NRS 394.145 Documents required for permanent admission; name under which child must be admitted; failure or refusal to furnish accurate documents; penalty.

NRS 394.147 Petition for order of court permitting admission of child under name other than that appearing on birth certificate or record of attendance.

NRS 394.150 Instruction in United States Constitution and Nevada’s Constitution; exception; examination.

NRS 394.160 Teachers required to show knowledge of United States Constitution and Nevada’s Constitution.

CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT FOR SEXUAL OFFENSE OR SEXUALLY MOTIVATED ACT

NRS 394.162 Definitions.

NRS 394.163 “Notification” defined.

NRS 394.164 “Offender” defined.

NRS 394.1643 “Sexual offense” defined.

NRS 394.1647 “Sexually motivated act” defined.

NRS 394.165 “Victim” defined.

NRS 394.166 Offender prohibited from attending school victim attends without court approval.

NRS 394.167 Confidentiality of name of victim; immunity from liability if name released under certain circumstances.

CRISIS RESPONSE IN PRIVATE SCHOOLS

NRS 394.168 Definitions.

NRS 394.1681 “Crisis” defined.

NRS 394.1682 “Development committee” defined.

NRS 394.1683 “School committee” defined.

NRS 394.1685 Development committee: Establishment by private school; membership; terms of members.

NRS 394.1687 Development committee: Development of plan to be used by private school in responding to crisis; submission of plan to governing body of private school; compliance with plan required of private school.

NRS 394.1688 Annual review and update of plan for responding to crisis; maintenance, posting and distribution of plan; annual training for school employees.

NRS 394.169 School committee: Establishment; membership; terms of members.

NRS 394.1691 School committee: Annual review of plan prepared by development committee; determination whether to request deviation from plan; notice of review.

NRS 394.1692 Review by development committee of proposed deviation from plan; notice of approval or denial; submission of copy of approved deviation to governing body of private school.

NRS 394.1694 Adoption of regulations concerning development of plans in responding to crisis, review of proposed deviations and requirements for training.

NRS 394.1696 Duties of principal or other person in charge of private school if crisis occurs at school; determination by local agency whether crisis requires assistance from state agency; duties of Division of Emergency Management of Department of Public Safety.

NRS 394.1698 Confidentiality of plans, approved deviations and certain other information.

NRS 394.1699 Inapplicability of Open Meeting Law to development committee, school committee and certain meetings of State Board related to crisis response.

HEALTH AND SAFETY; THREATS OF VIOLENCE; SCHOOL PROPERTY

NRS 394.170 Drills to instruct pupils in appropriate procedures to be followed in event of emergency; regulations of State Fire Marshal; posting of section; enforcement; penalty.

NRS 394.175 Establishment of program of information concerning missing children; distribution of materials by Attorney General and State Board.

NRS 394.177 Immunity from civil liability for reporting threat of violence against school official, school employee or pupil; exceptions.

NRS 394.178 Threatening to cause bodily harm or death to pupil or school employee by means of oral, written or electronic communication; penalties.

NRS 394.180 Damage to property; nuisance; loitering; trespass; disturbance of school; penalty.

NRS 394.185 Maintenance and availability of material safety data sheet for hazardous materials used on school buildings or grounds.

NRS 394.187 Unlawful to use diisocyanate in maintenance or repair of building owned or operated by school while certain persons are present; penalty.

NRS 394.190 Condition, equipment and identification of vehicle used for transportation of pupils; inspection; penalty.

NRS 394.192 Immunization of pupils: Certificate prerequisite to enrollment; conditional enrollment; effect of failure to immunize; report to Health Division; inclusion of certificate in pupil’s record.

NRS 394.193 Immunization of pupils: Exemption if prohibited by religious belief.

NRS 394.194 Immunization of pupils: Exemption if prevented by medical condition.

NRS 394.196 Immunization of pupils: Additional requirements imposed after enrollment; additional certificate required.

NRS 394.198 Immunization of pupils: Protection of child exempt from immunization if dangerous disease exists in school.

NRS 394.199 Immunization of pupils: Penalty for refusal to remove child from school when required by law.

PRIVATE ELEMENTARY AND SECONDARY EDUCATIONAL INSTITUTIONS

Private Elementary and Secondary Education Authorization Act: Exemptions; Maintenance and Operation; Licensing; Agents’ Permits; Unlawful Acts

NRS 394.201 Short title.

NRS 394.211 Exemptions from Act; filing of exemption with State Board; term of exemption; renewal; notice to parent or guardian of exemption required before pupil enrolls in institution.

NRS 394.221 Duties of Board and Superintendent.

NRS 394.231 Powers of Superintendent.

NRS 394.241 Maintenance and operation in compliance with minimum standards; accreditation as evidence of compliance.

NRS 394.245 Inspection of elementary and secondary educational institutions required.

NRS 394.251 License: Application; issuance; term; change in ownership; renewal.

NRS 394.261 Agent’s permit: Requirements for issuance and renewal; term. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 394.261 Agent’s permit: Requirements for issuance and renewal; term. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 394.263 Additional requirements for issuance and renewal of agent’s permit: Statement regarding obligation of child support; grounds for denial of permit; duty of Superintendent of Public Instruction. [Expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 394.271 Surety bond or certificate of deposit.

NRS 394.281 Denial of license or permit: Notice; extension of time to correct deficiencies.

NRS 394.291 Denial or revocation of or condition on license or permit: Hearing.

NRS 394.295 Mandatory suspension of agent’s permit for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of permit. [Expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 394.301 Revocation of or condition on license or permit: Notification.

NRS 394.311 Complaint of violation: Procedure; hearing; remedies.

NRS 394.321 Postponement of effective date of action pending review.

NRS 394.331 Fees.

NRS 394.341 Discontinuance of operations: Academic records filed with Superintendent; seizure of records.

NRS 394.351 Unlawful acts.

Use of Aversive Intervention, Physical Restraint and Mechanical Restraint on Pupils With Disabilities

NRS 394.353 Definitions.

NRS 394.354 “Aversive intervention” defined.

NRS 394.355 “Chemical restraint” defined.

NRS 394.356 “Corporal punishment” defined.

NRS 394.357 “Electric shock” defined.

NRS 394.358 “Emergency” defined.

NRS 394.359 “Individualized education program team” defined.

NRS 394.362 “Mechanical restraint” defined.

NRS 394.363 “Physical restraint” defined.

NRS 394.364 “Pupil with a disability” defined.

NRS 394.365 “Verbal and mental abuse” defined.

NRS 394.366 Aversive intervention prohibited.

NRS 394.367 Physical restraint and mechanical restraint prohibited; exceptions.

NRS 394.368 Conditions under which physical restraint may be used; report required.

NRS 394.369 Conditions under which mechanical restraint may be used; report required.

NRS 394.372 Education and training for staff.

NRS 394.375 Disciplinary action against person for intentional violation.

NRS 394.376 Report of violation; corrective plan required.

