DECLARATION OF EMERGENCY DIRECTIVE 14
WHEREAS, on March 12, 2020, I, Steve Sisolak, Governor of the State of Nevada issued a Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic; and
WHEREAS, on March 13, 2020, Donald J. Trump, President of the United States declared a nationwide emergency pursuant to Sec. 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the "Stafford Act"); and
WHEREAS, the World Health Organization and United States Centers for Disease Control and Prevention have advised that there is a correlation between density of persons gathered and the risk of transmission of COVID-19; and
WHEREAS, close proximity to other persons is currently contraindicated by public health and medical best practices to combat COVID-19; and
WHEREAS, on March 15, 2020, I directed that" ... [a]ll kindergarten through 12th grade schools will close to students effective March 16, 2020 ... "and" ... may reopen no earlier than April 6, 2020, and only upon the approval of the Chief Medical Officer of the State of Nevada after a review of the risk of transmissions within the geographic areas defined by the Chief Medical Officer"; and
WHEREAS, on March 20, 2020, I issued Declaration of Emergency Directive 003 ordering the closure of non-essential businesses until April 16, 2020; and
WHEREAS, County School Districts and Charter Schools and the teachers, staff, educators, administrators, and superintendents they employ are essential to the State's commitment to provide services for all students, including for disadvantaged populations, and Nevada Revised Statutes 388.132 declares that, "[p]upils are the most vital resource to the future of this State"; and
WHEREAS, Nevada Revised Statutes 414.060(3) states: "In performing his or her duties under this chapter and to effect its policy and purpose, the Governor may: (a) Make, amend and rescind the necessary orders and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon the Governor in this chapter, with due consideration of the plans provided by the Federal Government;" and
WHEREAS, Nevada Revised Statutes 385.175 states: "The Superintendent of Public Instruction is the educational leader for the system of K-12 public education in this State"; and
WHEREAS, Nevada Revised Statutes 388.826 defines distance education as "[I]nstruction which is delivered by means of video, computer, television, or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the pupil receiving the instruction are separated geographically for a majority of the time during which the instruction is delivered"; and
WHEREAS, the closure of public school buildings and social distancing requirements make traditional in-person education impractical and unsafe during this time of emergency; and
WHEREAS, on March 20, 2020, I issued Declaration of Emergency Directive 005 directing the closure of all County School District school buildings, Charter School buildings and Private School buildings until April 16, 2020, requiring all County Districts and Charter Schools to submit a Request for an Emergency Program of Distance Education to the Superintendent of Public Instruction, and enrolling each pupil then enrolled in the County School District or Charter School in the Emergency Programs upon approval of said Programs; and
WHEREAS, on March 31, 2020, I issued Declaration of Emergency Directive 010 extending the closure of non-essential businesses and all Emergency Directives until April 30, 2020; and
WHEREAS, Nevada Revised Statutes 391A.120 creates certain Regional Training Programs to provide professional development to teachers and administrators, and the development and dissemination of high quality resources to teachers during this emergency is crucial to the success of the Emergency Programs of Distance Education; and
WHEREAS, Nevada Revised Statutes Section 389.167 requires all public high schools to "administer an examination containing ... questions, .. . identical to the questions contained in the civics portion of the naturalization test adopted by the United States Citizenship and Immigration Services of the Department of Homeland Security ... " and requires students to take this examination prior to graduation; and
WHEREAS, Nevada Revised Statutes Section 389.167 allows County Schools Districts and Charter Schools to apply to the State Board of Education for a program of work based learning to allow students to obtain educational credits toward graduation and Nevada Administrative Code Section 389.040 requires 120 hours of instruction for each credit and the opportunities to satisfy existing requirements have been disrupted by the present emergency; and
WHEREAS, these legal requirements present a burden to students seeking to continue to their education during this time of Emergency;
NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of Nevada and the United States, and pursuant to the March 12, 2020, Emergency Declaration,
IT IS HEREBEY ORDERED THAT:
Declaration of Emergency Directive 14 Orders
||County School Districts, Charter Schools, and Private Schools may reopen no earlier than April 30, 2020, and only upon the approval of the Chief Medical Officer of the State of Nevada after a review of the risk of transmission within the geographic area defined by the Chief Medical Officer.
||Pursuant to the authority to delegate powers under NRS 414.060(3)(f) the Superintendent of Public Instruction is delegated the power to, after consultation with my office, temporarily waive or suspend those provisions of Nevada Revised Statutes and the Nevada Administrative Code that place an undue burden on students' ability to graduate from high school.
||The Regional Training Programs created by NRS 391A.120 are directed to report to the Superintendent of Public Instruction on existing efforts to provide guidance and resources to teachers and other licensed personnel and the Superintendent of Public Instruction is directed to provide guidance and resources to the Regional Training Programs.
||The State Board of Education is authorized to approve amendments to any currently existing work-based learning programs that may fail to comply with NAC 389.040.
||Nothing in this Directive, Directive 005, or any other Emergency Directive shall be construed to relieve County School District and Charter School administrators, licensed educators, and other staff of their continuing obligation to provide vital services and education to Nevada's students throughout the period of the school building closure.
||This Directive may be renewed by a subsequent Directive promulgated pursuant to the March 12, 2020 Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic.