NRS 379.040 Library to be free and accessible to public; regulations of trustees. The library and reading room of any consolidated, county, district or town library must forever be and remain free and accessible to the public, subject to such reasonable regulations as the trustees of the library may adopt.
[4:187:1925; NCL § 5598]—(NRS A 1967, 1061; 1985, 10)
NRS.385.240 repealed 2013
NRS.390.400 repealed 2015
Sec. 21. NRS 385.060 and 390.400 are hereby repealed.
Sec. 22. This act becomes effective on July 1, 2015.
1985:
“Public library” means a county, district, city or town library, a group of libraries which have entered into an interlocal agreement or any other library predominantly supported by public money.
Sec. 19. NRS 379.040 is hereby amended to read as follows:
379.040 The library and reading room of any consolidated, county, district or town library [shall] must forever be and remain free and accessible to the public, subject to such reasonable [rules and] regulations as the [library] trustees of the library may adopt.
Sec. 15. NRS 379.025 is hereby amended to read as follows:
379.025 1. The [library] trustees of any consolidated, county, district, town or other public library, and their successors, shall:
(a) Establish, supervise and maintain a library.
(b) Appoint a librarian.
(c) Hold and possess the property and effects of the library in trust for the public.
(d) In the case of a county library, submit annual budgets to the board of county commissioners, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.
(e) In the case of a consolidated, district or town library, prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive.
(f) Establish bylaws and regulations for the management of the library and their own management.
(g) Manage all the property, real and personal, of the library.
(h) Acquire and hold real and personal property, by gift, purchase or bequest, for the library.
(i) Administer any trust declared or created for the library.
(j) Maintain or defend any action in reference to the property or affairs of the library.
2. The [library] trustees may:
(a) Make purchases and secure rooms.
(b) Authorize the merger or, subject to the limitations in section 7 of this act, the consolidation of a town or city library with a county library district.
(c) Do all acts necessary for the orderly and efficient management and control of the library.
NRS 379.027 Powers and duties of librarian. The librarian of any consolidated, county, district or town library shall administer all functions of the library, employ assistants and carry out the policies established by the trustees of the library, and may recommend policies to the trustees. (Added to NRS by 1959, 328; A 1967, 1061; 1981, 1000; 1985, 10)
SELECTION AND USE OF TEXTBOOKS AND ELECTRONIC MEDIA
NAC 389.852 “Electronic media” defined. (NRS 385.080, 389.850) As used in NAC 389.852 to 389.868, inclusive, unless the context otherwise requires, “electronic media” means any electronic medium that is used as the primary basis of instruction pursuant to which information is conveyed to a pupil or that otherwise contributes to the learning process, including, without limitation:
1. Computers, whether stationary or portable, and the hardware and software necessary for the operation of those computers;
2. Interactive videodiscs or other optical discs;
3. Magnetic media, including, without limitation, computer discs, audiotape and videotape; and
4. Services pursuant to which a subscriber may access the Internet or use an electronic mail address, or both.
(Added to NAC by Bd. of Education by R026-01, eff. 11-1-2001)—(Substituted in revision for NAC 390.005)
NAC 389.854 Committees to evaluate and recommend textbooks and electronic media: Appointment; membership. (NRS 385.080, 389.850) The superintendent of a school district must appoint a committee to evaluate and recommend textbooks and electronic media to be used in public schools before the district may forward any such recommendations to the State Board of Education for adoption. The committee must consist of:
1. A teacher or teachers who are licensed to teach:
(a) The subject areas of the textbooks or electronic media being considered if the textbooks or electronic media are for use in secondary grades; or
(b) Elementary education if the textbooks or electronic media being considered are for use in elementary grades;
2. An administrator or a specialist in curriculum who is employed by the school district;
3. A parent of a pupil who is enrolled in the school district; and
4. Any other member or members the superintendent deems necessary to serve on the committee.
(Added to NAC by Bd. of Education, eff. 4-1-92; A by R026-01, 11-1-2001)—(Substituted in revision for NAC 390.010)
NAC 389.856 Committee evaluation of textbooks. A committee established pursuant to NAC 389.854 shall review textbooks and submit to the Department of Education in the form prescribed by the Department an evaluation of any textbooks being recommended for adoption. The evaluation must include:
1. A comparison of the textbook with the courses of study offered in this State and the goals and objectives of the school district that the committee is representing.
2. A summary of the organization and presentation of material in the textbook.
3. A statement of the quality of production of the textbook, including the cover, binding and print.
4. An analysis of the accuracy of the information contained in the textbook.
5. A statement of the appropriateness of any materials of support or references provided with the textbook.
6. An analysis of the ability of the textbook to stimulate interest in pupils.
7. A reasonable assurance that the textbook complies with the requirements of subsection 2 of NRS 389.850.
8. A list of the times and locations that parents of pupils enrolled in the district and other members of the community were afforded an opportunity to review the textbook and to submit written comments to the committee before the final recommendations were made.
