[Rev. 11/21/2013 11:25:13
AM--2013]
CHAPTER 393 - SCHOOL PROPERTY
CARE, MANAGEMENT AND CONTROL OF SCHOOL PROPERTY
NRS 393.010 Management,
control and custody of school property.
NRS 393.020 Insurance;
use of proceeds.
NRS 393.030 Property
held by board of trustees as corporation.
NRS 393.051 Power
of trustees to prohibit or regulate use of motor vehicles on school property.
USE OF SCHOOL PROPERTY FOR PUBLIC PURPOSES
NRS 393.071 Trustees
may grant use of buildings and grounds for meetings or discussions.
NRS 393.07105 Trustees
may grant use of school libraries to general public during nonschool hours;
cooperative agreements for library personnel and resources; acceptance of gifts
and grants and outreach to certain families authorized.
NRS 393.07107 Trustees
required to grant use of athletic fields at elementary, middle and junior high
schools to certain nonprofit organizations under certain circumstances;
exceptions.
NRS 393.0711 Interference
with use and occupancy for school purposes prohibited.
NRS 393.0712 Grant
constituting monopoly prohibited.
NRS 393.0713 Term
of privilege; renewal and revocation; exception for use of school library by
general public.
NRS 393.0714 Grant
of use without charge to public agencies for holding examinations to select
personnel and to general public for use of school libraries.
NRS 393.0715 Use
or grant of use for program or movement to accomplish overthrow of government
prohibited; penalty.
NRS 393.0717 Regulations.
NRS 393.0718 Custodian
of property: Appointment; powers.
NRS 393.0719 Payment
of expenses by school district; reimbursement by users; exception to
reimbursement for use of school library by general public.
SCHOOL BUILDINGS AND FACILITIES
NRS 393.080 General
powers of board of trustees; notice required to close school or change location
or use of school.
NRS 393.085 Decision
to close or change use of school: Hearing for reconsideration by board of
trustees; judicial review.
NRS 393.090 Dormitories
and dining halls for students at high school.
NRS 393.092 Oversight
panel for school facilities: Establishment in counties whose population is
100,000 or more; membership; terms of members; meetings.
NRS 393.095 Oversight
panel for school facilities: Duty of board of trustees to provide
administrative support and information.
NRS 393.096 Oversight
panel for school facilities: Authority of board of trustees to expand duties of
panel in larger counties.
NRS 393.097 Duty
to submit recommendations for financing costs for construction to Legislature;
oversight panels required to approve or deny request for issuance of certain
bonds.
NRS 393.100 Repair.
NRS 393.103 Adoption
of policy concerning renovation or reconstruction of older buildings.
NRS 393.105 Maintenance
and availability of material safety data sheet for hazardous materials used on
school buildings or grounds.
NRS 393.110 Certain
larger school districts required to establish building department; approval of
plans by State Public Works Division of the Department of Administration,
building department or private certificate holder; contract contrary to
provisions invalid.
NRS 393.130 Contract
for construction or repair on basis of cost plus fee.
SCHOOL SITES
NRS 393.140 Exchange,
purchase, lease and acquisition of school sites and other real property.
NRS 393.155 Expenditures
for improvements not located on property of school district.
EQUIPMENT, SUPPLIES AND PRINTING
NRS 393.160 Powers
of trustees.
NRS 393.170 Library
books, textbooks and other school supplies: Purchase; payment for damage;
ownership; penalty.
NRS 393.200 United
States flag provided by trustees; use.
NRS 393.210 Printing
for school district by newspaper or commercial establishment within district;
exceptions.
SALE, LEASE OR RENTAL OF REAL PROPERTY BELONGING TO A SCHOOL
DISTRICT
NRS 393.220 Power
of trustees.
NRS 393.240 Appointment,
report and compensation of appraisers; exceptions.
NRS 393.245 Procedure
for sale or lease of real property to bidder or through licensed real estate
broker; terms of payment; board of trustees authorized to enter into brokerage
agreement to list house or other structure built by pupils.
NRS 393.247 Sale
of house or other structure built by pupils authorized; requirements for
exclusive listing with real estate broker; payment of commission to real estate
broker; exemption from certain provisions.
NRS 393.250 Adoption
and contents of resolution declaring intention to sell or lease property;
additional requirements of resolution for sale of house or other structure
built by pupils.
NRS 393.260 Notice
of adoption of resolution and of meeting: Posting and publication.
NRS 393.270 Opening
of proposals; acceptance; procedure to be followed if a bid is not received
that is at least equal to cash market value of property.
NRS 393.280 Oral
bids; acceptance of highest oral bid; commission for broker.
NRS 393.290 Final
acceptance.
NRS 393.300 Rejection
of bids and withdrawal of property from sale or lease.
NRS 393.310 Authorization
to execute and deliver deed or lease.
NRS 393.320 Deposit
of money received from sale or lease in buildings and sites fund.
NRS 393.325 Lease
of school building for community center; conditions.
LEASE OR RENTAL OF REAL PROPERTY OF SCHOOL DISTRICT HAVING
RENTAL VALUE OF $5,000 OR LESS A YEAR
NRS 393.3251 Lease
or rental of certain real property without formal appraisal; resolution of
intention to lease or rent.
NRS 393.3252 Notice
of adoption of resolution and of meeting: Publication.
NRS 393.3253 Meeting:
Procedure; call for bids; acceptance of highest oral bid.
NRS 393.3254 Renewal
of lease or rental agreement; review and adjustment.
NRS 393.3255 Deposit
of money received from lease or rental in buildings and sites fund.
EXCHANGE OF REAL PROPERTY BELONGING TO SCHOOL DISTRICT
NRS 393.326 Power
of trustees.
NRS 393.327 Manner
of making exchanges.
NRS 393.328 Appraisers:
Appointment, report and compensation.
NRS 393.329 Resolution
declaring intention to exchange property: Adoption and contents.
NRS 393.3291 Notice
of adoption of resolution and of meeting: Posting and publication.
NRS 393.3292 Order
for exchange; execution of necessary conveyances.
NRS 393.3293 Deposit
of money received from exchange in school district fund.
DIVISION OF PROPERTY UPON ABOLISHMENT OF COUNTY OR CHANGE OF
BOUNDARIES OF COUNTY
NRS 393.370 Abolishment
of county.
NRS 393.380 Change
of county’s boundaries.
UNLAWFUL ACTS
NRS 393.400 Surreptitious
electronic surveillance; exceptions.
NRS 393.405 Use
of diisocyanate in maintenance or repair of building owned or operated by
school while certain persons are present; penalty.
