2005 Nevada Revised Statutes - Chapter 393 — School Property
CARE, MANAGEMENT AND CONTROL OF SCHOOL PROPERTY
NRS 393.010 Management,control and custody of school property.
NRS 393.020 Insurance;use of proceeds.
NRS 393.030 Propertyheld by board of trustees as corporation.
NRS 393.051 Powerof trustees to prohibit or regulate use of motor vehicles on school property.
USE OF SCHOOL PROPERTY FOR PUBLIC PURPOSES
NRS 393.071 Trusteesmay grant use of buildings and grounds for meetings or discussions.
NRS 393.07105 Trusteesmay grant use of school libraries to general public during nonschool hours;cooperative agreements for library personnel and resources; acceptance of giftsand grants and outreach to certain families authorized.
NRS 393.0711 Interferencewith use and occupancy for school purposes prohibited.
NRS 393.0712 Grantconstituting monopoly prohibited.
NRS 393.0713 Termof privilege; renewal and revocation; exception for use of school library bygeneral public.
NRS 393.0714 Grantof use without charge to public agencies for holding examinations to selectpersonnel and to general public for use of school libraries.
NRS 393.0715 Useor grant of use for program or movement to accomplish overthrow of governmentprohibited; penalty.
NRS 393.0717 Regulations.
NRS 393.0718 Custodianof property: Appointment; powers.
NRS 393.0719 Paymentof expenses by school district; reimbursement by users; exception toreimbursement for use of school library by general public.
SCHOOL BUILDINGS AND FACILITIES
NRS 393.080 Generalpowers of board of trustees; notice required to close school or change locationor use of school.
NRS 393.085 Decisionto close or change use of school: Hearing for reconsideration by board oftrustees; judicial review.
NRS 393.090 Dormitoriesand dining halls for students at high school.
NRS 393.092 Oversightpanel for school facilities: Establishment in counties whose population is100,000 or more; membership; terms of members.
NRS 393.095 Oversightpanel for school facilities: Duty of board of trustees to provideadministrative support and information.
NRS 393.096 Oversightpanel for school facilities: Authority of board of trustees to expand duties ofpanel in larger counties.
NRS 393.097 Oversightpanel for school facilities: Duty to submit recommendations to Legislature;approval or denial for issuance of bonds by board of trustees.
NRS 393.100 Repair.
NRS 393.103 Adoptionof policy concerning renovation or reconstruction of older buildings.
NRS 393.105 Maintenanceand availability of material safety data sheet for hazardous materials used onschool buildings or grounds.
NRS 393.110 Design,construction and alteration: Compliance with federal laws; approval of plans byState Public Works Board or building department; contract contrary toprovisions invalid.
NRS 393.130 Contractfor construction or repair on basis of cost plus fee.
SCHOOL SITES
NRS 393.140 Exchange,purchase, lease and acquisition of school sites and other real property.
NRS 393.155 Expendituresfor improvements not located on property of school district.
EQUIPMENT, SUPPLIES AND PRINTING
NRS 393.160 Powersof trustees.
NRS 393.170 Librarybooks, textbooks and other school supplies: Purchase; payment for damage;ownership; penalty.
NRS 393.200 UnitedStates flag provided by trustees; use.
NRS 393.210 Printingfor school district by newspaper or commercial establishment within district;exceptions.
SALE, LEASE OR RENTAL OF REAL PROPERTY BELONGING TO A SCHOOLDISTRICT
NRS 393.220 Powerof trustees.
NRS 393.240 Appointment,report and compensation of appraisers; exceptions.
NRS 393.245 Procedurefor sale or lease of real property to bidder or through licensed real estatebroker; terms of payment; board of trustees authorized to enter into brokerageagreement to list house or other structure built by pupils.
NRS 393.247 Saleof house or other structure built by pupils authorized; requirements forexclusive listing with real estate broker; payment of commission to real estatebroker; exemption from certain provisions.
NRS 393.250 Adoptionand contents of resolution declaring intention to sell or lease property;additional requirements of resolution for sale of house or other structurebuilt by pupils.
NRS 393.260 Noticeof adoption of resolution and of meeting: Posting and publication.
NRS 393.270 Openingof proposals; acceptance; procedure to be followed if a bid is not receivedthat is at least equal to cash market value of property.
NRS 393.280 Oralbids; acceptance of highest oral bid; commission for broker.
NRS 393.290 Finalacceptance.
NRS 393.300 Rejectionof bids and withdrawal of property from sale or lease.
NRS 393.310 Authorizationto execute and deliver deed or lease.
NRS 393.320 Depositof money received from sale or lease in buildings and sites fund.
NRS 393.325 Leaseof school building for community center; conditions.
LEASE OR RENTAL OF REAL PROPERTY OF SCHOOL DISTRICT HAVINGRENTAL VALUE OF $5,000 OR LESS A YEAR
NRS 393.3251 Leaseor rental of certain real property without formal appraisal; resolution ofintention to lease or rent.
NRS 393.3252 Noticeof adoption of resolution and of meeting: Publication.
NRS 393.3253 Meeting:Procedure; call for bids; acceptance of highest oral bid.
NRS 393.3254 Renewalof lease or rental agreement; review and adjustment.
NRS 393.3255 Depositof money received from lease or rental in buildings and sites fund.
EXCHANGE OF REAL PROPERTY BELONGING TO SCHOOL DISTRICT
NRS 393.326 Powerof trustees.
NRS 393.327 Mannerof making exchanges.
NRS 393.328 Appraisers:Appointment, report and compensation.