NRS 394.377 Retaliation for reporting violation prohibited.

NRS 394.378 Reporting of denial of rights; investigation and resolution of disputes by Superintendent.

PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTIONS

NRS 394.383 Commission: Creation; number, appointment and compensation of members; expenses of employees.

NRS 394.385 Commission: Qualifications of members; officers; meetings; quorum; removal of Commissioners.

NRS 394.411 Regulations of Commission; administration by Administrator.

NRS 394.415 Licensing of postsecondary educational institution.

NRS 394.421 Powers and duties of Commission.

NRS 394.430 Powers and duties of Administrator.

NRS 394.440 Information and expert witnesses to be provided by other state agencies; consultation with experts outside State Government.

NRS 394.441 Information provided to students before enrollment; educational credentials for students; maintenance of records; copy of agreement to enroll provided to student; posting of certain information at institution.

NRS 394.443 Procedure for grievances; receipt for payment by student; annual report to Commission.

NRS 394.445 Financial condition; false or misleading advertising prohibited; employment of personnel.

NRS 394.447 Accreditation as evidence of compliance with minimum standards.

NRS 394.449 Requirements of policy for refunds by institutions.

NRS 394.4493 Policy for cancellations and refunds of accredited institution: Requirements. [Repealed.]

NRS 394.450 Quality and content of courses and programs; adequate facilities, materials and personnel; compliance with ordinances and laws; adequate housing for students.

NRS 394.455 Evaluation prerequisite to licensing of unaccredited institution; panel of evaluators; reports; response by institution; acceptance or rejection of recommendations of panel.

NRS 394.460 License: Application; issuance; provisional license; term; change in ownership or location; addition to facilities; renewal.

NRS 394.463 Payment by institution of subsistence and travel for inspections and certain meetings of Commission; claims.

NRS 394.465 Investigation of certain applicants for employment with postsecondary educational institution; confidentiality of results; exception to requirements for certain applicants.

NRS 394.470 Agent’s permit: Requirements for issuance and renewal; term. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 394.470 Agent’s permit: Requirements for issuance and renewal; term. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 394.473 Additional requirements for issuance and renewal of agent’s permit: Statement regarding obligation of child support; grounds for denial of permit; duty of Administrator. [Expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 394.475 Authorization by Administrator for employment of agents by postsecondary educational institution.

NRS 394.480 Surety bond required of certain institutions; Commission authorized to require additional bond; release of surety on bond; suspension of agent’s permit if institution not covered by bond.

NRS 394.490 Denial of license, permit or authorization: Notice; extension of time to correct deficiencies.

NRS 394.500 Denial of permit or authorization: Hearing.

NRS 394.510 Revocation of or conditions on license or permit: Grounds; notification; cessation of operations; administrative fine.

NRS 394.515 Mandatory suspension of agent’s permit for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of permit. [Expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 394.520 Complaint of violation: Procedure; hearing; remedies.

NRS 394.530 Postponement of effective date of action pending review.

NRS 394.540 Fees.

NRS 394.545 Location, equipment and insurance requirements of driving school; action by Department of Motor Vehicles authorized.

NRS 394.550 Discontinuance of operations: Academic records filed with Administrator; seizure of records.

NRS 394.553 Account for Student Indemnification.

NRS 394.557 Fee to be paid to Administrator for students who enroll in certain programs.

NRS 394.560 Unlawful acts.

ENFORCEMENT AND PENALTIES

NRS 394.570 Legislative appropriations.

NRS 394.580 Jurisdiction; service of process.

NRS 394.590 Documents of indebtedness and related agreements: Restrictions and requirements.

NRS 394.600 Action for enforcement; injunctive relief.

NRS 394.610 Penalty.

RESTRICTIONS ON USE OF TERMS AND GRANTING DEGREES

NRS 394.620 Definitions.

NRS 394.625 Use of “university,” “college” and similar terms; regulations.

NRS 394.630 Awarding degrees.

NRS 394.640 Advertising awarding of degrees.

NRS 394.650 Civil penalty.

NRS 394.660 Injunction.

NRS 394.670 Criminal penalty.

USE OF FALSE OR MISLEADING DEGREES

NRS 394.700 Prohibition; penalty.

_________

GENERAL PROVISIONS

NRS 394.005 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 394.006 to 394.112, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1975, 1498; A 1979, 1620; 1985, 990; 1989, 1458)

NRS 394.006 “Accredited” defined. A postsecondary educational institution is “accredited” if it has met the standards required by an accrediting body recognized by the United States Department of Education.

(Added to NRS by 1985, 987; A 1997, 176)

NRS 394.007 “Administrator” defined. “Administrator” means the Administrator of the Commission on Postsecondary Education.

(Added to NRS by 1975, 1498; A 1979, 700)

NRS 394.009 “Agent” defined. “Agent” means:

1. In the case of a private elementary or secondary educational institution, a natural person owning an interest in, employed by or representing for remuneration any such institution within or outside this state, or who holds himself out to residents of this state as representing any such institution for any purpose.

2. In the case of a postsecondary educational institution, a natural person representing the institution while off its premises and having the authority:

(a) To obligate the institution or a prospective student of the institution; or

(b) To accept money, on behalf of the institution, from any prospective student.

(Added to NRS by 1975, 1498; A 1989, 1458)

NRS 394.011 “Agent’s permit” defined. “Agent’s permit” means a nontransferable written authorization issued to a natural person by the Board or Commission which allows that person to solicit or enroll any resident of this state for education in a private elementary, secondary or postsecondary educational institution.

(Added to NRS by 1975, 1498)

NRS 394.017 “Board” defined. “Board” means the State Board of Education.

(Added to NRS by 1975, 1498)

NRS 394.023 “Commission” defined. “Commission” means the Commission on Postsecondary Education.

(Added to NRS by 1975, 1498; A 1979, 700)

NRS 394.024 “Commissioner” defined. “Commissioner” means any member of the Commission on Postsecondary Education except the Administrator.

(Added to NRS by 1975, 1498; A 1979, 700)

NRS 394.026 “Confidential” defined. “Confidential” means information that is subject to disclosure only to:

1. The Attorney General;

2. A member of the Commission or its staff; or

3. As deemed appropriate by the Administrator, a person responsible for reviewing the curriculum or financial records of a postsecondary educational institution.

(Added to NRS by 1989, 1457; A 1997, 950)

NRS 394.035 “Document of indebtedness” defined. “Document of indebtedness” means any contract, note, instrument or other evidence of indebtedness entered into by a resident of this state and a private elementary, secondary or postsecondary educational institution, its agent or lending agency specifying the terms of payment for educational services to be provided by any private elementary, secondary or postsecondary educational institution.

(Added to NRS by 1975, 1498)

NRS 394.037 “Driving school” defined. “Driving school” means a postsecondary educational institution that trains its students to drive motor vehicles as a vocation. The term does not include the Program for the Education of Motorcycle Riders established pursuant to NRS 486.372.

