ALTERNATIVE SCHOOL CHOICES

Nev. Rev. Stat. 388D

in effect

Nev. Rev. Stat. § 388D.010 Parent defined.

As used in NRS 388D.010 to 388D.060, inclusive, parent means the parent, custodial parent, legal guardian or other person in this State who has control or charge of a child and the legal right to direct the education of the child.

Nev. Rev. Stat. § 388D.020 Notice of intent to homeschool; acknowledgment of notification.

1. If the parent of a child who is subject to compulsory enrollment and attendance wishes to homeschool the child, the parent must file with the superintendent of schools of the school district in which the child resides a written notice of intent to homeschool the child. The Department shall develop a standard form for the notice of intent to homeschool. The form must not require any information or assurances that are not otherwise required by this section or other specific statute. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents who wish to homeschool their child. 2. The notice of intent to homeschool must be filed before beginning to homeschool the child or: (a) Not later than 10 days after the child has been formally withdrawn from enrollment in public school; or (b) Not later than 30 days after establishing residency in this State. 3. The purpose of the notice of intent to homeschool is to inform the school district in which the child resides that the child is exempt from the requirement of compulsory enrollment and attendance. 4. If the name or address of the parent or child as indicated on a notice of intent to homeschool changes, the parent must, not later than 30 days after the change, file a new notice of intent to homeschool with the superintendent of schools of the school district in which the child resides. 5. A notice of intent to homeschool must include only the following: (a) The full name, age and gender of the child; (b) The name and address of each parent filing the notice of intent to homeschool; (c) A statement signed and dated by each such parent declaring that the parent has control or charge of the child and the legal right to direct the education of the child, and assumes full responsibility for the education of the child while the child is being homeschooled; (d) An educational plan for the child that is prepared pursuant to NRS 388D.050 ; (e) If applicable, the name of the public school in this State which the child most recently attended; and (f) An optional statement that the parent may sign which provides: I expressly prohibit the release of any information contained in this document, including, without limitation, directory information as defined in 20 U.S.C. § 1232g(a)(5)(A), without my prior written consent. 6. Each superintendent of schools of a school district shall accept notice of intent to homeschool that is filed with the superintendent pursuant to this section and meets the requirements of subsection 5, and shall not require or request any additional information or assurances from the parent who filed the notice. 7. The school district shall provide to a parent who files a notice a written acknowledgment which clearly indicates that the parent has provided notification required by law and that the child is being homeschooled. The written acknowledgment shall be deemed proof of compliance with Nevadas compulsory school enrollment and attendance law. The school district shall retain a copy of the written acknowledgment for not less than 15 years. The written acknowledgment may be retained in electronic format.

Nev. Rev. Stat. § 388D.030 Release of childs records.

The superintendent of schools of a school district shall process a written request for a copy of the records of the school district, or any information contained therein, relating to a child who is being or has been homeschooled not later than 5 days after receiving the request. The superintendent of schools may only release such records or information: 1. To a person or entity specified by the parent of the child, or by the child if the child is at least 18 years of age, upon suitable proof of identity of the parent or child; or 2. If required by specific statute.

Nev. Rev. Stat. § 388D.040 Admittance or entrance to school; participation in examinations.

1. If a child who is or was homeschooled seeks admittance or entrance to any school in this State, the school may use only commonly used practices in determining the academic ability, placement or eligibility of the child. If the child enrolls in a charter school, the charter school shall, to the extent practicable, notify the board of trustees of the school district in which the child resides of the childs enrollment in the charter school. Regardless of whether the charter school provides such notification to the board of trustees, the charter school may count the child who is enrolled for the purposes of the apportionment to the charter school pursuant to NRS 387.1241 . A homeschooled child seeking admittance to public high school must comply with NRS 392.033 . 2. A school or organization shall not discriminate in any manner against a child who is or was homeschooled. 3. Each school district shall allow homeschooled children to participate in all college entrance examinations offered in this State, including, without limitation, the SAT, the ACT, the Preliminary SAT and the National Merit Scholarship Qualifying Test. Each school district shall ensure that the homeschooled children who reside in the school district have adequate notice of the availability of information concerning such examinations on the Internet website of the school district maintained pursuant to NRS 390.015 .

Nev. Rev. Stat. § 388D.050 Educational plan.

