2005 Nevada Revised Statutes - Chapter 394 — Private Educational Institutions and Establishments

CHAPTER 394 - PRIVATE EDUCATIONALINSTITUTIONS AND ESTABLISHMENTS

GENERAL PROVISIONS

NRS 394.005 Definitions.

NRS 394.006 Accrediteddefined.

NRS 394.007 Administratordefined.

NRS 394.009 Agentdefined.

NRS 394.011 Agentspermit defined.

NRS 394.017 Boarddefined.

NRS 394.023 Commissiondefined.

NRS 394.024 Commissionerdefined.

NRS 394.026 Confidentialdefined.

NRS 394.035 Documentof indebtedness defined.

NRS 394.037 Drivingschool defined.

NRS 394.041 Educationand educational services defined.

NRS 394.043 Educationalcredentials defined.

NRS 394.045 Elementaryand secondary educational institutions defined.

NRS 394.047 Entitydefined.

NRS 394.057 Grantingdefined.

NRS 394.071 Lendingagency defined.

NRS 394.075 Licensedefined.

NRS 394.087 Offerdefined.

NRS 394.091 Operatedefined.

NRS 394.093 Ownershipdefined.

NRS 394.098 Postsecondaryeducation defined.

NRS 394.099 Postsecondaryeducational institution defined.

NRS 394.103 Privateschools defined.

NRS 394.112 Superintendentdefined.

NRS 394.125 Legislativestatement of policy and purpose of chapter.

INSTRUCTION; ADMISSION; REQUIREMENTS OF TEACHERS

NRS 394.130 Requiredinstruction; reports; religious instruction; no right to share in apportionmentof money for public schools.

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

NRS 394.147 Petitionfor order of court permitting admission of child under name other than thatappearing on birth certificate or record of attendance.

NRS 394.150 Instructionin United States Constitution and Nevadas Constitution; exception;examination.

NRS 394.160 Teachersrequired to show knowledge of United States Constitution and NevadasConstitution.

CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT FOR SEXUALOFFENSE OR SEXUALLY MOTIVATED ACT

NRS 394.162 Definitions.

NRS 394.163 Notificationdefined.

NRS 394.164 Offenderdefined.

NRS 394.1643 Sexualoffense defined.

NRS 394.1647 Sexuallymotivated act defined.

NRS 394.165 Victimdefined.

NRS 394.166 Offenderprohibited from attending school victim attends without court approval.

NRS 394.167 Confidentialityof name of victim; immunity from liability if name released under certaincircumstances.

CRISIS RESPONSE IN PRIVATE SCHOOLS

NRS 394.168 Definitions.

NRS 394.1681 Crisisdefined.

NRS 394.1682 Developmentcommittee defined.

NRS 394.1683 Schoolcommittee defined.

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

NRS 394.1687 Developmentcommittee: Development of plan to be used by private school in responding tocrisis; submission of plan to governing body of private school; compliance withplan required of private school.

NRS 394.1688 Annualreview and update of plan for responding to crisis; maintenance, posting anddistribution of plan; annual training for school employees.

NRS 394.169 Schoolcommittee: Establishment; membership; terms of members.

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

NRS 394.1692 Reviewby development committee of proposed deviation from plan; notice of approval ordenial; submission of copy of approved deviation to governing body of privateschool.

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

NRS 394.1696 Dutiesof principal or other person in charge of private school if crisis occurs atschool; determination by local agency whether crisis requires assistance fromstate agency; duties of Division of Emergency Management of Department ofPublic Safety.

NRS 394.1698 Confidentialityof plans, approved deviations and certain other information.

NRS 394.1699 Inapplicabilityof Open Meeting Law to development committee, school committee and certainmeetings of State Board related to crisis response.

HEALTH AND SAFETY; THREATS OF VIOLENCE; SCHOOL PROPERTY

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

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

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

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

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

NRS 394.185 Maintenanceand availability of material safety data sheet for hazardous materials used onschool buildings or grounds.

NRS 394.187 Unlawfulto use diisocyanate in maintenance or repair of building owned or operated byschool 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 Immunizationof pupils: Certificate prerequisite to enrollment; conditional enrollment;effect of failure to immunize; report to Health Division; inclusion ofcertificate in pupils record.

NRS 394.193 Immunizationof pupils: Exemption if prohibited by religious belief.

NRS 394.194 Immunizationof pupils: Exemption if prevented by medical condition.

NRS 394.196 Immunizationof pupils: Additional requirements imposed after enrollment; additionalcertificate required.

NRS 394.198 Immunizationof pupils: Protection of child exempt from immunization if dangerous diseaseexists in school.

NRS 394.199 Immunizationof pupils: Penalty for refusal to remove child from school when required bylaw.

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 Shorttitle.

NRS 394.211 Exemptionsfrom Act; filing of exemption with State Board; term of exemption; renewal;notice to parent or guardian of exemption required before pupil enrolls ininstitution.

NRS 394.221 Dutiesof Board and Superintendent.

NRS 394.231 Powersof Superintendent.

NRS 394.241 Maintenanceand operation in compliance with minimum standards; accreditation as evidenceof compliance.

NRS 394.245 Inspectionof elementary and secondary educational institutions required.

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

NRS 394.261 Agentspermit: Requirements for issuance and renewal; term. [Effective until the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 394.261 Agentspermit: Requirements for issuance and renewal; term. [Effective on the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 394.263 Additionalrequirements for issuance and renewal of agents permit: Statement regardingobligation of child support; grounds for denial of permit; duty of Superintendentof Public Instruction. [Expires by limitation on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 394.271 Suretybond or certificate of deposit.

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

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

NRS 394.295 Mandatorysuspension of agents permit for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of permit. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 394.301 Revocationof or condition on license or permit: Notification.

NRS 394.311 Complaintof violation: Procedure; hearing; remedies.

NRS 394.321 Postponementof effective date of action pending review.

NRS 394.331 Fees.

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

NRS 394.351 Unlawfulacts.

 

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

NRS 394.353 Definitions.

NRS 394.354 Aversiveintervention defined.

NRS 394.355 Chemicalrestraint defined.

NRS 394.356 Corporalpunishment defined.

NRS 394.357 Electricshock defined.

NRS 394.358 Emergencydefined.

NRS 394.359 Individualizededucation program team defined.

NRS 394.362 Mechanicalrestraint defined.

NRS 394.363 Physicalrestraint defined.

NRS 394.364 Pupilwith a disability defined.

NRS 394.365 Verbaland mental abuse defined.

NRS 394.366 Aversiveintervention prohibited.

NRS 394.367 Physicalrestraint and mechanical restraint prohibited; exceptions.

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

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

NRS 394.372 Educationand training for staff.

NRS 394.375 Disciplinaryaction against person for intentional violation.

NRS 394.376 Reportof violation; corrective plan required.

NRS 394.377 Retaliationfor reporting violation prohibited.

NRS 394.378 Reportingof denial of rights; investigation and resolution of disputes bySuperintendent.

PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTIONS

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

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

NRS 394.411 Regulationsof Commission; administration by Administrator.

NRS 394.415 Licensingof postsecondary educational institution.

NRS 394.421 Powersand duties of Commission.

NRS 394.430 Powersand duties of Administrator.

NRS 394.440 Informationand expert witnesses to be provided by other state agencies; consultation withexperts outside State Government.

NRS 394.441 Informationprovided 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 Procedurefor grievances; receipt for payment by student; annual report to Commission.

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

NRS 394.447 Accreditationas evidence of compliance with minimum standards.

NRS 394.449 Requirementsof policy for refunds by institutions.

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

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

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

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

NRS 394.463 Paymentby institution of subsistence and travel for inspections and certain meetingsof Commission; claims.

NRS 394.465 Investigationof certain applicants for employment with postsecondary educationalinstitution; confidentiality of results; exception to requirements for certainapplicants.

NRS 394.470 Agentspermit: Requirements for issuance and renewal; term. [Effective until the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 394.470 Agentspermit: Requirements for issuance and renewal; term. [Effective on the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 394.473 Additionalrequirements for issuance and renewal of agents permit: Statement regardingobligation of child support; grounds for denial of permit; duty ofAdministrator. [Expires by limitation on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

NRS 394.475 Authorizationby Administrator for employment of agents by postsecondary educationalinstitution.

NRS 394.480 Suretybond required of certain institutions; Commission authorized to requireadditional bond; release of surety on bond; suspension of agents permit ifinstitution not covered by bond.

NRS 394.490 Denialof license, permit or authorization: Notice; extension of time to correctdeficiencies.

NRS 394.500 Denialof permit or authorization: Hearing.

NRS 394.510 Revocationof or conditions on license or permit: Grounds; notification; cessation ofoperations; administrative fine.

NRS 394.515 Mandatorysuspension of agents permit for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of permit. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 394.520 Complaintof violation: Procedure; hearing; remedies.

NRS 394.530 Postponementof effective date of action pending review.

NRS 394.540 Fees.

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

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

NRS 394.553 Accountfor Student Indemnification.

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

NRS 394.560 Unlawfulacts.

ENFORCEMENT AND PENALTIES

NRS 394.570 Legislativeappropriations.

NRS 394.580 Jurisdiction;service of process.

NRS 394.590 Documentsof indebtedness and related agreements: Restrictions and requirements.

NRS 394.600 Actionfor enforcement; injunctive relief.

NRS 394.610 Penalty.

RESTRICTIONS ON USE OF TERMS AND GRANTING DEGREES

NRS 394.620 Definitions.

NRS 394.625 Useof university, college and similar terms; regulations.

NRS 394.630 Awardingdegrees.

NRS 394.640 Advertisingawarding of degrees.

NRS 394.650 Civilpenalty.

NRS 394.660 Injunction.

NRS 394.670 Criminalpenalty.

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 otherwiserequires, the words and terms defined in NRS394.006 to 394.112, inclusive, havethe meanings ascribed to them in those sections.

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

NRS 394.006 Accrediteddefined. A postsecondary educational institutionis accredited if it has met the standards required by an accrediting bodyrecognized by the United States Department of Education.

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

NRS 394.007 Administratordefined. Administrator means the Administratorof the Commission on Postsecondary Education.

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

NRS 394.009 Agentdefined. Agent means:

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

2. In the case of a postsecondary educationalinstitution, a natural person representing the institution while off itspremises and having the authority:

(a) To obligate the institution or a prospectivestudent of the institution; or

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

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

NRS 394.011 Agentspermit defined. Agents permit means a nontransferablewritten authorization issued to a natural person by the Board or Commissionwhich allows that person to solicit or enroll any resident of this state foreducation in a private elementary, secondary or postsecondary educationalinstitution.

(Added to NRS by 1975, 1498)

NRS 394.017 Boarddefined. Board means the State Board of Education.

(Added to NRS by 1975, 1498)

NRS 394.023 Commissiondefined. Commission means the Commission onPostsecondary Education.

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

NRS 394.024 Commissionerdefined. Commissioner means any member ofthe Commission on Postsecondary Education except the Administrator.

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

NRS 394.026 Confidentialdefined. Confidential means information thatis 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, aperson responsible for reviewing the curriculum or financial records of apostsecondary educational institution.

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

NRS 394.035 Documentof indebtedness defined. Document of indebtednessmeans any contract, note, instrument or other evidence of indebtedness enteredinto by a resident of this state and a private elementary, secondary orpostsecondary educational institution, its agent or lending agency specifyingthe terms of payment for educational services to be provided by any privateelementary, secondary or postsecondary educational institution.

(Added to NRS by 1975, 1498)

NRS 394.037 Drivingschool defined. Driving school means apostsecondary educational institution that trains its students to drive motorvehicles as a vocation. The term does not include the Program for the Educationof Motorcycle Riders established pursuant to NRS486.372.

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

NRS 394.041 Educationand educational services defined. Educationor educational services includes any class, course or program of training,instruction or study.

(Added to NRS by 1975, 1498)

NRS 394.043 Educationalcredentials defined. Educationalcredentials 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 tosignify enrollment, attendance, progress or satisfactory completion of therequirements or prerequisites for education at a private elementary, secondaryor postsecondary educational institution.

(Added to NRS by 1975, 1498)

NRS 394.045 Elementaryand secondary educational institutions defined. Elementaryand secondary educational institutions includes an academic, vocational,technical, correspondence, business or other school or other person offeringeducational credentials, diplomas or certificates, or offering instruction oreducational services. This term includes all grades from kindergarten throughthe twelfth grade.

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

NRS 394.047 Entitydefined. Entity includes any company, firm,society, association, partnership, corporation and trust.

(Added to NRS by 1975, 1499)

NRS 394.057 Grantingdefined. Granting includes awarding,selling, conferring, bestowing or giving.

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

NRS 394.071 Lendingagency defined. Lending agency means:

1. Any private elementary, secondary or postsecondaryeducational institution;

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

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

(Added to NRS by 1975, 1499)

NRS 394.075 Licensedefined. License means the writtenauthorization of the Board or Commission to operate or to contract to operate aprivate elementary, secondary or postsecondary educational institution.

(Added to NRS by 1975, 1499)

NRS 394.087 Offerdefined. Offer includes, in addition to itsusual 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 Operatedefined. Operate means to establish ormaintain any facility in this state from or through which education oreducational credentials are offered or granted, and includes contracting withany person, group or entity for the purpose of providing education oreducational credentials.

(Added to NRS by 1975, 1499)

NRS 394.093 Ownershipdefined. Ownership means ownership of acontrolling interest in a private elementary, secondary or postsecondaryeducational institution or ownership of a controlling interest in the legalentity owning or controlling the institution.

