394.0195 - Exemption from Private Elementary and Secondary Education Authorization Act: Declaration of exemption; duties of exempt institution

394.0195. Exemption from Private Elementary and Secondary Education Authorization Act: Declaration of exemption; duties of exempt institution

1. An educational institution that requests an exemption from the Private Elementary and Secondary Education Authorization Act pursuant to NRS 394.211 must submit to the Department a declaration of exemption on a form provided by the Department. The declaration of exemption must include:

(a) A copy of the articles of incorporation for the educational institution, the bylaws for the institution or other documentation acceptable to the Department that sets forth the purpose of the educational institution.

(b) A copy of the written notice required by NRS 394.211 that is provided to parents and legal guardians indicating that the educational institution is exempt from the Private Elementary and Secondary Education Authorization Act.

(c) If applicable, evidence that the educational institution is recognized as an exempt organization pursuant to 26 U.S.C. ยง 501(c)(3).

(d) A copy of the plan for the educational institution to be used in responding to a crisis developed in accordance with NRS 394.168 to 394.1699, inclusive.

(e) The grade levels offered by the educational institution and the number of teachers for each grade level.

(f) A written assurance that the educational institution offers courses and schedules of classes that are, at a minimum, commensurate to the state courses of study and satisfy the requirements of chapter 389 of NRS, as applicable for the grade levels offered by the educational institution. If applicable for the grade levels offered by the educational institution, the institution must also offer the courses and schedules of classes required for graduation from high school. If the educational institution offers special education for pupils with disabilities, the educational institution may submit an alternative course of study for approval.

(g) A school calendar showing legal holidays, beginning and ending dates of terms and other important dates for each 2-year period during which the exemption is valid. The school calendar must consist of, at a minimum, 180 school days per year.

(h) A written assurance that the institution adheres to the length of a school day as set forth in NAC 387.131. The board of directors of the educational institution, or upon written authority of the board of directors, the chief administrator of the educational institution, may schedule not more than 5 short school days in session per school year. Before using a short school day in session, the educational institution must have the written approval of the Superintendent of Public Instruction.

(i) Documentation which indicates that the facility occupied by the educational institution meets the requirements of applicable codes for the prevention of fire and codes pertaining to safety, health and sanitation.

(j) Documentation which indicates that an owner or administrator of the educational institution has communicated with the Division of Industrial Relations of the Department of Business and Industry regarding compliance with the federal Occupational Safety and Health Act of 1970.

(k) Evidence of compliance with NRS 394.190 if the educational institution uses vehicles for the transportation of pupils.

2. On or before October 15 of each year for which an exemption is valid, an educational institution shall submit to the Department a report indicating the number of teachers employed for each grade level at the educational institution.

3. If an educational institution that receives an exemption plans to close or otherwise terminate its operation, its owners or administrators shall notify the Department and submit to the Department all permanent records of the pupils enrolled in the educational institution.

Added to NAC by Bd. of Education by R235-03, eff. 8-4-2004

NRS 385.080, 394.130, 394.211, 394.221

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