NRS 393.329 Resolutiondeclaring intention to exchange property: Adoption and contents.
NRS 393.3291 Noticeof adoption of resolution and of meeting: Posting and publication.
NRS 393.3292 Orderfor exchange; execution of necessary conveyances.
NRS 393.3293 Depositof money received from exchange in school district fund.
DIVISION OF PROPERTY UPON ABOLISHMENT OF COUNTY OR CHANGE OFBOUNDARIES OF COUNTY
NRS 393.370 Abolishmentof county.
NRS 393.380 Changeof countys boundaries.
UNLAWFUL ACTS
NRS 393.400 Surreptitiouselectronic surveillance; exceptions.
NRS 393.405 Useof diisocyanate in maintenance or repair of building owned or operated byschool while certain persons are present; penalty.
NRS 393.410 Damageto school property; nuisance; loitering; trespass; penalties.
_________
CARE, MANAGEMENT AND CONTROL OF SCHOOL PROPERTY
NRS
1. Manage and control the school property within itsdistrict, except for any property belonging to a charter school.
2. Have the custody and safekeeping of the districtschoolhouses, their sites and appurtenances.
[409:32:1956](NRS A
NRS
1. The board of trustees of a school district mayinsure for a reasonable amount the schoolhouses, furniture and school apparatuswith some company authorized by law to transact business in the State ofNevada, and may comply with the conditions of the insurance policies.
2. Except as provided in subsection 3, any moneyreceived by a school district from insurance as payment for property loss shallbe deposited with the county treasurer in a special fund to the credit of theschool district, and may be expended in the manner provided by law for therepair, rebuilding or replacement of the property damaged or destroyed, withoutspecial budget provisions for such expenditure.
3. If the repair, rebuilding or replacement of theproperty damaged or destroyed is not in the best interest of the district, asdetermined by the board of trustees, the insurance proceeds may be transferredfrom the special fund to the school district buildings and sites fund. Thissubsection does not apply where, in order to obtain the maximum insuranceproceeds, the insurance contract requires that the school improvement bereconstructed on the same site.
[410:32:1956](NRS A 1969, 590; 1979, 1617)
NRS
[411:32:1956]
NRS
1. As used in this section, motor vehicle means amotor vehicle as defined in NRS 482.075.
2. The board of trustees of a school district byresolution may make, modify or abolish such rules prohibiting, restricting orregulating the operation and parking of motor vehicles upon property controlledby the district as the board considers convenient or necessary for the policingof such property.
3. The rules promulgated under subsection 2 shallbecome effective when appropriate signs giving notice thereof are erected uponsuch property.
4. Every peace officer may enforce the rulespromulgated under subsection 2.
5. The district and any other political subdivision ofthis state may enter into agreements or contracts for the purpose of providinga uniform system of enforcement of the rules promulgated under subsection 2.
(Added to NRS by 1973, 268)
USE OF SCHOOL PROPERTY FOR PUBLIC PURPOSES
NRS
(Added to NRS by 1959, 295; A
NRS
1. The board of trustees of a school district maygrant the use of libraries in the public schools located within the schooldistrict to the general public during times that are not regular school hours.
2. A member of the general public who possesses alibrary card issued by a public library, as that term is defined in
3. The board of trustees of a school district mayenter into one or more cooperative agreements with:
(a) The trustees of a consolidated, county, district,town or other public library located within the county in which the schooldistrict is located; and
(b) The governing authority of a city library locatedwithin the county in which the school district is located,
for theprovision of library personnel and resources for a school library locatedwithin the school district that is open to the general public pursuant to thissection.
4. If the board of trustees of a school districtgrants the use of school libraries to the general public, the board of trusteesmay:
(a) Solicit and accept gifts, grants and other supportfor the costs and expenses associated with the use of the school libraries bythe general public.
(b) Enhance its outreach to families with preschoolchildren, parents who need to improve their literacy skills and the generalcommunity.
(Added to NRS by
NRS
(Added to NRS by 1959, 295; A 1979, 1618)
NRS
(Added to NRS by 1959, 295)
NRS
1. Except as otherwise provided in subsection 2, theprivilege of using the buildings or grounds must not be granted for a periodexceeding 1 year. The privilege is renewable and revocable in the discretion ofthe board of trustees at any time.
2. The time limitation set forth in subsection 1 doesnot apply to the use of a school library pursuant to
(Added to NRS by 1959, 295; A
NRS
1. Public agencies for the purpose of holdingexaminations for the selection of personnel.
2. The general public for use of school librarieswithin the school district pursuant to NRS393.07105.
(Added to NRS by 1959, 295; A
NRS
1. No school property, buildings or grounds may beused to further any program or movement the purpose of which is to accomplishthe overthrow of the Government of the United States or of any state by force,violence or other unlawful means.
2. No board of trustees of any school district maygrant the use of any school property, building or grounds to any person ororganization for any use in violation of this section.
3. Any violation of this section is a misdemeanor.
(Added to NRS by 1959, 295)
1. The board of trustees of the school district shallmake all necessary regulations for the use of school buildings and grounds forcivic meetings and recreational activities, and for the aid, assistance andencouragement of recreational activities.
2. The use of any school buildings or grounds for anymeeting or recreational activity is subject to such reasonable regulations asthe board of trustees prescribes.