NRS 393.410 Damage
to school property; nuisance; loitering; trespass; penalties.
_________
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CARE, MANAGEMENT AND CONTROL OF SCHOOL PROPERTY
NRS 393.010 Management, control and custody of school property. The board of trustees of a school district
shall:
1. Manage and control the school property
within its district, except for any property belonging to a charter school.
2. Have the custody and safekeeping of the
district schoolhouses, their sites and appurtenances.
[409:32:1956]—(NRS A 1999, 3318)
NRS 393.020 Insurance; use of proceeds.
1. The board of trustees of a school
district may insure for a reasonable amount the schoolhouses, furniture and
school apparatus with some company authorized by law to transact business in
the State of Nevada, and may comply with the conditions of the insurance
policies.
2. Except as provided in subsection 3, any
money received by a school district from insurance as payment for property loss
shall be deposited with the county treasurer in a special fund to the credit of
the school district, and may be expended in the manner provided by law for the
repair, rebuilding or replacement of the property damaged or destroyed, without
special budget provisions for such expenditure.
3. If the repair, rebuilding or
replacement of the property damaged or destroyed is not in the best interest of
the district, as determined by the board of trustees, the insurance proceeds
may be transferred from the special fund to the school district buildings and
sites fund. This subsection does not apply where, in order to obtain the
maximum insurance proceeds, the insurance contract requires that the school
improvement be reconstructed on the same site.
[410:32:1956]—(NRS A 1969, 590; 1979, 1617)
NRS 393.030 Property held by board of trustees as corporation. All property which is now vested in or which
shall hereafter be transferred to the board of trustees of a school district
for the use of schools in the school district shall be held by the board of
trustees as a corporation.
[411:32:1956]
NRS 393.051 Power of trustees to prohibit or regulate use of motor vehicles
on school property.
1. As used in this section, “motor
vehicle” means a motor vehicle as defined in NRS
482.075.
2. The board of trustees of a school
district by resolution may make, modify or abolish such rules prohibiting,
restricting or regulating the operation and parking of motor vehicles upon
property controlled by the district as the board considers convenient or
necessary for the policing of such property.
3. The rules promulgated under subsection
2 shall become effective when appropriate signs giving notice thereof are
erected upon such property.
4. Every peace officer may enforce the
rules promulgated under subsection 2.
5. The district and any other political
subdivision of this state may enter into agreements or contracts for the
purpose of providing a uniform system of enforcement of the rules promulgated
under subsection 2.
(Added to NRS by 1973, 268)
USE OF SCHOOL PROPERTY FOR PUBLIC PURPOSES
NRS 393.071 Trustees may grant use of buildings and grounds for meetings or
discussions. Except as otherwise
provided in NRS 393.07107, the board of trustees
of any school district may grant the use of school buildings or grounds for
public, literary, scientific, recreational or educational meetings, or for the
discussion of matters of general or public interest upon such terms and
conditions as the board deems proper, subject to the limitations, requirements
and restrictions set forth in NRS 393.071 to 393.0719, inclusive.
(Added to NRS by 1959, 295; A 2003, 517; 2011, 655)
NRS 393.07105 Trustees may grant use of school libraries to general public
during nonschool hours; cooperative agreements for library personnel and
resources; acceptance of gifts and grants and outreach to certain families
authorized.
1. The board of trustees of a school
district may grant the use of libraries in the public schools located within
the school district to the general public during times that are not regular
school hours.
2. A member of the general public who
possesses a library card issued by a public library, as that term is defined in
NRS 379.0057, may use that library
card to check out books at a school library that is open to the general public.
3. The board of trustees of a school
district may enter into one or more cooperative agreements with:
(a) The trustees of a consolidated, county,
district, town or other public library located within the county in which the
school district is located; and
(b) The governing authority of a city library
located within the county in which the school district is located,
Ê for the
provision of library personnel and resources for a school library located
within the school district that is open to the general public pursuant to this
section.
4. If the board of trustees of a school
district grants the use of school libraries to the general public, the board of
trustees may:
(a) Solicit and accept gifts, grants and other
support for the costs and expenses associated with the use of the school libraries
by the general public.
(b) Enhance its outreach to families with
preschool children, parents who need to improve their literacy skills and the
general community.
(Added to NRS by 2003, 517)
NRS 393.07107 Trustees required to grant use of athletic fields at elementary,
middle and junior high schools to certain nonprofit organizations under certain
circumstances; exceptions.
1. Except as otherwise provided in
subsections 3 and 4 and subject to the limitations, requirements and
restrictions set forth in this section and in NRS
393.071 to 393.0719, inclusive, the board of
trustees of a school district shall, upon request, grant the use of any
athletic field at each elementary, middle or junior high school within the
school district to a nonprofit organization which serves adults and children
with disabilities or which provides programs for youth sports, including,
without limitation, baseball, football, soccer or softball. The organization
may use the field at any time that:
(a) Is not during regular school hours;
(b) Use of the field is not required for
school-related activities; and
(c) The field is not in the process of undergoing
maintenance or renovation.
2. If a nonprofit organization which
serves adults and children with disabilities or which provides programs for
youth sports is granted use of an athletic field pursuant to subsection 1, the
nonprofit organization shall comply with any insurance coverage and
indemnification provisions required by the board of trustees of the school
district.
3. If the board of trustees of a school
district has entered into an agreement with one or more local governments to
provide the use of the athletic fields or playgrounds of the school district to
a community organization which provides programs for youth sports, the board of
trustees is not required to comply with the provisions of subsection 1.
4. The provisions of this section do not
apply to an athletic field that contains lights.
(Added to NRS by 2011, 654)
NRS 393.0711 Interference with use and occupancy for school purposes
prohibited. No such use may be
inconsistent with or interfere with the use and occupancy of the buildings or
grounds for school purposes.
(Added to NRS by 1959, 295; A 1979, 1618)
NRS 393.0712 Grant constituting monopoly prohibited. No
such use shall be granted in such a manner as to constitute a monopoly for the
benefit of any person or organization.
(Added to NRS by 1959, 295)
NRS 393.0713 Term of privilege; renewal and revocation; exception for use of
school library by general public.
1. Except as otherwise provided in
subsection 2, the privilege of using the buildings or grounds must not be
granted for a period exceeding 1 year. The privilege is renewable and revocable
in the discretion of the board of trustees at any time.
2. The time limitation set forth in
subsection 1 does not apply to the use of a school library pursuant to NRS 393.07105.
