Title 34

NRS 388.4055 Regulations. The Department may adopt regulations as necessary to carry out the provisions of NRS 385A.495 and 388.405 to 388.4081, inclusive. (Added to NRS by 2021, 1385; A 2025, 2672)

NRS 388.406 Rights of English learners. 1. A pupil who is an English learner has the right to: (a) Receive a free appropriate public education regardless of the immigration status or primary language of the pupil or the parent or legal guardian of the pupil; (b) Equal access to a…

NRS 388.407 Board of trustees required to develop policy for instruction to teach English and plan to ensure policy achieves objectives; monitoring of implementation by Department, in consultation with designated administrator; purchase of assessment to measure literacy. 1. The b…

NRS 388.4071 Board of trustees required to ensure each teacher receive training concerning English language acquisition; Department to develop and provide guidance concerning such training. 1. The board of trustees of each school district shall ensure that each licensed teacher e…

NRS 388.4073 Board of trustees required to collect certain data; reports. 1. The board of trustees of each school district shall determine the number and percentage of pupils enrolled in schools within the school district who are: (a) Immigrants; (b) Refugees; (c) Newcomers to th…

NRS 388.4077 Board of trustees required to post certain budgetary information on Internet website. The board of trustees of each school district shall post annually on its Internet website information on the manner in which the school district uses money received pursuant to Titl…

NRS 388.408 Certain schools required to adopt corrective action plan; enrollment in other schools of pupils who attend school that adopts plan; reporting of information concerning plans. Repealed. (See chapter 419, Statutes of Nevada 2025, at page 2676.)

NRS 388.4081 Designation of administrator to fill role supporting pupils who are English learners; qualifications; duties. 1. The superintendent of each school district shall designate an administrator to serve in a role supporting pupils who are English learners for the school d…

NRS 388.417 Definitions. As used in NRS 388.417 to 388.515, inclusive: 1. “Communication mode” means any system or method of communication used by a person with a disability, including, without limitation, a person who is deaf or whose hearing is impaired, to facilitate communica…

NRS 388.419 Use of form for development, review and revision of individualized education program; minimum standards for special education and early intervening services; limitation on apportionment of state money for instruction. 1. The Department shall: (a) Prescribe a form that…

NRS 388.422 Provision of information to parents or guardians of pupils with certain plans concerning services for children with disabilities. The Department shall provide to each school district and charter school in this State information concerning services for children with di…

NRS 388.423 Department required to prepare report in event of repeal of federal Individuals with Disabilities Education Act; contents of report; submission of report. 1. If the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and any regulations adopted pur…

NRS 388.429 Provision of education to pupils; authorization for certain school districts to provide early intervening services; uniform criteria for eligibility for instruction. 1. The Legislature declares that funding provided for each school year establishes financial resources…

NRS 388.431 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 pupils with disabilities if the parent or guardian of the pupil files a statement with the board of…

NRS 388.433 Placement of child in special program; required provision of comparable services to child who transfers to school in this State. 1. Except as otherwise provided in subsection 4, before any child is placed in a special program for pupils with disabilities: (a) A consul…

NRS 388.435 Ages for admission to special programs; enrollment counted for apportionment. Except as otherwise provided in NRS 388.431, eligible pupils with disabilities must be admitted at the age of 3 years to special programs established for such pupils, and their enrollment or…

NRS 388.4352 Request to determine whether provider of special education is in compliance with state and federal laws regarding pupils with disabilities; inspection of provider of special education; actions upon determination of noncompliance. 1. Any person or governmental entity …

NRS 388.4354 Measures to be taken to ensure compliance with laws regarding pupils with disabilities if provider of special education fails to comply with plan of corrective action or order of hearing officer; authorized actions to ensure compliance. 1. If a provider of special ed…

NRS 388.4356 Regulations to prescribe standards for program of training for school employees who assist with special education services and for providing certain notice to parents of pupils with disabilities; adoption of program for reporting information concerning special educat…

NRS 388.437 Pupils with hearing or visual impairment: Requirements for consideration in development of individualized education program for pupils with hearing impairment; use of criteria to evaluate language and literacy skills of certain pupils with hearing or visual impairment…

NRS 388.439 Pupils with dyslexia: Early literacy screening assessment. 1. Except as otherwise provided in subsection 2, the board of trustees of each school district shall prescribe for use by the elementary schools located in the school district an early literacy screening asses…

NRS 388.441 Pupils with dyslexia: Administration of early literacy screening assessment; addressing needs through response to scientific, research-based intervention system of instruction; additional testing and evaluation. 1. The board of trustees of a school district or the gov…

NRS 388.443 Pupils with dyslexia: Individualized education program team to consider certain instructional approaches when developing individualized education program. When developing an individualized education program for a pupil with dyslexia in accordance with NRS 388.419, the…

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 e…

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 limita…

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…

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 Human Services informat…

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 …

NRS 388.455 Transition Bill of Rights for Pupils with Disabilities. 1. This section may be cited as the Transition Bill of Rights for Pupils with Disabilities. 2. Except as otherwise specifically provided by law, each pupil with a disability who is enrolled in a public school or …

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 pursua…

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 a…

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…

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 procedure…

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, re…

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 hearin…

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 t…

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)—(Substit…

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 a…

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 in…

NRS 388.478 “Corporal punishment” defined. “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking. (Added to NRS by 1999, 3237)—(Substituted in revision for NRS 388.5225)

NRS 388.485 “Electric shock” defined. “Electric shock” means the application of electric current to a person’s skin or body. The term does not include electroconvulsive therapy. (Added to NRS by 1999, 3237)—(Substituted in revision for NRS 388.523)

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…

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 3…

NRS 388.494 “Physical restraint” defined. “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile. (Added to NRS by 1999, 3238)—(Substituted in revision for NRS 388.5255)

NRS 388.495 “Verbal and mental abuse” defined. “Verbal and mental abuse” means actions or utterances that are intended to cause and actually cause severe emotional distress to a person. (Added to NRS by 1999, 3238)—(Substituted in revision for NRS 388.526)

NRS 388.497 Aversive intervention prohibited. A person employed by the board of trustees of a school district or any other person shall not use any aversive intervention on a pupil with a disability. (Added to NRS by 1999, 3238)—(Substituted in revision for NRS 388.5265)