(Added to NRS by 1975, 1499)

NRS 394.098 Postsecondaryeducation defined. Postsecondary educationis limited to education or educational services offered by an institution whichis privately owned to persons who have completed or terminated their elementaryand secondary education or who are beyond the age of compulsory schoolattendance for the attainment of academic, professional or vocationalobjectives.

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

NRS 394.099 Postsecondaryeducational institution defined. Postsecondaryeducational institution means an academic, vocational, technical, home study,business, professional or other school, college or university that is privatelyowned, or any person offering postsecondary education if he:

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

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

3. Educates or trains persons who are not hisemployees; and

4. Educates or trains, or claims or offers to educateor 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 aneducational credential awarded in another state which does not require theperson to obtain a majority of the credits required in that state; or

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

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

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

NRS 394.103 Privateschools defined. Private schools meansprivate elementary and secondary educational institutions. The term does notinclude a home in which instruction is provided to a child who is excused fromcompulsory attendance pursuant to subsection 1 of NRS 392.070.

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

NRS 394.112 Superintendentdefined. Superintendent means the Superintendentof Public Instruction.

(Added to NRS by 1979, 1620)

NRS 394.125 Legislativestatement of policy and purpose of chapter. Itis the policy of this State to encourage and enable its residents to receive aneducation commensurate with their respective talents and desires. TheLegislature recognizes that privately owned institutions offering elementary,secondary and postsecondary education and vocational and professional instructionperform a necessary service to the residents of this State. It is the purposeof this chapter to provide for the protection, education and welfare of theresidents of the State of Nevada, its educational, vocational and professionalinstitutions, and its students, by:

1. Establishing minimum standards concerning qualityof education, ethical and business practices, health and safety, and fiscalresponsibility, to protect against substandard, transient, unethical, deceptiveor fraudulent institutions and practices;

2. Prohibiting the granting of false or misleadingeducational credentials;

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

4. Regulating the use of academic terminology innaming 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 essentialacademic records; and

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

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

INSTRUCTION; ADMISSION; REQUIREMENTS OF TEACHERS

NRS 394.130 Requiredinstruction; reports; religious instruction; no right to share in apportionmentof money for public schools.

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

2. Such private schools shall be required to furnishfrom time to time such reports as the Superintendent of Public Instruction mayfind necessary as to enrollment, attendance and general progress within suchschools.

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

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

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

[459:32:1956]

NRS 394.145 Documentsrequired 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 thisstate shall not permanently admit any child until the parent or guardian of thechild furnishes a birth certificate or other document suitable as proof of thechilds identity and, if applicable, a copy of the childs records from theschool he most recently attended.

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

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

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

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

(a) Presents a false birth certificate or record ofattendance 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 alocal law enforcement agency conducting an investigation in response tonotification pursuant to subsection 4,

of a childunder 17 years of age who is under his control or charge, is guilty of amisdemeanor.

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

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

(Added to NRS by 1987, 213)

NRS 394.150 Instructionin United States Constitution and Nevadas Constitution; exception;examination.

1. In all private schools, colleges and universitieslocated within this state, except those operated exclusively for employees ofthe Department of Defense of the Federal Government and their families,instruction must be given in the essentials of the Constitution of the UnitedStates and the Constitution of the State of Nevada, including the origin andhistory of the Constitutions and the study of and devotion to Americaninstitutions and ideals.

2. The instruction required in subsection 1 must begiven during at least 1 year each of the elementary, high school and collegegrades.

3. A student in such schools must not receive acertificate or diploma of graduation without having passed an examination uponthe Constitutions.

[461:32:1956](NRS A 1985, 991)

NRS 394.160 Teachersrequired to show knowledge of United States Constitution and NevadasConstitution.

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

2. The Superintendent with respect to a private schoolor the Administrator with respect to a private college or university may granta 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 SEXUALOFFENSE OR SEXUALLY MOTIVATED ACT

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

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

NRS 394.163 Notificationdefined. Notification means a notificationwhich indicates that a child has been adjudicated delinquent for a sexualoffense or a sexually motivated act and which is provided by a probationofficer or parole officer pursuant to NRS62F.120.

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

NRS 394.164 Offenderdefined. Offender means a child identifiedin a notification as the child who has been adjudicated delinquent for a sexualoffense or a sexually motivated act.

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

NRS 394.1643 Sexualoffense defined. Sexual offense has themeaning ascribed to it in NRS 62F.100.

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

NRS 394.1647 Sexuallymotivated act defined. Sexually motivatedact has the meaning ascribed to it in NRS62A.320.

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

NRS 394.165 Victimdefined. Victim means a child identified ina notification as a victim of a sexual offense or a sexually motivated actcommitted by the offender.

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

NRS 394.166 Offenderprohibited from attending school victim attends without court approval. If the executive head of a private school receives notificationand a victim identified in the notification is attending a private school underhis authority, the executive head shall not permit an offender who is subjectto the provisions of NRS 62F.100 to 62F.150, inclusive, to attend the privateschool that a victim is attending unless:

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

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

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

NRS 394.167 Confidentialityof name of victim; immunity from liability if name released under certaincircumstances.

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

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

3. The executive head of a private school or a personwho:

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

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

is immunefrom criminal or civil liability for releasing or failing to release the nameof the offender or the name of a victim unless the executive head of theprivate 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 394.168to 394.1699, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 394.1681, 394.1682 and 394.1683 have the meanings ascribed tothem in those sections.

(Added to NRS by 2001, 1330)

NRS 394.1681 Crisisdefined. Crisis means a traumatic and suddenevent or emergency condition that:

1. Involves violence;

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

3. Occurs on the property of a private school, at anactivity sponsored by a private school or on a school bus while the bus isengaged 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 Developmentcommittee defined. Development committeemeans a committee established pursuant to NRS394.1685.

(Added to NRS by 2001, 1330)

NRS 394.1683 Schoolcommittee defined. School committee means acommittee established for each private school pursuant to NRS 394.169.

(Added to NRS by 2001, 1330)

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

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

2. The membership of a development committee consistsof:

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

(b) At least one administrator of the school;

(c) At least one teacher of the school;

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

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

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

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

(a) A counselor of the school;

(b) A psychologist of the school;

(c) A licensed social worker of the school;

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

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

4. The governing body of each private school shalldetermine the term of each member of the development committee that itestablished. Each development committee may adopt rules for its own managementand government.

(Added to NRS by 2001, 1330)

NRS 394.1687 Developmentcommittee: Development of plan to be used by private school in responding tocrisis; submission of plan to governing body of private school; compliance withplan required of private school.

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

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

(b) Assisting persons within the school to communicatewith persons located outside the school, including, without limitation,relatives of pupils and relatives of employees of the school, the news mediaand persons from local, state or federal agencies that are responding to acrisis;

(c) Immediately responding to a crisis and forresponding during the period after a crisis has concluded, including, withoutlimitation, a crisis that results in immediate physical harm to a pupil oremployee of the school;

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

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

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

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

(Added to NRS by 2001, 1330)

NRS 394.1688 Annualreview and update of plan for responding to crisis; maintenance, posting anddistribution of plan; annual training for school employees.

1. Each development committee shall, at least onceeach year, review and update as appropriate the plan that it developed pursuantto NRS 394.1687, and provide an updatedcopy 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 andupdate that its development committee performs pursuant to subsection 1 at theschool;

(b) Post a copy of NRS392.640 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 pursuantto 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 updatedpursuant to subsection 1 to:

(1) The Board;

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

(3) The Division of Emergency Management of theDepartment of Public Safety;

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

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

(1) The Board;

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

(3) The Division of Emergency Management of theDepartment of Public Safety;

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

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

(g) At least once each year, provide training inresponding to a crisis to each employee of the school, including, withoutlimitation, training concerning drills for evacuating and securing the school.

(Added to NRS by 2001, 1331)

NRS 394.169 Schoolcommittee: Establishment; membership; terms of members.

1. The principal or other person in charge of eachprivate school shall establish a school committee to review the plan developedfor the private school pursuant to NRS394.1687.

2. The membership of a school committee consists of:

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

(b) Two employees of the school;

(c) One employee of the school who is not responsiblefor the administration of the school; and

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

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

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

(b) A counselor of the school;

(c) A psychologist of the school;

(d) A licensed social worker of the school;

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

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

4. The principal or other person in charge of aprivate school shall determine the term of each member of the school committeeestablished for the school. Each school committee may adopt rules for its ownmanagement and government.

(Added to NRS by 2001, 1332)

NRS 394.1691 Schoolcommittee: 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 eachyear, review the plan developed for its school pursuant to NRS 394.1687 and determine whether theschool should deviate from the plan. Each school committee shall, whenreviewing the plan, consult with the local social service agencies and lawenforcement agencies in the county, city or town in which its school islocated. If a school committee determines that its school should deviate fromthe plan, the school committee shall notify the development committee thatdeveloped the plan, describe the proposed deviation and explain the reason forthe proposed deviation. The school may deviate from the plan only if thedeviation is approved by the development committee pursuant to NRS 394.1692.

2. Each private school shall post at the school anotice of the completion of each review that its school committee performspursuant to this section.

(Added to NRS by 2001, 1332)

NRS 394.1692 Reviewby development committee of proposed deviation from plan; notice of approval ordenial; submission of copy of approved deviation to governing body of privateschool.

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

(a) Review the proposed deviation and any informationsubmitted with the proposed deviation; and

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

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

(Added to NRS by 2001, 1332)

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

1. The Board shall adopt regulations setting forthrequirements 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 sectionmust include, without limitation, requirements concerning training and practicein procedures for responding to a crisis.

(Added to NRS by 2001, 1333)

NRS 394.1696 Dutiesof principal or other person in charge of private school if crisis occurs atschool; determination by local agency whether crisis requires assistance fromstate agency; duties of Division of Emergency Management of Department ofPublic Safety.

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

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

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

(b) If a local organization for emergency managementhas not been established in the city or county in which the local agency thatwas contacted is located, directly notify the Division of Emergency Managementof the Department of Public Safety of the crisis and request assistance fromthe Division in responding to the crisis.

3. If the Division of Emergency Management of theDepartment of Public Safety receives notification of a crisis and a request forassistance pursuant to subsection 2 and the Governor or his designatedrepresentative determines that the crisis requires assistance from a stateagency, the Division shall carry out its duties set forth in the plan developedpursuant to NRS 392.640 and its dutiesset forth in chapter 414 of NRS, including,without limitation, addressing the immediate crisis and coordinating theappropriate and available local, state and federal resources to provide supportservices and counseling to pupils, teachers, and parents or legal guardians ofpupils, and providing support for law enforcement agencies, for as long as isreasonably necessary.

(Added to NRS by 2001, 1333)

NRS 394.1698 Confidentialityof 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 anyinformation submitted to a development committee pursuant to NRS 394.1691 and a deviation approvedpursuant to NRS 394.1692 areconfidential and, except as otherwise provided in NRS 392.640 and 394.168 to 394.1699, inclusive, must not be disclosedto any person or government, governmental agency or political subdivision of agovernment.

(Added to NRS by 2001, 1333)

NRS 394.1699 Inapplicabilityof Open Meeting Law to development committee, school committee and certainmeetings of State Board related to crisis response. Theprovisions of chapter 241 of NRS do not applyto a meeting of:

1. A development committee;

2. A school committee; or

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

(Added to NRS by 2001, 1333)

HEALTH AND SAFETY; THREATS OF VIOLENCE; SCHOOL PROPERTY

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

1. The authorities in charge of every private schoolwithin this state shall provide drills for the pupils in the schools at leasttwice in each month during the school year to instruct those pupils in theappropriate procedures to be followed in the event of a fire or otheremergency, except a crisis governed by NRS394.168 to 394.1699, inclusive. Notmore than three of those drills may include instruction in the appropriateprocedures to be followed in the event of a chemical explosion, related emergenciesand other natural disasters.

2. In all cities or towns which have regularlyorganized, paid fire departments or voluntary fire departments, the drillsrequired by subsection 1 must be conducted under the supervision of the chiefof the fire department of the city or town.

3. The State Fire Marshal shall prescribe generalregulations governing the drills required by subsection 1 and shall, with thecooperation of the Superintendent of Public Instruction, arrange for thesupervision of drills in schools where the drills are not supervised pursuantto subsection 2.

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

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

6. Any violation of the provisions of this section isa misdemeanor.

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

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

1. Any private elementary or secondary school in thisstate 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 ofEducation shall distribute at no charge to the private school any materialsthey have that will assist in the establishment of such a program.

(Added to NRS by 1985, 2169)(Substituted in revisionfor NRS 394.135)

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

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

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

(a) Is acting in his professional or occupationalcapacity 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 thecommission 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 ofall the surrounding facts and circumstances which are known, a reasonableperson would believe, under those facts and circumstances, that an act,transaction, event, situation or condition exists, is occurring or hasoccurred.

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

(c) School official means:

(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 privateschool to provide instruction and other educational services to pupils enrolledin the private school.

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

NRS 394.178 Threateningto 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 oforal, written or electronic communication, knowingly threaten to cause bodilyharm or death to a pupil or employee of a private school with the intent to:

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

(b) Cause panic or civil unrest; or

(c) Interfere with the operation of a private school.

2. Unless a greater penalty is provided by specificstatute, 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 schoolwho is the subject of the threat to be intimidated, frightened, alarmed ordistressed;

(2) Panic or civil unrest; or

(3) Interference with the operation of a privateschool.

3. As used in this section, oral, written orelectronic communication includes, without limitation, any of the following:

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

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

(c) A telegraph or wire service, or any other similarmeans of communication.