(Added to NRS by 1959, 295; A 2003, 517)
NRS 393.0714 Grant of use without charge to public agencies for holding
examinations to select personnel and to general public for use of school
libraries. The board of trustees
of any school district may grant the use of school buildings, grounds and equipment
without charge to:
1. Public agencies for the purpose of
holding examinations for the selection of personnel.
2. The general public for use of school
libraries within the school district pursuant to NRS
393.07105.
(Added to NRS by 1959, 295; A 2003, 517)
NRS 393.0715 Use or grant of use for program or movement to accomplish
overthrow of government prohibited; penalty.
1. No school property, buildings or
grounds may be used to further any program or movement the purpose of which is
to accomplish the overthrow of the Government of the United States or of any
state by force, violence or other unlawful means.
2. No board of trustees of any school
district may grant the use of any school property, building or grounds to any
person or organization for any use in violation of this section.
3. Any violation of this section is a
misdemeanor.
(Added to NRS by 1959, 295)
NRS 393.0717 Regulations.
1. The board of trustees of the school
district shall make all necessary regulations for the use of school buildings
and grounds for civic meetings and recreational activities, and for the aid,
assistance and encouragement of recreational activities.
2. The use of any school buildings or
grounds for any meeting or recreational activity is subject to such reasonable
regulations as the board of trustees prescribes.
(Added to NRS by 1959, 295; A 1979, 1618)
NRS 393.0718 Custodian of property: Appointment; powers. The board of trustees of any school district
may appoint a person who must have charge of the grounds, preserve order,
protect the school property, plan, promote and supervise recreational
activities, and do all things necessary in the capacity of a representative of
the board of trustees.
(Added to NRS by 1959, 295; A 1993, 2531)
NRS 393.0719 Payment of expenses by school district; reimbursement by users;
exception to reimbursement for use of school library by general public.
1. Lighting, heating, janitorial service
and the services of the person referred to in NRS
393.0718, when needed, and other necessary expenses, in connection with the
use of public school buildings and grounds pursuant to NRS
393.071 to 393.0719, inclusive, must be
provided for out of school district funds of the respective school districts in
the same manner as similar services are provided for, and except as otherwise
provided in subsection 2, subject to reimbursement by the user in accordance
with such policies and regulations as the board of trustees may adopt.
2. The board of trustees of a school
district may not request reimbursement for the costs and expenses associated
with the use of a school library by the general public pursuant to NRS 393.07105.
(Added to NRS by 1959, 296; A 2003, 518)
SCHOOL BUILDINGS AND FACILITIES
NRS 393.080 General powers of board of trustees; notice required to close
school or change location or use of school.
1. The board of trustees of a school
district may:
(a) Build, purchase or rent schoolhouses and
other school buildings, including, but not limited to, teacherages, gymnasiums
and stadiums, and dormitories and dining halls as provided in NRS 393.090.
(b) Enter into lease agreements for school
facilities with an option to purchase the facilities.
(c) Change the location of schools.
(d) Close a school or change the use of the
school building to a purpose other than the teaching of kindergarten through
12th grade.
(e) Supervise and inspect the work performed
pursuant to a contract to which the provisions of NRS
393.110 apply.
2. Any board of trustees which proposes to
change the location of a school, close a school or change the use of a school
building as provided in subsection 1 shall give 30 days’ written notice to the
principal and teachers of the affected school and to the parents of the
children attending that school. In addition the board of trustees shall publish
a notice of the subject, time and place of the meeting at which the matter will
be considered, in a newspaper of general circulation in the county at least 10
days before the meeting.
[416:32:1956]—(NRS A 1977, 1562; 1993, 2410; 1997, 2457)
NRS 393.085 Decision to close or change use of school: Hearing for
reconsideration by board of trustees; judicial review. Any
resident of a school district who is aggrieved by a decision of the board of
trustees to close or change the use of a school under NRS
393.080 may, within 30 days after the decision is rendered, make a written
request to the board for a hearing for reconsideration of the decision. The
board shall schedule the hearing within 30 days after receiving the request and
shall publish a notice of the time and place of the hearing in a newspaper of
general circulation in the county at least 10 days before the hearing. The
decision of the board of trustees after its reconsideration hearing is a final
decision subject to judicial review as provided by law.
(Added to NRS by 1977, 1562; A 2003, 2349)
NRS 393.090 Dormitories and dining halls for students at high school. The board of trustees of a school district
shall have the power to provide for the rental, purchase or erection of
suitable dormitories and dining halls for high school students, and to provide
for the support, maintenance and management of the same. The board of trustees
shall not furnish board, lodging, support and maintenance of pupils at any
other place when dormitories and dining halls are regularly established.
Dormitories and dining halls shall be considered part of the regular school
equipment and organization where so provided.
[417:32:1956]
NRS 393.092 Oversight panel for school facilities: Establishment in counties
whose population is 100,000 or more; membership; terms of members; meetings.
1. The board of trustees of a school
district in a county whose population is 100,000 or more shall establish an
oversight panel for school facilities, consisting of 11 members selected as
follows:
(a) Six members who are elected representatives
of local government, to be determined as follows:
(1) One member of the board of county
commissioners appointed by a majority vote of the board of county
commissioners;
(2) One member of the governing body of
each incorporated city in the county, each of whom is appointed by a majority
vote of the governing body of which he or she is a member; and
(3) If the membership determined pursuant
to subparagraphs (1) and (2) is less than six, one additional member of the
board of county commissioners appointed by a majority vote of the board of
county commissioners and, if applicable, additional members of the governing
bodies of incorporated cities in the county, each of whom must be appointed by
a majority vote of the governing body of which he or she is a member, until six
members have been appointed. If the membership determined pursuant to this
paragraph would result in an unequal number of representatives among the
incorporated cities, the membership of the incorporated cities on the oversight
panel must be rotated and the board of county commissioners shall draw lots to
determine which city or cities will be first represented, which next, and so
on.
(b) Five members appointed by the board of
trustees of the county school district to be determined as follows:
(1) One member who has experience in
structural or civil engineering;
(2) One member who has experience in
matters relating to the construction of public works projects;
(3) One member who has experience in the
financing or estimation of the cost of construction projects;
(4) One member who is a representative of
the gaming industry; and
(5) One member who is a representative of
the general public who has an interest in education.
2. After the initial terms, the term of
each member of the oversight panel is 2 years. Members of the oversight panel
are eligible for reappointment.
