Nevada § 392.147 - Hearing by advisory board; written or electronic agreement for participation of pupil in certain programs; reporting of pupil to attendance officer or law enforcement agency or referral for administrative sanctions under certain circumstances; appeal by parent; confidentiality of information

§ 392.147. Hearing by advisory board; written or electronic agreement for participation of pupil in certain programs; reporting of pupil to attendance officer or law enforcement agency or referral for administrative sanctions under certain circumstances; appeal by parent; confidentiality of information

1. If an advisory board to review school attendance receives a written or electronic

referral of a pupil pursuant to NRS 392.146 , the advisory board shall set a date, time and place for a hearing. The pupil and the pupil's parents or legal guardian shall attend the hearing held

by the advisory board. The hearing must be closed to the public. The chair of an advisory board to review school attendance may request that subpoenas

for a hearing conducted pursuant to this section be issued to: (a) The parent or legal guardian of a pupil who has been referred to the advisory

board or any other person that the advisory board considers necessary to the hearing. (b) A pupil who has been referred to the advisory board. 2. If a pupil and the pupil's parents or legal guardian do not attend the hearing,

the chair of the advisory board shall: (a) Report the pupil to an attendance officer, a school police officer or the appropriate

local law enforcement agency for investigation and issuance of a citation, if warranted

in accordance with NRS 392.149 ; or (b) Refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148 . 3. If an advisory board to review school attendance determines that the status of

a pupil as a habitual truant can be adequately addressed through participation by

the pupil in programs and services available in the community, the advisory board

shall order the pupil to participate in such programs and services. If the pupil does not agree to participate in such programs and services, the chair

of the advisory board shall report the pupil to an attendance officer, a school police

officer or the appropriate local law enforcement agency for investigation and issuance

of a citation, if warranted in accordance with NRS 392.149 , or refer the pupil for the imposition of administrative sanctions in accordance

with NRS 392.148 . If the pupil agrees to participate in such programs and services, the advisory board,

the pupil and the parents or legal guardian of the pupil shall enter into a written

or electronic agreement that: (a) Sets forth the findings of the advisory board; (b) Sets forth the terms and conditions of the pupil's participation in the programs

and services designated by the advisory board; and (c) Adequately informs the pupil and the pupil's parents or legal guardian that if

the pupil or his or her parents or legal guardian do not comply with the terms of

the written or electronic agreement, the chair of the advisory board is legally obligated

to report the pupil to an attendance officer, a school police officer or the appropriate

local law enforcement agency for investigation and issuance of a citation, if warranted

in accordance with NRS 392.149 , or refer the pupil for the imposition of administrative sanctions in accordance

with NRS 392.148 . The parents or legal guardian of the pupil shall, upon the request of the advisory

board, provide proof satisfactory to the advisory board that the pupil is participating

in the programs and services set forth in the written or electronic agreement. 4. The chair of an advisory board to review school attendance shall report a pupil

to an attendance officer, a school police officer or the appropriate local law enforcement

agency or refer the pupil for the imposition of administrative sanctions in accordance

with NRS 392.148 if: (a) The pupil and the pupil's parents or legal guardian fail to attend a hearing set

by the advisory board pursuant to subsection 1; (b) The advisory board determines that the status of a pupil as a habitual truant

cannot be adequately addressed by requiring the pupil to participate in programs and

services available in the community; (c) The pupil does not consent to participation in programs and services pursuant

to subsection 3; or (d) The pupil or the pupil's parents or legal guardian violates the terms of the written

or electronic agreement entered into pursuant to subsection 3. 5. If the chair of an advisory board makes a report to an attendance officer, a school

police officer or the local law enforcement agency pursuant to subsection 4, the chair

shall: (a) Submit to the attendance officer, school police officer or law enforcement agency,

as applicable, written or electronic documentation of all efforts made by the advisory

board to address the status of the pupil as a habitual truant; and (b) Make recommendations to the attendance officer, school police officer or law enforcement

agency, as applicable, regarding the appropriate disposition of the case. 6. If the chair of an advisory board refers a pupil for the imposition of administrative

sanctions pursuant to subsection 4, the chair shall: (a) Provide written or electronic documentation of all efforts made by the advisory

board to address the status of the pupil as a habitual truant; and (b) Make recommendations regarding the appropriate disposition of the case. 7. If the parents or legal guardian of a pupil enter into a written or electronic

agreement pursuant to this section, the parents or legal guardian may appeal to the

board of trustees of the school district a determination made by the advisory board

concerning the contents of the written or electronic agreement. Upon receipt of such a request, the board of trustees of the school district shall

review the determination in accordance with the procedure established by the board

of trustees for such matters. 8. The board of trustees of each school district shall adopt policies and rules to

protect the confidentiality of the deliberations, findings and determinations made

by an advisory board and information concerning a pupil and the family of a pupil. An advisory board shall not disclose information concerning the records of a pupil

or services provided to a pupil or the pupil's family unless the disclosure is specifically

authorized by statute or by the policies and rules of the board of trustees and is

necessary for the advisory board to carry out its duties.