(d) A telephone, cellular phone, satellite phone, pageor 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 anyother similar means of communication.

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

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

(Added to NRS by 2001 Special Session,185)

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

1. It is unlawful for any person:

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

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

(c) To loiter on or near the school grounds;

(d) Purposely and maliciously to commit any trespassupon the grounds attached to a private schoolhouse, or any fixtures placedthereon, or any enclosure or sidewalk about the same; or

(e) In any manner maliciously and purposely tointerfere with or disturb any persons peaceably assembled within a privateschoolhouse for school purposes.

2. Unless a greater penalty is provided by NRS 206.125, any person violating any ofthe provisions of subsection 1 is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value ofthe 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 Maintenanceand availability of material safety data sheet for hazardous materials used onschool buildings or grounds.

1. A private school shall:

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

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

(c) Make those sheets available to all the personnel ofthe 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, 3353)

NRS 394.187 Unlawfulto use diisocyanate in maintenance or repair of building owned or operated byschool while certain persons are present; penalty.

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 private school whileany person who is not necessary to the maintenance or repair is present in thebuilding.

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 private school shallensure that the building is not occupied for at least 4 hours following the useof 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, 3353)

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

1. The provisions of NRS392.400 and 392.410 relating to thecondition, equipment and identification of vehicles used for the transportationof pupils apply to private schools.

2. All such vehicles are subject to inspection at alltimes by agents and employees of the Department of Motor Vehicles, who shallreport any violations discovered thereby to the executive head of the privateschool.

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

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

NRS 394.192 Immunizationof pupils: Certificate prerequisite to enrollment; conditional enrollment;effect of failure to immunize; report to Health Division; inclusion ofcertificate in pupils record.

1. Unless excused because of religious belief or medicalcondition, a child may not be enrolled in a private school within this Stateunless his parents or guardian submit to the governing body of the privateschool a certificate stating that the child has been immunized and has receivedproper boosters for that immunization or is complying with the schedulesestablished by regulation pursuant to NRS439.550 for the following diseases:

(a) Diphtheria;

(b) Tetanus;

(c) Pertussis if the child is under 6 years of age;

(d) Poliomyelitis;

(e) Rubella;

(f) Rubeola; and

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

2. The certificate must show that the requiredvaccines and boosters were given and must bear a signature of a licensedphysician or his designee or a registered nurse or his designee, attesting thatthe certificate accurately reflects the childs record of immunization.

3. If the requirements of subsection 1 can be met withone visit to a physician or clinic, procedures for conditional enrollment donot apply.

4. A child may enter school conditionally if theparent or guardian submits a certificate from a physician or local healthofficer that the child is receiving the required immunizations. If acertificate from the physician or local health officer showing that the childhas been fully immunized is not submitted to the appropriate school officialswithin 90 school days after the child was conditionally admitted, the childmust be excluded from school and may not be readmitted until the requirementsfor immunization have been met. A child who is excluded from school pursuant tothis 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 privateschool shall report to the Health Division of the Department of Health andHuman Services, on a form furnished by the Division, the exact number of pupilswho have completed the immunizations required by this section.

6. The certificate of immunization must be included inthe pupils academic or cumulative record and transferred as part of thatrecord upon request.

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

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

(Added to NRS by 1971, 1041)

NRS 394.194 Immunizationof pupils: Exemption if prevented by medical condition. If the medical condition of a child will not permit him tobe immunized to the extent required by NRS394.192, a written statement of this fact signed by a licensed physicianand presented to the governing body by the parents or guardian of such childshall exempt such child from all or part of the provisions of NRS 394.192, as the case may be, forenrollment purposes.

(Added to NRS by 1971, 1041)

NRS 394.196 Immunizationof pupils: Additional requirements imposed after enrollment; additionalcertificate required. If, after a child hasbeen enrolled in a private school and before registration for any subsequentschool year additional immunization requirements are provided by law, thechilds parents or guardian shall submit an additional certificate orcertificates to the governing body stating that such child has met the newimmunization requirements.

(Added to NRS by 1971, 1041)

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

1. That the child be immunized; or

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

(Added to NRS by 1979, 315)

NRS 394.199 Immunizationof pupils: Penalty for refusal to remove child from school when required bylaw. Any parent or guardian who refuses to removehis child from the private school in which he is enrolled when retention inschool is prohibited under the provisions of NRS394.192, 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 AuthorizationAct: Exemptions; Maintenance and Operation; Licensing; Agents Permits;Unlawful Acts

NRS 394.201 Shorttitle. NRS394.201 to 394.351, inclusive, maybe cited as the Private Elementary and Secondary Education Authorization Act.

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

NRS 394.211 Exemptionsfrom Act; filing of exemption with State Board; term of exemption; renewal;notice to parent or guardian of exemption required before pupil enrolls ininstitution.

1. The following persons and educational institutionsare exempt from the provisions of the Private Elementary and SecondaryEducation Authorization Act:

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

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

(c) Institutions exclusively offering religious orsectarian studies.

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

(e) Institutions licensed by the Commission.

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

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

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

(i) Institutions offering instruction solely inavocational and recreational areas.

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

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

3. Before a child enrolls in an institution that isexempt pursuant to this section, the institution shall provide written noticeto the parents or legal guardian of the child that the institution is exemptfrom 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 Dutiesof Board and Superintendent.

1. The Board shall:

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

(b) Establish minimum criteria, in conformity with NRS 394.241, which applicants for a licenseor agents permit must meet before a license or permit is issued. The criteriamust be sufficient to effectuate the purposes of the Private Elementary andSecondary Education Authorization Act but not unreasonably hinder legitimate educationalinnovation.

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

(a) Receive, investigate as necessary and act uponapplications for licenses and agents permits.

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

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

NRS 394.231 Powersof Superintendent. The Superintendent may:

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

2. With the approval of the Board, negotiate and enterinto interstate reciprocity agreements with similar agencies in other states,if in his judgment such agreements are or will be helpful in effectuating thepurposes 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 investigateor act upon any application for a license to operate or any application forrenewal of a license to operate an elementary or secondary educationalinstitution, or an application for issuance or renewal of any agents permit,or to enforce any provision of the Private Elementary and Secondary Education AuthorizationAct, or any regulations promulgated under it.

3. Investigate, on his own initiative or in responseto any complaint lodged with him, any person subject to, or reasonably believedby the Superintendent to be subject to, his jurisdiction, and in connectionwith an investigation:

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

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

(c) Administer an oath or affirmation to any person.

A subpoenaissued by the Superintendent may be enforced by any district court of thisstate.

4. Exercise other powers implied but not enumerated inthis section but in conformity with the provisions of the Private Elementaryand Secondary Education Authorization Act which are necessary in order to carryout its provisions.

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

NRS 394.241 Maintenanceand operation in compliance with minimum standards; accreditation as evidenceof compliance.

1. An elementary or secondary educational institutionmust be maintained and operated, or a new institution must demonstrate that itcan be maintained and operated, in compliance with the following minimumstandards:

(a) The quality and content of each course ofinstruction, training or study reasonably and adequately achieve the statedobjective 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 ofdirectors, administrators, supervisors and instructors reasonably ensure thatthe students will receive education consistent with the objectives of thecourse or program of study.

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

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

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

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

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

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

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

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

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

2. Accreditation by national or regional accreditingagencies recognized by the United States Department of Education may beaccepted as evidence of compliance with the minimum standards establishedpursuant to this section. Accreditation by a recognized, specializedaccrediting agency may be accepted as evidence of such compliance only as tothe portion or program of an institution accredited by the agency if theinstitution as a whole is not accredited.

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

NRS 394.245 Inspectionof elementary and secondary educational institutions required. The Superintendent shall cause an inspection of eachelementary or secondary educational institution to be conducted at least every2 years to ensure that the institution:

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

2. Is maintaining the records required by theregulations of the Board relating to administrators, supervisors, instructorsand other educational personnel.

3. Has in force the insurance coverage required by theregulations 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 educationalinstitution desiring to operate in this state must apply to the Superintendentupon forms provided by the Department. The application must be accompanied bythe catalog or brochure published or proposed to be published by theinstitution. The application must also be accompanied by evidence of therequired surety bond or certificate of deposit and payment of the fees requiredby law.

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

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

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

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

(c) The authority for approval and conditions of operation.

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

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

(a) The institution has been licensed to operate fornot less than 4 years preceding the authorization; and

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

5. The license must be issued to the owner orgoverning body of the applicant institution and is nontransferable. If a changein 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 ifit fails to do so, the institutions license terminates. Application for a newlicense because of a change in ownership of the institution is, for purposes ofNRS 394.281, an application for renewalof the institutions license.

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

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

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

NRS 394.261 Agentspermit: Requirements for issuance and renewal; term. [Effective until the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. Each person desiring to solicit or perform theservices of an agent in this state must apply to the Superintendent upon formsprovided by the Department. The application must include the social securitynumber of the applicant, be accompanied by evidence of the good reputation andcharacter of the applicant, in a form prescribed by the Superintendent, andstate the institution which the applicant intends to represent. An agentrepresenting more than one institution must obtain a separate agents permit foreach institution represented, except that if an agent represents institutionshaving a common ownership, only one agents permit is required with respect tothe institutions. If any institution which the applicant intends to representdoes not have a license to operate in this state, the application must beaccompanied by the information required from an institution that is applyingfor a license. The application for an agents permit must also be accompaniedby evidence of the required surety bond or certificate of deposit and paymentof the fees required by law.

2. After a review of the application and any furtherinformation submitted by the applicant as required by regulations of the Board,and any investigation of the applicant which the Board or Superintendentconsiders appropriate, the Board shall grant or deny an agents permit to theapplicant.

3. The agents permit must state in a clear andconspicuous manner at least the following information:

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

(b) The correct name and address of the agent.

(c) The institutions which the agent is authorized torepresent.

4. An agents permit must not be issued for a term ofmore than 1 year.

5. At least 30 days before the expiration of anagents permit, the agent must complete and file with the Superintendent anapplication for renewal of the permit. The renewal application must be reviewedand acted upon as provided in this section.

(Added to NRS by 1975, 1504; A 1979, 1624; 1991, 976;1997, 2052)

NRS 394.261 Agents permit: Requirements forissuance and renewal; term. [Effective on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. Each person desiring to solicit or perform theservices of an agent in this state must apply to the Superintendent upon formsprovided by the Department. The application must be accompanied by evidence ofthe good reputation and character of the applicant, in a form prescribed by theSuperintendent, and state the institution which the applicant intends torepresent. An agent representing more than one institution must obtain aseparate agents permit for each institution represented, except that when an agentrepresents institutions having a common ownership only one agents permit isrequired with respect to the institutions. If any institution which theapplicant intends to represent does not have a license to operate in thisstate, the application must be accompanied by the information required ofinstitutions making application for a license. The application for an agentspermit must also be accompanied by evidence of the required surety bond orcertificate of deposit and payment of the fees required by law.

2. After review of the application and any furtherinformation submitted by the applicant as required by regulations of the Board,and any investigation of the applicant which the Board or Superintendentconsiders appropriate, the Board shall grant or deny an agents permit to theapplicant.

3. The agents permit must state in a clear andconspicuous manner at least the following information:

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

(b) The correct name and address of the agent.

(c) The institutions which the agent is authorized torepresent.

4. An agents permit must not be issued for a term ofmore than 1 year.

5. At least 30 days before the expiration of anagents permit, the agent must complete and file with the Superintendent anapplication for renewal of the permit. The renewal application must be reviewedand acted upon as provided in this section.

(Added to NRS by 1975, 1504; A 1979, 1624; 1991, 976;1997, 2052, effective on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings)

NRS 394.263 Additionalrequirements for issuance and renewal of agents permit: Statement regardingobligation of child support; grounds for denial of permit; duty ofSuperintendent of Public Instruction. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. An applicant for the issuance or renewal of anagents permit shall submit to the Superintendent the statement prescribed bythe Division of Welfare and Supportive Services of the Department of Health andHuman Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

2. The Superintendent shall include the statementrequired pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the agents permit; or

(b) A separate form prescribed by the Superintendent.

3. An agents permit may not be issued or renewed bythe Superintendent if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the superintendent shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added to NRS by 1997, 2050)

NRS 394.271 Suretybond or certificate of deposit.

1. Except as otherwise provided in this section, atthe time application is made for an agents permit, a license to operate or alicense renewal, the Superintendent shall require the elementary or secondaryeducational institution making the application to file a good and sufficientsurety bond in the sum of not less than $5,000. The bond must be executed bythe applicant as principal and by a surety company qualified and authorized todo business in this state. The bond must be made payable to the State of Nevadaand be conditioned to provide indemnification to any pupil, enrollee or hisparent or guardian determined to have suffered damage as a result of any act byany elementary or secondary educational institution or its agent which is aviolation of any provision of NRS 394.201to 394.351, inclusive, and the bondingcompany shall pay any final, nonappealable judgment of any court of this statethat has jurisdiction, upon receipt of written notice of final judgment. Thebond may be continuous but, regardless of the duration of the bond, theaggregate liability of the surety does not exceed the penal sum of the bond.

2. The surety bond must cover the period of thelicense or the agents permit, as appropriate, except when a surety isreleased.

3. A surety on any bond filed pursuant to this sectionmay be released after the surety gives 30 days written notice to theSuperintendent, but the release does not discharge or otherwise affect anyclaim filed by a pupil, enrollee or his parent or guardian for damage resultingfrom any act of the elementary or secondary educational institution or agentwhich is alleged to have occurred while the bond was in effect, nor for aninstitutions closing operations during the term for which tuition had beenpaid while the bond was in force.