3. The oversight panel for school
facilities may meet at the call of the chair of the oversight panel, but is not
required to hold meetings except for the purposes of carrying out its duties
pursuant to subsection 4 of NRS 350.020
and NRS 393.097 and, if applicable, for the
purposes of carrying out expanded duties pursuant to NRS
393.096, or unless directed by the board of trustees of the school
district.
(Added to NRS by 1997, 2456; A 2013, 1488)
NRS 393.095 Oversight panel for school facilities: Duty of board of trustees
to provide administrative support and information. The
board of trustees of a school district in a county whose population is 100,000
or more shall:
1. Provide administrative support to the
oversight panel for school facilities established by the board of trustees
pursuant to NRS 393.092; and
2. Comply with all requests by the
oversight panel for information.
(Added to NRS by 1997, 2456)
NRS 393.096 Oversight panel for school facilities: Authority of board of
trustees to expand duties of panel in larger counties.
1. The board of trustees of a school
district in a county whose population is 700,000 or more may, by a vote of not
less than two-thirds of the total membership of the board of trustees, expand
the duties of the oversight panel for school facilities established for the
school district pursuant to NRS 393.092.
2. If the board of trustees votes to
expand the duties of the oversight panel, the board of trustees shall:
(a) Prepare a 3-year plan for the renovation of
school facilities and a 5-year plan for the construction of school facilities
within the school district for submission to the oversight panel for its review
and recommendations;
(b) Appoint the assistant superintendent of
school facilities or his or her designee, if the board of trustees has employed
a person to serve in that capacity, or otherwise appoint an employee of the
school district who has knowledge and experience in school construction, to act
as a liaison between the school district and the oversight panel;
(c) Consider each recommendation made by the
oversight panel and, if the board of trustees does not adopt a recommendation,
state in writing the reason for its action and include the statement in the
minutes of the board of trustees, if applicable; and
(d) In addition to the administrative support
required pursuant to NRS 393.095, provide such
administrative support to the oversight panel as is necessary for the oversight
panel to carry out its expanded duties.
3. If the board of trustees votes to
expand the duties of the oversight panel, the oversight panel shall:
(a) Work cooperatively with the board of trustees
of the school district to ensure that the program of school construction and
renovation is responsive to the educational needs of pupils within the school
district;
(b) Review the 3-year plan for the renovation of
school facilities and the 5-year plan for the construction of school facilities
submitted by the board of trustees of the school district and make
recommendations to the board of trustees for any necessary revisions to the
plans;
(c) On a quarterly basis, or more frequently if
the oversight panel determines necessary, evaluate the program of school
construction and renovation that is designed to carry out the 3-year plan and
the 5-year plan and make recommendations to the board of trustees concerning
the program;
(d) Make recommendations for the management of
construction and renovation of school facilities within the school district in
a manner that ensures effective and efficient expenditure of public money; and
(e) Prepare an annual report that includes a
summary of the progress of the construction and renovation of school facilities
within the school district and the expenditure of money from the proceeds of
bonds for the construction and renovation, if such information is available to
the oversight panel.
(Added to NRS by 1999, 2106; A 2011, 1248)
NRS 393.097 Duty to submit recommendations for financing costs for
construction to Legislature; oversight panels required to approve or deny
request for issuance of certain bonds.
1. If an oversight panel for school
facilities established pursuant to NRS 393.092
approves a request by the board of trustees of the school district for the
issuance of general obligation bonds pursuant to subsection 4 of NRS 350.020, the oversight panel shall, on
or before July 1 of each even-numbered year during the period in which those
bonds are outstanding, and each board of trustees of a school district in a
county whose population is less than 100,000 shall, on or before July 1 of each
even-numbered year, submit to the Director of the Legislative Counsel Bureau
for transmittal to the next regular session of the Legislature written
recommendations for financing the costs of new construction, design,
maintenance and repair of school facilities.
2. In a county whose population is 100,000
or more, the oversight panel for school facilities shall review and approve or
disapprove a request by the board of trustees of the school district for the
issuance of general obligation bonds pursuant to subsection 4 of NRS 350.020.
(Added to NRS by 1997, 2457; A 2013, 1489)
NRS 393.100 Repair. The board
of trustees of a school district shall keep the public school buildings,
teacherages, dormitories, dining halls, gymnasiums, stadiums and all other
buildings in its charge in such repair as is necessary for the comfort and health
of pupils and teachers.
[418:32:1956]—(NRS A 1959, 809; 1979, 1618)
NRS 393.103 Adoption of policy concerning renovation or reconstruction of
older buildings. A school district
that has more than 150,000 pupils enrolled shall develop and adopt a policy
concerning the renovation or reconstruction of older buildings for schools or
related facilities. As part of the policy, consideration must be given to the
relative advantages and disadvantages of the renovation or reconstruction of
older buildings for schools or related facilities as compared to the design,
construction or purchase of new buildings for schools or related facilities,
including, without limitation, an analysis of the costs to renovate or
reconstruct existing buildings and facilities to comply with the Americans with
Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., in comparison with the
costs to construct or purchase new buildings and facilities. The policy must
include, without limitation, guidelines for use by the board of trustees in
determining:
1. Whether older buildings should be
renovated or reconstructed or whether new buildings to replace those older
buildings should be constructed or purchased, including, without limitation, a
determination of the costs to renovate or reconstruct existing buildings and
facilities to comply with the Americans with Disabilities Act of 1990, 42
U.S.C. §§ 12101 et seq., in comparison with the costs to construct or purchase
new buildings and facilities.
2. The manner in which the board of
trustees will expend or disburse money that the board did not otherwise
anticipate would be available to finance the renovation or reconstruction of
older buildings and the construction or purchase of new buildings, if such
money, in fact, becomes available.
(Added to NRS by 1999, 2947; A 2001, 1113, 1723)
NRS 393.105 Maintenance and availability of material safety data sheet for
hazardous materials used on school buildings or grounds.
1. The board of trustees of a school
district shall ensure that each school under its management and control:
(a) Maintains at the school a material safety
data sheet for each hazardous chemical used on the buildings or grounds of the
school;
(b) Complies with any safety precautions
contained in those sheets; and
(c) Makes those sheets available to all the
personnel of the school and the parents of each pupil attending the school.
2. For the purposes of this section,
“material safety data sheet” has the meaning ascribed to it in 29 C.F.R. §
1910.1200.
(Added to NRS by 1997, 3352)
NRS 393.110 Certain larger school districts required to establish building
department; approval of plans by State Public Works Division of the Department
of Administration, building department or private certificate holder; contract
contrary to provisions invalid.
