during the period covered by the report, on a form prescribed by the Commissioner of Education, and shall furnish a copy thereof to the county or district superintendent. Such notice shall also include a report of any child who, during the period covered by the report, returns to school in any school in this state after having been excluded or expelled, or after having dropped out of school prior to the completion of the twelfth grade. Teacher Certification Art. 12. Teachers (Part (a). Certificates). SEC. 79-1233. Nebraska certificate; prerequisite to teaching; employment of teacher aides; requirements; junior colleges, not required.-(1) No person shall be employed to teach in any public, private, denominational, or parochial school in this state who does not hold a valid Nebraska certificate or permit issued by the Commissioner of Education legalizing him to teach the grade or subjects to which elected, except that no Nebraska certificate or permit shall be required of persons teaching exclusively in junior colleges organized as part of the public school system. (2) Public, private, denominational, or parochial schools in the state may employ persons who do not hold a valid Nebraska teaching certificate or permit issued by the Commissioner of Education to serve as aides to a teacher or teachers. Such teacher aides may not assume any teaching responsibilities. A teacher aide may be assigned duties which are nonteaching in nature, if the employing school has assured itself that the aide has been specifically prepared for such duties, including the handling of emergency situations which might arise in the course of his work. SEC. 79-1234. Teacher's or administrator's certificate; revocation or suspension; ground; notice and hearing; effect of failure to appear; order; reinstatement.—The State Board of Education may, for just cause, revoke any teacher's certificate or administrator's certificate or suspend such certificate for such period of time as the board, in its discretion, shall determine. * * * SEC. 79-1239. Teacher's or administrator's certificate; registration with county superintendent required; failure; certification of delinquency; effect; certification to county treasurer; withholding of funds of district.-(1) Each teacher or administrator shall register his certificate in the office of the county superintendent of the county in which he is employed. The superintendent shall endorse upon the certificate that it has been registered and the date of registration. Such registration shall be without fee, and no certificate to contract for a school shall be valid until the certificate is so registered. * * * SEC. 79-1247.05. Teachers' certificates; State Board of Education; adoption rules, regulations, and procedures; basis earned college credits.-The board, with the counsel of the commissioner and such advisory committee or committees as it deems necessary, shall establish and adopt appropriate rules, regulations, and procedures governing the issuance, renewal, conversion, revival, cancallation, suspension, and revocation of certificates and permits to teach, counsel, supervise, and administer in all elementary and secondary schools in this state based upon earned college credit, or the equivalent thereto, in humanities, in social and natural sciences, in mathematics, in practical arts, and in professional education, for particular teaching, counseling, supervisory, or administrative assignments, and on scholarship attained in earning such college credit, and on successful teaching, and on moral, mental and physical fitness for teaching, all in accordance with sound educational practices. SEC. 79-1247.07. Teachers' certificates; issuance by Commissioner of Education; fee; disposition; contents of certificate or permit, Teachers' Certification Fund; investment. *** (4) Since nonpublic schools and their teachers do not receive the benefits of sections 79-1280 to 79-1286, a special certificate or permit restricted to use in nonpublic schools only shall be issued upon payment of a fee of two dollars. Such certificate or permit shall have plainly stamped or otherwise written on its face the words nonpublic school only. Upon surrender of such a certificate or permit and the payment of eight dollars by the holder thereof, a regular certificate or permit shall be issued and six dollars shall be deposited as directed in subsection (3) of this section. Compiler's Note: See also APPROVAL/SUPERVISION/SUPPORT, Ch. 79, art. 17, secs. 1701 and 1706. Health and Safety Provisions Applicable to All Schools. (art. 4). SEC. 79-444.01. District board; children under twelve years; protection against measles, rubella, poliomyelitis, diphtheria, pertussis, tetanus; exception.-Each board of education and the governing authority of each private school in this state shall require each child under twelve years of age to be protected against measles, rubella, poliomyelitis, diphtheria, pertussis, and tetanus by immunization before being permitted to attend any school under its jurisdiction, unless a parent or guardian of such child presents a written statement that he does not wish to have such child so immunized. In the case of any child enrolled in school on September 2, 1973, the immunization required by sections 79-444.01 and 79-444.02 shall be effected no later than September 1, 1973. The cost of such immunization shall be borne by the parent or guardian of each child who is immunized; Provided, that such cost shall be borne by the Department of Health for those children whose parents or guardian are financially unable to meet such cost, to the extent that funds are specifically available for such purposes. SEC. 79-444.02. District board; immunization clinics; request assistance. Any local board of education or the governing authority of a private school in this state may request assistance from the Department of Health in establishing immunization clinics. Such assistance shall consist of vaccines, serums, and other supplies, services, and guidance from the Director of Health. SEC. 79-4,122. State Fire Day; designation; how observed.