(Added to NRS by 1985, 987; A 1991, 1067)

NRS 394.041 “Education” and “educational services” defined. “Education” or “educational services” includes any class, course or program of training, instruction or study.

(Added to NRS by 1975, 1498)

NRS 394.043 “Educational credentials” defined. “Educational credentials” means degrees, diplomas, certificates, transcripts, reports, documents or letters of designation, marks, appellations, series of letters, numbers or words which signify, purport to signify or are generally taken to signify enrollment, attendance, progress or satisfactory completion of the requirements or prerequisites for education at a private elementary, secondary or postsecondary educational institution.

(Added to NRS by 1975, 1498)

NRS 394.045 “Elementary and secondary educational institutions” defined. “Elementary and secondary educational institutions” includes an academic, vocational, technical, correspondence, business or other school or other person offering educational credentials, diplomas or certificates, or offering instruction or educational services. This term includes all grades from kindergarten through the twelfth grade.

(Added to NRS by 1975, 1499; A 1987, 1308; 1991, 975)

NRS 394.047 “Entity” defined. “Entity” includes any company, firm, society, association, partnership, corporation and trust.

(Added to NRS by 1975, 1499)

NRS 394.057 “Granting” defined. “Granting” includes awarding, selling, conferring, bestowing or giving.

(Added to NRS by 1975, 1499; A 1979, 1620)

NRS 394.071 “Lending agency” defined. “Lending agency” means:

1. Any private elementary, secondary or postsecondary educational institution;

2. Any person controlling, controlled by or held in common ownership with an elementary, secondary or postsecondary institution; or

3. Any person regularly loaning money to such an educational institution or its students.

(Added to NRS by 1975, 1499)

NRS 394.075 “License” defined. “License” means the written authorization of the Board or Commission to operate or to contract to operate a private elementary, secondary or postsecondary educational institution.

(Added to NRS by 1975, 1499)

NRS 394.087 “Offer” defined. “Offer” includes, in addition to its usual meanings, advertising, publicizing, soliciting or encouraging any person, directly or indirectly in any form, to perform the act described.

(Added to NRS by 1975, 1499)

NRS 394.091 “Operate” defined. “Operate” means to establish or maintain any facility in this state from or through which education or educational credentials are offered or granted, and includes contracting with any person, group or entity for the purpose of providing education or educational credentials.

(Added to NRS by 1975, 1499)

NRS 394.093 “Ownership” defined. “Ownership” means ownership of a controlling interest in a private elementary, secondary or postsecondary educational institution or ownership of a controlling interest in the legal entity owning or controlling the institution.

(Added to NRS by 1975, 1499)

NRS 394.098 “Postsecondary education” defined. “Postsecondary education” is limited to education or educational services offered by an institution which is privately owned to persons who have completed or terminated their elementary and secondary education or who are beyond the age of compulsory school attendance for the attainment of academic, professional or vocational objectives.

(Added to NRS by 1975, 1499; A 1985, 991)

NRS 394.099 “Postsecondary educational institution” defined. “Postsecondary educational institution” means an academic, vocational, technical, home study, business, professional or other school, college or university that is privately owned, or any person offering postsecondary education if he:

1. Is not licensed as a postsecondary educational institution in this state by a federal or another state agency;

2. Charges tuition, requires or requests donations or receives any consideration from a student for any portion of the instruction, including written or audiovisual material;

3. Educates or trains persons who are not his employees; and

4. Educates or trains, or claims or offers to educate or train, students in a program leading toward:

(a) Employment at a beginning or advanced level;

(b) Educational credentials;

(c) Credits that are intended to be applied toward an educational credential awarded in another state which does not require the person to obtain a majority of the credits required in that state; or

(d) Preparation for examinations for initial licensing in a profession or vocation.

Ê The term includes a branch or extension of a public or private postsecondary educational institution of another state that is located in this state or which offers educational services or education in this state. The term does not include an institution or person offering only educational services or programs at the introductory level on the use of computer software to persons who have purchased that software from the institution or person.

(Added to NRS by 1975, 1499; A 1985, 991; 1989, 1458; 1999, 2115)

NRS 394.103 “Private schools” defined. “Private schools” means private elementary and secondary educational institutions. The term does not include a home in which instruction is provided to a child who is excused from compulsory attendance pursuant to subsection 1 of NRS 392.070.

(Added to NRS by 1975, 1499; A 1991, 975; 1999, 3319)

NRS 394.112 “Superintendent” defined. “Superintendent” means the Superintendent of Public Instruction.

(Added to NRS by 1979, 1620)

NRS 394.125 Legislative statement of policy and purpose of chapter. It is the policy of this State to encourage and enable its residents to receive an education commensurate with their respective talents and desires. The Legislature recognizes that privately owned institutions offering elementary, secondary and postsecondary education and vocational and professional instruction perform a necessary service to the residents of this State. It is the purpose of this chapter to provide for the protection, education and welfare of the residents of the State of Nevada, its educational, vocational and professional institutions, and its students, by:

1. Establishing minimum standards concerning quality of education, ethical and business practices, health and safety, and fiscal responsibility, to protect against substandard, transient, unethical, deceptive or fraudulent institutions and practices;

2. Prohibiting the granting of false or misleading educational credentials;

3. Prohibiting the use or attempted use of false or misleading degrees and honorary degrees and the use or attempted use of degrees and honorary degrees in a false or misleading manner;

4. Regulating the use of academic terminology in naming or otherwise designating educational institutions;

5. Prohibiting misleading literature, advertising, solicitation or representation by educational institutions or their agents;

6. Providing for the preservation of essential academic records; and

7. Providing certain rights and remedies to the consuming public and the Commission and the Board necessary to effectuate the purposes of this chapter.

(Added to NRS by 1975, 1499; A 2005, 618)

INSTRUCTION; ADMISSION; REQUIREMENTS OF TEACHERS

NRS 394.130 Required instruction; reports; religious instruction; no right to share in apportionment of money for public schools.

1. In order to secure uniform and standard work for pupils in private schools in this State, instruction in the subjects required by law for pupils in the public schools shall be required of pupils receiving instruction in such private schools, either under the regular state courses of study prescribed by the State Board of Education or under courses of study prepared by such private schools and approved by the State Board of Education.

2. Such private schools shall be required to furnish from time to time such reports as the Superintendent of Public Instruction may find necessary as to enrollment, attendance and general progress within such schools.

3. Nothing in this section shall be so construed as:

(a) To interfere with the right of the proper authorities having charge of private schools to give religious instruction to the pupils enrolled therein.

(b) To give such private schools any right to share in the public school funds apportioned for the support of the public schools of this State.

[459:32:1956]

NRS 394.145 Documents required for permanent admission; name under which child must be admitted; failure or refusal to furnish accurate documents; penalty.

1. A private elementary or secondary school in this state shall not permanently admit any child until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the child’s identity and, if applicable, a copy of the child’s records from the school he most recently attended.