(Added to NRS by 1959, 295; A 1979, 1618)
NRS
(Added to NRS by 1959, 295; A 1993, 2531)
NRS
1. Lighting, heating, janitorial service and theservices of the person referred to in NRS393.0718, when needed, and other necessary expenses, in connection with theuse of public school buildings and grounds pursuant to
2. The board of trustees of a school district may notrequest reimbursement for the costs and expenses associated with the use of aschool library by the general public pursuant to
(Added to NRS by 1959, 296; A
SCHOOL BUILDINGS AND FACILITIES
NRS
1. The board of trustees of a school district may:
(a) Build, purchase or rent schoolhouses and otherschool buildings, including, but not limited to, teacherages, gymnasiums andstadiums, and dormitories and dining halls as provided in
(b) Enter into lease agreements for school facilitieswith an option to purchase the facilities.
(c) Change the location of schools.
(d) Close a school or change the use of the schoolbuilding to a purpose other than the teaching of kindergarten through 12thgrade.
(e) Supervise and inspect the work performed pursuantto a contract to which the provisions of NRS393.110 apply.
2. Any board of trustees which proposes to change thelocation of a school, close a school or change the use of a school building asprovided in subsection 1 shall give 30 days written notice to the principaland teachers of the affected school and to the parents of the childrenattending that school. In addition the board of trustees shall publish a noticeof the subject, time and place of the meeting at which the matter will beconsidered, in a newspaper of general circulation in the county at least 10days before the meeting.
[416:32:1956](NRS A 1977, 1562; 1993, 2410; 1997,2457)
NRS
(Added to NRS by 1977, 1562; A
NRS
[417:32:1956]
NRS
1. The board of trustees of a school district in acounty whose population is 100,000 or more shall establish an oversight panelfor school facilities, consisting of 11 members selected as follows:
(a) Six members who are elected representatives oflocal government, to be determined as follows:
(1) One member of the board of countycommissioners appointed by a majority vote of the board of countycommissioners;
(2) One member of the governing body of eachincorporated city in the county, each of whom is appointed by a majority voteof the governing body of which he is a member; and
(3) If the membership determined pursuant tosubparagraphs (1) and (2) is less than six, one additional member of the boardof county commissioners appointed by a majority vote of the board of countycommissioners and, if applicable, additional members of the governing bodies ofincorporated cities in the county, each of whom must be appointed by a majorityvote of the governing body of which he is a member, until six members have beenappointed. If the membership determined pursuant to this paragraph would resultin an unequal number of representatives among the incorporated cities, themembership of the incorporated cities on the oversight panel must be rotatedand the board of county commissioners shall draw lots to determine which cityor cities will be first represented, which next, and so on.
(b) Five members appointed by the board of trustees ofthe county school district to be determined as follows:
(1) One member who has experience in structuralor civil engineering;
(2) One member who has experience in mattersrelating to the construction of public works projects;
(3) One member who has experience in thefinancing or estimation of the cost of construction projects;
(4) One member who is a representative of thegaming industry; and
(5) One member who is a representative of thegeneral public who has an interest in education.
2. After the initial terms, the term of each member ofthe oversight panel is 2 years. Members of the oversight panel are eligible forreappointment.
(Added to NRS by 1997, 2456)
NRS
1. Provide administrative support to the oversightpanel for school facilities established by the board of trustees pursuant to
2. Comply with all requests by the oversight panel forinformation.
(Added to NRS by 1997, 2456)
NRS
1. The board of trustees of a school district in acounty whose population is 400,000 or more may, by a vote of not less than two-thirdsof the total membership of the board of trustees, expand the duties of theoversight panel for school facilities established for the school districtpursuant to NRS 393.092.
2. If the board of trustees votes to expand the dutiesof the oversight panel, the board of trustees shall:
(a) Prepare a 3-year plan for the renovation of schoolfacilities and a 5-year plan for the construction of school facilities withinthe school district for submission to the oversight panel for its review andrecommendations;
(b) Appoint the assistant superintendent of schoolfacilities or his designee, if the board of trustees has employed a person toserve in that capacity, or otherwise appoint an employee of the school districtwho has knowledge and experience in school construction, to act as a liaisonbetween the school district and the oversight panel;
(c) Consider each recommendation made by the oversightpanel and, if the board of trustees does not adopt a recommendation, state inwriting the reason for its action and include the statement in the minutes ofthe board of trustees, if applicable; and
(d) In addition to the administrative support requiredpursuant to NRS 393.095, provide suchadministrative support to the oversight panel as is necessary for the oversightpanel to carry out its expanded duties.
3. If the board of trustees votes to expand the dutiesof the oversight panel, the oversight panel shall:
(a) Work cooperatively with the board of trustees ofthe school district to ensure that the program of school construction andrenovation is responsive to the educational needs of pupils within the schooldistrict;
(b) Review the 3-year plan for the renovation of schoolfacilities and the 5-year plan for the construction of school facilitiessubmitted by the board of trustees of the school district and makerecommendations to the board of trustees for any necessary revisions to theplans;
(c) On a quarterly basis, or more frequently if theoversight panel determines necessary, evaluate the program of schoolconstruction and renovation that is designed to carry out the 3-year plan andthe 5-year plan and make recommendations to the board of trustees concerningthe program;
(d) Make recommendations for the management ofconstruction and renovation of school facilities within the school district ina manner that ensures effective and efficient expenditure of public money; and
(e) Prepare an annual report that includes a summary ofthe progress of the construction and renovation of school facilities within theschool district and the expenditure of money from the proceeds of bonds for theconstruction and renovation, if such information is available to the oversightpanel.