1. The parent of a child who is being homeschooled shall prepare an educational plan of instruction for the child in the subject areas of English language arts, mathematics, science and social studies, including history, geography, economics and government, as appropriate for the age and level of skill of the child as determined by the parent. 2. The educational plan must be included in the notice of intent to homeschool filed pursuant to NRS 388D.020 . If the educational plan contains the requirements of NRS 388D.020 , the educational plan must not be used in any manner as a basis for denial of a notice of intent to homeschool that is otherwise complete. The parent must be prepared to present the educational plan of instruction and proof of the identity of the child to a court of law if required by the court. 3. This section does not require a parent to ensure that each subject area is taught each year that the child is homeschooled.

Nev. Rev. Stat. § 388D.060 Discrimination prohibited.

No regulation or policy of the State Board, any school district or any other governmental entity may infringe upon the right of a parent to educate his or her child based on religious preference unless it is: 1. Essential to further a compelling governmental interest; and 2. The least restrictive means of furthering that compelling governmental interest.

Nev. Rev. Stat. § 388D.070 Form for participation in programs and activities at public school or through Nevada Interscholastic Activities Association.

1. The Department shall develop a standard form for the notice of intent of a homeschooled child to participate in programs and activities. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents of homeschooled children. 2. The notice developed pursuant to subsection 1 must include the information required in the notice of intent to homeschool pursuant to NRS 388D.020 , excluding the educational plan for the homeschooled child. 3. If a homeschooled child wishes to participate in classes, activities, programs, sports or interscholastic activities and events at a public school or through a school district, or through the Nevada Interscholastic Activities Association, the parent of the child must file a current notice of intent to participate with the school district in which the child resides.

Nev. Rev. Stat. § 388D.200 Payment of tutoring or other educational services for child who is employed to work in entertainment industry.

Except as otherwise provided in this section, if a child is exempt from compulsory enrollment and attendance pursuant to NRS 392.070 and the child is employed to work in the entertainment industry pursuant to a written contract for a period of more than 91 school days, or its equivalent if the child resides in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, including, without limitation, employment with a motion picture company or employment with a production company hired by a casino or resort hotel, the entity that employs the child shall, upon the request of the parent or legal guardian of the child, pay the costs for the child to receive at least 3 hours of tutoring per day for at least 5 days per week. In lieu of tutoring, the parent or legal guardian of such a child may agree with the entity that employs the child that the entity will pay the costs for the child to receive other educational or instructional services which are equivalent to tutoring. The provisions of this section apply during the period of a childs employment with an entity, regardless of whether the child has obtained the appropriate exemption from compulsory enrollment and attendance at the time his or her contract with the entity is under negotiation.

Nev. Rev. Stat. § 388D.250 Short title.

NRS 363A.139, 363B.119 and 388D.250 to 388D.292, inclusive, may be cited as the Nevada Educational Choice Scholarship Program.

Nev. Rev. Stat. § 388D.260 Scholarship organization defined.

As used in NRS 388D.250 to 388D.296, inclusive, unless the context otherwise requires, scholarship organization means an organization in this State that meets the requirements set forth in NRS 388D.270.

Nev. Rev. Stat. § 388D.270 Requirements for scholarship organization; grants provided by scholarship organization on behalf of pupils; records; report on academic progress of pupils; regulations; consequences of noncompliance.