2. Except as otherwise provided in subsection 3, a child must be admitted to a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the principal or other person in charge of that school to admit the child under a name other than the name which appears in the identifying document or records.

3. A child who is in the custody of the agency which provides child welfare services, as defined in NRS 432B.030, may be admitted to a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.

4. If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally admitted, the principal or other person in charge of the school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.

5. Any parent, guardian or other person who, with intent to deceive under this section:

(a) Presents a false birth certificate or record of attendance at school; or

(b) Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4,

Ê of a child under 17 years of age who is under his control or charge, is guilty of a misdemeanor.

(Added to NRS by 1985, 2169; A 1987, 213; 1993, 2692; 2001 Special Session, 22)

NRS 394.147 Petition for order of court permitting admission of child under name other than that appearing on birth certificate or record of attendance. A parent or guardian who has legal custody of a child may petition the appropriate district court for an order directing the principal or other person in charge of a private elementary or secondary school in this state to admit the child to that school under a name other than the name which appears in the identifying document or records required by subsection 1 of NRS 394.145. The court shall issue the order if it determines that to do so would be in the best interests of the child.

(Added to NRS by 1987, 213)

NRS 394.150 Instruction in United States Constitution and Nevada’s Constitution; exception; examination.

1. In all private schools, colleges and universities located within this state, except those operated exclusively for employees of the Department of Defense of the Federal Government and their families, instruction must be given in the essentials of the Constitution of the United States and the Constitution of the State of Nevada, including the origin and history of the Constitutions and the study of and devotion to American institutions and ideals.

2. The instruction required in subsection 1 must be given during at least 1 year each of the elementary, high school and college grades.

3. A student in such schools must not receive a certificate or diploma of graduation without having passed an examination upon the Constitutions.

[461:32:1956]—(NRS A 1985, 991)

NRS 394.160 Teachers required to show knowledge of United States Constitution and Nevada’s Constitution.

1. Any person who has the duty, in a private school, college or university in this state, of giving instruction in the Constitution of the United States and the Constitution of the State of Nevada must show, by examination or credentials showing college, university or normal school study, satisfactory evidence of adequate knowledge of the origin, history, provisions and principles of the Constitution of the United States and the Constitution of the State of Nevada.

2. The Superintendent with respect to a private school or the Administrator with respect to a private college or university may grant a reasonable time for compliance with the terms of this section.

[462:32:1956]—(NRS A 1979, 1620; 1985, 992)

CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT FOR SEXUAL OFFENSE OR SEXUALLY MOTIVATED ACT

NRS 394.162 Definitions. As used in NRS 394.162 to 394.167, inclusive, unless the context otherwise requires, the words and terms defined in NRS 394.163 to 394.165, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1997, 429; A 2001, 2071)

NRS 394.163 “Notification” defined. “Notification” means a notification which indicates that a child has been adjudicated delinquent for a sexual offense or a sexually motivated act and which is provided by a probation officer or parole officer pursuant to NRS 62F.120.

(Added to NRS by 1997, 429; A 2001, 2071; 2003, 1147)

NRS 394.164 “Offender” defined. “Offender” means a child identified in a notification as the child who has been adjudicated delinquent for a sexual offense or a sexually motivated act.

(Added to NRS by 1997, 429; A 2001, 2071)

NRS 394.1643 “Sexual offense” defined. “Sexual offense” has the meaning ascribed to it in NRS 62F.100.

(Added to NRS by 2001, 2071; A 2003, 1147)

NRS 394.1647 “Sexually motivated act” defined. “Sexually motivated act” has the meaning ascribed to it in NRS 62A.320.

(Added to NRS by 2001, 2071; A 2003, 1147)

NRS 394.165 “Victim” defined. “Victim” means a child identified in a notification as a victim of a sexual offense or a sexually motivated act committed by the offender.

(Added to NRS by 1997, 429; A 2001, 2071)

NRS 394.166 Offender prohibited from attending school victim attends without court approval. If the executive head of a private school receives notification and a victim identified in the notification is attending a private school under his authority, the executive head shall not permit an offender who is subject to the provisions of NRS 62F.100 to 62F.150, inclusive, to attend the private school that a victim is attending unless:

1. An alternative plan of supervision is approved by the court pursuant to NRS 62F.130; or

2. An alternative plan of attendance is approved by the court pursuant to NRS 62F.140.

(Added to NRS by 1997, 429; A 2001, 2071; 2003, 1147)

NRS 394.167 Confidentiality of name of victim; immunity from liability if name released under certain circumstances.

1. If the executive head of a private school receives notification, he shall not release the name of the offender or the name of a victim to another person unless required by law or authorized by an order of the court.

2. A person who obtains the name of the offender or the name of a victim pursuant to law or an order of the court shall not release the name of the offender or the name of a victim to another person unless required by law or authorized by an order of the court.

3. The executive head of a private school or a person who:

(a) Obtains the name of the offender or the name of a victim pursuant to law or an order of the court; and

(b) In good faith, releases or fails to release the name of the offender or the name of a victim,

Ê is immune from criminal or civil liability for releasing or failing to release the name of the offender or the name of a victim unless the executive head of the private school or the person acted with gross negligence.

(Added to NRS by 1997, 429)

CRISIS RESPONSE IN PRIVATE SCHOOLS

NRS 394.168 Definitions. As used in NRS 394.168 to 394.1699, inclusive, unless the context otherwise requires, the words and terms defined in NRS 394.1681, 394.1682 and 394.1683 have the meanings ascribed to them in those sections.

(Added to NRS by 2001, 1330)

NRS 394.1681 “Crisis” defined. “Crisis” means a traumatic and sudden event or emergency condition that:

1. Involves violence;

2. Profoundly and negatively affects or will affect pupils or employees of a private school;

3. Occurs on the property of a private school, at an activity sponsored by a private school or on a school bus while the bus is engaged in its official duties for a private school; and

4. May involve serious injury or death.

(Added to NRS by 2001, 1330)

NRS 394.1682 “Development committee” defined. “Development committee” means a committee established pursuant to NRS 394.1685.

(Added to NRS by 2001, 1330)

NRS 394.1683 “School committee” defined. “School committee” means a committee established for each private school pursuant to NRS 394.169.

(Added to NRS by 2001, 1330)

NRS 394.1685 Development committee: Establishment by private school; membership; terms of members.

1. The governing body of each private school shall establish a development committee to develop a plan to be used by the private school in responding to a crisis.

2. The membership of a development committee consists of:

(a) At least one member of the governing body;

(b) At least one administrator of the school;

(d) At least one employee of the school who is not a teacher and who is not responsible for the administration of the school;

(e) At least one parent or legal guardian of a pupil who is enrolled in the school; and

(f) At least one representative of a local law enforcement agency in the county in which the school is located.

3. The membership of a development committee may also include any other person whom the governing body deems appropriate, including, without limitation:

(a) A counselor of the school;

(b) A psychologist of the school;

(d) A pupil in grade 10 or higher of the school if the school includes grade 10 or higher; and

(e) An attorney or judge who resides or works in the county in which the school is located.