-For the purpose of creating public sentiment and calling public attention to the great damage caused both to life and property by fire, the Friday before Fire Recognition Day shall be designated and known as State Fire Day. This day shall be observed by the public, private, and parochial schools of the state with exercises appropriate to the subject and the day. The second Saturday in May shall be designated and known as Fire Recognition Day, and exercises appropriate for the subject and day may be exercised by any fire department. Federal Aid Art. 14. Special Training in Schools (Part (a). Vocational Education) SEC. 79-1419. Vocational education; federal aid; acceptance.- The State of Nebraska accepts: The provisions of (1) the act of Congress approved February 23, 1917, entitled, An Act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure (Public Law No. 347, 64th Congress) and (2) an act of Congress approved August 1, 1946, entitled An Act to amend the Act of June 8, 1936, relating to vocational education so as to provide for the further development of vocational education in the several States and Territories, (Public Law No. 586, 79th Congress). *** Compiler's Note: See also COMPULSORY EDUCATION, Ch. 79, art. 2, sec. 201. Educational Television (art. 21). SEC. 79-2103. The powers and duties of the commission shall be:-* * * (10) To cooperate with the Secretary of Health, Education and Welfare, and other federal agencies, for the purpose of obtaining matching federal funds and providing educational television facilities of all types throughout the state and to make such reports as may be required of recipients of matching funds; *** Miscellaneous Educational Television (art. 21). SEC. 79-2105. Educational television; operation on noncommercial basis; service available to all schools and colleges; costs.- All television facilities operated or supervised by the Nebraska Educational Television Commission shall be operated at all times on a noncommercial basis. Operational and administrative service pertinent to the production and utilization of in-class television instruction shall be made available to all schools and colleges of Nebraska on the basis of the actual cost of production, exclusive of general overhead expense. SEC. 79-2110. Department of Education; instructional television; duties.— The Department of Educational shall, with funds specifically appropriated for instructional television by the Legislature and such other funds which may be available, make provision for the planning, developing, producing, leasing, dis seminating, and utilizing of instructional television programs in the elementary and secondary schools of Nebraska. Funds appropriated or acquired for the purpose of providing such programming to the elementary and secondary schools shall make provision for the employment of a director and such additional employees as may be necessary for the Department of Education to assume the designated responsibilities of instructional television and to perform the assigned functions in an efficient manner. Funds may be used to contract with organizations designed to plan, produce, and acquire instructional television programming for elementary and secondary school use. The department may publish or cause to be published such informational material as it deems necessary, and it may, at its discretion, charge appropriate fees therefor. The department shall make such materials available at cost to all individuals, schools, private and public institutions, and organizations. The proceeds of all such fees paid to the department shall be deposited in a Department of Education Fund and shall be used, by the department, for publishing such informational material. NEVADA CONSTITUTIONAL PROVISIONS Public Aid For Nonpublic Schools Municipal and Other Corporations (art. 8). SEC. 9. Lending public credit; gifts to corporations.-The State shall not donate or loan money, or its credit, subscribe to or be, interested in the Stock of any company, association, or corporation, except corporations formed for educational or charitable purposes. SEC. 10. Loans of public credit by counties, municipal corporations to corporations.-No county, city, town, or other municipal corporation shall become a stockholder in any joint stock company, corporation or association whatever, or loan its credit in aid of any such company, corporation or association, *** Education (art. 11). SEC. 10. No public funds to be used for sectarian purposes.-No public funds of any kind or character whatever, State, County or Municipal, shall be used for sectarian purpose. Tax Exemptions For Nonpublic Schools Municipal and Other Corporations (art. 8). SEC. 2. Corporate property subject to taxation; exemptions.—All real property, and possessory rights to the same, as well as personal property in this State, belonging to corporations now existing or hereafter created shall be subject to taxation, the same as property of individuals; Provided, that the property of corporations formed for Municipal, Charitable, Religious, or Educational purposes may be exempted by law. Taxation (art. 10). SEC. 1. Uniform rates of assessment and taxation; proceeds of mines; free port, motor vehicle and other exemptions; no inheritance, estate tax to be levied.