1. Each school district shall, in the
design, construction and alteration of school buildings and facilities, comply
with the applicable requirements of the Americans with Disabilities Act of
1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto,
including, without limitation, the Americans with Disabilities Act
Accessibility Guidelines for Buildings and Facilities set forth in Appendix A
of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of
this subsection are not satisfied if a school district complies solely with the
Uniform Federal Accessibility Standards set forth in Appendix A of Part
101-19.6 of Title 41 of the Code of Federal Regulations.
2. In a county whose population is 700,000
or more:
(a) The board of trustees of the school district
shall establish a building department for the school district.
(b) Except as otherwise provided in NRS 477.030, the board of trustees of the
school district shall regulate all matters relating to the construction,
maintenance and safety of buildings, facilities, structures and property of the
school district.
(c) Except as otherwise provided in NRS 477.030, the board of trustees of the
school district shall adopt any building, electrical or safety codes as
necessary to carry out the provisions of this subsection.
(d) The board of trustees of the school district
shall ensure that the building department established by the board of trustees
reviews the plans, designs and specifications for the erection of new school
buildings and for the addition to or alteration of existing school buildings
and facilities.
(e) The building department established by the
board of trustees shall, in accordance with subsection 4, conduct a review of
plans, designs and specifications for the erection of new school buildings and
for the addition to or alteration of existing school buildings and facilities.
(f) The provisions of NRS 278.585 do not apply to the school
district in its regulation of buildings, facilities, structures and property of
the school district.
3. In a county whose population is less
than 700,000:
(a) Except as otherwise provided in paragraph
(b), unless standard plans, designs and specifications are to be used as
provided in NRS 385.125, before letting
any contract or contracts for the erection of any new school building or for
any addition to or alteration of an existing school building, the board of
trustees of the county school district shall submit the plans, designs and
specifications to, and obtain written approval of the plans, designs and
specifications by, the building department of the county or other appropriate
local building department in the county, and all other local agencies or
departments whose approval is necessary for the issuance of the appropriate
permit. The approval of the State Fire Marshal is not required for any plans,
designs and specifications reviewed by a building department pursuant to this
paragraph.
(b) If there is no county building department or
other appropriate local building department in the county in which the school
district is located, the board of trustees of the school district shall enter
into an agreement with the State Public Works Division of the Department of
Administration, a private certificate holder or a local building department in
another county to obtain the required reviews of the plans, designs and
specifications and to have the required inspections conducted. The approval of
the State Fire Marshal is not required for any plans, designs and
specifications reviewed by a private certificate holder or building department
pursuant to this paragraph.
(c) A permit for construction must be issued
before the school district commences construction.
(d) The county building department or other
appropriate local building department, the State Public Works Division of the
Department of Administration or the private certificate holder, as applicable,
shall conduct inspections of all work to determine compliance with the approved
plans, designs and specifications. An inspection of the work by the State Fire
Marshal is not required if the work is inspected by the private certificate
holder or building department.
(e) A department, agency, private certificate
holder or the State Public Works Division of the Department of Administration
is authorized to charge and collect, and the board of trustees of the county
school district is authorized to pay, a reasonable fee for:
(1) Review of the plans, designs or
specifications as required by this subsection; or
(2) The inspections conducted pursuant to
this subsection.
4. In conducting reviews pursuant to this
section, the State Public Works Division of the Department of Administration,
building department or private certificate holder, as applicable, shall verify
that the plans, designs and specifications comply with:
(a) The applicable requirements of the relevant
codes adopted by this State, including, without limitation, the applicable
requirements of any relevant codes and regulations adopted by the State Fire
Marshal;
(b) The applicable requirements of the relevant
codes adopted by the local authority having jurisdiction; and
(c) All applicable requirements of the Americans
with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations
adopted pursuant thereto, including, without limitation, the Americans with
Disabilities Act Accessibility Guidelines for Buildings and Facilities set
forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations.
The requirements of this subsection are not satisfied if the plans, designs and
specifications comply solely with the Uniform Federal Accessibility Standards
set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal
Regulations.
5. No contract for any of the purposes
specified in this section made by a board of trustees of a school district
contrary to the provisions of this section is valid, nor shall any public money
be paid for erecting, adding to or altering any school building in
contravention of this section.
6. As used in this section, “private
certificate holder” means a person who, as applicable, holds a valid
certification issued by the International Code Council or its successor:
(a) To review plans, designs and specifications
for the erection of, addition to or alteration of a school building;
(b) To inspect work to ensure that the erection
of, addition to or alteration of a school building is carried out in conformance
with the relevant plans, designs and specifications; or
(c) To perform the activities described in
paragraphs (a) and (b).
[419:32:1956]—(NRS A 1973, 728, 907; 1993, 2410, 2411; 1997, 2457; 1999, 2854; 2007, 3099; 2009, 508; 2011, 1249)
NRS 393.130 Contract for construction or repair on basis of cost plus fee. When the board of trustees of a school
district has twice followed the procedure for notice calling for bids for the
construction, repair or alteration of or an addition to a school building, as
provided in chapter 332 of NRS, if no
satisfactory bid is received, the board may receive proposals, and enter into a
contract on the basis of such proposals, on a cost-plus-a-fee basis, without
further notice calling for bids.
[421:32:1956]—(NRS A 1967, 1240; 1979, 1618)
SCHOOL SITES
NRS 393.140 Exchange, purchase, lease and acquisition of school sites and
other real property. The board of
trustees of a school district shall have the power by exchange, purchase, lease
or otherwise to acquire any school site or other real property for necessary
school purposes, including but not limited to playgrounds, athletic fields and
sites for stadiums.
[422:32:1956]—(NRS A 1957, 297; 1961, 63)
NRS 393.155 Expenditures for improvements not located on property of school
district. The board of trustees of
any school district in this State may expend money available for school
construction to make necessary improvements, including without limitation
sidewalks, curbs, gutters, street lights, traffic control signs or devices,
fire hydrants, water and sewer lines, street paving and drainage for flood
control, which are not located on the property of the school district but are
necessary or appropriate to the school construction undertaken.
(Added to NRS by 1965, 556; A 1967, 62; 1979, 299,
1618)
EQUIPMENT, SUPPLIES AND PRINTING
NRS 393.160 Powers of trustees. The
board of trustees of a school district shall have the power:
1. To purchase, rent or otherwise acquire
supplies and equipment necessary for the operation of the public schools and
other school facilities of the school district.
2. To furnish writing and drawing paper,
pens, ink, blackboards, erasers, crayons, lead pencils and other necessary
supplies for the use of the schools.
