include, without limitation, requiring that a hearing officer:
(1) Must complete, within the first year that the name of the hearing officer appears on the list maintained by the Department pursuant to subsection 1 of NRS 388.463, a minimum of 40 hours of training, which must include, without limitation, 24 hours of training in laws relating to special education; and
(2) Must complete annual training arranged by the Department. The training must include, without limitation, training concerning laws relating to special education, the procedure for conducting a hearing and rendering and writing a decision.
(c) The procedures for compensating a hearing officer which must be established to avoid a conflict of interest for the hearing officer or the appearance of such a conflict.
2. The Department of Education shall post information as prescribed by the State Board relating to due process hearings held pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., on its Internet website. Such information must include, without limitation:
(a) A model form that may be used to request such a hearing;
(b) Decisions from such hearings after the names and other personally identifiable information of the pupils who were the subject of such hearings have been removed;
(c) Decisions from the appeals of such hearings after the names and any other personally identifiable information of the pupils who were the subject of the hearings have been removed; and
(d) Timelines and procedures for conducting such hearings.
(Added to NRS by 2015, 2077)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.467 - Burden of proof and burden of production on school district during certain due process hearings.

Whenever a due process hearing is held pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., regarding the identification, evaluation, reevaluation, classification, educational placement or disciplinary action of or provision of a free appropriate public education to a pupil with a disability, and a school district is a party, the school district has the burden of proof and the burden of production.
(Added to NRS by 2011, 800)—(Substituted in revision for NRS 388.507)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.4685 - Filing and investigation of complaint concerning failure to comply with decision or settlement agreement; duty of Department to ensure compliance.

1. If a local educational agency or the governing body of a charter school fails to comply with the decision of a hearing officer or a settlement agreement resulting from a due process hearing, the parent or guardian of the pupil who is the subject of the decision or agreement or, if the pupil has attained 18 years of age and responsibility for his or her educational interests has been transferred to the pupil, the pupil may file a complaint with the Department pursuant to 34 C.F.R. § 300.153.
2. After investigating a complaint filed pursuant to subsection 1 and providing the local educational agency or governing body with an opportunity to respond to the complaint, including, without limitation, any mitigating factors, the Department shall issue a written decision concerning the complaint. If the Department finds that the local educational agency or governing body has failed to comply with the decision or settlement agreement, as applicable, the Department must take:
(a) Any measures that the Department determines necessary to ensure that the local educational agency or governing body complies with the decision or settlement agreement, as applicable; and
(b) Any additional measures that the Department determines are necessary to ensure that the pupil receives a free appropriate public education.
3. Measures taken pursuant to subsection 2 may include, without limitation:
(a) Issuing a written order to the local educational agency or governing body to take specific action;
(b) Monitoring the actions taken by the local educational agency or governing body to comply with the order;
(c) Withholding federal or state money that would otherwise be provided to the local educational agency or governing body for the purpose of providing educational services to the pupil and using that money to directly arrange and pay for the provision of such services to the pupil; and
(d) Referring the matter to the Attorney General to bring an action in a court of competent jurisdiction to enforce the order.
4. The Department shall provide a copy of any decision issued pursuant to subsection 2 and any order issued pursuant to paragraph (a) of subsection 3 to:
(a) The complainant and the local educational agency or governing body, as applicable; and
(b) If applicable, the superintendent of the local educational agency and any person or office responsible for compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., at the local educational agency or charter school.
5. Nothing in this section shall be deemed to preclude a parent or guardian of a pupil from seeking any other remedy available at law or in equity.
6. As used in this section, "local educational agency" has the meaning ascribed to it in 20 U.S.C. § 1401(19).
(Added to NRS by 2019, 914)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.469 - Authority of Department to issue subpoenas; enforcement of subpoena by court.

1. The Department may issue a subpoena to compel the attendance of witnesses, the giving of testimony and the production of books and papers at an administrative hearing conducted pursuant to the provisions of 20 U.S.C. § 1415 on behalf of a party to that hearing. The subpoena must be signed by the Superintendent of Public Instruction or a person designated by the Superintendent for this purpose. If a person fails to comply with a subpoena, the Department may apply to the district court for enforcement of the subpoena.
2. The district court in and for Carson City or the county in which a hearing is being conducted for which such a subpoena was issued may, upon receipt of such an application, compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by the subpoena.
3. In case of the refusal of any witness to attend or testify or produce any papers required by the subpoena, the person holding the hearing may report to the district court by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in accordance with this section; and
(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the person holding the hearing named in the subpoena, or has refused to answer questions propounded to him or her in the course of the hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the person.
4. The court, upon petition of the person holding the hearing, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time must not be more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers before the person holding the hearing. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the person holding the hearing, the court shall thereupon enter an order that the witness appear before the person at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness must be dealt with as for contempt of court.
(Added to NRS by 1997, 2526)—(Substituted in revision for NRS 388.509)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.471 - Definitions.