4. In lieu of the bond otherwise required by thissection, an institution may purchase a certificate of deposit in an amount ofnot less than $5,000 from a financial institution insured by an agency of theFederal Government or by a private insurer approved pursuant to NRS 678.755. The deposit may be withdrawnonly on the order of the Superintendent, except that the interest may accrue tothe institution. Any pupil, enrollee or his parent or guardian who suffersdamage as the result of an act described in subsection 1 may bring and maintainan action to recover against the certificate of deposit.

5. A license or an agents permit is suspended byoperation of law when the institution or agent is no longer covered by a suretybond as required by this section and no deposit has been made pursuant tosubsection 4 or the deposit has been withdrawn. If a bond has been filed, theSuperintendent shall give the institution or agent, or both, at least 30 dayswritten notice before the release of the surety that the license or permit willbe suspended by operation of law until another surety bond is filed in the samemanner and amount as the bond being terminated.

(Added to NRS by 1975, 1506; A 1979, 1625; 1991, 977;1999, 1489)

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

1. If the Board, upon review and consideration of anapplication for a license or for an agents permit, or a renewal of a licenseor agents permit, determines that the applicant fails to meet the criteria forgranting the application, the Superintendent shall notify the applicant bycertified mail setting forth the reasons for the denial of the application.

2. The Superintendent may grant to an applicant forrenewal an extension of time to eliminate the reasons recited in the denialletter if:

(a) The applicant has demonstrated his desire to meetthe criteria; and

(b) The Superintendent reasonably believes that theapplicant can correct the deficiencies within the extension period.

3. If the Board denies an application for an agentspermit, or an application for renewal, the Superintendent shall notify theinstitution which the agent represented or sought to represent, setting forththe reasons for the denial.

(Added to NRS by 1975, 1505; A 1979, 1625)

NRS 394.291 Denialor revocation of or condition on license or permit: Hearing. Any person aggrieved by the denial or revocation of alicense to operate or an agents permit, or the placement of conditions on thelicense to operate or agents permit, is entitled to a hearing before the Boardif the aggrieved person submits a written request for a hearing within 10 daysfrom receipt of the letter of denial, revocation or placement of conditions. Ifno request is submitted within the prescribed period the decision of the Boardis final.

(Added to NRS by 1975, 1505; A 1977, 66; 1979, 1626)

NRS 394.295 Mandatorysuspension of agents permit for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of permit. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of anagents permit, the Board shall deem the permit issued to that person to besuspended at the end of the 30th day after the date on which the court orderwas issued unless the Board receives a letter issued to the holder of thepermit by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thepermit has complied with the subpoena or warrant or has satisfied the arrearagepursuant to NRS 425.560.

2. The Board shall reinstate an agents permit thathas been suspended by a district court pursuant to NRS 425.540 if the Board receives a letterissued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose permit wassuspended stating that the person whose permit was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2051)

NRS 394.301 Revocationof or condition on license or permit: Notification.

1. The Board may revoke or make conditional a licenseto operate or an agents permit after its issuance if it reasonably believesthat the holder of the license or permit has violated the Private Elementaryand Secondary Education Authorization Act or any regulations adopted under it.Prior to the revocation or imposition of conditions, the Superintendent shallnotify the holder by certified mail of facts or conduct which warrant theimpending action and advise the holder that if a hearing is desired it must berequested within 10 days of receipt of the notice letter.

2. If an agents permit is revoked or conditionsimposed, the Superintendent shall, by certified mail, notify the institutionswhich the agent represented in addition to the agent and any other parties toany hearing.

(Added to NRS by 1975, 1505; A 1977, 67; 1979, 1626)

NRS 394.311 Complaintof violation: Procedure; hearing; remedies.

1. Any person claiming damage either individually oras a representative of a class of complainants as a result of any act by anelementary or secondary educational institution or its agent, or both, which isa violation of the Private Elementary and Secondary Education Authorization Actor regulations promulgated under it, may file with the Superintendent averified complaint against the institution, its agent or both. The complaintshall set forth the alleged violation and contain other information as requiredby regulations of the Board. A complaint may also be filed by theSuperintendent on his own motion or by the Attorney General.

2. The Superintendent shall investigate any verifiedcomplaint and may, at his discretion, attempt to effectuate a settlement bypersuasion and conciliation. The Board may consider a complaint after 10 dayswritten notice by certified mail to the institution or to the agent, or both,as appropriate, giving notice of a time and place for a hearing.

3. If, after consideration of all evidence presentedat a hearing, the Board finds that an elementary or secondary educationalinstitution or its agent, or both, has engaged in any act which violates thePrivate Elementary and Secondary Education Authorization Act or regulationspromulgated under it, the Board shall issue and the Superintendent shall serveupon the institution or agent or both, an order to cease and desist from suchact. The Board may also, as appropriate, based on the Superintendentsinvestigation or the evidence adduced at the hearing, or both, institute an actionto revoke an institutions license or an agents permit.

(Added to NRS by 1975, 1505; A 1979, 1626)

NRS 394.321 Postponementof effective date of action pending review. Ifthe Board determines that irreparable injury would result from putting intoimmediate effect any final action or penalty imposed under the PrivateElementary and Secondary Education Authorization Act, it shall postpone theeffective date of the action pending review.

(Added to NRS by 1975, 1506; A 1977, 67; 1979, 1627)

NRS 394.331 Fees. All fees collected pursuant to the provisions of the PrivateElementary and Secondary Education Authorization Act must be deposited in theState Treasury for credit to the appropriate account of the Department of Education,and no fees so collected are subject to refund. The fees to be collected by theSuperintendent must accompany an application for a license to operate or for renewalof the license, an application for an agents permit or for renewal of the permit,or a filing for an exemption or for renewal of the exemption, in accordancewith the following schedule:

1. The application fee for an elementary or secondaryeducational institution is $300.

2. The renewal fee for an elementary or secondaryeducational institution is $250.

3. The application fee for a new license by reason ofa change of ownership is $250.

4. The fee for an agents permit or for renewal of thepermit is $50.

(Added to NRS by 1975, 1507; A 1979, 1627; 1989, 663;2005, 1181)

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

1. If any elementary or secondary educationalinstitution operating in this state proposes to discontinue its operation, thechief administrative officer of the institution, by whatever title designated,shall file with the Superintendent original or true copies of all academicrecords of the institution as specified by the Superintendent. The recordsshall include, as a minimum, academic information customarily required by schoolswhen considering pupils for transfer or advanced study; and, as a separatedocument, the academic record of each former pupil.

2. If it appears to the Superintendent that academicrecords of an institution discontinuing its operations are in danger of beingdestroyed, secreted, mislaid or otherwise made unavailable, the Superintendentmay seek a court order permitting the seizure of such records.

3. The Superintendent shall receive and maintain apermanent file of such records coming into his possession.

(Added to NRS by 1975, 1507; A 1979, 1627)

NRS 394.351 Unlawfulacts. It is unlawful for any person, alone orin concert with others, to:

1. Operate in this state an elementary or secondaryeducational institution not exempted from the provisions of the PrivateElementary and Secondary Education Authorization Act, unless the institutionhas a currently valid license to operate.

2. Offer, as or through an agent, enrollment orinstruction in, or educational credentials from, an elementary or secondaryeducational institution not exempted from the provisions of the PrivateElementary and Secondary Education Authorization Act, whether the institutionis within or outside this state, unless the agent is a natural person and has acurrently valid agents permit, except that the Board may adopt regulations topermit a person to disseminate legitimate public information without a permit.

3. Instruct or educate, or offer to instruct oreducate (including advertising or soliciting for such purpose), enroll or offerto enroll, or contract with any person for such purpose, or award anyeducational credential, or contract with any institution or party to performany such act in this state, whether the person is located within or outsidethis state, unless such person complies with the minimum standards set forth inNRS 394.241 and the regulations adoptedby the Board.

4. Use the terms kindergarten, elementary, middleschool, junior high school, high school or secondary withoutauthorization to do so from the Superintendent in accordance with regulationsof the Board.

5. Grant, or offer to grant, educational credentials,without a currently valid license to operate.

(Added to NRS by 1975, 1503; A 1979, 1627)

Use of Aversive Intervention, Physical Restraint andMechanical Restraint on Pupils With Disabilities

NRS 394.353 Definitions. As used in NRS 394.353to 394.378, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 394.354 to 394.365, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1999, 3242)

NRS 394.354 Aversiveintervention defined. Aversive interventionmeans any of the following actions if the action is used to punish a pupil witha disability or to eliminate, reduce or discourage maladaptive behavior of apupil with a disability:

1. The use of noxious odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of corporal punishment;

5. The use of verbal and mental abuse;

6. The use of electric shock;

7. The administration of chemical restraint to aperson;

8. The placement of a person alone in a room whererelease from the room is prohibited by a mechanism, including, withoutlimitation, a lock, device or object positioned to hold the door closed orotherwise prevent the person from leaving the room;

9. Requiring a person to perform exercise under forcedconditions if the:

(a) Person is required to perform exercise because heexhibited a behavior that is related to his disability;

(b) Exercise is harmful to the health of the personbecause of his disability; or

(c) Nature of the persons disability prevents him fromengaging in the exercise; or

10. The deprivation of necessities needed to sustainthe health of a person, regardless of the length of the deprivation, including,without limitation, the denial or unreasonable delay in the provision of:

(a) Food or liquid at a time when it is customarilyserved; or

(b) Medication.

(Added to NRS by 1999, 3243)

NRS 394.355 Chemicalrestraint defined. Chemical restraint meansthe administration of drugs for the specific and exclusive purpose ofcontrolling an acute or episodic aggressive behavior when alternativeintervention techniques have failed to limit or control the behavior. The termdoes not include the administration of drugs on a regular basis, as prescribedby a physician, to treat the symptoms of mental, physical, emotional or behavioraldisorders and for assisting a person in gaining self-control over his impulses.

(Added to NRS by 1999, 3243)

NRS 394.356 Corporalpunishment defined. Corporal punishmentmeans the intentional infliction of physical pain, including, withoutlimitation, hitting, pinching or striking.

(Added to NRS by 1999, 3243)

NRS 394.357 Electricshock defined. Electric shock means theapplication of electric current to a persons skin or body. The term does notinclude electroconvulsive therapy.

(Added to NRS by 1999, 3243)

NRS 394.358 Emergencydefined. Emergency means a situation inwhich immediate intervention is necessary to protect the physical safety of aperson or others from an immediate threat of physical injury or to protectagainst an immediate threat of severe property damage.

(Added to NRS by 1999, 3243)

NRS 394.359 Individualizededucation program team defined. Individualizededucation program team has the meaning ascribed to it in 20 U.S.C. 1414(d)(1)(B).

(Added to NRS by 1999, 3243)

NRS 394.362 Mechanicalrestraint defined. Mechanical restraintmeans the use of devices, including, without limitation, mittens, straps andrestraint chairs to limit a persons movement or hold a person immobile.

(Added to NRS by 1999, 3243)

NRS 394.363 Physicalrestraint defined. Physical restraint meansthe use of physical contact to limit a persons movement or hold a personimmobile.

(Added to NRS by 1999, 3244)

NRS 394.364 Pupilwith a disability defined. Pupil with adisability has the meaning ascribed to it in NRS388.440.

(Added to NRS by 1999, 3244)

NRS 394.365 Verbaland mental abuse defined. Verbal and mentalabuse means actions or utterances that are intended to cause and actuallycause severe emotional distress to a person.

(Added to NRS by 1999, 3244)

NRS 394.366 Aversiveintervention prohibited. A person employed bya private school or any other person shall not use any aversive intervention ona pupil with a disability.

(Added to NRS by 1999, 3244)

NRS 394.367 Physicalrestraint and mechanical restraint prohibited; exceptions. A person employed by a private school or any other personshall not:

1. Except as otherwise provided in NRS 394.368, use physical restraint on apupil with a disability.

2. Except as otherwise provided in NRS 394.369, use mechanical restraint on apupil with a disability.

(Added to NRS by 1999, 3244)

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

1. Except as otherwise provided in subsection 2,physical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use of physicalrestraint;

(b) The physical restraint is used only for the periodthat is necessary to contain the behavior of the pupil so that the pupil is nolonger an immediate threat of causing physical injury to himself or others orcausing severe property damage; and

(c) The use of force in the application of physicalrestraint does not exceed the force that is reasonable and necessary under thecircumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a pupil with adisability and the provisions of subsection 1 do not apply if the physicalrestraint is used to:

(a) Assist the pupil in completing a task or responseif the pupil does not resist the application of physical restraint or if hisresistance is minimal in intensity and duration;

(b) Escort or carry a pupil to safety if the pupil isin danger in his present location; or

(c) Conduct medical examinations or treatments on thepupil that are necessary.

3. If physical restraint is used on a pupil with adisability in an emergency, the use of the procedure must be reported in thepupils cumulative record not later than 1 working day after the procedure isused. A copy of the report must be provided to the Superintendent, theadministrator of the private school, the pupils individualized educationprogram team, if applicable, and the parent or guardian of the pupil. If theadministrator of the private school determines that a denial of the pupilsrights has occurred, the administrator shall submit a report to theSuperintendent in accordance with NRS394.378.