1. A scholarship organization must: (a) Be exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3). (b) Not own or operate any school in this State, including, without limitation, a private school, which receives any grant money pursuant to the Nevada Educational Choice Scholarship Program. (c) Accept donations from taxpayers and other persons and may also solicit and accept gifts and grants. (d) Not expend more than 5 percent of the total amount of money accepted pursuant to paragraph (c) to pay its administrative expenses. (e) Provide grants on behalf of pupils who are members of a household that has a household income which is not more than 300 percent of the federally designated level signifying poverty to allow those pupils to attend schools in this State chosen by the parents or legal guardians of those pupils, including, without limitation, private schools. The total amount of a grant provided by the scholarship organization on behalf of a pupil pursuant to this paragraph must not exceed $7,755 for Fiscal Year 2015-2016. (f) Not limit to a single school the schools for which it provides grants. (g) Except as otherwise provided in paragraph (e), not limit to specific pupils the grants provided pursuant to that paragraph. 2. The maximum amount of a grant provided by the scholarship organization pursuant to paragraph (e) of subsection 1 must be adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On May 1 of each year, the Department of Education shall determine the amount of increase required by this subsection, establish the adjusted amounts to take effect on July 1 of that year and notify each scholarship organization of the adjusted amounts. The Department of Education shall also post the adjusted amounts on its Internet website. 3. A grant provided on behalf of a pupil pursuant to subsection 1 must be paid directly to the school chosen by the parent or legal guardian of the pupil. Each school that receives such a grant, including, without limitation, a private school, must comply with the requirements set forth in NRS 388D.294 and 388D.296 . 4. A scholarship organization shall provide each taxpayer and other person who makes a donation, gift or grant of money to the scholarship organization pursuant to paragraph (c) of subsection 1 with an affidavit, signed under penalty of perjury, which includes, without limitation: (a) A statement that the scholarship organization satisfies the requirements set forth in subsection 1; and (b) The total amount of the donation, gift or grant made to the scholarship organization. 5. Each school in which a pupil is enrolled for whom a grant is provided by a scholarship organization shall maintain a record of the academic progress of the pupil. The record must be maintained in such a manner that the information may be aggregated and reported for all such pupils. On or before August 1 of each year, each school in which a pupil is enrolled for whom a grant is provided by a scholarship organization shall submit to the Department of Education a report on the academic progress of all such pupils enrolled in the school during the immediately preceding school year. The report must be in such form as the Department may prescribe by regulation and: (a) Include, without limitation: (1) The name and grade level of each such pupil; (2) Information concerning the academic performance of each such pupil, including, without limitation, grades and progress assessments; (3) Information concerning any disciplinary action taken against each such pupil, including, without limitation, if the pupil was suspended or expelled; and (4) A comparison of the academic performance of each such pupil during the immediately preceding school year and the school year before that, if the pupil attended the school both years or information is otherwise available for both years. (b) Be accompanied by a statement signed by the owner, executive head or chair of the governing body of the school certifying under penalty of perjury that, to the best of his or her knowledge or belief, the information included in the report is complete and accurate. 6. The Department of Education: (a) Shall adopt regulations prescribing the contents of and procedures for applications for grants provided pursuant to subsection 1. (b) May adopt such other regulations as the Department determines necessary to carry out the provisions of this section. (c) Shall compile and analyze the data submitted by schools pursuant to subsection 5 to evaluate the impact of the Nevada Educational Choice Scholarship Program and submit, on or before February 1 of each year, an anonymized summary of the data and any recommendations for legislation to: (1) The Governor; (2) The State Board; and (3) The Director of the Legislative Counsel Bureau for transmittal to: (I) In odd-numbered years, the next regular session of the Legislature; and (II) In even-numbered years, the Joint Interim Standing Committee on Education. 7. The reporting required pursuant to subsections 5 and 6 must be performed in a manner that complies with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any other applicable state and federal privacy laws. 8. If a school fails to comply with the provisions of subsection 5, the Department of Education may suspend or disqualify the school from receiving grants on behalf of pupils under the Nevada Educational Choice Scholarship Program. A scholarship organization shall not make a grant on behalf of a pupil to a school that has been suspended or disqualified from receiving grants pursuant to this subsection. 9. As used in this section, private school has the meaning ascribed to it in NRS 394.103 .

Nev. Rev. Stat. § 388D.280 Submission of report to Department of Education required.

A scholarship organization which receives a donation, gift or grant of money described in NRS 388D.270 shall report to the Department of Education, on or before January 31 of each year, on a form prescribed by the Department: 1. The name, address and contact information of the scholarship organization; 2. The total number of such donations, gifts and grants received by the scholarship organization during the immediately preceding calendar year; 3. The total dollar amount of such donations, gifts and grants received during the immediately preceding calendar year; 4. The total number of pupils for whom the scholarship organization made grants during the immediately preceding calendar year pursuant to NRS 388D.270 ; 5. The total dollar amount of such grants made during the immediately preceding calendar year; and 6. For each school for which such a grant was made during the immediately preceding calendar year: (a) The name and address of the school; (b) The number of pupils enrolled in the school for whom such a grant was made; and (c) The total dollar amount of such grants provided for pupils enrolled in the school.

Nev. Rev. Stat. § 388D.282 Scholarship organization required to register with Department to participate in Program.