As used in NRS 388.471 to 388.515, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.473 to 388.495, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 3236; A 2009, 918)—(Substituted in revision for NRS 388.521)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.473 - "Aversive intervention" defined.

"Aversive intervention" means any of the following actions if the action is used to punish a pupil with a disability or to eliminate, reduce or discourage maladaptive behavior of a pupil with a disability:
1. The use of noxious odors and tastes;
2. The use of water and other mists or sprays;
3. The use of blasts of air;
4. The use of corporal punishment;
5. The use of verbal and mental abuse;
6. The use of electric shock;
7. The administration of chemical restraint to a person;
8. The placement of a person alone in a room where release from the room is prohibited by a mechanism, including, without limitation, a lock, device or object positioned to hold the door closed or otherwise prevent the person from leaving the room;
9. Requiring a person to perform exercise under forced conditions if the:
(a) Person is required to perform the exercise because he or she exhibited a behavior that is related to his or her disability;
(b) Exercise is harmful to the health of the person because of his or her disability; or
(c) Nature of the person’s disability prevents him or her from engaging in the exercise; or
10. The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation, including, without limitation, the denial or unreasonable delay in the provision of:
(a) Food or liquid at a time when it is customarily served; or
(b) Medication.
(Added to NRS by 1999, 3237)—(Substituted in revision for NRS 388.5215)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.476 - "Chemical restraint" defined.

"Chemical restraint" means the administration of drugs to a person for the specific and exclusive purpose of controlling an acute or episodic behavior that places the person or others at a risk of harm when less restrictive alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs prescribed by a physician, physician assistant or advanced practice registered nurse as standard treatment for the mental or physical condition of the person.
(Added to NRS by 1999, 3237; A 2021, 3110)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.487 - "Emergency" defined.

"Emergency" means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage.
(Added to NRS by 1999, 3237)—(Substituted in revision for NRS 388.5235)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.491 - "Mechanical restraint" defined.

"Mechanical restraint" means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile.
(Added to NRS by 1999, 3238)—(Substituted in revision for NRS 388.525)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.499 - Physical restraint and mechanical restraint prohibited; exceptions.

A person employed by the board of trustees of a school district or any other person shall not:
1. Except as otherwise provided in NRS 388.501, use physical restraint on a pupil with a disability.
2. Except as otherwise provided in NRS 388.503, use mechanical restraint on a pupil with a disability.
(Added to NRS by 1999, 3238)—(Substituted in revision for NRS 388.527)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.505 - Mandatory education and training for staff.

1. The Department shall develop a model program of education for use by the school districts to train the members of the staff of the schools within the school districts who are identified in the individualized education programs of pupils with disabilities to provide services to those pupils. The model program of education must provide instruction in positive behavioral interventions and positive behavioral supports that:
(a) Includes positive methods to modify the environment of pupils with disabilities to promote adaptive behavior and reduce the occurrence of inappropriate behavior;
(b) Includes methods to teach skills to pupils with disabilities so that the pupils can replace inappropriate behavior with adaptive behavior;
(c) Includes methods to enhance the independence and quality of life for pupils with disabilities;
(d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of pupils with disabilities; and
(e) Offers a process for designing interventions based upon the pupil that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the pupil.
2. The board of trustees of each school district shall provide for appropriate training for the members of the staff of the schools within the school district who are authorized to carry out and monitor physical restraint and mechanical restraint to ensure that those members of the staff are qualified to carry out the procedures in accordance with NRS 388.471 to 388.515, inclusive.
(Added to NRS by 1999, 3239)—(Substituted in revision for NRS 388.5285)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.506 - Disciplinary action against person for intentional violation.