(Added to NRS by 1999, 3244)

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

1. Except as otherwise provided in subsection 2,mechanical restraint may be used on a pupil with a disability only if:

(a) An emergency exists that necessitates the use ofmechanical restraint;

(b) A medical order authorizing the use of mechanicalrestraint is obtained from the pupils treating physician before theapplication of the mechanical restraint or not later than 15 minutes after theapplication of the mechanical restraint;

(c) The physician who signed the order requiredpursuant to paragraph (b) or the attending physician examines the pupil as soonas practicable after the application of the mechanical restraint;

(d) The mechanical restraint is applied by a member ofthe staff of the private school who is trained and qualified to applymechanical restraint;

(e) The pupil is given the opportunity to move andexercise the parts of his body that are restrained at least 10 minutes perevery 60 minutes of restraint, unless otherwise prescribed by the physician whosigned the order;

(f) A member of the staff of the private school lessensor discontinues the restraint every 15 minutes to determine whether the pupilwill stop or control his inappropriate behavior without the use of the restraint;

(g) The record of the pupil contains a notation thatincludes the time of day that the restraint was lessened or discontinuedpursuant to paragraph (f), the response of the pupil and the response of themember of the staff of the private school who applied the mechanical restraint;

(h) A member of the staff of the private schoolcontinuously monitors the pupil during the time that mechanical restraint isused on the pupil; and

(i) The mechanical restraint is used only for theperiod that is necessary to contain the behavior of the pupil so that the pupilis no longer an immediate threat of causing physical injury to himself orothers or causing severe property damage.

2. Mechanical restraint may be used on a pupil with adisability and the provisions of subsection 1 do not apply if the mechanicalrestraint is used to:

(a) Treat the medical needs of the pupil;

(b) Protect a pupil who is known to be at risk ofinjury to himself because he lacks coordination or suffers from frequent lossof consciousness;

(c) Provide proper body alignment to a pupil; or

(d) Position a pupil who has physical disabilities in amanner prescribed in the pupils service plan developed pursuant to 34 C.F.R. 300.455 or the pupils individualized education program, whichever isappropriate.

3. If mechanical restraint is used on a pupil with adisability in an emergency, the use of the procedure must be reported in thepupils cumulative record not later than 1 working day after the procedure isused. A copy of the report must be provided to the Superintendent, theadministrator of the private school, the pupils individualized educationprogram team, if applicable, and the parent or guardian of the pupil. If theadministrator of the private school determines that a denial of the pupilsrights has occurred, the administrator shall submit a report to theSuperintendent in accordance with NRS394.378.

4. As used in this section, individualized education programhas the meaning ascribed to it in 20 U.S.C. 1414(d)(1)(A).

(Added to NRS by 1999, 3244)

NRS 394.372 Educationand training for staff.

1. If a private school provides instruction to pupilswith disabilities, the school shall develop a program of education for themembers of the staff of the school who provide services to pupils withdisabilities. The program of education must provide instruction in positive behavioralinterventions and positive behavioral supports that:

(a) Includes positive methods to modify the environmentof pupils with disabilities to promote adaptive behavior and reduce theoccurrence of inappropriate behavior;

(b) Includes methods to teach skills to pupils withdisabilities so that the pupils can replace inappropriate behavior withadaptive behavior;

(c) Includes methods to enhance the independence andquality of life for pupils with disabilities;

(d) Includes the use of the least intrusive methods torespond to and reinforce the behavior of pupils with disabilities; and

(e) Offers a process for designing interventions basedupon the pupil that are focused on promoting appropriate changes in behavior aswell as enhancing the overall quality of life for the pupil.

2. If a private school provides instruction to pupilswith disabilities, the school shall provide appropriate training for themembers of the staff of the school who are authorized to carry out and monitorphysical restraint and mechanical restraint to ensure that those members of thestaff are qualified to carry out the procedures in accordance with NRS 394.353 to 394.378, inclusive.

(Added to NRS by 1999, 3246)

NRS 394.375 Disciplinaryaction against person for intentional violation. Inaddition to any penalty prescribed by specific statute, a person whointentionally uses aversive intervention on a pupil with a disability orintentionally violates NRS 394.367, issubject to appropriate disciplinary action by the private school that employshim.

(Added to NRS by 1999, 3246)

NRS 394.376 Reportof violation; corrective plan required.

1. A private school where a violation of NRS 394.353 to 394.378, inclusive, occurs shall report theviolation to the Superintendent not later than 24 hours after the violationoccurred, or as soon thereafter as the violation is discovered.

2. The private school where a violation occurred shalldevelop, in cooperation with the Superintendent, a corrective plan to ensurethat within 30 calendar days after the violation occurred, appropriate actionis taken by the private school to prevent future violations.

3. The Superintendent shall submit the plan to theDepartment. The Department shall review the plan to ensure that it complieswith applicable federal law and the statutes and regulations of this state. TheDepartment may require appropriate revision of the plan to ensure compliance.

(Added to NRS by 1999, 3246)

NRS 394.377 Retaliationfor reporting violation prohibited. Anofficer, administrator or employee of a private school shall not retaliateagainst any person for having:

1. Reported a violation of NRS 394.353 to 394.378, inclusive; or

2. Provided information regarding a violation of NRS 394.353 to 394.378, inclusive,

by a privateschool or a member of the staff of the private school.

(Added to NRS by 1999, 3246)

NRS 394.378 Reportingof denial of rights; investigation and resolution of disputes bySuperintendent.

1. A denial of rights of a pupil with a disabilitypursuant to NRS 394.353 to 394.378, inclusive, must be entered in thepupils cumulative record. Notice of the denial must be provided to theadministrator of the private school.

2. If the administrator of a private school receivesnotice of a denial of rights pursuant to subsection 1, he shall cause a fullreport to be prepared which must set forth in detail the factual circumstancessurrounding the denial. A copy of the report must be provided to theSuperintendent.

3. The Superintendent:

(a) Shall receive reports made pursuant to subsection2;

(b) May investigate apparent violations of the rightsof pupils with disabilities; and

(c) May act to resolve disputes relating to apparentviolations.

(Added to NRS by 1999, 3246)

PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTIONS

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

1. The Commission on Postsecondary Education,consisting of seven members appointed by the Governor, is hereby created.

2. The members of the Commission are entitled toreceive a salary of not more than $80, as fixed by the Commission, for eachdays attendance at a meeting of the Commission.

3. While engaged in the business of the Commission,each member and employee of the Commission is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.

(Added to NRS by 1975, 1508; A 1977, 1215; 1979, 700;1981, 1982; 1985, 419; 1989, 1714)

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

1. The Governor shall appoint:

(a) One member who is a representative of the StateBoard of Education.

(b) Two members who are knowledgeable in the field ofeducation, but not persons representing postsecondary educational institutions,or colleges established or maintained under the laws of this state.

(c) Two members who are representatives of privatepostsecondary educational institutions.

(d) Two members who are representatives of the generalpublic and are not associated with the field of education.

2. The Commission shall designate a Chairman. TheAdministrator is the Executive Secretary. The Commission may meet regularly atleast four times each year at such places and times as may be specified by acall of the Chairman or majority of the Commission. The Commission shallprescribe regulations for its own management. Four members of the Commissionconstitute a quorum which may exercise all the authority conferred upon theCommission.

3. Any Commissioner may be removed by the Governor if,in his opinion, the Commissioner is guilty of malfeasance in office or neglectof duty.

(Added to NRS by 1975, 1508; A 1977, 1214; 1983,1441)

NRS 394.411 Regulationsof Commission; administration by Administrator.

1. The Commission shall adopt regulations governingthe administration of NRS 394.383 to 394.560, inclusive, and may adopt suchother regulations as are proper or necessary for the execution of the powersand duties conferred upon it by law.

2. The Administrator shall execute, direct orsupervise all administrative, technical and procedural activities for which heis responsible in accordance with the policies and regulations of theCommission and subject to the Commissions direction and control.

(Added to NRS by 1975, 1508; A 1979, 1628; 1985, 992;1995, 324; 1997, 2053)

NRS 394.415 Licensingof postsecondary educational institution. TheCommission is the sole authority for licensing a postsecondary educationalinstitution. Any person who operates or claims to operate such an institutionmust be licensed by the Commission. The Administrator may require any personwho operates or claims to operate such an institution to furnish informationwhich will allow the Commission to determine whether a license is required.

(Added to NRS by 1985, 987)

NRS 394.421 Powersand duties of Commission.

1. The Commission shall:

(a) Establish minimum criteria including quality ofeducation, ethical and business practices, health and safety, and fiscal responsibility,which applicants for a license to operate, or for an agents permit, must meetbefore the license or permit may be issued and to continue the license orpermit in effect. The criteria must not unreasonably hinder legitimateeducational innovation.

(b) Adopt regulations concerning the content of theagreement to enroll.

2. The Commission may:

(a) Issue, suspend or revoke a license, or aprovisional license;

(b) Authorize a postsecondary educational institutionto offer a degree in a specific subject; and

(c) Authorize a postsecondary educational institutionto add vocational programs or degrees in specific subjects to its curriculum.

(Added to NRS by 1975, 1508; A 1977, 67; 1979, 1629;1985, 993)

NRS 394.430 Powersand duties of Administrator.

1. The Administrator shall:

(a) Receive and investigate applications for a licenseand applications to add a new vocational program or a new degree.

(b) Receive, investigate and act upon:

(1) Applications for an agents permit, renewalof a license or agents permit or authorization for the employment of agents;and

(2) Changes in ownership or requirements for adegree.

(c) Recommend to the Commission whether licensing isrequired.

2. The Administrator may:

(a) With the approval of the Commission, negotiate andenter into interstate reciprocity agreements with similar agencies in otherstates, if in his judgment the agreements are or will be helpful ineffectuating the purposes of NRS 394.383to 394.560, inclusive. Nothing containedin any reciprocity agreement may limit the powers, duties and responsibilitiesof the Administrator independently to investigate or act upon any applicationfor a license to operate a postsecondary educational institution, or anapplication for issuance or renewal of any agents permit, or with respect tothe enforcement of any provision of this chapter, or any regulation promulgatedpursuant to it.

(b) Investigate, on his own initiative or in responseto any complaint lodged with him, any person subject to, or reasonably believedby the Administrator to be subject to, the Commissions jurisdiction. During aninvestigation he may:

(1) Subpoena any persons, books, records ordocuments pertaining to the investigation;

(2) Require answers in writing under oath toquestions prepared by him or the Commission; and

(3) Administer an oath or affirmation to anyperson.

A subpoenaissued by the Administrator may be enforced by any district court of thisstate.

(c) Exercise other powers implied but not enumerated inthis section that are necessary in order to carry out his duties.

(Added to NRS by 1975, 1509; A 1979, 1629; 1985, 993;1989, 1458)

NRS 394.440 Informationand expert witnesses to be provided by other state agencies; consultation withexperts outside State Government.

1. The Administrator may request from any department,division, board, bureau, commission or other agency of the State, and thelatter agency shall provide at no cost, any information which it possesses orexpert witnesses whom it employs that will enable him to exercise properly hispowers and perform his duties. If the witness or information is requested toaid the Commission in deciding whether to issue or renew a license or to allowa postsecondary educational institution to add new programs or degrees, theAdministrator may require the institution making the application to pay to thewitness the per diem allowance and travel expenses allowed for state officersand employees generally.

2. If no agency of the State possesses the informationor expert knowledge which the Commission finds is necessary to a determinationof whether an applicant for the issuance or renewal of a license has compliedwith the minimum standards prescribed by the Commission pursuant to law, theCommission may consult with persons outside State Government who have therequisite expert knowledge, and may require that the necessary cost of suchconsultation be paid by the institution whose application is underconsideration.

(Added to NRS by 1975, 1510; A 1979, 699, 1630; 1985,994)

NRS 394.441 Informationprovided 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. Apostsecondary educational institution shall:

1. Provide students and other interested persons witha catalog or brochure containing information describing the programs offered,objectives of the program, length of the program, schedule of tuition, fees andall other charges and expenses necessary for completion of the course of study,policies concerning cancellations and refunds, an explanation of the Accountfor Student Indemnification and other material facts concerning the institutionand the program or course of instruction that are likely to affect the decisionof the student to enroll therein, together with any other disclosures specifiedby the Administrator or defined in the regulations of the Commission. Theinformation must be provided before enrollment.

2. Provide each student who satisfactorily completesthe training with appropriate educational credentials indicating:

(a) That the course of instruction or study has beensatisfactorily completed by the student; and

(b) If the training does not lead to a degree, thenumber of hours of instruction or credits required of the student to completethe training.

3. Unless otherwise authorized by the Commission,maintain adequate records at the licensed facility to reflect the attendance,progress and performance of each student at the facility.

4. Provide each student with a copy of the agreementto enroll, dated and signed by the student or his guardian and an officer ofthe institution.

5. For each program offered at the institution thatdoes not lead to a degree, collect and maintain information concerning:

(a) The number of students enrolled in the program andthe number and names of students who have obtained employment in relatedfields, with their locations of placement;

(b) The number of:

(1) Students enrolled in the program;

(2) Students who have graduated from theprogram; and

(3) Graduates who have obtained employment infields related to the instruction offered in the program, with the averagecompensation of such graduates; or

(c) For each such program offered to prepare studentsfor a licensing examination:

(1) The number of students enrolled in theprogram;

(2) The number of such students who havegraduated from the program; and

(3) The number of such graduates who have passedthe examination.

6. Select, from the information collected pursuant tosubsection 5, the information relating to any 6-month period within the18-month period preceding its next date for enrollment. The information for theperiod selected must be set forth in written form and posted conspicuously atthe institution.

(Added to NRS by 1985, 989; A 1989, 1459; 1995, 324)

NRS 394.443 Procedurefor grievances; receipt for payment by student; annual report to Commission. A postsecondary educational institution shall:

1. Post in a conspicuous place a notice supplied bythe Administrator stating that grievances may be submitted to the Administratorfor resolution.