3. To repair any equipment.
[424:32:1956]
NRS 393.170 Library books, textbooks and other school supplies: Purchase;
payment for damage; ownership; penalty.
1. The board of trustees of a school
district shall purchase all new library books and supplies, all new textbooks
and supplementary schoolbooks which are necessary and have been approved by the
State Board of Education, and school supplies necessary to carry out the
mandates of the school curriculum to be used by the pupils of the school
district. The cost of the books and supplies is a legal charge against the
school district fund.
2. All books purchased by the board of
trustees must be held as property of the school district, and must be loaned to
the pupils of the school in the school district while pursuing a course of
study therein.
3. The parents and guardians of pupils are
responsible for all books and any and all other material or equipment loaned to
the children in their charge, and shall pay to the clerk of the board of
trustees, or to any other person authorized by the board to receive the same,
the full purchase price of all such books, material or equipment destroyed,
lost or so damaged as to make them unfit for use by other pupils succeeding to
their classes. The board of trustees shall establish reasonable rules and
regulations governing the care and custody of such school property, and for the
payment of fines for damage thereto.
4. Equipment and materials for use in
manual training, industrial training and teaching domestic science may be
supplied to the pupils in the same manner, out of the same fund, and on the
same terms and conditions as books. No private ownership may be acquired in
such equipment or material, unless sold in the manner prescribed by law when
such equipment or material are no longer used or required for the schools of
the school district.
5. Authorized supplementary books and desk
books for the use of teachers must be purchased under NRS
393.160 to 393.210, inclusive, and remain the
property of the school district for which they were purchased, unless sold in
accordance with the provisions of this chapter.
6. The clerk of the board of trustees
shall turn over to the county treasurer, within 30 days after receiving it, all
money, collected under the provisions of this section, and the money must be
credited to the school district fund.
7. Any person violating any of the
provisions of this section is guilty of a misdemeanor.
[425:32:1956]—(NRS A 1967, 567; 1973, 235; 1991, 478)
NRS 393.200 United States flag provided by trustees; use. The board of trustees of a school district
shall provide a suitable flag of the United States for each schoolhouse in the
school district. The flag shall be hoisted on the schoolhouse or flagpole on all
days when school is in session.
[428:32:1956]—(NRS A 1959, 809; 1979, 1618)
NRS 393.210 Printing for school district by newspaper or commercial
establishment within district; exceptions.
1. Except as otherwise provided in this
section and NRS 344.050, all public
printing required by the various school districts of this State must be placed
with a bona fide newspaper or bona fide commercial printing establishment
within the school district requiring the printing, if such a newspaper or
printing establishment exists within the district.
2. If one or more bona fide newspapers or
bona fide commercial printing establishments exist within the school district
but none is adequately equipped to do the printing, the printing must be placed
with a bona fide newspaper or bona fide commercial printing establishment in
the State adequately equipped to do the printing.
3. Printing required by school districts
must be done within the State, except that school district bonds and other
evidences of indebtedness may be printed outside the State.
4. Printing is required to be placed as
provided in this section only if satisfactory services are rendered by all such
printing establishments and reasonable charges are made therefor. As used in
this subsection, “reasonable charges” means charges not in excess of the amount
necessary to be paid for similar work in other printing establishments.
[Part 1:120:1925; A 1927, 227; NCL § 5610] +
[429:32:1956]—(NRS A 1959, 217; 1979, 1619; 2005, 1091)
SALE, LEASE OR RENTAL OF REAL PROPERTY BELONGING TO A
SCHOOL DISTRICT
NRS 393.220 Power of trustees.
1. When the board of trustees of a school
district determines that the sale, rental or lease of real property belonging
to the school district is necessary or for the best interests of the school
district, the board shall have the power to sell, rent or lease such real
property, whether acquired by purchase, dedication or otherwise.
2. The provisions of subsection 1 shall
not be construed to permit the sale, rental or lease of any real property in
contravention of any condition in a gift or devise of real property to the
school district.
[430:32:1956]—(NRS A 1969, 275)
NRS 393.240 Appointment, report and compensation of appraisers; exceptions.
1. Except as otherwise provided in this
section and NRS 393.3251 to 393.3255, inclusive, if the board of trustees
proposes to sell or lease any real property, the board shall appoint one
appraiser. A second appraiser must be appointed by the Superintendent of Public
Instruction.
2. The appraisers shall make a report to
the board of trustees of their findings and determinations of the cash market
value of the property proposed to be sold, or the rental value of the property
proposed to be leased.
3. Except as otherwise provided in this
section and NRS 393.270, no sale or lease of real
property may be made for less than the value fixed by the appraisers, but this
requirement does not apply to a conveyance without charge to another political
subdivision.
4. The compensation of each appraiser
appointed pursuant to the provisions of this section must be fixed by the board
of trustees and is a legal charge against the school district fund.
5. The board of trustees may sell real
property without an independent appraisal if the property is reasonably
determined by the board to have a fair market value of $5,000 or less.
6. If the board of trustees proposes to
sell a house or other structure that is built by pupils enrolled in a program
of instruction offered by a public school in the school district, the report
concerning the cash market value of the house or other structure required to be
submitted to the board of trustees pursuant to the provisions of subsection 2
must be prepared and submitted by an appraiser appointed by the board.
[432:32:1956]—(NRS A 1959, 809; 1969, 275; 1975, 31;
1979, 1619; 1981, 377; 2001, 588; 2003, 937)
NRS 393.245 Procedure for sale or lease of real property to bidder or
through licensed real estate broker; terms of payment; board of trustees
authorized to enter into brokerage agreement to list house or other structure
built by pupils.
1. The board of trustees may sell or lease
real property:
(a) To a responsible bidder in the manner
provided by NRS 393.250 to 393.300,
inclusive; or
(b) Through a licensed real estate broker. Except
as otherwise provided in subsection 3, an exclusive listing may not be given.
In all listings, the board of trustees shall specify the minimum price or
rental, the terms of the sale or lease, and the commission to be allowed, which
must not exceed the normal commissions prevailing in the community at the time.
2. Except as otherwise provided in this
subsection, all sales may be made for cash, or for not less than 25 percent
cash down and upon deferred payments for not more than 10 years, secured by a
mortgage or deed of trust, bearing such interest and upon such further terms as
specified by the board of trustees. The sale of a house or other structure that
is built by pupils enrolled in a program of instruction offered by a public
school in the school district may be for cash or upon such terms and conditions
as are determined by the board of trustees.