-The legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal and possessory, *** shall be exempt. * * * Miscellaneous Municipal and Other Corporations (art. 8). SEC. 1. Corporations formed under general laws; municipal corporations formed under special acts.-The Legislature shall pass no Special Act in any manner relating to corporate powers except for Municipal purposes; but corporations may be formed under general laws; and all such laws may from time to time, be altered or repealed. Education (art. 11). SEC. 1. Legislature to encourage education; appointment, term and duties of superintendent of public instruction.—The legislature shall encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvements, and also provide for a superintendent of public instruction and by law prescribe the manner of appointment, term of office and the duties thereof. SEC. 2. Uniform system of common schools.—The legislature shall provide for a uniform system of common schools, by which a school shall be established and maintained in each school district at least six months in every year, and any school district which shall allow instruction of a sectarian character therein may be deprived of its proportion of the interest of the public school fund during such neglect or infraction, and the legislature may pass such laws as will tend to secure a general attendance of the children in each school district upon said public schools. STATUTORY PROVISIONS Education (title 34). Private Educational Institutions and Establishments SEC. 394.010. Definitions. As used in NRS 394.010 to 394.120, inclusive:-1. "Person" includes a company, partnership, association or corporation, as well as a natural person. 2. "School" means any educational institution or class maintained or conducted for the purpose of offering instruction to five or more students at one and the same time or to 25 or more students during any calendar year, the purpose of which is to educate an individual generally or specially, or to prepare an individual for more advanced study, and includes all schools, colleges, universities and other institutions engaged in such education, except: (a) Schools maintained by the state or any of its political subdivisions and supported by public funds. (b) Schools or school systems for elementary, secondary and higher education operated or conducted by religious organizations. (c) Schools, colleges and universities specifically exempted by NRS 394.020. (d) Schools licensed under the provisions of NRS 394.200 to 394.420 inclusive. [447:32:1956]-[NRS A 1969,485] SEC. 394.020. Exemptions.-1. In addition to those schools exempt by definition, under NRS 394.010, the following types of schools are exempted from the provisions of NRS 394.010 to 394.120 inclusive: (a) Schools maintained or classes conducted by employers for their own employees where no fee or tuition is charged. (b) Courses of instruction on religious subjects given under the auspices of a religious organization. (c) Courses of instruction given by any fraternal society or benevolent order to its members or their immediate relatives, which courses are not operated for profit. (d) Schools which are under state or federal supervision. 2 Any exempt school may choose to apply for a license under NRS 394.010 to 394.120, inclusive, and upon approval and issuance thereof shall be subject to the provisions of NRS 394.010 to 394.120, inclusive. [448:32:1956]-[NRS A 1967, 39; 1969, 486] SEC. 394.030. Licenses required.-1. No school subject to the provisions of NRS 394.010 to 394.120, inclusive, shall be operated in this state unless there is first secured from the state board of education a license issued in accordance with the provisions of NRS 394.010 to 394.120, inclusive, and the regulations thereunder promulgated by the state board of education under authority of NRS 394.050 and 394.070. 2. Application for a license shall be filed in the manner prescribed by the state board of education. [449:32:1956] SEC. 394.040. License fees.-1. Application for an initial license under NRS 394.010 to 394.120, inclusive, shall be accompanied by payment of a fee of $25. 2. Application for renewal of a license issued under NRS 394.010 to 394.120, inclusive, shall be accompanied by payment of a fee of $10. 3. All moneys collected under NRS 394.010 to 394.120, inclusive, shall be deposited in the general fund. 4. No fee paid by any applicant or licensee shall ever be refunded in whole or in part. [450:32:19561 SEC. 394.050. Qualifications for licenses.-No license shall be issued unless the state board of education finds, upon investigation, that the school applying therefor has met the standards set forth by the state board of education. Such standards shall include, but need not be restricted to: 1. Course offerings. 2. Adequate facilities. 3. Financial stability. 4. Competent personnel. 5. Legitimate operating practices. [451:32:1956] SEC. 394.060. Duration and renewal of licenses.-A license shall be valid for 3 years unless suspended or revoked as provided in NRS 394.090, and may be renewed upon application for renewal. [452:32:1956] SEC. 394.070. Duties of state board of education.-The state board of education shall: 1. Formulate standards for licensure in accordance with NRS 394.050. 2. Provide for adequate investigations of all schools applying for licenses and issue licenses to those applicants meeting standards fixed by the board. 3. Maintain a list of schools licensed under the provisions of NRS 394.010 to 394.120, inclusive, which list shall be available for the information of the public. 4. Provide for periodic inspection of all schools licensed under the provisions of NRS 394.010 to 394.120, inclusive. 5. Employ such personnel as is necessary to carry out the provisions of NRS 394.010 to 394.120, inclusive. [453:32:1956] SEC. 394.080. Grounds for revocation of licenses.-The state board of education shall have power to revoke the license of any school subject to the provisions of NRS 394.010 to 394.120, inclusive, in accordance with the provisions of NRS 394.090, in case it finds: 1. That the licensee has violated any of the provisions of NRS 394.010 to 394.120, inclusive, or any of the rules and regulations promulgated thereunder; or 2. That the licensee has knowingly presented to the state board of education false or misleading information relating to licensure; or 3. That the licensee has failed or refused to permit authorized representatives of the state board of education to inspect the school, or has refused to make available to them at any time upon request full information pertaining to matters within the purview of the state board of education under the provisions of NRS 394.010 to 394.120, inclusive; or 4. That the licensee has perpetrated or committed fraud or deceit in advertising the school or in presenting to prospective students written or oral information relating to the school, to employment opportunities, or to opportunities for enrollment in other institutions upon completion of the instruction offered in the school. [454:32:1956] SEC. 394.090. Procedure for suspension, revocation of licenses.—1. When the state board of education deems that it has sufficient evidence to warrant the suspension or revocation of any license, written notice shall be served personally or be sent by registered or certified mail to the licensee at his last-known address. Such notice shall contain the substance of the reason or reasons why it is proposed to suspend or revoke the license. A licensee receiving such notice may file with the state board of education a statement that the situation complained of in the notice has been corrected or a declaration of intention to remedy such situation within a designated time, or may request a hearing to challenge the truth of the reason or reasons for which it is proposed to suspend or revoke the license. 2. If a hearing is requested by the licensee it shall be held by the state board of education within 90 days after request therefor. 3. At the hearing the state board of education may summon and compel the attendance of witnesses and take testimony. The licensee shall be entitled to present witnesses and other evidence in defense of the charges. [455:32:1956]-[NRS A 1969, 95] SEC. 394.100. Duties of attorney general.-1. If the state board of education notifies the attorney general that a school subject to the provisions of NRS 394.010 to 394.120, inclusive, is operating without a valid license, the attorney general shall institute appropriate action against the owners and operators of such school to restrain its operation until such license is obtained. 2. If a licensee who has been notified that it is proposed to suspend or revoke its license fails to fulfill a declared intention to remedy the situation. complained of within the time designated in such declaration, or is found guilty of charges in the hearing provided in NRS 394.090, the attorney general shall, upon the request of the state board of education, institute restraining proceedings, by injunction or other appropriate means, against such licensee. [456:32:1956] SEC. 394.110. Effect upon contracts.- Any contract entered into by or on behalf of any person owning or operating any school subject to NRS 394.010 to 394.120, inclusive, which does not have a valid license issued hereunder in force at the time such contract is entered into shall be unenforcible in any suit or action brought thereon, except that any student of a school subject to NRS 394.010 to 394.120, inclusive, or any other person who is defrauded by a misrepresentation made by an officer, employee or agent of such school or by any advertising or circular issued by or on behalf of such school may recover judgment against such school or person for three times the amount of actual damages which may be assessed by the court or jury. [457:32:1956]-[NRS A 1971,80] SEC. 394.120. Appropriation of funds.-Funds to carry out the provisions of NRS 394.010 to 394.120, inclusive, shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. [458:32:1956] Compiler's Note: See also CURRICULUM, Ch. 394, sections 394.130 and 394.150; TEACHER CERTIFICATION, Ch. 394, sec. 394.160; and HEALTH AND SAFETY, Ch. 394, sections 394, 170 and 394.192-197. Compulsory Education Pupils (Compulsory Education)(ch. 392). SEC. 392.040. Child between 7 and 17 years of age: Attendance in public school.-1. Except as otherwise provided by law, each parent, guardian, or other person in the State of Nevada having control or charge of any child between the ages of 7 and 17 years shall be required to send such child to a public school during all the time such public school is in session in the school district in which such child resides. 2. Except as provided in subsection 3, if such child will arrive at the age of 6 years by September 30, the child shall be admitted to the first grade of the school at the beginning of the school year, and his attendance shall be counted for apportionment purposes as if he were already 6 years of age. If a child will not arrive at the age of 6 years by September 30 he shall not be admitted until the beginning of the immediately following school term. 3. Any child who will arrive at the age of 6 years by: (a) December 31, 1971, shall be admitted to the first grade at the beginning of the school year in 1971. (b) November 30, 1972, shall be admitted to the first grade at the beginning of the school year in 1972. (c) October 31, 1973, shall be admitted to the first grade at the beginning of the school year in 1973. [363:32:1956]-[NRS A 1957, 304; 1971, 170] SEC. 392.070. Children receiving equivalent, approved instruction exempted from attendance.