2. Issue a receipt to all students, and retain a copy,for all money paid to the institution.

3. Submit an annual report to the Commission on formsit supplies. The report must include, without limitation, the annual incomereceived by the institution from tuition.

(Added to NRS by 1985, 989; A 1997, 1412)

NRS 394.445 Financialcondition; false or misleading advertising prohibited; employment of personnel. A postsecondary educational institution:

1. Must be financially sound and capable of fulfillingits commitments to students.

2. Shall not engage in advertising, sales, collection,credit or other practices of any type which are false, deceptive, misleading orunfair.

3. Shall employ persons of good reputation andcharacter.

(Added to NRS by 1985, 989)

NRS 394.447 Accreditationas evidence of compliance with minimum standards. Accreditationmay be accepted as evidence of compliance with the minimum standardsestablished by the Commission, or the Administrator may require furtherevidence and make further investigation as in his judgment or the judgment ofthe Commission are necessary. Accreditation may be accepted as evidence ofcompliance only as to the portion or program of an institution accredited bythe agency if the institution as a whole is not accredited. Upon request by theAdministrator, the institution shall submit copies of all written materials inits possession relating to its accreditation. The Administrator shall keep thematerials confidential.

(Added to NRS by 1985, 989; A 1989, 1460)

NRS 394.449 Requirementsof policy for refunds by institutions.

1. Each postsecondary educational institution shallhave a policy for refunds which at least provides:

(a) That if the institution has substantially failed tofurnish the training program agreed upon in the enrollment agreement, theinstitution shall refund to a student all the money he has paid.

(b) That if a student cancels his enrollment before thestart of the training program, the institution shall refund to the student allthe money he has paid, minus 10 percent of the tuition agreed upon in theenrollment agreement or $100, whichever is less.

(c) That if a student withdraws or is expelled by theinstitution after the start of the training program and before the completionof more than 60 percent of the program, the institution shall refund to thestudent a pro rata amount of the tuition agreed upon in the enrollmentagreement, minus 10 percent of the tuition agreed upon in the enrollmentagreement or $100, whichever is less.

(d) That if a student withdraws or is expelled by theinstitution after completion of more than 60 percent of the training program,the institution is not required to refund the student any money and may chargethe student the entire cost of the tuition agreed upon in the enrollmentagreement.

2. If a refund is owed pursuant to subsection 1, theinstitution shall pay the refund to the person or entity who paid the tuitionwithin 15 calendar days after the:

(a) Date of cancellation by a student of hisenrollment;

(b) Date of termination by the institution of theenrollment of a student;

(c) Last day of an authorized leave of absence if astudent fails to return after the period of authorized absence; or

(d) Last day of attendance of a student,

whichever isapplicable.

3. Books, educational supplies or equipment forindividual use are not included in the policy for refund required by subsection1, and a separate refund must be paid by the institution to the student ifthose items were not used by the student. Disputes must be resolved by theAdministrator for refunds required by this subsection on a case-by-case basis.

4. For the purposes of this section:

(a) The period of a students attendance must bemeasured from the first day of instruction as set forth in the enrollmentagreement through the students last day of actual attendance, regardless ofabsences.

(b) The period of time for a training program is theperiod set forth in the enrollment agreement.

(c) Tuition must be calculated using the tuition andfees set forth in the enrollment agreement and does not include books,educational supplies or equipment that is listed separately from the tuitionand fees.

(Added to NRS by 1985, 989; A 1989, 1460; 1995, 325; 2005, 635)

NRS 394.4493 Policyfor cancellations and refunds of accredited institution: Requirements. Repealed. (See chapter 197, Statutes of Nevada 2005,at page 638.)

 

NRS 394.450 Qualityand content of courses and programs; adequate facilities, materials andpersonnel; compliance with ordinances and laws; adequate housing for students. A postsecondary educational institution shall ensure that:

1. The quality and content of each vocational oracademic course or program of instruction, training or study reasonably andadequately achieve the stated objective for which the course or program isoffered.

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

3. The education and experience of directors,administrators, supervisors and instructors reasonably provide the studentswith an education consistent with the objectives of the course or program ofstudy.

4. The institution is maintained and operated incompliance with all pertinent local ordinances and state laws, includingregulations adopted pursuant thereto, relative to the safety and health of allpersons upon the premises.

5. The housing, if any, owned, maintained or approvedby the institution for its students is appropriate, safe and adequate.

(Added to NRS by 1975, 1510; A 1979, 1630; 1985, 994)

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

1. The Commission shall not issue a license to operatean unaccredited institution which grants degrees until the institution has beenevaluated by the Commission. Each existing or new institution must be evaluatedat least once, but the Commission may require subsequent evaluations.

2. The Chairman of the Commission shall appoint apanel of evaluators for each institution composed of representatives ofinstitutions or businesses that are directly affected by the program andpersons who significantly contribute to the evaluation because of specialknowledge. The Administrator shall accompany the panel as an observer.

3. One hundred and twenty days before the meeting ofthe Commission at which the issuance or renewal of a license will beconsidered, the panel of evaluators shall present to the Administrator and tothe institution a report specifying the extent to which the institution meetsthe standards established by the Commission, and recommending:

(a) Issuance or renewal of the license with noqualifications;

(b) Issuance of a provisional license; or

(c) Revocation of the license.

4. The institutions response to the report must bereceived in the office of the Administrator no later than 90 days before themeeting at which the license will be considered.

5. If the institutions response shows progress towardmeeting the standards, or if the response furnishes information which indicatesthat the standards are being adhered to, the representatives of the panel ofevaluators shall review the institution again to verify the response andincorporate it into their report. The panel of evaluators shall make a finalreport to the Administrator no later than 45 days before the meeting at whichthe license will be considered.

6. The Administrator may recommend that the Commissionaccept the evaluation or that it reject the report. If the Commission rejectsthe panels recommendation, it shall record the specific reason for doing so inits minutes.

(Added to NRS by 1985, 988; A 1989, 1462)

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

1. Each person required to be licensed as apostsecondary educational institution by the Commission or each postsecondaryeducational institution requesting to add a new program or degree or to renew alicense must apply to the Administrator, upon forms provided by him. Theapplication must be accompanied by the required fees. The institutionscurriculum and financial statement are confidential unless, in the opinion ofthe Commission, they militate against the issuance of a license.

2. After review of the application, any otherinformation required by the Administrator and the report of the panel ofevaluators, and an investigation of the applicant if necessary, the Commissionshall grant or deny a license or grant a provisional license for a termspecified by the Commission. Before the expiration of a provisional license,the Administrator shall inspect the institution, or the Commission may requirethe appointment of a panel of evaluators to inspect the institution, andrecommend whether to revoke or continue the provisional license or to grant anunqualified license. The Commission may accept or reject the recommendation.

3. The license must state at least the followinginformation:

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

(b) The correct name, address and owner of theinstitution.

(c) The approved degrees or occupational subjects.

(d) Any limitation considered necessary by theCommission.

4. The term for which a license is given must notexceed 2 years. The license must be posted in a conspicuous place.

5. The license must be issued to the owner orgoverning body of the institution and is nontransferable. If a change inownership of the institution occurs, the owner to whom the license was issuedshall inform the Administrator, and the new owner or governing body must,within 10 days after the change in ownership, apply for an approval of thechange of ownership. If it fails to do so, the license terminates.

6. Within 10 days after a change of location or anaddition of buildings or other facilities, the institution must file a noticeof the change with the Administrator.

7. At least 60 days before the expiration of alicense, the institution must complete and file with the Administrator anapplication for renewal of its license.

(Added to NRS by 1975, 1511; A 1977, 126; 1979, 1631;1985, 996; 1989, 1462)

NRS 394.463 Paymentby institution of subsistence and travel for inspections and certain meetingsof Commission; claims.

1. The institution shall pay the per diem allowanceand travel expenses allowed for state officers and employees generally, to themembers of the panel of evaluators, the Administrator and employees of theCommission during their inspections of the institution and to the member of thepanel who attends the meeting of the Commission at which the license isdiscussed. The institution shall also pay the cost of preparing and printingthe report of the panel.

2. Each claim for reimbursement of these expenses mustbe submitted to the Administrator within 30 days after they are incurred. TheAdministrator shall verify the claim and forward it to the institution. Within30 days after its receipt, the institution shall issue a negotiable instrumentwhich is payable to the claimant and send it to the Administrator, who shallsend it to the claimant.

(Added to NRS by 1985, 988)

NRS 394.465 Investigationof certain applicants for employment with postsecondary educationalinstitution; confidentiality of results; exception to requirements for certainapplicants.

1. Except as otherwise provided in subsection 4,before a postsecondary educational institution employs or contracts with aperson:

(a) To occupy an instructional position;

(b) To occupy an administrative or financial position,including a position as school director, personnel officer, counselor,admission representative, solicitor, canvasser, surveyor, financial aid officeror any similar position; or

(c) To act as an agent for the institution,

theapplicant must submit to the Administrator completed fingerprint cards and aform authorizing an investigation of the applicants background and thesubmission of a complete set of his fingerprints to the Central Repository forNevada Records of Criminal History for its report and for submission to theFederal Bureau of Investigation for its report. The fingerprint cards andauthorization form submitted must be those which are provided to the applicantby the Administrator. The applicants fingerprints must be taken by an agencyof law enforcement.

2. The Administrator shall keep the results of theinvestigation confidential.

3. The applicant shall pay the cost of theinvestigation.

4. An applicant is not required to satisfy therequirements of subsection 1 if he:

(a) Is licensed by the Superintendent of PublicInstruction;

(b) Is an employee of the United States Department ofDefense;

(c) Is a member of the faculty of an accreditedpostsecondary educational institution in another state who is domiciled in astate other than Nevada and is present in Nevada for a temporary period toteach at a branch of that accredited institution; or

(d) Has satisfied the requirements of subsection 1within the immediately preceding 5 years.

(Added to NRS by 1985, 987; A 1987, 409, 1013, 1441;1989, 1463; 1997, 3228; 2003, 2850)

NRS 394.470 Agentspermit: Requirements for issuance and renewal; term. [Effective until the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. Each person desiring to solicit or perform theservices of an agent in this state must apply to the Administrator upon formsprovided by the Administrator. The application must:

(a) Be accompanied by evidence of the good reputationand character of the applicant;

(b) Be in a form prescribed by the Administrator;

(c) Include a copy of the application for aninvestigation of the applicants background by the sheriff;

(d) Include the social security number of theapplicant; and

(e) State the name of the institution the applicantintends to represent.

2. An agent representing more than one institutionmust obtain a separate agents permit for each institution represented, exceptthat if an agent represents institutions having a common ownership, only oneagents permit is required with respect to the institutions.

3. If any institution the applicant intends torepresent does not have a license to operate in this state, the applicationmust be accompanied by:

(a) The information required from institutions applyingfor a license;

(b) Evidence that the institution meets the criteriaestablished for licensed institutions;

(c) Evidence of compliance with NRS 394.480 and the payment of the fees requiredby law; and

(d) Evidence that the institution is accredited.

4. After a review of the application and otherinformation submitted by the applicant, as required by regulation of theCommission, and any investigation of the applicant the Administrator considersappropriate, the Administrator shall grant or deny an agents permit to theapplicant.

5. The agents permit must state in a clear andconspicuous manner at least the following information:

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

(b) The correct name and address of the agent.

(c) The names of the institutions the agent isauthorized to represent.

6. An agents permit must not be issued for a term ofmore than 1 year.

7. At least 30 days before the expiration of anagents permit, the agent must complete and file with the Administrator anapplication for renewal of the permit. The Administrator shall review and actupon the renewal application as provided in this section for an originalapplication.

(Added to NRS by 1975, 1512; A 1979, 1632; 1985, 997;1989, 1464; 1993, 2255; 1997, 2053)

NRS 394.470 Agents permit: Requirements forissuance and renewal; term. [Effective on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. Each person desiring to solicit or perform theservices of an agent in this state must apply to the Administrator upon formsprovided by the Administrator. The application must:

(a) Be accompanied by evidence of the good reputationand character of the applicant;

(b) Be in a form prescribed by the Administrator;

(c) Include a copy of the application for aninvestigation of the applicants background by the sheriff; and

(d) State the name of the institution the applicantintends to represent.

2. An agent representing more than one institutionmust obtain a separate agents permit for each institution represented, exceptthat if an agent represents institutions having a common ownership, only oneagents permit is required with respect to the institutions.

3. If any institution the applicant intends torepresent does not have a license to operate in this state, the applicationmust be accompanied by:

(a) The information required of institutions applyingfor a license;

(b) Evidence that the institution meets the criteriaestablished for licensed institutions;

(c) Evidence of compliance with NRS 394.480 and the payment of the fees requiredby law; and

(d) Evidence that the institution is accredited.

4. After review of the application and otherinformation submitted by the applicant, as required by regulation of theCommission, and any investigation of the applicant the Administrator considersappropriate, the Administrator shall grant or deny an agents permit to theapplicant.

5. The agents permit must state in a clear andconspicuous manner at least the following information:

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

(b) The correct name and address of the agent.

(c) The names of the institutions the agent isauthorized to represent.

6. An agents permit must not be issued for a term ofmore than 1 year.

7. At least 30 days before the expiration of an agentspermit, the agent must complete and file with the Administrator an applicationfor renewal of the permit. The Administrator shall review and act upon therenewal application as provided in this section for an original application.