In addition to any penalty prescribed by specific statute, a person who intentionally uses aversive intervention on a pupil with a disability or intentionally violates NRS 388.499 is subject to disciplinary action pursuant to NRS 391.330 or 391.750, or both.
(Added to NRS by 1999, 3240)—(Substituted in revision for NRS 388.529)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.508 - Report of violation; corrective plan required; appointment of administrator to oversee school under certain circumstances.

1. A school where a violation of NRS 388.471 to 388.515, inclusive, occurs shall report the violation to the board of trustees of the school district not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.
2. The board of trustees of the school district where the violation occurred shall develop, in cooperation with the superintendent of schools of the school district, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the school and the board of trustees to prevent future violations.
3. The superintendent of schools of the school district shall submit the plan to the Department. The Department shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The Department may require appropriate revision of the plan to ensure compliance.
4. If the school where the violation occurred does not meet the requirements of the plan to the satisfaction of the Department, the Department may appoint a licensed administrator to oversee the school to ensure that the school meets the requirements of the plan. An administrator serves at the pleasure of the Superintendent of Public Instruction and is entitled to receive such compensation as may be set by the superintendent. A school district that contains a school for which an administrator is appointed pursuant to this subsection shall reimburse the Department for any expenses incurred by the Department pursuant to this subsection.
(Added to NRS by 1999, 3240)—(Substituted in revision for NRS 388.5295)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.511 - Retaliation for reporting violation prohibited.

An officer, administrator or employee of a public school shall not retaliate against any person for having:
1. Reported a violation of NRS 388.471 to 388.515, inclusive; or
2. Provided information regarding a violation of NRS 388.471 to 388.515, inclusive,
by a public school or a member of the staff of the public school.
(Added to NRS by 1999, 3241)—(Substituted in revision for NRS 388.531)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.513 - Reporting of denial of rights; investigation and resolution of disputes by Department.

1. A denial of rights of a pupil with a disability pursuant to NRS 388.471 to 388.515, inclusive, must be entered in the pupil’s cumulative record and a confidential file maintained for that pupil. Notice of the denial must be provided to the board of trustees of the school district or its designee.
2. If the board of trustees of a school district or its designee receives notice of a denial of rights pursuant to subsection 1, the board of trustees or its designee shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the Department.
3. The Department:
(a) Shall receive reports made pursuant to subsection 2;
(b) May investigate apparent violations of the rights of pupils with disabilities; and
(c) May act to resolve disputes relating to apparent violations.
(Added to NRS by 1999, 3241; A 2009, 921)—(Substituted in revision for NRS 388.5315)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.515 - Annual report by school districts on use of restraint and violations; compilation of reports by Department; submission of compilation to Legislature.

1. The board of trustees of each school district shall, on or before August 1 of each year, prepare a report in the form prescribed by the Department that includes, without limitation, for each school within the school district:
(a) The number of instances in which physical restraint was used at the school during the immediately preceding school year, which must indicate the number of instances per teacher employed at the school and per pupil enrolled at the school without disclosing personally identifiable information about the teacher or the pupil;
(b) The number of instances in which mechanical restraint was used at the school during the immediately preceding school year, which must indicate the number of instances per teacher employed at the school and per pupil enrolled at the school without disclosing personally identifiable information about the teacher or the pupil; and
(c) The number of violations of NRS 388.471 to 388.515, inclusive, by type of violation, which must indicate the number of violations per teacher employed at the school and per pupil enrolled at the school without disclosing personally identifiable information about the teacher or the pupil.
2. The board of trustees of each school district shall prescribe a form for each school within the school district to report the information set forth in subsection 1 to the school district and the time by which those reports must be submitted to the school district.
3. On or before August 15 of each year, the board of trustees of each school district shall submit to the Department the written report prepared by the board of trustees pursuant to subsection 1.
4. The Department shall compile the data received by each school district pursuant to subsection 3 and prepare a written report of the compilation, disaggregated by school district. On or before October 1 of each year, the Department shall submit the written compilation:
(a) In even-numbered years, to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.
(b) In odd-numbered years, to the Joint Interim Standing Committee on Education.
5. If a particular item in a report required pursuant to this section would reveal personally identifiable information about an individual pupil or teacher, that item must not be included in the report.
(Added to NRS by 2009, 918)—(Substituted in revision for NRS 388.5317)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.5155 - Definitions.

As used in NRS 388.5155 to 388.5195, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.516, 388.5165 and 388.517 have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 3936)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.5175 - Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired: Establishment; members; chair; quorum; compensation.