4. The governing body of each private school shall determine the term of each member of the development committee that it established. Each development committee may adopt rules for its own management and government.

(Added to NRS by 2001, 1330)

1. Each development committee shall develop a plan to be used by its school in responding to a crisis. Each development committee shall, when developing the plan, consult with the local social service agencies and local law enforcement agencies in the county in which its school is located. The plan must include, without limitation, a procedure for:

(a) Assisting persons within the school to communicate with each other;

(b) Assisting persons within the school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of the school, the news media and persons from local, state or federal agencies that are responding to a crisis;

(c) Immediately responding to a crisis and for responding during the period after a crisis has concluded, including, without limitation, a crisis that results in immediate physical harm to a pupil or employee of the school;

(d) Assisting pupils of the school, employees of the school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school; and

(e) Enforcing discipline within the school and for obtaining and maintaining a safe and orderly environment during a crisis.

2. Each development committee shall provide a copy of the plan that it develops pursuant to this section to the governing body of the school that established the committee.

3. Except as otherwise provided in NRS 394.1691 and 394.1692, each private school must comply with the plan developed for it pursuant to this section.

(Added to NRS by 2001, 1330)

NRS 394.1688 Annual review and update of plan for responding to crisis; maintenance, posting and distribution of plan; annual training for school employees.

1. Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 394.1687, and provide an updated copy of the plan to the governing body of the school.

2. The governing body of each private school shall:

(a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at the school;

(b) Post a copy of NRS 392.640 and 394.168 to 394.1699, inclusive, at the school;

(c) Retain a copy of each plan developed pursuant to NRS 394.1687, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 394.1692;

(d) Provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to:

(1) The Board;

(2) Each local law enforcement agency in the county in which the school is located; and

(3) The Division of Emergency Management of the Department of Public Safety;

(e) Upon request, provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of the school who is included in the plan;

(f) Upon request, provide a copy of each deviation approved pursuant to NRS 394.1692 to:

(1) The Board;

(2) A local law enforcement agency in the county in which the school is located;

(3) The Division of Emergency Management of the Department of Public Safety;

(4) A local agency that is included in the plan; and

(5) An employee of the school who is included in the plan; and

(g) At least once each year, provide training in responding to a crisis to each employee of the school, including, without limitation, training concerning drills for evacuating and securing the school.

(Added to NRS by 2001, 1331)

NRS 394.169 School committee: Establishment; membership; terms of members.

1. The principal or other person in charge of each private school shall establish a school committee to review the plan developed for the private school pursuant to NRS 394.1687.

2. The membership of a school committee consists of:

(a) The principal or other person in charge of the school;

(b) Two employees of the school;

(d) One parent or legal guardian of a pupil who is enrolled in the school.

3. The membership of a school committee may include any other person whom the principal or other person in charge of the school deems appropriate, including, without limitation:

(a) A member of the governing body of the school;

(b) A counselor of the school;

(d) A licensed social worker of the school;

(e) A representative of a local law enforcement agency in the county, city or town in which the school is located; and

(f) A pupil in grade 10 or higher from the school if the school includes grade 10 or higher.

4. The principal or other person in charge of a private school shall determine the term of each member of the school committee established for the school. Each school committee may adopt rules for its own management and government.

(Added to NRS by 2001, 1332)

NRS 394.1691 School committee: Annual review of plan prepared by development committee; determination whether to request deviation from plan; notice of review.

1. Each school committee shall, at least once each year, review the plan developed for its school pursuant to NRS 394.1687 and determine whether the school should deviate from the plan. Each school committee shall, when reviewing the plan, consult with the local social service agencies and law enforcement agencies in the county, city or town in which its school is located. If a school committee determines that its school should deviate from the plan, the school committee shall notify the development committee that developed the plan, describe the proposed deviation and explain the reason for the proposed deviation. The school may deviate from the plan only if the deviation is approved by the development committee pursuant to NRS 394.1692.

2. Each private school shall post at the school a notice of the completion of each review that its school committee performs pursuant to this section.

(Added to NRS by 2001, 1332)

NRS 394.1692 Review by development committee of proposed deviation from plan; notice of approval or denial; submission of copy of approved deviation to governing body of private school.

1. A development committee that receives a proposed deviation from a school committee pursuant to NRS 394.1691 shall, within 60 days after it receives the proposed deviation:

(a) Review the proposed deviation and any information submitted with the proposed deviation; and

(b) Notify the school committee that submitted the proposed deviation whether the proposed deviation has been approved.

2. A development committee shall provide a copy of each deviation that it approves pursuant to this section to the governing body of the private school that established the committee.

(Added to NRS by 2001, 1332)

NRS 394.1694 Adoption of regulations concerning development of plans in responding to crisis, review of proposed deviations and requirements for training.

1. The Board shall adopt regulations setting forth requirements for:

(a) The plan required to be developed pursuant to NRS 394.1687; and

(b) Reviewing and approving a deviation pursuant to NRS 394.1692.

2. The regulations adopted pursuant to this section must include, without limitation, requirements concerning training and practice in procedures for responding to a crisis.

(Added to NRS by 2001, 1333)

1. If a crisis that requires immediate action occurs at a private school, the principal or other person in charge of the private school involved, or his designated representative, shall, in accordance with the plan to respond to a crisis developed for the school pursuant to NRS 394.1687 and in accordance with any deviation approved pursuant to NRS 394.1692, contact all appropriate local agencies to respond to the crisis.

2. If a local agency that is responsible for responding to a crisis is contacted pursuant to subsection 1 and the local agency determines that the crisis requires assistance from a state agency, the local agency may:

(a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the Department of Public Safety of the crisis and request assistance from the Division in responding to the crisis; or

(b) If a local organization for emergency management has not been established in the city or county in which the local agency that was contacted is located, directly notify the Division of Emergency Management of the Department of Public Safety of the crisis and request assistance from the Division in responding to the crisis.

3. If the Division of Emergency Management of the Department of Public Safety receives notification of a crisis and a request for assistance pursuant to subsection 2 and the Governor or his designated representative determines that the crisis requires assistance from a state agency, the Division shall carry out its duties set forth in the plan developed pursuant to NRS 392.640 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.

(Added to NRS by 2001, 1333)

NRS 394.1698 Confidentiality of plans, approved deviations and certain other information. A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688, a deviation and any information submitted to a development committee pursuant to NRS 394.1691 and a deviation approved pursuant to NRS 394.1692 are confidential and, except as otherwise provided in NRS 392.640 and 394.168 to 394.1699, inclusive, must not be disclosed to any person or government, governmental agency or political subdivision of a government.