(Added to NRS by
NRS
1. On or before July 1 of each even-numbered year,each oversight panel for school facilities established in a county whosepopulation is 100,000 or more pursuant to NRS393.092 and each board of trustees of a school district in a county whosepopulation is less than 100,000 shall submit to the Director of the LegislativeCounsel Bureau for transmittal to the next regular session of the Legislaturewritten recommendations for financing the costs of new construction, design,maintenance and repair of school facilities.
2. In a county whose population is 100,000 or more,the oversight panel for school facilities shall review and approve ordisapprove a request by the board of trustees of the school district for theissuance of general obligation bonds pursuant to subsection 4 of
(Added to NRS by 1997, 2457)
NRS
[418:32:1956](NRS A 1959, 809; 1979, 1618)
NRS
1. Whether older buildings should be renovated orreconstructed or whether new buildings to replace those older buildings shouldbe constructed or purchased, including, without limitation, a determination ofthe costs to renovate or reconstruct existing buildings and facilities tocomply with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 etseq., in comparison with the costs to construct or purchase new buildings andfacilities.
2. The manner in which the board of trustees willexpend or disburse money that the board did not otherwise anticipate would beavailable to finance the renovation or reconstruction of older buildings andthe construction or purchase of new buildings, if such money, in fact, becomesavailable.
(Added to NRS by
NRS
1. The board of trustees of a school district shallensure that each school under its management and control:
(a) Maintains at the school a material safety datasheet for each hazardous chemical used on the buildings or grounds of theschool;
(b) Complies with any safety precautions contained inthose sheets; and
(c) Makes those sheets available to all the personnelof the school and the parents of each pupil attending the school.
2. For the purposes of this section, material safetydata sheet has the meaning ascribed to it in 29 C.F.R. 1910.1200.
(Added to NRS by 1997, 3352)
NRS
1. Each school district shall, in the design,construction and alteration of school buildings and facilities comply with theapplicable requirements of the Americans with Disabilities Act of 1990, 42U.S.C. 12101 et seq., and the regulations adopted pursuant thereto,including, without limitation, the Americans with Disabilities ActAccessibility Guidelines for Buildings and Facilities set forth in Appendix Aof Part 36 of Title 28 of the Code of Federal Regulations. The requirements ofthis subsection are not satisfied if a school district complies solely with theUniform Federal Accessibility Standards set forth in Appendix A of Part101-19.6 of Title 41 of the Code of Federal Regulations.
2. Except as otherwise provided in subsection 3:
(a) Unless standard plans, designs and specificationsare to be used as provided in NRS 385.125,before letting any contract or contracts for the erection of any new schoolbuilding, the board of trustees of a school district shall submit plans,designs and specifications therefor to, and obtain the written approval of theplans, designs and specifications by, the State Public Works Board. The StatePublic Works Board shall review the plans, designs and specifications and makeany recommendations as expeditiously as practicable. The State Public Works Boardis authorized to charge and collect, and the board of trustees is authorized topay, a reasonable fee for the payment of any costs incurred by the State PublicWorks Board in securing the approval of qualified architects or engineers ofthe plans, designs and specifications submitted by the board of trustees incompliance with the provisions of this paragraph.
(b) Before letting any contract or contracts for anyaddition to or alteration of an existing school building which involvesstructural systems, or exiting, sanitary or fire protection facilities, theboard of trustees of a school district shall submit plans, designs andspecifications therefor to, and obtain the written approval of the plans, designsand specifications by, the State Public Works Board. The State Public WorksBoard shall review the plans, designs and specifications and make any recommendationsas expeditiously as practicable. The State Public Works Board is authorized tocharge and collect, and the board of trustees is authorized to pay, areasonable fee for the payment of any costs incurred by the State Public WorksBoard in securing the approval of qualified architects or engineers of theplans, designs and specifications submitted by the board of trustees incompliance with the provisions of this paragraph.
The StatePublic Works Board shall verify that all plans, designs and specifications thatit reviews pursuant to this section comply with all applicable requirements ofthe Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., andthe regulations adopted pursuant thereto, including, without limitation, theAmericans with Disabilities Act Accessibility Guidelines for Buildings andFacilities set forth in Appendix A of Part 36 of Title 28 of the Code ofFederal Regulations. The requirements of this subsection are not satisfied ifthe plans, designs and specifications comply solely with the Uniform FederalAccessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 ofthe Code of Federal Regulations.
3. The State Public Works Board may enter into anagreement with the appropriate building department of a county or city toreview plans, designs and specifications of a school district pursuant tosubsection 2. If the State Public Works Board enters into such an agreement,the board of trustees of the school district shall submit a copy of its plans,designs and specifications for any project to which subsection 2 applies to thebuilding department before commencement of the project for the approval of the buildingdepartment. The building department shall review the plans, designs andspecifications and provide responsive comment as expeditiously as practicableto verify that the plans, designs and specifications comply with all applicablerequirements of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101et seq., inclusive, and the regulations adopted pursuant thereto, including,without limitation, the Americans with Disabilities Act AccessibilityGuidelines for Buildings and Facilities set forth in Appendix A of Part 36 ofTitle 28 of the Code of Federal Regulations. The building department may chargeand collect a reasonable fee from the board of trustees of the school districtfor the payment of any costs incurred by the building department in reviewingthe plans, designs and specifications. A permit for construction must not beissued without the approval of the building department pursuant to thissubsection. The requirements of this subsection are not satisfied if the plans,designs and specifications comply solely with the Uniform Federal AccessibilityStandards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code ofFederal Regulations.
4. No contract for any of the purposes specified insubsection 1 made by a board of trustees of a school district contrary to theprovisions of this section is valid, nor shall any public money be paid forerecting, adding to or altering any school building in contravention of thissection.