To participate in the Nevada Educational Choice Scholarship Program, a scholarship organization must register with the Department of Education by providing: 1. On a form provided by the Superintendent of Public Instruction: (a) The name, address and contact information of the scholarship organization; and (b) If the scholarship organization uses a fiscal year other than July 1 to June 30, the period of the fiscal year used by the scholarship organization; 2. Evidence of an official declaration by the Internal Revenue Service that the scholarship organization qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c); 3. Confirmation that the scholarship organization is incorporated pursuant to chapter 82 of NRS; 4. A copy of the written procedures established pursuant to subsection 2 of NRS 388D.290 ; and 5. An affidavit signed by the chief executive officer or president or chair of the board of directors of the scholarship organization under penalty of perjury stating that: (a) No member of the board of directors or employee of the scholarship organization: (1) Has declared bankruptcy within the 7 years immediately preceding the date on which the affidavit is submitted; or (2) Has ever been convicted of a felony; and (b) Neither the scholarship organization nor any member of the board of directors or employee thereof owns or operates a school in this State that receives grant money from the Nevada Educational Choice Scholarship Program.

Nev. Rev. Stat. § 388D.284 Scholarship organization to provide Department with list containing certain information for each pupil awarded grant.

1. Each scholarship organization that is registered with the Department of Education pursuant to NRS 388D.282 shall: (a) Not later than October 15, January 15, March 15 and June 15 of each year, provide to the Department in a format prescribed by the Department an electronic list of each pupil on behalf of whom the scholarship organization awarded a grant pursuant to NRS 388D.270 for the previous quarter. The electronic list must include: (1) Demographic information for each pupil, including, without limitation, the name, date of birth, grade level, gender and race or ethnicity of the pupil, whether the pupil has a disability, the household income of the pupil calculated pursuant to NRS 388D.290 and the name and address of the parent or guardian of the pupil; (2) The amount of each grant provided on behalf of a pupil; (3) Whether the pupil received any other scholarships in addition to the grant; (4) The manner in which money from each grant has been used, including, without limitation: (I) The name of each school that has received money from a grant; (II) The tuition and fees charged by each school; and (III) Any portion of such money that has been used to pay for transportation to and from the school; and (5) The number of applications for a grant received by the scholarship organization for which a grant was not awarded and the reason that a grant was not awarded in each case. (b) Annually submit to the Department the name of: (1) The school attended by each pupil on whose behalf a grant is provided during the school year immediately preceding the school year for which the grant is awarded or, if such a pupil was not enrolled in a school, whether the pupil was a homeschooled child, an opt-in child or was not required to attend school pursuant to NRS 392.040 for that school year; and (2) The last public school, if any, attended by each pupil on whose behalf a grant is provided. 2. The Department of Education shall annually: (a) Compile the information submitted by each scholarship organization pursuant to subsection 1; and (b) Review the information to determine whether to recommend legislation to revise the priority for awarding grants to the Legislature.

Nev. Rev. Stat. § 388D.286 Scholarship organization to provide financial statement to Department; notification of Department of certain circumstances preventing scholarship organization from participation in Program; inspection of certain records.

Each scholarship organization that is registered with the Department of Education pursuant to NRS 388D.282 shall: 1. Not more than 180 days after the conclusion of the fiscal year of the scholarship organization, submit to the Department of Education a copy of an audited or compiled financial statement of the scholarship organization prepared by an independent certified public accountant. 2. If the scholarship organization no longer meets the qualifications prescribed by law to participate in the Nevada Educational Choice Scholarship Program as a scholarship organization or ceases to exist, notify the Department within 30 days. Upon receiving such notification, the Department of Education shall update the directory maintained pursuant to NRS 388D.292 and notify the Department of Taxation. 3. Within 72 hours after receiving notice from the Superintendent of Public Instruction or his or her designee, make any financial records of the scholarship organization or records concerning a pupil maintained by the scholarship organization available to the Superintendent or his or her designee for inspection during regular business hours.

Nev. Rev. Stat. § 388D.288 Scholarship organization to notify Department of Taxation of certain donations; prohibition on carrying forward donation past certain date.

1. A scholarship organization that is registered with the Department of Education pursuant to NRS 388D.282 shall notify the Department of Taxation in writing not more than 10 days after receiving a donation from a taxpayer pursuant to NRS 363A.139 or 363B.119 , as applicable, of the amount of the donation. 2. Any donation received by a scholarship organization must not be carried forward for more than 5 years after the last day of the calendar year in which the donation is made.