(Added to NRS by 2001, 1333)

NRS 394.1699 Inapplicability of Open Meeting Law to development committee, school committee and certain meetings of State Board related to crisis response. The provisions of chapter 241 of NRS do not apply to a meeting of:

1. A development committee;

2. A school committee; or

3. The Board if the meeting concerns a regulation adopted pursuant to NRS 394.1694.

(Added to NRS by 2001, 1333)

HEALTH AND SAFETY; THREATS OF VIOLENCE; SCHOOL PROPERTY

NRS 394.170 Drills to instruct pupils in appropriate procedures to be followed in event of emergency; regulations of State Fire Marshal; posting of section; enforcement; penalty.

1. The authorities in charge of every private school within this state shall provide drills for the pupils in the schools at least twice in each month during the school year to instruct those pupils in the appropriate procedures to be followed in the event of a fire or other emergency, except a crisis governed by NRS 394.168 to 394.1699, inclusive. Not more than three of those drills may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters.

2. In all cities or towns which have regularly organized, paid fire departments or voluntary fire departments, the drills required by subsection 1 must be conducted under the supervision of the chief of the fire department of the city or town.

3. The State Fire Marshal shall prescribe general regulations governing the drills required by subsection 1 and shall, with the cooperation of the Superintendent of Public Instruction, arrange for the supervision of drills in schools where the drills are not supervised pursuant to subsection 2.

4. A copy of this section must be kept posted in every classroom of every private school by the principal or teacher in charge thereof.

5. The principal, teacher or other person in charge of each school building shall cause the provisions of this section to be enforced.

6. Any violation of the provisions of this section is a misdemeanor.

[463:32:1956]—(NRS A 1967, 1097; 1993, 113; 2001, 1334)

NRS 394.175 Establishment of program of information concerning missing children; distribution of materials by Attorney General and State Board.

1. Any private elementary or secondary school in this state may establish a program of information about missing children for pupils, parents and other members of the community.

2. The Attorney General and the State Board of Education shall distribute at no charge to the private school any materials they have that will assist in the establishment of such a program.

(Added to NRS by 1985, 2169)—(Substituted in revision for NRS 394.135)

NRS 394.177 Immunity from civil liability for reporting threat of violence against school official, school employee or pupil; exceptions.

1. Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report. Such a person is not immune from civil liability for any other act or omission committed by the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.

2. The provisions of this section do not apply to a person who:

(a) Is acting in his professional or occupational capacity and is required to make a report pursuant to NRS 200.5093, 200.50935 or 432B.220.

(b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.

3. As used in this section:

(a) “Reasonable cause to believe” means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

(b) “School employee” means a licensed or unlicensed person, other than a school official, who is employed by a private school.

(1) An owner of a private school.

(2) A director of a private school.

(3) A supervisor at a private school.

(4) An administrator at a private school.

(d) “Teacher” means a person employed by a private school to provide instruction and other educational services to pupils enrolled in the private school.

(Added to NRS by 2001, 2651; A 2005, 1117)

NRS 394.178 Threatening to cause bodily harm or death to pupil or school employee by means of oral, written or electronic communication; penalties.

1. A person shall not, through the use of any means of oral, written or electronic communication, knowingly threaten to cause bodily harm or death to a pupil or employee of a private school with the intent to:

(a) Intimidate, frighten, alarm or distress a pupil or employee of a private school;

(b) Cause panic or civil unrest; or

2. Unless a greater penalty is provided by specific statute, a person who violates the provisions of subsection 1 is guilty of:

(a) A misdemeanor, unless the provisions of paragraph (b) apply to the circumstances.

(b) A gross misdemeanor, if the threat causes:

(1) Any pupil or employee of a private school who is the subject of the threat to be intimidated, frightened, alarmed or distressed;

(2) Panic or civil unrest; or

(3) Interference with the operation of a private school.

3. As used in this section, “oral, written or electronic communication” includes, without limitation, any of the following:

(a) A letter, note or any other type of written correspondence.

(b) An item of mail or a package delivered by any person or postal or delivery service.

(d) A telephone, cellular phone, satellite phone, page or facsimile machine, or any other similar means of communication.

(e) A radio, television, cable, closed-circuit, wire, wireless, satellite or other audio or video broadcast or transmission, or any other similar means of communication.

(f) An audio or video recording or reproduction, or any other similar means of communication.

(g) An item of electronic mail, a modem or computer network, or the Internet, or any other similar means of communication.

(Added to NRS by 2001 Special Session, 185)

NRS 394.180 Damage to property; nuisance; loitering; trespass; disturbance of school; penalty.

1. It is unlawful for any person:

(a) Willfully and maliciously to injure, mark or deface any private schoolhouse, its fixtures, books or appurtenances;

(b) To commit any nuisance in any private schoolhouse;

(d) Purposely and maliciously to commit any trespass upon the grounds attached to a private schoolhouse, or any fixtures placed thereon, or any enclosure or sidewalk about the same; or

(e) In any manner maliciously and purposely to interfere with or disturb any persons peaceably assembled within a private schoolhouse for school purposes.

2. Unless a greater penalty is provided by NRS 206.125, any person violating any of the provisions of subsection 1 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 event less than a misdemeanor.

[464:32:1956]—(NRS A 1967, 568; 1979, 1620; 1989, 899)

NRS 394.185 Maintenance and availability of material safety data sheet for hazardous materials used on school buildings or grounds.

1. A private school shall:

(a) Maintain at the school a material safety data sheet for each hazardous chemical used on the buildings or grounds of the school;

(b) Comply with any safety precautions contained in those sheets; and

2. For the purposes of this section, “material safety data sheet” has the meaning ascribed to it in 29 C.F.R. § 1910.1200.

(Added to NRS by 1997, 3353)

NRS 394.187 Unlawful to use diisocyanate in maintenance or repair of building owned or operated by school while certain persons are present; penalty.

1. It is unlawful for a person who knows or in the exercise of reasonable care should know that a substance or material contains at 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 the maintenance or repair of a building owned or operated by a private school while any person who is not necessary to the maintenance or repair is present in the building.

2. A person who knows or in the exercise of reasonable care should know that a substance or material which contains at least one-tenth of 1 percent by weight or volume of a diisocyanate has been used in the maintenance or repair of a building owned or operated by a private school shall ensure that the building is not occupied for at least 4 hours following the use of that substance or material by any person who is not necessary to the maintenance or repair.

3. A person who violates subsection 1 or 2 is guilty of a gross misdemeanor.

4. For the purposes of this section, “diisocyanate” includes, without limitation, toluene diisocyanate (TDI), methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI).

(Added to NRS by 1997, 3353)

NRS 394.190 Condition, equipment and identification of vehicle used for transportation of pupils; inspection; penalty.

1. The provisions of NRS 392.400 and 392.410 relating to the condition, equipment and identification of vehicles used for the transportation of pupils apply to private schools.

2. All such vehicles are subject to inspection at all times by agents and employees of the Department of Motor Vehicles, who shall report any violations discovered thereby to the executive head of the private school.

3. If the executive head of the private school fails or refuses to take appropriate action to correct any such violation within 10 days after receiving the report from the Department of Motor Vehicles, he is guilty of a misdemeanor.