3. If the board of trustees proposes to
sell a house or other structure built by pupils enrolled in a program of
instruction offered by a public school in the school district, the board of
trustees may enter into a brokerage agreement to list the house or structure
with a real estate broker who:
(a) Is licensed in this state;
(b) Maintains an office within the county where
the school district is located; and
(c) Has been selected by the board of trustees
pursuant to the provisions of NRS 393.247.
4. The provisions of this section apply to
all sales and leases of real property, except leases and rentals subject to NRS 393.3251 to 393.3255,
inclusive, but if an appraisal is required pursuant to the provisions of NRS 393.240, the board of trustees shall not adopt the
resolution described in NRS 393.250 or otherwise
commence bidding or listing procedures until the appraisal has been received.
(Added to NRS by 1967, 269; A 1975, 32; 2001, 589)
NRS 393.247 Sale of house or other structure built by pupils authorized;
requirements for exclusive listing with real estate broker; payment of
commission to real estate broker; exemption from certain provisions.
1. The board of trustees may, after
complying with any other applicable provision of NRS
393.220 to 393.325, inclusive, sell any house
or other structure built by pupils enrolled in a program of instruction offered
by a public school in the school district by accepting written proposals for
the purchase of the house or structure at any public meeting held by the board
of trustees.
2. If the board of trustees proposes to
sell a house or other structure built by pupils enrolled in a program of
instruction offered by a public school in the school district and wishes to
give an exclusive listing to a real estate broker to sell the house or
structure, the board of trustees shall cause written notice to be published at
least once in a newspaper of general circulation within the county not less
than 30 days before adopting a resolution of intention to sell the house or
structure pursuant to the provisions of NRS 393.250.
The notice must:
(a) Describe the house or structure in such a
manner as to identify it; and
(b) Include a statement indicating that:
(1) The board of trustees intends to adopt
a resolution pursuant to the provisions of NRS 393.250
and the proposed date for its adoption; and
(2) If a real estate broker wishes to be
included in a list of prospective real estate brokers prepared pursuant to the
provisions of subsection 3, the real estate broker may provide a written notice
of that fact to the board of trustees not less than 10 days before the date
specified in subparagraph (1). To qualify for inclusion on the list, a real
estate broker must maintain an office within the county where the school
district is located.
3. Before adopting a resolution specified
in subsection 2, the board of trustees shall:
(a) Prepare a list that includes the name of each
qualified real estate broker from whom the board of trustees received a written
notice pursuant to the provisions of subparagraph (2) of paragraph (b) of
subsection 2; and
(b) Upon completion of the list, select by lottery
a real estate broker who maintains an office within the county where the school
district is located from the list.
4. If the board of trustees sells a house
or other structure built by pupils enrolled in a program of instruction offered
by a public school in the school district and if the purchaser of the house or
structure was procured by a real estate broker who was selected pursuant to the
provisions of subsection 3, the board of trustees shall pay a commission to the
real estate broker for the full amount for which the sale is confirmed. If the
real estate broker did not procure the purchaser of the house or structure, the
board of trustees shall pay one-half of the commission on the full amount for
which the sale is confirmed to the real estate broker and one-half of the
commission to the real estate broker who procured the purchaser of the
property.
5. The provisions of paragraph (c) of
subsection 2 of NRS 393.250 and NRS 393.270 and 393.280 do
not apply to the sale of a house or other structure built by pupils enrolled in
a program of instruction offered by a public school in the school district.
(Added to NRS by 2001, 587)
NRS 393.250 Adoption and contents of resolution declaring intention to sell
or lease property; additional requirements of resolution for sale of house or
other structure built by pupils.
1. Before ordering the sale or lease of
any property, the board of trustees shall, in an open meeting by a majority
vote of the members, adopt a resolution declaring its intention to sell the
property, or a resolution declaring its intention to lease it.
2. The resolution must:
(a) Describe the property proposed to be sold or
leased in such a manner as to identify it.
(b) Specify the minimum price or rental, and the
terms upon which it will be sold or leased, and the commission, if any, which
must not exceed the normal commissions prevailing in the community at the time,
which the board will pay to a licensed real estate broker.
(c) Except as otherwise provided in NRS 393.247, fix a time, not less than 3 weeks
thereafter, for a public meeting of the board of trustees to be held at its
regular place of meeting, at which sealed proposals to purchase or lease will
be received and considered.
3. In addition to the requirements
specified in subsection 2, if the property proposed to be sold is a house or
other structure built by pupils enrolled in a program of instruction offered by
a public school in the school district and the board of trustees has listed the
house or structure with a real estate broker pursuant to the provisions of
subsection 3 of NRS 393.245, the resolution
required pursuant to the provisions of this section must include:
(a) The name, business address and telephone
number of the real estate broker; and
(b) The period during which the house or
structure may be inspected by prospective purchasers.
[433:32:1956]—(NRS A 1967, 269; 1975, 32; 2001, 589)
NRS 393.260 Notice of adoption of resolution and of meeting: Posting and
publication. Notice of the
adoption of the resolution and of the time and place of holding the meeting, if
required pursuant to the provisions of paragraph (c) of subsection 2 of NRS 393.250, must be given by:
1. Posting copies of the resolution in
three public places in the school district not less than 15 days before the
date of the meeting; and
2. Publishing the resolution not less than
once a week for 2 successive weeks before the meeting in a newspaper of general
circulation published in the school district, if any such newspaper is
published therein.
[434:32:1956]—(NRS A 2001, 590)
NRS 393.270 Opening of proposals; acceptance; procedure to be followed if a
bid is not received that is at least equal to cash market value of property.
1. Except as otherwise provided in NRS 393.247, at the time and place fixed in the
resolution for the meeting of the board of trustees, each sealed proposal that
has been received must, in public session, be opened, examined and declared by
the board. Of the proposals submitted which conform to all terms and conditions
specified in the resolution of intention to sell or to lease and which are made
by responsible bidders, the proposal which is the highest must be finally
accepted, unless a higher oral bid is accepted or the board rejects all bids.
2. If the real property is subject to the
requirement of an independent appraisal pursuant to NRS
393.240 and the board of trustees does not receive a bid that is at least
equal to the cash market value of the property as determined by the appraisers,
the board of trustees may, at the session held pursuant to subsection 1 or in
an open meeting of the board of trustees held pursuant to NRS 393.250, amend the resolution, including, without
limitation, setting a time, not less than 3 weeks thereafter, for another
public meeting of the board of trustees to be held at its regular place of
meeting, at which sealed proposals to purchase or lease will again be received
and considered. If the board of trustees adopts an amended resolution pursuant
to this subsection, the board shall notice the amended resolution pursuant to NRS 393.260 and proceed in accordance with the
provisions of subsection 1.
