1.  The Director of the Department of Corrections may, upon good cause shown, restrict the access of a person employed by a school district to operate a program of education for incarcerated persons to a facility or institution in which the program is operated for not more than 30 days. Within the 30-day period, an interagency panel must be convened to conduct a hearing and render a final decision pursuant to subsection 2.

Terms Used In Nevada Revised Statutes 388H.060

  • Department: means the Department of Education. See Nevada Revised Statutes 385.007
  • incarcerated persons: means persons who are incarcerated in a facility or institution operated by the Department of Corrections. See Nevada Revised Statutes 388H.010
  • person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039

2.  The interagency panel must:

(a) Consist of:

(1) The Director of the Department of Corrections or the Director’s designee;

(2) The Superintendent of Public Instruction or the Superintendent’s designee; and

(3) The immediate supervisor of the person employed by the school district.

(b) Conduct a hearing in compliance with all applicable provisions of chapter 233B of NRS.

3.  The decision of the interagency panel is a final decision in a contested case.

4.  For purposes of subsection 1, ‘good cause shown’:

(a) May include the failure of a person employed by a school district to adhere to rules or regulations established by the Director of the Department of Corrections to protect the health and safety of staff of the facility or institution, offenders in the facility or institution and employees of the school district who operate a program of education for incarcerated persons in a facility or institution.

(b) May not include disagreements over the content of the courses of study for such a program of education.