Nev. Rev. Stat. § 388D.290 Application to receive grant from scholarship organization; application requirements; priority of awarding grants.

1. The parent or guardian of a pupil who meets the requirements to receive a grant pursuant to NRS 388D.270 may apply to a scholarship organization registered with the Department of Education pursuant to NRS 388D.282 for such a grant. A scholarship organization may charge each family that applies for a grant on behalf of one or more children of the family an administrative fee of not more than $25. 2. A scholarship organization shall: (a) Establish written procedures that the scholarship organization will use to determine whether a pupil meets the requirements to receive a grant pursuant to NRS 388D.270 and to award grants on behalf of pupils. (b) Post the procedures established pursuant to paragraph (a) on an Internet website maintained by the scholarship organization and provide a written copy of the procedures with each application form. (c) Provide an application form to be completed by an applicant for a grant. A scholarship organization may only award a grant on behalf of a pupil for whom a complete application is submitted but is not required to award a grant to a pupil solely because his or her application is complete. (d) Verify annually that each pupil on behalf of whom the scholarship organization awards a grant is a member of a household that has a household income which is not more than 300 percent of the federally designated level signifying poverty. Such verification must: (1) Use the most recent federal poverty guidelines published in the Federal Register by the United States Department of Health and Human Services; and (2) Calculate household income based on the information reported in the application submitted on behalf of the pupil and in accordance with the most recent guidance established by the Food and Nutrition Service of the United States Department of Agriculture for determining eligibility of pupils for free and reduced-price meals. 3. A scholarship organization shall award grants on behalf of pupils in the following order of priority: (a) A grant must be awarded for the current school year on behalf of a pupil for whom a completed application was received on or before the deadline for the submission of such applications by the scholarship organization and on whose behalf a grant was awarded for the immediately preceding school year before a grant is awarded on behalf of any other pupil. (b) A grant must be awarded on behalf of a pupil for whom a completed application was received on or before the deadline for the submission of such applications by the scholarship organization and who is the sibling of a pupil on whose behalf a grant has been awarded for the current school year before a grant is awarded on behalf of other pupils. (c) A grant must be awarded on behalf of a pupil who is not described in paragraph (a) or (b) in the order in which the completed application is received. If there are an insufficient number of grants available to award a grant on behalf of each pupil for whom a complete application was received on the same day: (1) A grant must be awarded on behalf of a pupil who is a member of a household that has a lower household income before a grant is awarded on behalf of a pupil who is a member of a household that has a higher household income; (2) If two or more applicants are members of households that have the same household income, a grant must be awarded on behalf of the pupil who is enrolled in a public school that has received a lower rating based on the most recent annual report of the statewide system of accountability for public schools before a grant is awarded on behalf of a pupil who is enrolled in a public school that has received higher ratings; and (3) If two or more applicants are members of households that have the same household income and attend public schools that received the same rating based on the most recent annual report of the statewide system of accountability for public schools, grants must be awarded on behalf of pupils in this category on a random basis.

Nev. Rev. Stat. § 388D.292 Department to maintain directory of scholarship organizations; submission of certain information reported by scholarship organizations.

The Department of Education shall: 1. Maintain on its Internet website a directory of each scholarship organization that is registered with the Department pursuant to NRS 388D.282 and, not later than September 30, December 30, March 30 and June 30 of each year, submit to the Department of Taxation a list of each such scholarship organization. 2. Not later than March 30 of each year, submit to the Governor, the State Board of Education and the Director of the Legislative Counsel Bureau a summary of the information reported to the Department by each scholarship organization pursuant to NRS 388D.280 .

Nev. Rev. Stat. § 388D.294 Report containing certain information concerning certain pupils; disaggregation of information in report; regulations; consequences for failure to properly submit report; Department to prepare report concerning pupils who received grant and withdrew from enrollment.