[419:32:1956](NRS A 1973, 728, 907; 1993, 2410,2411; 1997, 2457; 1999,2854)
NRS
[421:32:1956](NRS A 1967, 1240; 1979, 1618)
SCHOOL SITES
NRS
[422:32:1956](NRS A 1957, 297; 1961, 63)
NRS
(Added to NRS by 1965, 556; A 1967, 62; 1979, 299,1618)
EQUIPMENT, SUPPLIES AND PRINTING
NRS
1. To purchase, rent or otherwise acquire supplies andequipment necessary for the operation of the public schools and other schoolfacilities of the school district.
2. To furnish writing and drawing paper, pens, ink,blackboards, erasers, crayons, lead pencils and other necessary supplies forthe use of the schools.
3. To repair any equipment.
[424:32:1956]
NRS
1. The board of trustees of a school district shallpurchase all new library books and supplies, all new textbooks andsupplementary schoolbooks which are necessary and have been approved by theState Board of Education, and school supplies necessary to carry out themandates of the school curriculum to be used by the pupils of the schooldistrict. The cost of the books and supplies is a legal charge against theschool district fund.
2. All books purchased by the board of trustees mustbe held as property of the school district, and must be loaned to the pupils ofthe school in the school district while pursuing a course of study therein.
3. The parents and guardians of pupils are responsiblefor all books and any and all other material or equipment loaned to thechildren in their charge, and shall pay to the clerk of the board of trustees,or to any other person authorized by the board to receive the same, the fullpurchase price of all such books, material or equipment destroyed, lost or sodamaged as to make them unfit for use by other pupils succeeding to theirclasses. The board of trustees shall establish reasonable rules and regulationsgoverning the care and custody of such school property, and for the payment offines for damage thereto.
4. Equipment and materials for use in manual training,industrial training and teaching domestic science may be supplied to the pupilsin the same manner, out of the same fund, and on the same terms and conditionsas books. No private ownership may be acquired in such equipment or material,unless sold in the manner prescribed by law when such equipment or material areno longer used or required for the schools of the school district.
5. Authorized supplementary books and desk books forthe use of teachers must be purchased under NRS393.160 to 393.210, inclusive, andremain the property of the school district for which they were purchased,unless sold in accordance with the provisions of this chapter.
6. The clerk of the board of trustees shall turn overto the county treasurer, within 30 days after receiving it, all money,collected under the provisions of this section, and the money must be creditedto the school district fund.
7. Any person violating any of the provisions of thissection is guilty of a misdemeanor.
[425:32:1956](NRS A 1967, 567; 1973, 235; 1991, 478)
NRS
[428:32:1956](NRS A 1959, 809; 1979, 1618)
NRS
1. Except as otherwise provided in this section and
2. If one or more bona fide newspapers or bona fidecommercial printing establishments exist within the school district but none isadequately equipped to do the printing, the printing must be placed with a bonafide newspaper or bona fide commercial printing establishment in the Stateadequately equipped to do the printing.
3. Printing required by school districts must be donewithin the State, except that school district bonds and other evidences ofindebtedness may be printed outside the State.
4. Printing is required to be placed as provided inthis section only if satisfactory services are rendered by all such printingestablishments and reasonable charges are made therefor. As used in thissubsection, reasonable charges means charges not in excess of the amountnecessary to be paid for similar work in other printing establishments.
[Part 1:120:1925; A 1927, 227; NCL 5610] +[429:32:1956](NRS A 1959, 217; 1979, 1619;
SALE, LEASE OR RENTAL OF REAL PROPERTY BELONGING TO A SCHOOLDISTRICT
1. When the board of trustees of a school districtdetermines that the sale, rental or lease of real property belonging to theschool district is necessary or for the best interests of the school district,the board shall have the power to sell, rent or lease such real property,whether acquired by purchase, dedication or otherwise.
2. The provisions of subsection 1 shall not beconstrued to permit the sale, rental or lease of any real property incontravention of any condition in a gift or devise of real property to theschool district.
[430:32:1956](NRS A 1969, 275)
NRS
1. Except as otherwise provided in this section and
2. The appraisers shall make a report to the board oftrustees of their findings and determinations of the cash market value of theproperty proposed to be sold, or the rental value of the property proposed tobe leased.
3. Except as otherwise provided in this section and
4. The compensation of each appraiser appointedpursuant to the provisions of this section must be fixed by the board oftrustees and is a legal charge against the school district fund.
5. The board of trustees may sell real propertywithout an independent appraisal if the property is reasonably determined bythe board to have a fair market value of $5,000 or less.
6. If the board of trustees proposes to sell a houseor other structure that is built by pupils enrolled in a program of instructionoffered by a public school in the school district, the report concerning thecash market value of the house or other structure required to be submitted tothe board of trustees pursuant to the provisions of subsection 2 must beprepared and submitted by an appraiser appointed by the board.
[432:32:1956](NRS A 1959, 809; 1969, 275; 1975, 31;1979, 1619; 1981, 377; 2001,588; 2003, 937)
NRS
1. The board of trustees may sell or lease realproperty:
(a) To a responsible bidder in the manner provided by
(b) Through a licensed real estate broker. Except asotherwise provided in subsection 3, an exclusive listing may not be given. Inall listings, the board of trustees shall specify the minimum price or rental, theterms of the sale or lease, and the commission to be allowed, which must notexceed the normal commissions prevailing in the community at the time.