(Added to NRS by 1975, 1512; A 1979, 1632; 1985, 997;1989, 1464; 1993, 2255; 1997, 2053, effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings)

NRS 394.473 Additionalrequirements for issuance and renewal of agents permit: Statement regardingobligation of child support; grounds for denial of permit; duty ofAdministrator. [Expires by limitation on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. An applicant for the issuance or renewal of anagents permit shall submit to the Administrator the statement prescribed bythe Division of Welfare and Supportive Services of the Department of Health andHuman Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

2. The Administrator shall include the statementrequired pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the agents permit; or

(b) A separate form prescribed by the Administrator.

3. An agents permit may not be issued or renewed bythe Administrator if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Administrator shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added to NRS by 1997, 2051)

NRS 394.475 Authorizationby Administrator for employment of agents by postsecondary educationalinstitution. Before a postsecondaryeducational institution employs agents or contracts with persons to act as agentsfor the institution, it must apply for and receive from the Administratorauthorization for the employment of agents.

(Added to NRS by 1989, 1458)

NRS 394.480 Suretybond required of certain institutions; Commission authorized to requireadditional bond; release of surety on bond; suspension of agents permit ifinstitution not covered by bond.

1. Notwithstanding the provisions of NRS 100.065 to the contrary, each:

(a) Postsecondary educational institution initiallylicensed on or after July 1, 1995, shall file with the Administrator a suretybond in the amount of $10,000 or in a greater amount determined by theCommission for the period of the initial license to operate, including anyprovisional period.

(b) Postsecondary educational institution or otherentity which is authorized to employ one or more agents in this State shallfile with the Administrator a surety bond in the amount of $10,000 or in agreater amount determined by the Commission for the period of the agentspermit.

(c) Postsecondary educational institution that poses afinancial risk to the students who are enrolled in the institution, asdetermined by the Commission, shall file with the Administrator a surety bondin the amount of $10,000 or in a greater amount determined by the Commissionfor a period that the Commission determines is appropriate.

(d) Postsecondary educational institution that filesfor a change of ownership shall file with the Administrator a surety bond inthe amount of $10,000 or in a greater amount determined by the Commission forthe period of the initial license to operate issued to the new owner, includingany provisional period.

(e) Postsecondary educational institution may berequired by the Commission to file a new or supplementary bond in an amount andfor a period determined appropriate by the Commission if the Commissiondetermines that the current bond filed by the institution is insufficient tocover all claims, accrued or contingent, against the institution.

2. The bond required of a postsecondary educationalinstitution pursuant to subsection 1 must be executed by the entity that ownsthe institution as principal, by a surety company as surety and by a licensedinsurance agent residing in this State. The bond must be payable to the Stateof Nevada and must be conditioned to provide indemnification to any student,enrollee or his parent or guardian determined by the Commission to havesuffered damage as a result of any act by the postsecondary educationalinstitution that is a violation of NRS394.383 to 394.560, inclusive. Thebonding company shall provide indemnification upon receipt of written notice ofthe determination by the Commission. The bond may be continuous, but regardlessof the duration of the bond the aggregate liability of the surety does notexceed the penal sum of the bond.

3. A surety on any bond filed pursuant to this sectionmay be released after the surety gives 30 days written notice to theAdministrator, but the release does not discharge or otherwise affect any claimfiled by a student, enrollee or his parent or guardian for damage resultingfrom any act of the postsecondary educational institution or agent alleged tohave occurred while the bond was in effect, or for an institutions ceasingoperations during the term for which tuition had been paid while the bond wasin force.

4. A license or an agents permit is suspended byoperation of law when the institution or agent is no longer covered by a suretybond as required by this section. The Administrator shall give the institutionor agent, or both, at least 20 days written notice before the release of thesurety, to the effect that the license or permit will be suspended by operationof law until another surety bond is filed in the same manner and amount as thebond being terminated.

5. If any student is entitled to a refund from aninstitution pursuant to any provision of NRS394.383 to 394.560, inclusive, thesurety shall provide indemnification.

(Added to NRS by 1975, 1514; A 1979, 1633; 1985, 998;1989, 1464; 1995, 327; 1997, 1412; 2001, 546; 2005, 637)

NRS 394.490 Denialof license, permit or authorization: Notice; extension of time to correctdeficiencies.

1. If the Commission, upon review and consideration ofa person required to be licensed or of an application for a license to operate,or the Administrator, upon review and consideration of an application for anagents permit, for renewal of a license or agents permit or for authorizationto employ agents, determines that the applicant fails to meet the criteria forgranting the application, the Administrator shall notify the applicant bycertified mail, setting forth the reasons for the denial of the application.

2. The Administrator may grant to an applicant forrenewal an extension of time to eliminate the reasons recited in the denialletter if:

(a) The applicant has demonstrated his desire to meetthe criteria; and

(b) The Administrator reasonably believes that theapplicant can correct the deficiencies within the extension period.

3. If the Administrator denies an application for anagents permit, or an application for renewal, he shall notify the institutionthe agent represented or sought to represent, setting forth the reasons for thedenial.

(Added to NRS by 1975, 1513; A 1979, 1634; 1989,1465)

NRS 394.500 Denialof permit or authorization: Hearing. Anyperson aggrieved by the denial of an agents permit or by the denial ofauthorization to employ agents is entitled to a hearing before the Commission,if he submits a written request for a hearing within 15 days after the letterof denial is mailed to his last known address. If no request is submittedwithin the prescribed period the denial is final.

(Added to NRS by 1975, 1513; A 1977, 68; 1979, 1634;1985, 998; 1989, 1465)

NRS 394.510 Revocationof or conditions on license or permit: Grounds; notification; cessation ofoperations; administrative fine.

1. The Commission may impose an administrative fine ofnot more than $10,000 against a licensee, revoke a license, or make a licenseconditional after its issuance, if the Commission reasonably believes that theholder has violated the provisions of NRS394.383 to 394.560, inclusive, orregulations adopted pursuant to those sections, or has failed to comply with alawful order of the Commission. The Administrator shall notify the institutionof the reasons for the action by certified mail to its last known address, 20days before the meeting of the Commission at which the action will beconsidered.

2. If the Commission revokes a license, theinstitution shall cease its operations and granting degrees and shall refund toeach enrolled student the cost of his current course or program.

3. The Administrator may impose an administrative fineof not more than $10,000 against an institution or agent, revoke an agentspermit, or make a permit conditional after its issuance, if he reasonablybelieves that the holder has violated the provisions of NRS 394.383 to 394.560, inclusive, or regulations adoptedpursuant thereto. Before action is taken, the Administrator shall notify theholder by certified mail of facts or conduct that warrant the impending actionand advise the holder that if a hearing is desired it must be requested within10 days after receipt of the notice letter. If no hearing is requested withinthe prescribed period the action becomes final.

4. If an agent is fined or his permit is revoked orconditions imposed, the Administrator shall notify, by certified mail, theinstitution the agent represented in addition to the agent and any otherparties to any hearing.

(Added to NRS by 1975, 1513; A 1977, 68; 1979, 1634;1985, 999; 1989, 1466; 1995, 328)

NRS 394.515 Mandatorysuspension of agents permit for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of permit. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If the Administrator receives a copy of a courtorder issued pursuant to NRS 425.540that provides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of anagents permit, the Administrator shall deem the permit issued to that personto be suspended at the end of the 30th day after the date on which the courtorder was issued unless the Administrator receives a letter issued to theholder of the permit by the district attorney or other public agency pursuantto NRS 425.550 stating that the holderof the permit has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Administrator shall reinstate an agents permitthat has been suspended by a district court pursuant to NRS 425.540 if the Administrator receives aletter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose permit wassuspended stating that the person whose permit was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2052)

NRS 394.520 Complaintof violation: Procedure; hearing; remedies.

1. Until 1 year after the last date of attendance ordate on which the damage occurred, whichever is later, a person claiming damageas a result of any act by a postsecondary educational institution or its agent,or both, that is a violation of NRS 394.383to 394.560, inclusive, or regulationsadopted pursuant thereto, may file with the Administrator a verified complaintagainst the institution, its agent, or both. The complaint must set forth thealleged violation and contain other information as required by regulations ofthe Commission. A complaint may also be filed by a Commissioner or the AttorneyGeneral or initiated by the Administrator.

2. The Administrator shall investigate any verifiedcomplaint and may, at his discretion, attempt to effectuate a settlement byarbitration, mediation or negotiation. The Administrator may also consult withthe applicable accrediting body to resolve the complaint. If a settlement cannotbe reached, the Administrator shall render a decision and notify each party ofthe decision and the reasons for it by certified mail to his last knownaddress. Either party may request a hearing before the Commission by notifyingthe Administrator by certified mail within 15 days after the decision wasmailed to him. The hearing must be held at the next meeting of the Commissionin the geographical area convenient to the parties. If a hearing is notrequested, the decision of the Administrator is final.

3. If, after consideration of all the evidencepresented at a hearing, the Commission finds that a postsecondary educationalinstitution or its agent, or both, are guilty of the violation alleged in thecomplaint, it shall issue and the Administrator shall serve upon theinstitution or agent, or both, an order to cease and desist from the violation.If the Commission finds the institution has substantially failed to furnish theinstruction or services agreed upon in the agreement to enroll, it shall orderthe institution to make full restitution to the student of all money paidpursuant to the agreement. If the Commission finds that the institution hassubstantially furnished the instruction or services agreed upon in theagreement to enroll, but that conditions in the school were sufficientlysubstandard that it was not reasonable to expect the student to complete theinstruction, the Commission shall order the institution to make restitution tothe student of one-half the money paid pursuant to the agreement. TheCommission may also, as appropriate, based on the Administrators investigationand the evidence adduced at the hearing, or either of them, instituteproceedings to revoke an institutions license or recommend that theAdministrator institute proceedings to revoke an agents permit.

(Added to NRS by 1975, 1514; A 1979, 1635; 1985, 999;1989, 1466; 1995, 328)

NRS 394.530 Postponementof effective date of action pending review. Ifthe Commission or the Administrator determines that irreparable injury wouldresult from putting into immediate effect a final action or penalty, theCommission or Administrator, as appropriate, shall postpone the effective dateof the action pending review.

(Added to NRS by 1975, 1514; A 1977, 68; 1979, 1635;1985, 1000)

NRS 394.540 Fees.

1. The fees imposed pursuant to this section must becollected by the Administrator and deposited in the State Treasury to thecredit of the State General Fund, and no fees so collected are subject torefund.

2. The fees are:

(a) For a newlicense................................................................................................. $1,500

(b)For an application by an unlicensed out-of-state educational institution toemploy agents in this state 1,000

(c) For a change ofownership...................................................................................... 750

(d) To add a newdegree or vocational program........................................................ 500

(e) For an initialagents permit..................................................................................... 200

(f) For the renewalof an agents permit...................................................................... 100

(g)For a transcript of an academic record which is in the possession of theAdministrator pursuant to NRS 394.550 5

3. In addition, the Administrator shall collect fromeach licensed postsecondary educational institution a fee of $4 for eachstudent from which the institution has received tuition or registration fees.The institution shall collect this fee from each such student at the time ofthe students initial enrollment with the institution. On or before the firstday of January, April, July and October, the institution shall transmit to theAdministrator the fees collected pursuant to this subsection during the precedingquarter. The Administrator shall deposit the fees so transmitted with the StateTreasurer for credit to the State General Fund.

(Added to NRS by 1975, 1515; A 1977, 1215; 1979,1635; 1985, 1000; 1989, 1467; 1993, 2478; 1995, 329)

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

1. A driving school:

(a) Must be located more than 200 feet from any officeof the Department of Motor Vehicles;

(b) Must have the equipment necessary to instructstudents in the safe operation of motor vehicles and maintain the equipment ina safe condition; and

(c) Must have insurance in at least the followingamounts:

(1) For bodily injury to or death of two or morepersons in one accident, $40,000; and

(2) For damage to property in any one accident,$10,000.

2. The Department of Motor Vehicles may review andapprove or disapprove any application to issue, renew or revoke a license for adriving school. The Department of Motor Vehicles may, at any time, inspect alicensed driving school and may recommend that its license be suspended orrevoked. The Administrator shall investigate and recommend to the Commissionthe appropriate action.

(Added to NRS by 1985, 990; A 2001, 2605)

NRS 394.550 Discontinuanceof operations: Academic records filed with Administrator; seizure of records. If any postsecondary educational institution operating inthis state discontinues or proposes to discontinue its operation, the chiefadministrative officer of the institution shall file with the Administratororiginal or true copies of all academic records of the institution specified byregulations of the Commission. The records must include, as a minimum, academicinformation customarily required by colleges when considering students fortransfer or advanced study; and, as a separate document, the academic record ofeach former student. If the Administrator establishes the likelihood that academicrecords of an institution discontinuing its operations are in danger of beingdestroyed, secreted, mislaid or otherwise made unavailable to the Commission,the Administrator may obtain a court order permitting the seizure of suchrecords. The Administrator shall receive and maintain a file of such records inhis possession.

(Added to NRS by 1975, 1515; A 1979, 1636; 1985,1001)

NRS 394.553 Accountfor Student Indemnification.

1. The Account for Student Indemnification is herebycreated in the State General Fund. The existence of the Account does not createa right in any person to receive money from the Account. The Administratorshall administer the Account in accordance with regulations adopted by theCommission.

2. Except as otherwise limited by subsection 3, themoney in the Account may be used to indemnify any student or enrollee who hassuffered damage as a result of:

(a) The discontinuance of operation of a postsecondaryeducational institution licensed in this state; or

(b) The violation by such an institution of anyprovision of NRS 394.383 to 394.560, inclusive, or the regulationsadopted pursuant thereto.

