Seal of the State of Nevada

DECLARATION OF EMERGENCY DIRECTIVE 022

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 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 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 014 directing that County School Districts, Charter Schools, and Private Schools may reopen no earlier than April 30, 2020; and

WHEREAS, on April 28, 2020, I issued Declaration of Emergency Directive 015, directing that all kindergarten through 12th grade school buildings would remain closed for onsite education for the duration of the 2019-2020 instructional year; and

WHEREAS, on April 30, 2020, I introduced the Nevada United: Roadmap to Recovery plan that outlined a phased approach to reopening Nevada businesses and industry; and

WHEREAS, the Nevada United: Roadmap to Recovery plan set forth a collaborative partnership between state and local governments that included the formation of the Local Empowerment Advisory Panel ("LEAP") to serve as a resource to local governments and local communities; and

WHEREAS, the Nevada Department of Education (NDE) released its Path Forward Plan - Response to CO VID-19 on April 29, 2020, and announced the creation of the Re-Opening of Schools Committee (Committee) whose members include State health officials, district superintendents and staff, charter school leaders, school safety experts, and social and emotional learning and school counseling experts who created the Nevada's Framework for a Safe, Efficient, and Equitable Return to School Buildings (Framework) and presented the Framework to the State Board of Education on June 4,2020;and

WHEREAS, Nevada Revised Statutes Chapter 385B authorizes the Nevada Interscholastic Activities Association, which is composed of all of the school districts of the State for the purposes of controlling, supervising, and regulating all interscholastic athletic events and other interscholastic events in the public schools; and

WHEREAS, Nevada's medical experts indicate that the rate at which COVID-19 is spreading in the State of Nevada has effectively slowed to a level that does not jeopardize the state's healthcare system at the present time due, in part, to Nevadans following strict social distancing measure individually and pursuant to Directives I issued pursuant to the March 12, 2020, Declaration of Emergency; and

WHEREAS, our state has experienced a consistent and sustainable downward trajectory in the percentage of positive COVID-19 cases, a decrease in confirmed COVID hospitalizations over the last month, and a decline in our cumulative test positivity rate from a maximum rate of 12.2% on April 24, 2020, to 5.4% on June 7, 2020; and

WHEREAS, the State Medical Officer has reviewed the risk of transmission in Nevada and determined that schools may reopen subject to the conditions set forth in this Directive and any subsequent directives that may be issued based on any change in the risk of transmission in Nevada; and

WHEREAS, social distancing and behavioral change measures were effective in reducing individual and community risk for spreading and contracting COVID-19, the disease has not been eliminated and measures that protect safety, wellbeing, and public health of Nevadans must remain in effect; and

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, pursuant to the March 12, 2020, Emergency Declaration,

IT IS HEREBY ORDERED THAT:

DECLARATION OF EMERGENCY 022 ORDERS
SECTION 1: In consultation with the State Superintendent of Public Instruction, county school districts, charter schools, and private schools shall develop plans for reopening school buildings, providing instruction, and related activities for the 2020-2021 school year based on Nevada's Path Forward: A Framework for a Saft, Efficient, and Equitable Return to School Buildings and pursuant to any requirements prescribed pursuant to Section 6 of this directive and any additional guidance issued by the Nevada Department of Education. County school districts, charter schools and private schools shall communicate their plans to their school communities, including parents and staff, and present their plans for the 2020- 2021 school year to their governing body as follows:
  1. County school districts shall present their plans to the trustees for the county school district for approval in a public meeting at least 20 days before the first day of the 2020-2021 school year; 
  2. Charter schools shall present their plans for approval in a manner prescribed by their sponsor at least 20 days before the first day of the 2020-2021 school year; and
  3. Private schools· shall present their plans for approval in the manner prescribed by their governing body at least 20 days before the first day of the 2020-2021 school year.
SECTION 2:  Effective 12:01 am on June 10, 2020, all Pre-kindergarten through 12th grade school facilities may re­open to students, staff, and parents/ guardians subject to the conditions set forth in this directive, Directive 021, and guidelines issued by the Nevada Department of Education in consultation with school districts related to the reopening of schools and social distancing guidelines for the following purposes:
  1. In-person instruction involving students and staff, including summer school, high school credit recovery, career and technical education, and extended school ye programming;
  2. Other instructional activities such as special education evaluations and individualized tutoring;
  3. Administrative activities by educators, staff, or students such as locker/ classroom clean out and returning/ retrieving devices and instruments;
  4. Planning activities by educators and staff such as professional development and instructional planning; and
  5. Family and community engagement activities such as school registration, Individualized Education Plan (IEP) meetings, volunteer and partnership planning.
SECTION 3: County school districts, charter schools, and private schools that reopen school buildings or facilities must ensure that occupancy shall not exceed the lesser of 50% of the listed fire code capacity of a single space within a school site or fifty persons in an appropriately sized space that enables all social distancing requirements to be satisfied.
SECTION 4: Sections 2 through 10 of Emergency Directive 005 and shall remain in effect through the conclusion of each county school district or charter school's summer learning and 2019-20 extended school year programming. Emergency Programs of Distance Education approved by the Superintendent of Public Instruction may continue through the conclusion of each county school district or charter school's summer learning and 2019-2020 extended school year programming.
SECTION 5: County school districts and charter schools may offer summer instruction and 2019-2020 extended school year programming through:
  1. Distance education under an approved Emergency Program of Distance Education;
  2. In-person instruction following strict social distancing protocols; or
  3. A combination of distance education and in-person instruction.
Any summer learning opportunities offered in-person must be optional for students; if the learning opportunity is credit-bearing, a distance education option must be provided.
SECTION 6: The Superintendent of Public Instruction shall prescribe minimum requirements and a timeline for each county school district and charter school to develop, receive governing board approval for, and submit to the Department of Education a plan for a Path Forward Program of Distance Education. Such plans will contemplate 2020-2021 school year instruction offered through:
  1. Distance education under an approved Path Forward Program of Distance Education;
  2. In-person instruction following strict social distancing protocols; or
  3. A combination of distance education and in-person instruction.
SECTION 7: County school districts, charter schools, and private schools may reopen school athletic fields and facilities for student athletics training, practices, and competition in accordance with guidance promulgated by the Nevada Interscholastic Activities Association (NIAA) and any applicable conditions set forth by directive regarding athletic events. In promulgating guidance, the NIAA shall consider relevant medical guidance and expertise, including but not limited to guidance issued by the Centers for Disease Control and Prevention (CDC) and the National Federation of State High School Associations (NFHS) Sports Medicine Advisory Committee (SMAC).
SECTION 8: County school districts, charter schools, and private schools may reopen school athletic fields and facilities, including tennis courts, golf courses, swimming pools, and gyms to the public in accordance with all applicable reopening guidelines and protocols for such facilities promulgated by the Nevada State Occupational Safety and Health Association (NV OSHA), the Local Empowerment Advisory Panel (LEAP), and the CDC.
SECTION 9: County school districts, charter schools, and private schools should adhere to all applicable re-opening guidelines and protocols promulgated by NV OSHA, LEAP, and the CDC regarding cleaning practices, quarantine protocols, and social distancing to the maximum extent practicable.
SECTION 10: County school districts, charter schools, and private schools, may keep any school buildings, facilities, or athletic fields closed to students, staff, parents, guardians, or the public at their discretion in the interest of the health and safety of their school community.
SECTION 11: 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.

 

Footer State Seal

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Nevada to be affixed at the State Capitol in Carson City, this 9th day of June, in the year two thousand twenty.

Gov, SOS, DSOS Soctt
Nevada’s Path Forward: A Framework for a Safe, Efficient, and Equitable Return to School Buildings
Nevada Summer Learning & Activity Guidance
Nevada Interscholastic Activities Association Re-Opening Guidance