1. The Superintendent of Public Instruction shall establish within the Department the Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired.
2. The Superintendent shall appoint to the Committee 13 members who are the parents of pupils who are deaf, hard of hearing, blind or visually impaired, including, without limitation, pupils who are both deaf and blind, specialize in teaching or providing services to such children or perform research in a field relating to such children. The Committee must include, without limitation:
(a) At least seven members who are deaf, hard of hearing, blind or visually impaired;
(b) Members who communicate verbally using both American Sign Language and spoken English; and
(c) Members who communicate verbally using only spoken English.
3. The Superintendent of Public Instruction shall appoint a Chair of the Committee. The Committee shall meet at the call of the Chair. A majority of the members of the Committee constitutes a quorum and is required to transact any business of the Committee.
4. The members of the Committee serve without compensation and are not entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
5. A member of the Committee who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Committee and perform any work necessary to carry out the duties of the Committee in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Committee to:
(a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Committee; or
(b) Take annual leave or compensatory time for the absence.
(Added to NRS by 2019, 3936)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.518 - Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired: Duties.

The Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired shall:
1. Recommend to the State Board criteria for use by parents or guardians to evaluate the development of language and literacy skills by children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind. The criteria must be:
(a) Appropriate for use to evaluate the development of language and literacy skills by children who:
(1) Communicate using primarily spoken or written English, with or without the use of visual supplements, or American Sign Language; or
(2) Read using braille;
(b) Described in terms used to describe the typical development of children, including, without limitation, children who do not have a disability, and according to the age of the child;
(c) Aligned with the standards adopted pursuant to NRS 389.520 for English language arts and any standards adopted pursuant to that section for early childhood education; and
(d) Aligned with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and any other federal law applicable to the assessment of the development of children with disabilities.
2. Make recommendations to the State Board and, where appropriate, the Aging and Disability Services Division of the Department of Health and Human Services concerning:
(a) The development of criteria pursuant to NRS 388.519;
(b) The examination of children with disabilities pursuant to NRS 388.433; and
(c) Ways to improve the assessment of language and literacy skills by children who are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind.
(Added to NRS by 2019, 3936)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.519 - Adoption of regulations prescribing criteria for use by school employees and providers of services to evaluate development of language and literacy skills; distribution of summary of criteria; training concerning use of criteria.

1. The State Board shall, after considering the recommendations made by the Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired pursuant to NRS 388.518, prescribe by regulation criteria for use by school employees and providers of services to assess the development of language and literacy skills by children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind. The criteria must:
(a) Be based on criteria and assessments developed by persons and entities with expertise in the development of language and literacy skills by children, including, without limitation, children without a disability, who are less than 6 years of age; and
(b) Be organized according to stages of development of language and literacy skills.
2. The Department shall:
(a) Distribute to school districts, charter schools, the Aging and Disability Services Division of the Department of Health and Human Services and other entities that provide educational services to children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind, a summary of the criteria prescribed pursuant to subsection 1; and
(b) Provide to employees of the entities described in paragraph (a) training concerning the use of the criteria to assist children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind, in developing the language and literacy skills necessary for kindergarten. Such training must include, without limitation, training concerning children who communicate using spoken English and children who communicate using American Sign Language.
(Added to NRS by 2019, 3938)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.5195 - Report concerning development of language and literacy skills.

On or before July 31 of each year, the Department of Education, in collaboration with the Aging and Disabilities Services Division of the Department of Health and Human Services, shall compile and post on an Internet website maintained by the Department of Education a report of aggregated data comparing the development of language and literacy skills by children in this State who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind, with the development of such skills by such children who do not have a disability. The report must not include any personally identifiable information.
(Added to NRS by 2019, 3939)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.5223 - Eligibility for benefits.

A person with a disability is eligible to receive the benefits provided pursuant to NRS 388.5223 to 388.5243, inclusive, if:
1. The person is a resident of the State of Nevada;
2. The person is under 22 years of age, except that where the enrollment period for the school year is before his or her 22nd birthday, the person remains eligible to complete that school year irrespective of his or her age;
3. The Department of Education has prescribed minimum standards for the provision of a special education program and related services to persons with such a disability; and
4. The person’s school district:
(a) Has prepared an appropriate plan for the individualized education of the person with a disability; and
(b) Is unable to provide an appropriate special education program and related services for his or her particular disability and grade or level of education.
[466:32:1956]—(NRS A 1969, 280; 1973, 805; 1977, 371; 1979, 835; 1991, 2129; 1993, 2164, 2165)—(Substituted in revision for NRS 395.020)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.5239 - Priority of placement in homes or facilities located in this State.

Persons with disabilities who are entitled to benefits pursuant to NRS 388.5223 to 388.5243, inclusive, must be given priority of placement in homes or facilities which are located in this State and under the authority of the Department of Health and Human Services.
(Added to NRS by 1995, 961)—(Substituted in revision for NRS 395.080)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.5241 - Monitoring of children placed in foster homes and residential facilities outside State.

The Division of Child and Family Services of the Department of Health and Human Services shall, when monitoring children under its authority whom it has placed in foster homes and residential facilities outside of the State, also monitor the well-being of the persons with disabilities who have been placed in those foster homes and residential facilities pursuant to NRS 388.5223 to 388.5243, inclusive, and report to the Superintendent of Public Instruction concerning the condition of those persons with disabilities.
(Added to NRS by 1995, 961)—(Substituted in revision for NRS 395.090)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.5243 - Account for State Special Education Services: Creation; use of money in Account; regulations.

1. The Account for State Special Education Services is hereby created in the State General Fund to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Account. Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with this section.
2. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
3. The money in the Account may only be used for public schools and public education, as authorized by the Legislature, including, without limitation, the distribution of funding appropriated by the Legislature for a statewide multiplier for pupils with disabilities pursuant to NRS 387.122.
4. The State Board shall adopt regulations for the application, approval and disbursement of money commencing with the 2016-2017 school year to reimburse school districts and charter schools for extraordinary program expenses and related services which:
(a) Are not ordinarily present in the typical special education service and delivery system at a public school;
(b) Are associated with the implementation of the individualized education program of a pupil with significant disabilities, as defined by the State Board, to provide an appropriate education in the least restrictive environment; and
(c) The costs of which exceed the total funding available to the school district or charter school for the pupil.
(Added to NRS by 2015, 3730; A 2017, 2262; 2021, 1126)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.5251 - Definitions.

As used in NRS 388.5251 to 388.5267, inclusive, "gifted and talented pupil" means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.
[280:32:1956]—(NRS A 1969, 444; 1973, 1427, 1579, 1846; 1989, 691; 1993, 2159; 1999, 3241; 2007, 2919; 2009, 754; 2011, 800, 2705, 2715; 2013, 743)—(Substituted in revision for part of NRS 388.440)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.5253 - Provision of education to gifted and talented pupils.

1. The Legislature declares that funding provided for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to gifted and talented pupils residing in Nevada.
2. Subject to the provisions of NRS 388.5251 to 388.5267, inclusive, the board of trustees of each school district shall make such special provisions as may be necessary for the education of gifted and talented pupils.
3. The board of trustees of a school district shall establish uniform criteria governing eligibility for instruction under the special education programs provided for by NRS 388.5251 to 388.5267, inclusive. The criteria are subject to such standards as may be prescribed by the State Board.
[281:32:1956]—(NRS A 1969, 445, 887; 1973, 1428; 1979, 1596; 1993, 2159; 1995, 679; 1999, 1966; 2009, 755; 2011, 1248; 2015, 3726)—(Substituted in revision for part of NRS 388.450)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.5257 - Pupils not required to take advantage of special provisions for education.

A pupil must not be required to take advantage of the special provisions for the education of gifted and talented pupils if the parent or guardian of the pupil files a statement with the board of trustees of the school district showing that the pupil is receiving adequate educational advantages.
[282:32:1956]—(NRS A 1969, 445; 1973, 1428; 1993, 2159)—(Substituted in revision for part of NRS 388.460)
2023 Nevada Revised Statutes › Chapter 388 - System of Public Instruction › NRS 388.5259 - Placement of child in special program.

1. Before any child is placed in a special program for gifted and talented pupils:
(a) A consultation must be held with the child’s parents or guardian.
(b) An examination must be conducted for the purpose of finding the extent to which the child deviates from normal growth and development patterns. The examination must be conducted in accordance with standards prescribed by the State Board.
2. A psychiatrist may be consulted in any specific case when the board of trustees of a school district deems it necessary.
[283:32:1956]—(NRS A 1973, 1428; 1979, 1596; 1993, 2159; 1999, 1966; 2009, 2616)—(Substituted in revision for part of NRS 388.470)