1. Each school, including, without limitation, a private school, that receives a grant of money on behalf of a pupil pursuant to subsection 1 of NRS 388D.270 shall report to the Department, on or before July 1 of each year, on a form prescribed by the Department: (a) The total number of pupils enrolled in the school for whom a grant was made during the immediately preceding school year; and (b) The total number of pupils for whom a grant was made during the immediately preceding school year who were no longer enrolled in the school at the end of the school year, including the number of pupils who: (1) Were expelled from the school and the reason for the expulsion; (2) Withdrew from enrollment in the school due to a voluntary decision by the pupil or the parent or guardian of the pupil and the stated reason for the decision; (3) After withdrawing from enrollment, as described in subparagraph (2): (I) Enrolled in a public school in this State; (II) Enrolled in a private school in this State; (III) Began homeschooling pursuant to NRS 388D.020 ; or (IV) Were deemed a truant or declared a habitual truant pursuant to NRS 392.130 or 392.140 , respectively; and (4) Withdrew from enrollment in the school and were credit deficient in, or failed or were failing courses in at least one of the core academic subjects set forth in NRS 389.018 . 2. The information reported pursuant to subsection 1 must be disaggregated by: (a) Grade level; (b) Gender; (c) Pupils from major racial and ethnic groups; (d) Pupils with disabilities; and (e) Pupils who are economically disadvantaged. 3. The Department shall adopt regulations establishing a method for schools to track the information that is required to be reported pursuant to subsection 1. 4. Each school, including, without limitation, each private school, that receives a grant of money on behalf of a pupil pursuant to subsection 1 of NRS 388D.270 and does not comply with the requirements set forth in subsections 1 and 2 is ineligible to receive such grants of money during the subsequent school year. 5. The Department shall, on or before January 1 of each even-numbered year, prepare a report containing information on pupils who withdraw from enrollment as described in paragraph (b) of subsection 1. The Department shall: (a) Prepare the report by aggregating the data received pursuant to paragraph (b) of subsection 1; (b) Submit the report to the State Board and the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Education; and (c) Publish the report on the Internet website maintained by the Department. 6. As used in this section, private school has the meaning ascribed to it in NRS 394.103 .

Nev. Rev. Stat. § 388D.296 Administration of certain examinations and assessments to pupil on whose behalf grant is provided; provision of results to Department; regulations; consequences for noncompliance; report.

1. Each school, including, without limitation, a private school, that receives a grant of money on behalf of a pupil pursuant to subsection 1 of NRS 388D.270 shall ensure that each pupil for whom such a grant is made: (a) Is administered each of the examinations required by this State pursuant to NRS 390.105 or equivalent national examinations that are norm-referenced; and (b) If the pupil is an English learner, is administered the assessment required pursuant to NRS 390.810 . 2. Each school that administers any examinations or assessments pursuant to subsection 1 shall, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, provide the results of the examinations and assessments to the Department. The results must be disaggregated by: (a) The grade in which the pupil is enrolled; (b) The gender of the pupil; (c) The race and ethnicity of the pupil; (d) Whether the pupil has a disability; and (e) Whether the pupil is economically disadvantaged. 3. The Department shall adopt regulations: (a) Establishing a method for schools to track the information that is required to be provided pursuant to subsection 2; and (b) Prescribing requirements for the administration of an examination or assessment pursuant to subsection 1 by a private school. 4. Each school, including, without limitation, each private school, that receives a grant of money on behalf of a pupil pursuant to subsection 1 of NRS 388D.270 that does not comply with the requirements set forth in subsections 1 and 2 in a school year is ineligible to receive such grants of money during the subsequent school year. 5. The Department shall, on or before January 1 of each even-numbered year, prepare a report containing information on the results of examinations and assessments provided to the Department pursuant to subsection 2. The Department shall: (a) Prepare the report by aggregating the information received pursuant to subsection 2; (b) Submit the report to the State Board and the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Education; and (c) Publish the report on the Internet website maintained by the Department. 6. As used in this section, private school has the meaning ascribed to it in NRS 394.103 .

Nev. Rev. Stat. § 388D.300 Definitions.

As used in NRS 388D.300 to 388D.370, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388D.305, 388D.310 and 388D.315 have the meanings ascribed to them in those sections.

Nev. Rev. Stat. § 388D.305 Challenge school defined.

Challenge school means a public high school that: 1. Is administered by the Office of the Military; 2. Is established through an agreement between the Office of the Military, the Superintendent of Public Instruction and the board of trustees of a school district; and 3. Provides a full-time alternative program of education in accordance with the Nevada National Guard Youth Challenge Program created by NRS 388D.320 .

Nev. Rev. Stat. § 388D.310 Participant defined.

Participant means a person who has been approved by the Office of the Military to participate in the Program. The term includes: 1. A pupil enrolled in a challenge school; and 2. A person participating in the nonresidential component of the Program.

Nev. Rev. Stat. § 388D.315 Program defined.

Program means the Nevada National Guard Youth Challenge Program created by NRS 388D.320.

Nev. Rev. Stat. § 388D.320 Creation and contents of Program; application; eligibility criteria; regulations.

1. The Nevada National Guard Youth Challenge Program is hereby created for the purposes of educating, training and mentoring youth who have dropped out of high school or who are at risk of dropping out of high school so that they may become productive, employed and law-abiding citizens. 2. The Office of the Military shall administer the Program. The Program must include: (a) The establishment of a challenge school located within a school district in this State. (b) A residential component lasting at least 22 weeks. (c) Courses of study provided during the residential component described in paragraph (b) that include, without limitation: (1) Courses focusing on academic excellence, life coping skills, employment skills, health and hygiene, responsible citizenship, service to the community, leadership and followership skills and physical fitness; and (2) Courses that allow a participant to receive credit in accordance with the agreement entered into pursuant to NRS 388D.330 . (d) A nonresidential component lasting at least 12 months following the completion of the residential component. (e) One-on-one mentoring with a participant during the nonresidential component described in paragraph (d). (f) Monitoring of the participant by a case manager during the nonresidential component described in paragraph (d). 3. A person who wishes to apply to participate in the Program must submit an application on a form prescribed by the Office of the Military. The Office of the Military shall establish guidelines for the submission and review of applications to participate in the Program. Such guidelines must give special consideration to an eligible child of a military family, as defined in NRS 388F.010 . 4. The Office of the Military shall establish criteria governing eligibility for a person to participate in the Program. Such criteria must: (a) Require a person to be a Nevada resident to participate in the Program. (b) Provide that a child in foster care or going through the process of adoption is eligible to participate in the Program. 5. The Office of the Military shall adopt regulations necessary to establish and administer the Program created pursuant to this section. The regulations must be consistent with 32 U.S.C. § 509 and the regulations adopted pursuant thereto.

Nev. Rev. Stat. § 388D.325 Creation and administration of Program Account; acceptance of certain money.

1. The Nevada National Guard Youth Challenge Program Account is hereby created in the State General Fund. 2. The Office of the Military shall administer the Account. The money in the Account must be expended only to carry out the provisions of NRS 388D.300 to 388D.370 , inclusive. 3. The Office of the Military may apply for and accept any gift, donation, bequest, grant, transfer from the State or a school district or other source of money for deposit in the Account. 4. The interest and income earned on the money in the Account, after deducting applicable charges, must be credited to the Account. 5. The money in the Account must remain in the Account and does not revert to the State General Fund at the end of any fiscal year.

Nev. Rev. Stat. § 388D.330 Agreement to establish challenge school; challenge school deemed public school.

1. The Office of the Military shall enter into an agreement with the Superintendent of Public Instruction and the board of trustees of a school district to establish a challenge school. The agreement must: (a) Specify the physical location of the facilities of the challenge school. (b) Set forth the method in which the Superintendent of Public Instruction will count enrollment and calculate the average daily attendance of pupils enrolled at a challenge school for the purposes of apportionments and allowances from the State Education Fund pursuant to NRS 387.121 to 387.12468 , inclusive. The method must count a pupil enrolled in a challenge school as a full-time pupil notwithstanding the schedule for the program of instruction provided by the challenge school. (c) Set forth the schedule for the program of instruction the challenge school will provide. Such a schedule may include: (1) A shorter school day or an opportunity for participants to attend a longer day than regularly provided in the school district. (2) An opportunity for participants to attend courses of instruction during any part of the calendar year. (d) Prescribe the courses of study provided by the challenge school for which credits may be received pursuant to NRS 388D.345 and the amount of credit allowed for the completion of those courses of study. (e) Set forth the provisions of this title that the Superintendent of Public Instruction agrees to waive with respect to the challenge school pursuant to NRS 388D.335 . (f) Set forth any other provisions the parties deem necessary to carry out the provisions of NRS 388D.300 to 388D.370 , inclusive. 2. Upon the execution of an agreement pursuant to subsection 1, a challenge school shall be deemed a public school pursuant to NRS 385.007 located within the school district that is a party to the agreement and is entitled to receive money from the State.

Nev. Rev. Stat. § 388D.335 Challenge school exempt from provisions of chapter 389 of NRS; exception; waiver of other provisions of title.