2. Except as otherwise provided in this subsection,all sales may be made for cash, or for not less than 25 percent cash down andupon deferred payments for not more than 10 years, secured by a mortgage ordeed of trust, bearing such interest and upon such further terms as specifiedby the board of trustees. The sale of a house or other structure that is builtby pupils enrolled in a program of instruction offered by a public school inthe school district may be for cash or upon such terms and conditions as aredetermined by the board of trustees.
3. If the board of trustees proposes to sell a houseor other structure built by pupils enrolled in a program of instruction offeredby a public school in the school district, the board of trustees may enter intoa brokerage agreement to list the house or structure with a real estate brokerwho:
(a) Is licensed in this state;
(b) Maintains an office within the county where theschool district is located; and
(c) Has been selected by the board of trustees pursuantto the provisions of NRS 393.247.
4. The provisions of this section apply to all salesand leases of real property, except leases and rentals subject to
(Added to NRS by 1967, 269; A 1975, 32;
NRS
1. The board of trustees may, after complying with anyother applicable provision of NRS 393.220to 393.325, inclusive, sell any house orother structure built by pupils enrolled in a program of instruction offered bya public school in the school district by accepting written proposals for thepurchase of the house or structure at any public meeting held by the board oftrustees.
2. If the board of trustees proposes to sell a houseor other structure built by pupils enrolled in a program of instruction offeredby a public school in the school district and wishes to give an exclusivelisting to a real estate broker to sell the house or structure, the board oftrustees shall cause written notice to be published at least once in anewspaper of general circulation within the county not less than 30 days beforeadopting a resolution of intention to sell the house or structure pursuant to theprovisions of NRS 393.250. The noticemust:
(a) Describe the house or structure in such a manner asto identify it; and
(b) Include a statement indicating that:
(1) The board of trustees intends to adopt aresolution pursuant to the provisions of NRS393.250 and the proposed date for its adoption; and
(2) If a real estate broker wishes to beincluded in a list of prospective real estate brokers prepared pursuant to theprovisions of subsection 3, the real estate broker may provide a written noticeof that fact to the board of trustees not less than 10 days before the datespecified in subparagraph (1). To qualify for inclusion on the list, a realestate broker must maintain an office within the county where the schooldistrict is located.
3. Before adopting a resolution specified insubsection 2, the board of trustees shall:
(a) Prepare a list that includes the name of eachqualified real estate broker from whom the board of trustees received a writtennotice pursuant to the provisions of subparagraph (2) of paragraph (b) ofsubsection 2; and
(b) Upon completion of the list, select by lottery areal estate broker who maintains an office within the county where the schooldistrict is located from the list.
4. If the board of trustees sells a house or otherstructure built by pupils enrolled in a program of instruction offered by apublic school in the school district and if the purchaser of the house orstructure was procured by a real estate broker who was selected pursuant to theprovisions of subsection 3, the board of trustees shall pay a commission to thereal estate broker for the full amount for which the sale is confirmed. If thereal estate broker did not procure the purchaser of the house or structure, theboard of trustees shall pay one-half of the commission on the full amount forwhich the sale is confirmed to the real estate broker and one-half of the commissionto the real estate broker who procured the purchaser of the property.
5. The provisions of paragraph (c) of subsection 2 of
(Added to NRS by
NRS
1. Before ordering the sale or lease of any property,the board of trustees shall, in an open meeting by a majority vote of themembers, adopt a resolution declaring its intention to sell the property, or aresolution declaring its intention to lease it.
2. The resolution must:
(a) Describe the property proposed to be sold or leasedin such a manner as to identify it.
(b) Specify the minimum price or rental, and the termsupon which it will be sold or leased, and the commission, if any, which mustnot exceed the normal commissions prevailing in the community at the time,which the board will pay to a licensed real estate broker.
(c) Except as otherwise provided in
3. In addition to the requirements specified insubsection 2, if the property proposed to be sold is a house or other structurebuilt by pupils enrolled in a program of instruction offered by a public schoolin the school district and the board of trustees has listed the house orstructure with a real estate broker pursuant to the provisions of subsection 3of NRS 393.245, the resolution requiredpursuant to the provisions of this section must include:
(a) The name, business address and telephone number ofthe real estate broker; and
(b) The period during which the house or structure maybe inspected by prospective purchasers.
[433:32:1956](NRS A 1967, 269; 1975, 32;
NRS
1. Posting copies of the resolution in three publicplaces in the school district not less than 15 days before the date of themeeting; and
2. Publishing the resolution not less than once a weekfor 2 successive weeks before the meeting in a newspaper of general circulationpublished in the school district, if any such newspaper is published therein.
[434:32:1956](NRS A
NRS
1. Except as otherwise provided in
2. If the real property is subject to the requirementof an independent appraisal pursuant to NRS393.240 and the board of trustees does not receive a bid that is at leastequal to the cash market value of the property as determined by the appraisers,the board of trustees may, at the session held pursuant to subsection 1 or inan open meeting of the board of trustees held pursuant to
3. If the board of trustees, upon opening theproposals received pursuant to the amended resolution, does not receive a bidthat is at least equal to the cash market value of the property as determinedby the appraisers, the board of trustees may, at the session held pursuant tothe amended resolution or in an open meeting of the board of trustees heldpursuant to NRS 393.250, amend theresolution a second time, including, without limitation, setting a time, notless than 3 weeks thereafter, for another public meeting of the board oftrustees to be held at its regular place of meeting, at which sealed proposalsto purchase or lease will again be received and considered. If the board oftrustees adopts an amended resolution pursuant to this subsection, the boardshall notice the amended resolution pursuant to
[435:32:1956](NRS A
NRS
1. Before accepting any written proposal, the board oftrustees shall call for oral bids. If, upon the call for oral bidding, anyresponsible person offers to purchase the property or to lease the property, asthe case may be, upon the terms and conditions specified in the resolution, fora price or rental exceeding by at least 5 percent the highest written proposal,after deducting the commission, if any, to be paid a licensed real estatebroker in connection therewith, the oral bid which is the highest afterdeducting any commissions to be paid a licensed real estate broker in connectiontherewith, which is made by a responsible person, must be finally accepted.