3. If a student or enrollee is entitled toindemnification from a surety bond pursuant to NRS 394.480, the bond must be used toindemnify the student or enrollee before any money in the Account may be usedfor indemnification.

4. In addition to the expenditures made forindemnification pursuant to subsection 2, the Administrator may use the moneyin the Account to pay extraordinary expenses incurred to investigate claims forindemnification or resulting from the discontinuance of the operation of apostsecondary educational institution licensed in this state. Money expendedpursuant to this subsection must not exceed, for each institution for whichindemnification is made, 15 percent of the total amount expended forindemnification pursuant to subsection 2 or $10,000, whichever is less.

5. No expenditure may be made from the Account if theexpenditure would cause the balance in the Account to fall below $10,000.

6. Interest and income earned on the money in theAccount, after deducting any applicable charges, must be credited to theAccount.

7. The money in the Account does not lapse to theState General Fund at the end of any fiscal year.

(Added to NRS by 1995, 323)

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

1. Except as otherwise provided in subsection 2, eachpostsecondary educational institution licensed in this state shall pay to theAdministrator a fee of $5 for each student the institution initially enrolls ina program for which the student pays a tuition or registration fee. On orbefore January 1, April 1, July 1 and October 1 of each year, each institutionshall transmit to the Administrator the fees required by this subsection forthe immediately preceding quarter. The Administrator shall deposit the money inthe State Treasury for credit to the Account for Student Indemnification.

2. The Administrator shall notify each postsecondaryeducational institution licensed in this state if the balance in the Account is$250,000 or more. If the balance in the Account is $250,000 or more, apostsecondary educational institution is not required to pay the fee requiredby subsection 1. If the balance in the Account subsequently falls below$250,000, the Administrator shall notify each postsecondary educationalinstitution licensed in this state that the fee must be paid until the balancein the Account is $250,000 or more.

(Added to NRS by 1995, 323)

NRS 394.560 Unlawfulacts. It is unlawful for any person:

1. To operate or claim to operate a postsecondaryeducational institution which is required to be licensed by the Commission,unless the institution has a currently valid license to operate.

2. To act as or perform the services of an agent inthis state, unless he is a natural person and has a currently valid permit.

3. To offer, as or through an agent, enrollment orinstruction in, or the granting of educational credentials from, apostsecondary educational institution which is required to be licensed by theCommission, whether the institution is within or outside this state, unless theagent is a natural person and has a currently valid permit, except that theCommission may adopt regulations to permit public information to be providedwithout a permit.

4. For compensation to instruct or educate, or offerto instruct or educate, including advertising or soliciting for such a purpose,enroll or offer to enroll, contract or offer to contract with any person forsuch a purpose, or award any educational credential, or contract with anyinstitution or party to perform any such act in this state, whether the personis located within or outside this state, unless that person complies with theminimum standards set forth in this chapter and in regulations adopted by theCommission.

5. To grant, or offer to grant, educationalcredentials without a currently valid license.

(Added to NRS by 1975, 1511; A 1979, 698, 1636; 1985,1001; 1987, 409)

ENFORCEMENT AND PENALTIES

NRS 394.570 Legislativeappropriations. Funds to carry out theprovisions of NRS 394.201 to 394.610, inclusive, shall be provided bylegislative appropriation from the General Fund, and shall be paid out onclaims as other claims against the State are paid.

(Added to NRS by 1975, 1517)

NRS 394.580 Jurisdiction;service of process.

1. Any person, private school or postsecondary educationalinstitution, whether or not a resident of or having a place of business in thisstate, that instructs or educates, or offers to instruct or educate, enrolls oroffers to enroll, contracts or offers to contract, to provide education,educational services or educational credentials in this state, whether providedin person or by correspondence, to a resident of this state or a resident ofanother state if provided by a person in this state, thereby submits to thejurisdiction of the courts of this state, concerning any cause of actionarising from violation of any section of this chapter. If the institution is anatural person, he thereby submits himself or his personal representative tosuch jurisdiction.

2. Service of process upon any institution subject tothe jurisdiction of the courts of this state may be made by personally servingthe summons upon the defendant within or outside this state, in the mannerprescribed by the Nevada Rules of Civil Procedure, with the same effect as ifthe summons had been personally served within this state.

3. This section does not limit the right to serve anyprocess as prescribed by the Nevada Rules of Civil Procedure.

(Added to NRS by 1975, 1516; A 1979, 1636; 1985,1001; 1989, 1467)

NRS 394.590 Documentsof indebtedness and related agreements: Restrictions and requirements.

1. If the person to whom a private school orpostsecondary educational institution is to provide educational services is aresident of this state when any contract, instrument or document ofindebtedness relating to payment for the services is entered into, theprovisions of this section govern the rights of the parties in regard to thedocuments of indebtedness. Any of the following agreements entered into inconnection with the giving of a document of indebtedness is invalid:

(a) That the law of another state applies;

(b) That the maker or any person liable on suchcontract or other document of indebtedness consents to the jurisdiction ofanother state;

(c) That another person is authorized to confessjudgment on such contract or evidence of indebtedness; or

(d) That fixes venue.

2. A document of indebtedness relating to payment foreducation or educational services is not enforceable in the courts of thisstate by any private school or postsecondary educational institution operatingin this state or with an agent operating in this state unless:

(a) The school or institution has received a license tooperate; and

(b) Each agent operating in this state had an agentspermit.

3. Any lending institution extending credit to anyperson for tuition, fees or any other charges of a private school orpostsecondary educational institution for educational services to be renderedby the school or institution shall conspicuously mark on the face of anydocument of indebtedness taken in connection with the extension of credit loanfor study. If the lending agency fails to do so, it is liable for any damageincurred by any subsequent assignee, transferee or holder of the document onaccount of the absence of the notation.

4. Whether or not the notation loan for studyappears on the document of indebtedness, and notwithstanding any agreement tothe contrary, the lending agency extending credit and any transferee, assigneeor holder of the document of indebtedness are subject to all defenses andclaims which may be asserted against the private school or postsecondaryeducational institution which was to render the educational services, by anyperson that was a party to the document of indebtedness or the person to whomthe educational services were to be rendered to the extent of the unpaidportion of the indebtedness.

(Added to NRS by 1975, 1515; A 1985, 1002)

NRS 394.600 Actionfor enforcement; injunctive relief.

1. The Attorney General or any district attorney, atthe request of the Commission or Board or on his own motion, may bring anyappropriate action or proceeding in any court of competent jurisdiction for theenforcement of the provisions of this chapter.

2. If it appears to the Commission or Board that anyperson is violating or is about to violate any of the provisions of thischapter or any of its regulations or orders, the Commission or Board may, onits own motion or on the written complaint of any person, file an action forinjunction in the name of the Commission or Board in any court of competentjurisdiction in this state against the person to enjoin the violation or for anorder directing compliance with the provisions of this chapter, and allregulations and orders promulgated pursuant to this chapter.

3. The right of injunction provided in this section isin addition to any other legal remedy which the Commission or Board has, and isin addition to any right of criminal prosecution provided by law; but theCommission or Board shall not obtain a temporary restraining order withoutnotice to the person affected.

4. The existence of a pending action by the Commissionor Board with respect to alleged violations of this chapter does not operate asa bar to an action for injunctive relief pursuant to this section.

(Added to NRS by 1975, 1516; A 1985, 1003)

NRS 394.610 Penalty. Unless a specific penalty is otherwise provided, a personwho willfully violates the provisions of NRS394.005 to 394.550, inclusive, isguilty of a gross misdemeanor. Each days failure to comply with the provisionsof these sections is a separate offense.

(Added to NRS by 1975, 1517; A 1985, 1003; 1987, 214)

RESTRICTIONS ON USE OF TERMS AND GRANTING DEGREES

NRS 394.620 Definitions. As used in NRS 394.620to 394.670, inclusive:

1. Degree means any statement, diploma, certificateor other writing in any language which indicates or represents, or which isintended to indicate or represent, that the person named thereon is learned in orhas satisfactorily completed the requirements of an academic or professionalprogram of study in a particular field of endeavor beyond the secondary schoollevel as a result of formal preparation or training.

2. Honorary degree means any statement, diploma,certificate or other writing in any language which indicates or represents, orwhich is intended to indicate or represent, that the person named thereon islearned in any field of public service or has performed outstanding publicservice or that the person named thereon has demonstrated proficiency in afield of endeavor without having completed formal courses of instruction orstudy or formal preparation or training.

(Added to NRS by 1975, 1026; A 1977, 148)

NRS 394.625 Useof university, college and similar terms; regulations.

1. Except for the Nevada System of Higher Education,no person may use the term university or college or any term orabbreviation which represents that the person is a university or college aspart of the name or other designation of any entity without authorization fromthe Commission.

2. The Commission shall adopt regulations forauthorizing postsecondary educational institutions to use the term universityor college as part of their respective names or designations. The regulationsmust provide for consideration of the institutions qualification to awarddegrees and may include minimum standards similar to those prescribed by lawfor licensing by the Commission.

(Added to NRS by 1979, 698; A 1985, 1004; 1993, 340)

NRS 394.630 Awardingdegrees. A person, firm, association,partnership or corporation shall not award, bestow, confer, give, grant, conveyor sell to another person a degree or honorary degree upon which is inscribed,in any language, the word associate, bachelor, baccalaureate, master,doctor or fellow, or any abbreviation thereof, unless it is a school,academy, institute, community college, junior college, college, university orother educational organization or entity located in the State of Nevada oroperating from a place of business in this state that offers courses ofinstruction or study wherein credits may be earned toward an academic orprofessional degree in a field of endeavor beyond the secondary school level,and:

1. Is accredited; or

2. Has filed and kept current with appropriateamendments, in the office of the Administrator, an affidavit by each presidentof two separate accredited colleges or universities stating that the majorityof the course credits offered by the unaccredited institution are generallyacceptable or transferable to the accredited college or university which eachpresident represents.

(Added to NRS by 1975, 1027; A 1977, 148; 1983, 133;1989, 1468; 1997, 176)

NRS 394.640 Advertisingawarding of degrees. No person may:

1. Advertise or otherwise represent that it awards,bestows, confers, gives, grants, conveys or sells degrees or honorary degrees;or

2. Solicit enrollment in courses of instruction orstudy by making any such representation,

unless theinstitution is authorized by the Commission to award degrees.

(Added to NRS by 1975, 1027; A 1977, 149; 1985, 1004)

NRS 394.650 Civilpenalty. Any person, firm, partnership,corporation, association or any other organization which violates any of theprovisions of NRS 394.620 to 394.640, inclusive, is liable for a civilpenalty not to exceed $2,500 for each violation, which shall be recovered in acivil action, brought in the name of the State of Nevada by the AttorneyGeneral or by any district attorney in a court of competent jurisdiction. Asused in this section, each violation includes, as a single violation, acontinuous or repetitive violation arising out of the same act.

(Added to NRS by 1975, 1027; A 1979, 699)

NRS 394.660 Injunction. The Attorney General or any district attorney may bring anaction in any court of competent jurisdiction, either as a part of any actionbrought pursuant to NRS 394.650 or as aseparate action, to enjoin any violation of the provisions of NRS 394.620 to 394.640, inclusive.

(Added to NRS by 1975, 1027; A 1979, 699)

NRS 394.670 Criminalpenalty. Every person who violates any of theprovisions of NRS 394.620 to 394.640, inclusive, is guilty of a grossmisdemeanor. Each days violation is a separate offense.

(Added to NRS by 1975, 1027; A 1979, 699; 1985, 1004)

USE OF FALSE OR MISLEADING DEGREES

NRS 394.700 Prohibition;penalty.

1. It is unlawful for a person knowingly to use orattempt to use:

(a) A false or misleading degree or honorary degreeconferred by a private entity, regardless of whether that entity is located inthis State and regardless of whether that entity is authorized to operate inthis State; or

(b) A degree or honorary degree conferred by a privateentity in a false or misleading manner, regardless of whether that entity islocated in this State and regardless of whether that entity is authorized tooperate in this State,

inconnection with admission to any institution of higher education or in connectionwith any business, employment, occupation, profession, trade or public office.

2. Unless a greater penalty is provided by specificstatute, a person who violates the provisions of this section is guilty of amisdemeanor and shall be punished by a fine of not more than $5,000 or byimprisonment in the county jail for not more than 6 months, or by both fine andimprisonment.

3. In addition to any criminal penalty imposedpursuant to subsection 2, a person who violates the provisions of this sectionis subject to a civil penalty in an amount not to exceed $5,000 for eachviolation. The Attorney General or any district attorney of this State mayrecover the penalty in a civil action brought in the name of the State ofNevada in any court of competent jurisdiction.

4. For the purposes of this section, a degree or honorarydegree is false or misleading or is used in a false or misleading manner if it:

(a) States or suggests that the person named in thedegree or honorary degree has completed the requirements of an academic orprofessional program of study in a particular field of endeavor beyond thesecondary school level and the person has not, in fact, completed therequirements of the program of study;

(b) Is offered as his own by a person other than theperson who completed the requirements of the program of study; or

(c) Is awarded, bestowed, conferred, given, granted,conveyed or sold:

(1) Based upon more than 10 percent of therecipients documented life experience and not based upon actual completion ofacademic work;

(2) By a person or entity located in this Statein violation of this chapter, as determined by the Commission; or

(3) By a person or entity located outside thisState which would be a violation of this chapter if the person or entity werelocated in this State, as determined by the Commission.

5. As used in this section:

(a) Degree has the meaning ascribed to it in NRS 394.620.

(b) Honorary degree has the meaning ascribed to it inNRS 394.620.

(Added to NRS by 2005, 617)

 

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