-Attendance required by the provisions of NRS 392.040 shall be excused when satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child is receiving at home or in some other school equivalent instruction of the kind and amount approved by the state board of education. [366:32:1956] Special Education System of Public Instruction (Education of SEC. 388.440. "Handicapped minor" defined.—As used in NRS 388.440 to 388.520, inclusive, "handicapped minor" means any person under the age of 18 years who deviates either educationally, academically, physically, socially or emotionally so markedly from normal growth and development patterns that he 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] SEC. 388.450. Special provisions for education of handicapped minors.— 1. The legislature declares that the basic support guarantee as expressed in NRS 387.122 establishes financial resources sufficient to insure a reasonably equal educational opportunity to handicapped minors residing in Nevada. 2. Subject to the provisions of NRS 388.440 to 388.520, inclusive, the board of trustees of a school district shall make such special provisions as may be necessary for the education of handicapped minors. 3. The board of trustees of a school district shall establish uniform rules of eligibility for instruction under the special education programs provided for by NRS 388.440 to 388.520, inclusive. The rules and regulations shall be subject to such standards as may be prescribed by the state department of education. [281:32:1956]–[NRS A 1969, 445, 887; 1973, 1428] SEC. 388.460. Handicapped minor need not take advantage of special provisions.-No minor shall be required to take advantage of the special provisions for the education of handicapped minors if the parent or guardian of the minor files a statement with the board of trustees of the school district showing that the minor is receiving adequate educational advantages. [282:32:1956]–[NRS A 1969, 445; 1973, 1428] SEC. 388.470. Determination of existence, extent of handicap; consultation with parent or guardian; consultation with psychiatrist.-1. Before any child is placed in a special program for handicapped children: (a) A consultation shall be held with his parents or guardian. (b) An examination shall be conducted for the purpose of finding the extent to which the child deviates from normal growth and development patterns, such examination to be conducted in accordance with standards prescribed by the state department of education. 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] SEC. 388.520. Minimum standards prescribed by state board of education; limitations on apportionments.-1. The state department of education shall prescribe minimum standards for the special education of handicapped minors. 2. Prescribed minimum standards shall include standards for programs of instruction or special services maintained for the purpose of serving minors with the following handicapping conditions: (a) Aurally handicapped. (b) Visually handicapped. (c) Physically handicapped. (d) Speech handicapped. (e) Mentally handicapped. (f) Educationally handicapped, including appropriate subemphasis when related to learning disabilities or emotional disturbance. (g) Multiple handicapped, including appropriate subemphasis for each of the handicapping conditions. (h) Academically talented. 3. No apportionment of state funds shall be made by the superintendent of public instruction to any school district for the instruction of handicapped minors until the program of instruction maintained therein for such handicapped minors is approved by the state department of education as meeting the prescribed minimum standards. [288:32:1956]-[NRS A 1969, 445; 1973, 1429] Curriculum State Administrative Organization (ch. 385). SEC. 385.110. Board to prescribe courses of study for public schools.-The state board of education shall prescribe and cause to be enforced the courses of study for the public schools of this state; provided: 1. That high schools may have modified courses of study, subject to the approval of the state board of education; and 2. That any high school offering courses normally accredited as being beyond the level of the 12th grade shall, before offering such courses, have them approved by the state board of education. [11:32:1956] Courses of Study (ch. 389). SEC. 389.010. Enforcement of courses of study by trustees.-Boards of trustees of school districts shall enforce in schools the courses of study prescribed and adopted by the proper authority. [291:32:1956] SEC. 389.030. Instruction in American history required.-American history, including the history of the State of Nevada shall be taught in all of the public and private schools in the State of Nevada for a period of at least 1 year. [293:32:1956]-[NRS A 1973, 1547] SEC. 389.035. Satisfactory completion of courses in American government, American history prerequisite to graduation.-No student in any public or private high school, the Nevada girls training center or the Nevada youth training center shall receive a certificate or diploma of graduation without having passed a course in American government and American history as required by NRS 389.020 and 389.030. [Added to NRS by 1973, 1547] SEC. 389.040. Patriotic exercises.-There shall be at least 1 hour set aside each school week in all graded schools and high schools in the State of Nevada for the purpose of holding patriotic exercises. [294:32:1956] |