2. If a sale or lease is made on a higher oral bid toa purchaser procured by an authorized, licensed real estate broker, other thanthe broker who submitted the highest written proposal, the board shall allow acommission on the full amount for which the sale is confirmed. One-half of thecommission on the amount of the highest written proposal must be paid to thebroker who submitted it, and the balance of the commission on the purchaseprice to the broker who procured the purchaser to whom the sale was confirmed.If a sale or lease is made on a higher oral bid to a purchaser not procured bya licensed real estate broker, the board shall allow one-half of the commissionon the amount of the highest written proposal, if that highest written proposalwas submitted by a licensed real estate broker.
[436:32:1956](NRS A 1967, 270;
NRS
1. At the same session held pursuant to the provisionsof NRS 393.270;
2. At any adjourned session of the same meeting heldwithin the 10 days next following; or
3. If the board of trustees is selling a house orother structure built by pupils enrolled in a program of instruction offered bya public school in the school district, at any public meeting held pursuant tothe provisions of NRS 393.247.
[437:32:1956](NRS A
NRS
1. At the session held pursuant to the provisions of
2. At any public meeting held by the board of trusteespursuant to the provisions of NRS 393.247,
if it deemssuch an action to be for the best public interest, reject any bid, and withdrawthe property from sale or lease.
[438:32:1956](NRS A
NRS
[439:32:1956](NRS A 1967, 270)
NRS
[440:32:1956](NRS A 1963, 431)
NRS
1. Notwithstanding any of the provisions of
2. The following conditions shall apply:
(a) The lease must be made with a nonprofit associationproperly and regularly formed and maintained by residents of a particularcommunity or area within the school district desiring to utilize an availableschool building as a community center.
(b) Any school building so leased must be used forcommunity center purposes only, and may not be used for private gain.
(c) The lease shall provide for cancellation of thelease and a return of the school building to the possession of the school district,upon 30 days written notice and demand, should the board of trustees find itdesirable again to operate a school within the building or should the buildingcease to be used for community center purposes.
3. The lease may contain such further provisions asthe board of trustees deems appropriate, including but not restricted to aprovision for the cancellation of the lease and return of the building undersuch other conditions and upon such terms as may be agreed.
(Added to NRS by 1957, 103; A 1967, 174)
LEASE OR RENTAL OF REAL PROPERTY OF SCHOOL DISTRICT HAVINGRENTAL VALUE OF $5,000 OR LESS A YEAR
NRS
1. When the board of trustees determines that therental value of any real property belonging to the school district is $5,000 orless a year, the board of trustees may lease or rent such property for a yearor less without obtaining a formal appraisal.
2. After determining the amount and the terms of thelease, the board of trustees shall in open meeting by a majority vote of themembers adopt a resolution declaring its intention to lease the property. Theresolution shall:
(a) Describe the real property proposed to be leased, andsuch description must be sufficiently clear to identify readily the propertyinvolved.
(b) Specify the rental price and the use for which theproperty is to be leased or rented. All leases and rentals shall be for cash.
(c) Fix a time, not less than 1 week after publicationof notice, for a public meeting of the board of trustees to be held at itsregular place of meeting, at which time lease or rental proposals will be heardand considered.
(Added to NRS by 1969, 274; A 1975, 164)
NRS
(Added to NRS by 1969, 274)
NRS
1. At the time and place fixed in the notice for themeeting required by NRS 393.3251, theclerk of the board of trustees shall read the public notice.
2. The president of the board of trustees shall thenask for any:
(a) Protests to the proposed lease.
(b) Proposals from any individuals or associationsinterested in leasing the property. The board of trustees shall not considerany such proposal unless the amount of the rental is at least 5 percent greaterthan the amount specified in the original proposal and the notice.
3. After hearing any protests or additional proposals,the board of trustees shall determine whether to lease or rent such property,and if so, it shall accept the highest oral bid if such bid is made by aresponsible person and meets the requirements of subsection 2.
(Added to NRS by 1969, 274)
NRS
(Added to NRS by 1969, 274)
NRS
(Added to NRS by 1969, 275)
EXCHANGE OF REAL PROPERTY BELONGING TO SCHOOL DISTRICT
1. When the board of trustees of a school districtdetermines that the exchange of real property belonging to the school districtfor real property belonging to an individual, partnership or corporation, otherthan a public agency as defined in NRS277.050 or an Indian tribe, is necessary or for the best interests of theschool district, the board shall have the power to exchange such real property,whether acquired by purchase, dedication or otherwise.
2. The provisions of subsection 1 shall not beconstrued to permit the exchange of any real property in contravention of anycondition in a gift or devise of real property to the school district.
(Added to NRS by 1961, 64; A
NRS
(Added to NRS by 1961, 64; A
NRS
1. When the board of trustees proposes to exchangereal property, the board shall appoint one appraiser. The owner of the otherreal property proposed to be exchanged shall appoint one appraiser. A thirdappraiser shall be appointed by the Superintendent of Public Instruction.