(Added to NAC by Bd. of Education, eff. 4-1-92)—(Substituted in revision for NAC 390.020)
NAC 389.858 Electronic media: Notification to use; committee evaluation. (NRS 385.080, 389.850)
1. A school district shall notify the Department of Education of its intent to use electronic media as the primary basis of instruction.
2. In addition to the duties set forth in NAC 389.856, a committee established pursuant to NAC 389.854 shall review electronic media and submit to the Department of Education in the form prescribed by the Department an evaluation of any electronic media being selected for use as the primary basis of instruction. The evaluation must include:
(a) A comparison of the electronic media with the courses of study offered in this State and the goals and objectives of the school district that the committee is representing.
(b) A summary of the organization and presentation of the information contained in the electronic media.
(c) A statement of the quality of production of the electronic media.
(d) An analysis of the accuracy of the information contained in the electronic media.
(e) A statement of the appropriateness of the information contained in the electronic media.
(f) An analysis of the ability of the electronic media to stimulate interest in pupils.
(g) A reasonable assurance that the electronic media complies with the requirements of subsection 2 of NRS 389.850.
(h) A list of the times and locations that parents of pupils enrolled in the school district and other members of the community were afforded an opportunity to review the electronic media and to submit written comments to the committee before the final recommendations were made.
(Added to NAC by Bd. of Education by R026-01, eff. 11-1-2001)—(Substituted in revision for NAC 390.025)
NAC 389.860 Opportunity for members of community to review textbooks and electronic media and submit comments. (NRS 385.080, 389.850) If a textbook or electronic media adopted by the State Board of Education has not been evaluated by a committee appointed by the superintendent of a local school district pursuant to NAC 389.854, the superintendent of that school district shall afford the parents of pupils enrolled in the district and other members of the community an opportunity to review the textbook or electronic media and submit written comments to the school district.
(Added to NAC by Bd. of Education, eff. 4-1-92; A by R026-01, 11-1-2001)—(Substituted in revision for NAC 390.030)
NAC 389.862 Recommendations for adoption of textbooks or electronic media: Effect of incorrect or inaccurate evaluation. (NRS 385.080, 389.850)
1. A recommendation for the adoption of a textbook or electronic media must be submitted to the Department of Education, in compliance with the policies of the Department, to be considered by the State Board of Education.
2. The Department of Education may delay the consideration of a recommendation for the adoption of a textbook or electronic media if it finds that any of the information required by NAC 389.856 or 389.858, as applicable, is incorrect or inaccurate.
(Added to NAC by Bd. of Education, eff. 4-1-92; A 10-8-93; R026-01, 11-1-2001; R032-13, 10-23-2013)—(Substituted in revision for NAC 390.040)
NAC 389.864 Schedule for adoption of textbooks and electronic media. (NRS 385.080, 389.850) A textbook and electronic media will be adopted for use in public schools according to the schedule for adoption prescribed by the Department of Education, unless the State Board of Education grants an exception to this requirement.
(Added to NAC by Bd. of Education, eff. 4-1-92; A by R026-01, 11-1-2001)—(Substituted in revision for NAC 390.050)
NAC 389.866 Use of textbook or electronic media on experimental basis. (NRS 385.080, 389.850) A textbook or electronic media may be used on an experimental basis by a school district for not more than 1 year before the textbook or electronic media is given a final evaluation. A request to use a textbook or electronic media in this manner must be submitted to the Department of Education in the form prescribed by the Department.
(Added to NAC by Bd. of Education, eff. 4-1-92; A by R026-01, 11-1-2001)—(Substituted in revision for NAC 390.060)
NAC 389.868 Use of revised editions of adopted textbooks or electronic media. (NRS 385.080, 389.850) A revision of an adopted textbook or electronic media may be used by a school district if the revision does not add to, subtract from or change the areas of content in the textbook or electronic media. The period during which the revised textbook or electronic media may be used is the same as the period of use for the textbook or electronic media in its original form. A school district shall notify the Department of Education of its intent to use a revised edition of an approved textbook or electronic media before purchasing the revised edition.
(Added to NAC by Bd. of Education, eff. 4-1-92; A by R026-01, 11-1-2001)—(Substituted in revision for NAC 390.070)
SELECTION OF SUPPLEMENTAL TEXTBOOKS AND RESOURCES FOR MEDIA CENTERS
NAC 389.872 Definitions. As used in NAC 389.872 to 389.880, inclusive, unless the context otherwise requires:
1. “Media center” means a centralized collection of educational resources located within the library of a public school.
2. “Supplemental textbook” means any medium or material used to reinforce or extend a basic program of instruction.
(Added to NAC by Bd. of Education, eff. 4-22-93)—(Substituted in revision for NAC 390.100)
NAC 389.874 Procedures for selection: Establishment and approval; effect of compliance.