(Added to NRS by 1957, 736; A 1985, 1989; 2001, 2604)

1. Unless excused because of religious belief or medical condition, a child may not be enrolled in a private school within this State unless his parents or guardian submit to the governing body of the private school a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:

(a) Diphtheria;

(b) Tetanus;

(d) Poliomyelitis;

(e) Rubella;

(f) Rubeola; and

(g) Such other diseases as the local board of health or the State Board of Health may determine.

2. The certificate must show that the required vaccines and boosters were given and must bear a signature of a licensed physician or his designee or a registered nurse or his designee, attesting that the certificate accurately reflects the child’s record of immunization.

3. If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.

4. A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officials within 90 school days after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.0999 to 432.130, inclusive, and chapter 432B of NRS.

5. Before December 31 of each year, each private school shall report to the Health Division of the Department of Health and Human Services, on a form furnished by the Division, the exact number of pupils who have completed the immunizations required by this section.

6. The certificate of immunization must be included in the pupil’s academic or cumulative record and transferred as part of that record upon request.

(Added to NRS by 1971, 1041; A 1979, 316; 1985, 1401; 1987, 1335; 1995, 808)

NRS 394.193 Immunization of pupils: Exemption if prohibited by religious belief. A private school shall not refuse to enroll a child as a pupil because such child has not been immunized pursuant to NRS 394.192 if the parents or guardian of such child have submitted to the governing body a written statement indicating that their religious belief prohibits immunization of such child or ward.

(Added to NRS by 1971, 1041)

NRS 394.194 Immunization of pupils: Exemption if prevented by medical condition. If the medical condition of a child will not permit him to be immunized to the extent required by NRS 394.192, a written statement of this fact signed by a licensed physician and presented to the governing body by the parents or guardian of such child shall exempt such child from all or part of the provisions of NRS 394.192, as the case may be, for enrollment purposes.

(Added to NRS by 1971, 1041)

NRS 394.196 Immunization of pupils: Additional requirements imposed after enrollment; additional certificate required. If, after a child has been enrolled in a private school and before registration for any subsequent school year additional immunization requirements are provided by law, the child’s parents or guardian shall submit an additional certificate or certificates to the governing body stating that such child has met the new immunization requirements.

(Added to NRS by 1971, 1041)

NRS 394.198 Immunization of pupils: Protection of child exempt from immunization if dangerous disease exists in school. Whenever the State Board of Health or a local board of health determines that there is a dangerous contagious disease in a private school attended by a child for whom exemption from immunization is claimed pursuant to the provisions of NRS 394.193 or 394.194, the governing body of such private school shall require either:

1. That the child be immunized; or

2. That he remain outside the school environment and the local health officer be notified.

(Added to NRS by 1979, 315)

NRS 394.199 Immunization of pupils: Penalty for refusal to remove child from school when required by law. Any parent or guardian who refuses to remove his child from the private school in which he is enrolled when retention in school is prohibited under the provisions of NRS 394.192, 394.196 or 394.198 is guilty of a misdemeanor.

(Added to NRS by 1979, 315)

PRIVATE ELEMENTARY AND SECONDARY EDUCATIONAL INSTITUTIONS

Private Elementary and Secondary Education Authorization Act: Exemptions; Maintenance and Operation; Licensing; Agents’ Permits; Unlawful Acts

NRS 394.201 Short title. NRS 394.201 to 394.351, inclusive, may be cited as the Private Elementary and Secondary Education Authorization Act.

(Added to NRS by 1975, 1500; A 1991, 975; 1997, 2052)

NRS 394.211 Exemptions from Act; filing of exemption with State Board; term of exemption; renewal; notice to parent or guardian of exemption required before pupil enrolls in institution.

1. The following persons and educational institutions are exempt from the provisions of the Private Elementary and Secondary Education Authorization Act:

(a) Institutions exclusively offering instruction at any level of postsecondary education.

(b) Institutions maintained by the State or any of its political subdivisions and supported by public funds.

(d) Elementary and secondary educational institutions operated by churches, religious organizations and faith-based ministries.

(e) Institutions licensed by the Commission.

(f) Institutions operated by or under the direct administrative supervision of the Federal Government.

(g) Natural persons who instruct pupils in their homes or in the pupils’ own homes, if this is not the only instruction those pupils receive.

(h) Fraternal or benevolent institutions offering instruction to their members or their immediate relatives, if the instruction is not operated for profit.

(i) Institutions offering instruction solely in avocational and recreational areas.

(j) Institutions or school systems in operation before July 1, 1975, as to courses of study approved by the Board pursuant to NRS 394.130, but those institutions or school systems are not exempt as to substantial changes in their nature or purpose on or after that date. The official literature of an institution or school system describing the nature and purpose of the institution or school system as of June 30, 1975, is prima facie evidence of the nature and purpose on that date for the purposes of this chapter.

2. Each person or educational institution claiming an exemption pursuant to the provisions of subsection 1 must file with the Board the exemption upon forms provided by the Department or in a letter containing the required information and signed by the person claiming the exemption or the person in charge of the educational institution claiming the exemption. The exemption expires 2 years after the last day of the calendar month in which the filing is made. The filing of a renewal of the exemption must be made not less than 60 days before the exemption expires.

3. Before a child enrolls in an institution that is exempt pursuant to this section, the institution shall provide written notice to the parents or legal guardian of the child that the institution is exempt from the Private Elementary and Secondary Education Authorization Act.

(Added to NRS by 1975, 1500; A 1983, 1969; 1985, 992; 1989, 662; 2001, 1023)

NRS 394.221 Duties of Board and Superintendent.

1. The Board shall:

(a) Adopt regulations governing the administration of the Private Elementary and Secondary Education Authorization Act.

(b) Establish minimum criteria, in conformity with NRS 394.241, which applicants for a license or agent’s permit must meet before a license or permit is issued. The criteria must be sufficient to effectuate the purposes of the Private Elementary and Secondary Education Authorization Act but not unreasonably hinder legitimate educational innovation.

2. The Superintendent shall administer the provisions of the Private Elementary and Secondary Education Authorization Act in accordance with the regulations of the Board. He shall:

(a) Receive, investigate as necessary and act upon applications for licenses and agents’ permits.

(b) Maintain a list of agents and private elementary and secondary education institutions authorized to operate in this state. The list shall be available for the information of the public.

(Added to NRS by 1975, 1501; A 1977, 66; 1979, 1621)

NRS 394.231 Powers of Superintendent. The Superintendent may:

1. Request from any other department, division, board, bureau, commission or other agency of the state, and the latter agency shall provide, any information which it possesses that will enable the Superintendent to exercise properly his powers and perform his duties under the Private Elementary and Secondary Education Authorization Act.