2. The appraisers shall make a report to the board oftrustees of their findings and determinations of the cash market value of thereal properties proposed to be exchanged.
3. The exchange of real property shall be made only atthe values fixed by the appraisers. If the real properties sought to be exchangedare not of equal value, the owner of the parcel of real property of lesservalue shall pay in money to the owner of the parcel of real property of greatervalue the difference.
4. The compensation of the appraisers shall be fixedby the board of trustees, and shall be a legal charge against the schooldistrict.
(Added to NRS by 1961, 64; A 1979, 1620)
NRS
1. After receiving the report of the appraisers andbefore ordering the exchange of any real property, the board of trustees shall,in open meeting by a majority vote of the members, adopt a resolution declaringthe boards intention to exchange the real property.
2. The resolution shall:
(a) Describe the real properties proposed to beexchanged in such a manner as to identify them.
(b) Specify the cash market value of the realproperties proposed to be exchanged as determined by the appraisers.
(c) Fix a time, not less than 3 weeks thereafter, for apublic meeting of the board of trustees to be held at its regular place ofmeeting, at which meeting objections to the proposed exchange may be made byinterested persons.
(Added to NRS by 1961, 64)
NRS
1. Posting copies of the resolution in three publicplaces in the school district not less than 15 days before the date of themeeting; and
2. Publishing the resolution not less than once a weekfor 2 successive weeks before the meeting in a newspaper of general circulationpublished in the school district, if any such newspaper is published therein.
(Added to NRS by 1961, 64)
NRS
(Added to NRS by 1961, 65)
NRS
(Added to NRS by 1961, 65; A 1971, 1349; 1975, 1810)
DIVISION OF PROPERTY UPON ABOLISHMENT OF COUNTY OR CHANGEOF BOUNDARIES OF COUNTY
NRS
1. When a county is abolished as provided in Section36 of Article 4 of the Constitution of the State of Nevada, and
2. When a county is abolished as provided in Section 36of Article 4 of the Constitution of the State of Nevada, and
[445:32:1956]
NRS
[446:32:1956]
UNLAWFUL ACTS
NRS
1. Except as otherwise provided in subsection 2, it isunlawful for a person to engage in any kind of surreptitious electronicsurveillance on any property of a public school without the knowledge of theperson being observed.
2. Subsection 1 does not apply to any electronicsurveillance:
(a) Authorized by a court order issued to a publicofficer, based upon a showing of probable cause to believe that criminalactivity is occurring on the property of the public school under surveillance;
(b) By a law enforcement agency pursuant to a criminalinvestigation;
(c) Which is necessary as part of a system of securityused to protect and ensure the safety of persons on the property of the publicschool; or
(d) Of a class or laboratory when authorized by theteacher of the class or laboratory.
(Added to NRS by 1993, 2138)
NRS
1. It is unlawful for a person who knows or in theexercise of reasonable care should know that a substance or material containsat least one-tenth of 1 percent by weight or volume of a diisocyanate to use,or cause or permit another person to use, the substance or material in themaintenance or repair of a building owned or operated by a school districtwhile any person who is not necessary to the maintenance or repair is presentin the building.
2. A person who knows or in the exercise of reasonablecare should know that a substance or material which contains at least one-tenthof 1 percent by weight or volume of a diisocyanate has been used in themaintenance or repair of a building owned or operated by a school districtshall ensure that the building is not occupied for at least 4 hours followingthe use of that substance or material by any person who is not necessary to themaintenance or repair.
3. A person who violates subsection 1 or 2 is guiltyof a gross misdemeanor.
4. For the purposes of this section, diisocyanateincludes, without limitation, toluene diisocyanate (TDI), methylene bisphenylisocyanate (MDI) or hexamethylene diisocyanate (HDI).
(Added to NRS by 1997, 3352)
NRS
1. It is unlawful for any person:
(a) Willfully and maliciously to injure, mark or defaceany public schoolhouse, its fixtures, books or appurtenances;
(b) To commit any nuisance in any public schoolhouse;
(c) To loiter on or near the school grounds; or
(d) Purposely and maliciously to commit any trespassupon the grounds attached to a public schoolhouse, or any fixtures placedthereon, or any enclosure or sidewalk about the same.
2. Except as otherwise provided in subsection 3, any personviolating any of the provisions of this section is guilty of a public offense,as prescribed in NRS 193.155,proportionate to the value of the property damaged or destroyed and in no eventless than a misdemeanor.
3. Any person who is in possession of a dangerousweapon during his commission of a violation of paragraph (b), (c) or (d) ofsubsection 1 is guilty of a gross misdemeanor.
4. As used in this section:
(a) Dangerous knife means a knife having a blade thatis 2 inches or more in length when measured from the tip of the knife which iscustomarily sharpened to the unsharpened extension of the blade which forms thehinge connecting the blade to the handle.
(b) Dangerous weapon means:
(1) An explosive or incendiary device;
(2) A dirk, dagger, switchblade knife ordangerous knife;
(3) A nunchaku or trefoil;
(4) A blackjack or billy club or metal knuckles;or
(5) A pistol, revolver or other firearm.
(c) Explosive or incendiary device has the meaningascribed to it in NRS 202.253.
(d) Nunchaku has the meaning ascribed to it in
(e) Switchblade knife has the meaning ascribed to itin NRS 202.350.
(f) Trefoil has the meaning ascribed to it in
[415:32:1956](NRS A 1967, 567; 1993, 40;
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