Nevada § 213.315 - Eligibility of illiterate offenders, offenders whose native language is not English and offenders with developmental, learning and other disabilities

§ 213.315. Eligibility of illiterate offenders, offenders whose native language is not English and offenders with developmental, learning and other disabilities

1. Except as otherwise provided in this section, an offender who is illiterate is

not eligible to participate in a program unless: (a) The offender is regularly attending and making satisfactory progress in a program

for general education; or (b) The Director, for good cause, determines that the limitation on eligibility should

be waived under the circumstances with respect to a particular offender. 2. An offender whose: (a) Native language is not English; (b) Ability to read and write in his or her native language is at or above the level

of literacy designated by the Board of State Prison Commissioners in its regulations;

and (c) Ability to read and write the English language is below the level of literacy

designated by the Board of State Prison Commissioners in its regulations, may not be assigned to an industrial or a vocational program unless the offender is

regularly attending and making satisfactory progress in a course which teaches English

as a second language or the Director, for good cause, determines that the limitation

on eligibility should be waived under the circumstances with respect to a particular

offender. 3. Upon written documentation that an illiterate offender has a developmental, learning

or other similar disability which affects his or her ability to learn, the Director

may: (a) Adapt or create an educational program or guidelines for evaluating the educational

progress of the offender to meet his or her particular needs; or (b) Exempt the offender from the required participation in an educational program

prescribed by this section. 4. The provisions of this section do not apply to an offender who: (a) Presents satisfactory evidence that the offender has: (1) A high school diploma; or (2) A general educational development certificate or an equivalent document; or (b) Is admitted into a program for the purpose of obtaining additional education in

this state. 5. As used in this section, “ illiterate ” means having an ability to read and write that is below the level of literacy designated

by the Board of State Prison Commissioners in its regulations.