2. With the approval of the Board, negotiate and enter into interstate reciprocity agreements with similar agencies in other states, if in his judgment such agreements are or will be helpful in effectuating the purposes of the Private Elementary and Secondary Education Authorization Act, but nothing contained in any such reciprocity agreement may limit the powers, duties and responsibilities of the Superintendent independently to investigate or act upon any application for a license to operate or any application for renewal of a license to operate an elementary or secondary educational institution, or an application for issuance or renewal of any agent’s permit, or to enforce any provision of the Private Elementary and Secondary Education Authorization Act, or any regulations promulgated under it.

3. Investigate, on his own initiative or in response to any complaint lodged with him, any person subject to, or reasonably believed by the Superintendent to be subject to, his jurisdiction, and in connection with an investigation:

(a) Subpoena any persons, books, records or documents pertaining to the investigation;

(b) Require answers in writing under oath to questions propounded by the Superintendent; and

Ê A subpoena issued by the Superintendent may be enforced by any district court of this state.

4. Exercise other powers implied but not enumerated in this section but in conformity with the provisions of the Private Elementary and Secondary Education Authorization Act which are necessary in order to carry out its provisions.

(Added to NRS by 1975, 1501; A 1979, 1621)

NRS 394.241 Maintenance and operation in compliance with minimum standards; accreditation as evidence of compliance.

1. An elementary or secondary educational institution must be maintained and operated, or a new institution must demonstrate that it can be maintained and operated, in compliance with the following minimum standards:

(a) The quality and content of each course of instruction, training or study reasonably and adequately achieve the stated objective for which the course or program is offered.

(b) The institution has adequate space, equipment, instructional materials and personnel to provide education of good quality.

(c) The education and experience qualifications of directors, administrators, supervisors and instructors reasonably ensure that the students will receive education consistent with the objectives of the course or program of study.

(d) The institution provides pupils and other interested persons with a catalog or brochure containing information describing the grades or programs offered, program objectives, length of school year or program, schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, cancellation and refund policies, and such other material facts concerning the institution as are reasonably likely to affect the decision of the parents or pupil to enroll in the institution, together with any other disclosures specified by the Superintendent or defined in the regulations of the Board, and the information is provided to parents or prospective pupils before enrollment.

(e) Upon satisfactory completion of training or instruction, the pupil is given appropriate educational credentials by the institution indicating that the course of instruction or study has been satisfactorily completed.

(f) Adequate records are maintained by the institution to show attendance, progress and performance.

(g) The institution is maintained and operated in compliance with all pertinent ordinances and laws, including regulations adopted relative to the safety and health of all persons upon the premises.

(h) The institution is financially sound and capable of fulfilling its commitments.

(i) Neither the institution nor its agents engage in advertising, sales, collection, credit or other practices of any type which are false, deceptive, misleading or unfair.

(j) The chief executive officer, trustees, directors, owners, administrators, supervisors, staff, instructors and agents are of good reputation and character.

(k) The pupil housing owned, maintained or approved by the institution, if any, is appropriate, safe and adequate.

(l) The institution has a fair and equitable cancellation and refund policy.

2. Accreditation by national or regional accrediting agencies recognized by the United States Department of Education may be accepted as evidence of compliance with the minimum standards established pursuant to this section. Accreditation by a recognized, specialized accrediting agency may be accepted as evidence of such compliance only as to the portion or program of an institution accredited by the agency if the institution as a whole is not accredited.

(Added to NRS by 1975, 1502; A 1979, 1622; 1997, 1613)

NRS 394.245 Inspection of elementary and secondary educational institutions required. The Superintendent shall cause an inspection of each elementary or secondary educational institution to be conducted at least every 2 years to ensure that the institution:

1. Is operated in accordance with the provisions of all laws, regulations and ordinances relating to the health and safety of persons on the premises.

2. Is maintaining the records required by the regulations of the Board relating to administrators, supervisors, instructors and other educational personnel.

3. Has in force the insurance coverage required by the regulations of the Board.

(Added to NRS by 1991, 975)

NRS 394.251 License: Application; issuance; term; change in ownership; renewal.

1. Each elementary or secondary educational institution desiring to operate in this state must apply to the Superintendent upon forms provided by the Department. The application must be accompanied by the catalog or brochure published or proposed to be published by the institution. The application must also be accompanied by evidence of the required surety bond or certificate of deposit and payment of the fees required by law.

2. After review of the application and any further information required by the Superintendent, and an investigation of the applicant if necessary, the Board shall either grant or deny a license to operate to the applicant.

3. The license must state in a clear and conspicuous manner at least the following information:

(a) The date of issuance, effective date and term of the license.

(b) The correct name and address of the institution licensed to operate.

(d) Any limitation of the authorization, as considered necessary by the Board.

4. Except as otherwise provided in this subsection, the term for which authorization is given must not exceed 2 years. A provisional license may be issued for a shorter period of time if the Board finds that the applicant has not fully complied with the standards established by NRS 394.241. Authorization may be given for a term of not more than 4 years if:

(a) The institution has been licensed to operate for not less than 4 years preceding the authorization; and

(b) The institution has operated during that period without the filing of a verified complaint against it and without violating any provision of NRS 394.201 to 394.351, inclusive, or any regulation adopted pursuant to those sections.

5. The license must be issued to the owner or governing body of the applicant institution and is nontransferable. If a change in ownership of the institution occurs, the new owner or governing body must, within 10 days after the change in ownership, apply for a new license, and if it fails to do so, the institution’s license terminates. Application for a new license because of a change in ownership of the institution is, for purposes of NRS 394.281, an application for renewal of the institution’s license.

6. At least 60 days before the expiration of a license, the institution must complete and file with the Superintendent an application form for renewal of its license. The renewal application must be reviewed and acted upon as provided in this section.

7. An institution not yet in operation when its application for a license is filed may not begin operation until the license is issued. An institution in operation when its application for a license is filed may continue operation until its application is acted upon by the Board, and thereafter its authority to operate is governed by the action of the Board.

(Added to NRS by 1975, 1503; A 1979, 1623; 1991, 975)

1. Each person desiring to solicit or perform the services of an agent in this state must apply to the Superintendent upon forms provided by the Department. The application must include the social security number of the applicant, be accompanied by evidence of the good reputation and character of the applicant, in a form prescribed by the Superintendent, and state the institution which the applicant intends to represent. An agent representing more than one institution must obtain a separate agent’s permit for each institution represented, except that if an agent represents institutions having a common ownership, only one agent’s permit is required with respect to the institutions. If any institution which the applicant intends to represent does not have a license to operate in this state, the application must be accompanied by the information required from an institution that is applying for a license. The application for an agent’s permit must also be accompanied by evidence of the required surety bond or certificate of deposit and payment of the fees required by law.

2. After a review of the application and any further information submitted by the applicant as required by regulations of the Board, and any investigation of the applicant which the Board or Superintendent considers appropriate, the Board shall grant or deny an agent’s permit to the applicant.

3. The agent’s permit must state in a clear and conspicuous manner at least the following information:

(a) The date of issuance, effective date and term of the permit.

(b) The correct name and a

US Laws, Codes, Statutes & Cases

Chapter 394 — Private Educational Institutions and Establishments

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