Except as otherwise provided by specific statute and by regulation of the State Board as determined necessary by the Superintendent of Public Instruction, the provisions of chapter 389 of NRS do not apply to a challenge school. The Superintendent of Public Instruction may waive any other provision of this title with respect to a challenge school as the Superintendent may determine necessary.

Nev. Rev. Stat. § 388D.340 Duties of Superintendent of Public Instruction.

The Superintendent of Public Instruction shall: 1. Authorize any pupil who is admitted to a challenge school to enroll in that school in lieu of enrolling in the high school the pupil is otherwise scheduled to attend. 2. Adopt regulations to carry out the provisions of NRS 388D.300 to 388D.370 , inclusive, with which each challenge school must comply.

Nev. Rev. Stat. § 388D.345 Development of curriculum for challenge school; credit for course of study completed at challenge school.

1. The Office of the Military shall develop a curriculum to be used by a challenge school based upon the individual needs of participants in the Program and establish standards of content and performance for the courses of study offered by a challenge school. 2. A pupil enrolled in high school, including, without limitation, a pupil enrolled in grade 9, 10, 11 or 12 in a charter school or a pupil enrolled in a program designed to meet the requirements of an adult standard diploma, who successfully completes a course of study offered by a challenge school must be allowed to apply the credit received for the course completed to the total number of credits required for graduation from the high school or the charter school in which the pupil is enrolled or the credits required for receipt of an adult standard diploma, as applicable.

Nev. Rev. Stat. § 388D.350 Compliance with federal law required.

A challenge school shall comply with all applicable federal laws to prevent the loss of any federal money for education provided to the State of Nevada and the school districts in this State by the Federal Government.

Nev. Rev. Stat. § 388D.355 Rules of behavior for pupils; procedure for suspension or expulsion; rules for truancy.

1. The Office of the Military shall adopt: (a) Written rules of behavior for pupils enrolled in a challenge school, including, without limitation, prohibited acts; and (b) Appropriate punishments for violations of the rules. 2. Except as otherwise provided in subsection 3, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the challenge school shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity to be heard and rebut the evidence. 3. A pupil may be removed from a challenge 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 the removal, for his or her suspension or expulsion, if the pupil: (a) Poses a continuing danger to persons or property; (b) Poses an ongoing threat of disrupting the academic process; (c) Sells or distributes any controlled substance; or (d) Is found to be in possession of a dangerous weapon as provided in NRS 392.466 . 4. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be: (a) Distributed to each new pupil who enrolls in a challenge school; and (b) Available for public inspection at a challenge school. 5. The Office of the Military may adopt rules relating to the truancy of pupils who are enrolled at a challenge school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220 , inclusive. If the Office of the Military adopts rules governing truancy, the Office shall include the rules in the written rules adopted pursuant to subsection 1.

Nev. Rev. Stat. § 388D.360 Submission of information by school district for purpose of accountability and reporting expenditures of challenge school.

Each school district in which a challenge school is located shall submit to the Department in a format prescribed by the Department such information as requested by the Superintendent of Public Instruction for the purpose of accountability and reporting expenditures for the challenge school.

Nev. Rev. Stat. § 388D.365 Apportionments to challenge school.

1. Each pupil who is enrolled in a challenge school must be included in the count of pupils in the school district in which the challenge school is located for the purposes of apportionments and allowances from the State Education Fund pursuant to NRS 387.121 to 387.12468 , inclusive. 2. A challenge school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the challenge school or the pupils enrolled in the challenge school are eligible to receive. 3. If a challenge school ceases to operate pursuant to NRS 388D.300 to 388D.370 , inclusive, the remaining apportionments that would have been made to the challenge school pursuant to NRS 387.124 for that school year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the challenge school reside.

Nev. Rev. Stat. § 388D.370 Designation of person to draw orders for payment of money belonging to challenge school; procedure for approval of orders; immunity from certain actions for collection of bill.

For each challenge school: 1. The Office of the Military shall designate a person to draw all orders for the payment of money belonging to the challenge school. The orders must be listed on cumulative voucher sheets. 2. The Office of the Military shall prescribe the procedures by which the orders must be approved and the cumulative voucher sheets signed. 3. An action may not be maintained against the Office of the Military or against a challenge school to collect upon a bill not presented for payment to the Office of the Military within 6 months after the bill was incurred.

Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-388D.htmlFetched: 10/4/2026