1. The board of trustees of a local school district shall establish written procedures for the selection of supplemental textbooks and the resources to be used in a media center.
2. The initial set of written procedures required by subsection 1 must be submitted to the Superintendent of Public Instruction for his or her approval. Materials selected in accordance with written procedures that have been so approved shall be deemed to satisfy the requirements of paragraph (b) of subsection 2 of NRS 389.880.
3. Thereafter, the written procedures for selection must be submitted to the Superintendent of Public Instruction for approval at least once every 5 years, and whenever subsequent modification is proposed by the board of trustees.
(Added to NAC by Bd. of Education, eff. 4-22-93)—(Substituted in revision for NAC 390.110)
NAC 389.876 Procedures for selection: Parameters for development. In developing the written procedures, the board of trustees shall adhere to and incorporate the following parameters:
1. Employees of the school district and employees of each media center share the primary responsibility for the selection of resources to be used in the media center.
2. Teachers have the primary responsibility for the selection of supplemental textbooks.
3. The supplemental textbooks and resources for use in a media center that have been selected for use in a school are subject to the approval of the principal of that school.
4. School administrators, librarians, teachers, parents, pupils and other members of the community must be allowed to:
(a) Review the selected materials; and
(b) Request reconsideration of the selected materials pursuant to NAC 389.880.
(Added to NAC by Bd. of Education, eff. 4-22-93)—(Substituted in revision for NAC 390.120)
NAC 389.878 Procedures for selection: Contents. The written procedure for the selection of supplemental textbooks and the resources to be used in a media center must:
1. Provide for the selection of:
(a) Materials that enrich and support the school district’s philosophies and goals, taking into consideration the varied interests, abilities and maturity levels of the pupils served;
(b) Materials that encourage growth in knowledge and contribute to the development of literary, cultural and aesthetic appreciation;
(c) Informational materials that encourage and enable pupils to think independently, to develop ethical standards and to make intelligent judgments in their daily lives; and
(d) Materials that are representative of many religious, ethnic, and cultural groups and their contributions to American heritage.
2. Require:
(a) That the selector, in choosing the materials, place principle above personal opinion and reason above prejudice to form a balanced collection of materials that is appropriate for the intended users of these materials;
(b) That the materials selected reflect support for the principles of freedom of speech which are inherent in the First Amendment of the United States Constitution, and which are expressed in the Library Bill of Rights and the Freedom to Read Statement disseminated by the American Library Association;
(c) That the materials selected be in harmony with the constitutions and the laws of the United States and this State; and
(d) That the materials be selected after reference to standard sources of critical reviews, including, but not limited to, the School Library Journal, Booklist, The Elementary School Library Collection, and the Wilson series of library catalogs.
(Added to NAC by Bd. of Education, eff. 4-22-93)—(Substituted in revision for NAC 390.130)
NAC 389.880 Review and reconsideration of selection of materials that are challenged.
1. Each school district shall include in its written procedures for the selection of supplemental textbooks and the resources to be used in media centers a procedure for reviewing and reconsidering the selection of materials that are challenged. Except as otherwise provided in subsection 6, such a procedure must provide that the complainant first submit the complaint to the principal of the school for which the challenged materials have been selected. Upon receipt of such a complaint, the principal shall:
(a) Explain to the complainant the school district’s procedures and criteria for the selection of materials;
(b) Attempt to resolve the issue informally;
(c) Inform the complainant of his or her right to file with the school district a formal request for reconsideration on a form developed and distributed by the Superintendent of Public Instruction; and
(d) Forward a copy of the complaint to the superintendent of the local school district.
2. The materials so challenged may remain in use by the school until a review is completed by a committee selected by the board of trustees. The committee:
(a) Must be comprised of at least one teacher, librarian, representative of school administrators, pupil and parent;
(b) May be expanded to include other interested members of the community as members also; and
(c) May be appointed as a standing committee to serve for the school year.
3. The members of the committee shall consider the challenged material in its entirety with both the specific objections and the context of the objections in mind. They shall also consult reviews of the materials from the standard sources of reviews referenced in paragraph (d) of subsection 2 of NAC 389.878.
4. In reviewing the challenged material, the committee shall consider:
(a) The best interests of the pupils;
(b) The requirements of the curriculum; and
(c) The principles of freedom of speech and the right to a redress of grievances inherent in the First Amendment of the United States Constitution and expressed in the Library Bill of Rights and the Freedom to Read Statement as disseminated by the American Library Association.
5. The committee shall, within 30 school days after the complainant submits the request for reconsideration, render a decision and report the decision publicly.
6. If:
(a) The complaint is based upon noncompliance by a school district with its written procedures; and
(b) All administrative remedies have been exhausted at the school district level,
Ê the complainant may appeal directly to the Superintendent of Public Instruction.
(Added to NAC by Bd. of Education, eff. 4-22-93)—(Substituted in revision for NAC 390.140)