3. If the board of trustees, upon opening
the proposals received pursuant to the amended resolution, does not receive a
bid that is at least equal to the cash market value of the property as
determined by the appraisers, the board of trustees may, at the session held
pursuant to the amended resolution or in an open meeting of the board of trustees
held pursuant to NRS 393.250, amend the resolution
a second time, including, without limitation, setting a time, not less than 3
weeks thereafter, for another public meeting of the board of trustees to be
held at its regular place of meeting, at which sealed proposals to purchase or
lease will again be received and considered. If the board of trustees adopts an
amended resolution pursuant to this subsection, the board shall notice the amended
resolution pursuant to NRS 393.260 and proceed in
accordance with the provisions of subsection 1. Of the proposals received and
considered at the meeting, the board of trustees may finally accept the
proposal which is the highest, even if that proposal is for an amount less than
the cash market value of the property as determined by the appraisers.
[435:32:1956]—(NRS A 2001, 590; 2003, 937)
NRS 393.280 Oral bids; acceptance of highest oral bid; commission for
broker. Except as otherwise
provided in NRS 393.247:
1. Before accepting any written proposal,
the board of trustees shall call for oral bids. If, upon the call for oral
bidding, any responsible person offers to purchase the property or to lease the
property, as the case may be, upon the terms and conditions specified in the
resolution, for a price or rental exceeding by at least 5 percent the highest
written proposal, after deducting the commission, if any, to be paid a licensed
real estate broker in connection therewith, the oral bid which is the highest
after deducting any commissions to be paid a licensed real estate broker in
connection therewith, which is made by a responsible person, must be finally
accepted.
2. If a sale or lease is made on a higher
oral bid to a purchaser procured by an authorized, licensed real estate broker,
other than the broker who submitted the highest written proposal, the board
shall allow a commission on the full amount for which the sale is confirmed.
One-half of the commission on the amount of the highest written proposal must
be paid to the broker who submitted it, and the balance of the commission on
the purchase price to the broker who procured the purchaser to whom the sale
was confirmed. If a sale or lease is made on a higher oral bid to a purchaser
not procured by a licensed real estate broker, the board shall allow one-half
of the commission on the amount of the highest written proposal, if that
highest written proposal was submitted by a licensed real estate broker.
[436:32:1956]—(NRS A 1967, 270; 2001, 590)
NRS 393.290 Final acceptance. The
final acceptance by the board of trustees may be made:
1. At the same session held pursuant to
the provisions of NRS 393.270;
2. At any adjourned session of the same
meeting held within the 10 days next following; or
3. If the board of trustees is selling a
house or other structure built by pupils enrolled in a program of instruction
offered by a public school in the school district, at any public meeting held
pursuant to the provisions of NRS 393.247.
[437:32:1956]—(NRS A 2001, 591)
NRS 393.300 Rejection of bids and withdrawal of property from sale or lease. The board of trustees may:
1. At the session held pursuant to the
provisions of NRS 393.270; or
2. At any public meeting held by the board
of trustees pursuant to the provisions of NRS 393.247,
Ê if it deems
such an action to be for the best public interest, reject any bid, and withdraw
the property from sale or lease.
[438:32:1956]—(NRS A 2001, 591)
NRS 393.310 Authorization to execute and deliver deed or lease. Any resolution of acceptance made by the board
of trustees of any bid or any sale through an authorized broker shall authorize
and direct the president of the board of trustees to execute a deed or lease
and to deliver it upon performance and compliance by the purchaser or lessee
with all the terms or conditions of his or her contract which are to be
performed concurrently therewith.
[439:32:1956]—(NRS A 1967, 270)
NRS 393.320 Deposit of money received from sale or lease in buildings and
sites fund. All moneys received
from rentals or sale of real property shall be deposited forthwith with the
county treasurer to be credited to the school district buildings and sites
fund.
[440:32:1956]—(NRS A 1963, 431)
NRS 393.325 Lease of school building for community center; conditions.
1. Notwithstanding any of the provisions
of NRS 393.220 to 393.320,
inclusive, the board of trustees shall have the power to lease any school
building not in use at a nominal rental for community center purposes.
2. The following conditions shall apply:
(a) The lease must be made with a nonprofit
association properly and regularly formed and maintained by residents of a
particular community or area within the school district desiring to utilize an
available school building as a community center.
(b) Any school building so leased must be used
for community center purposes only, and may not be used for private gain.
(c) The lease shall provide for cancellation of
the lease and a return of the school building to the possession of the school
district, upon 30 days’ written notice and demand, should the board of trustees
find it desirable again to operate a school within the building or should the
building cease to be used for community center purposes.
3. The lease may contain such further
provisions as the board of trustees deems appropriate, including but not
restricted to a provision for the cancellation of the lease and return of the
building under such other conditions and upon such terms as may be agreed.
(Added to NRS by 1957, 103; A 1967, 174)
LEASE OR RENTAL OF REAL PROPERTY OF SCHOOL DISTRICT HAVING
RENTAL VALUE OF $5,000 OR LESS A YEAR
NRS 393.3251 Lease or rental of certain real property without formal
appraisal; resolution of intention to lease or rent.
1. When the board of trustees determines
that the rental value of any real property belonging to the school district is
$5,000 or less a year, the board of trustees may lease or rent such property
for a year or less without obtaining a formal appraisal.
2. After determining the amount and the
terms of the lease, the board of trustees shall in open meeting by a majority
vote of the members adopt a resolution declaring its intention to lease the
property. The resolution shall:
(a) Describe the real property proposed to be
leased, and such description must be sufficiently clear to identify readily the
property involved.
(b) Specify the rental price and the use for
which the property is to be leased or rented. All leases and rentals shall be
for cash.
(c) Fix a time, not less than 1 week after
publication of notice, for a public meeting of the board of trustees to be held
at its regular place of meeting, at which time lease or rental proposals will
be heard and considered.
(Added to NRS by 1969, 274; A 1975, 164)
NRS 393.3252 Notice of adoption of resolution and of meeting: Publication. Notice of the adoption of the resolution and
the time and place of holding the meeting shall be given by publication of the
resolution at least once in a newspaper of general circulation in the school
district.
(Added to NRS by 1969, 274)
NRS 393.3253 Meeting: Procedure; call for bids; acceptance of highest oral
bid.
1. At the time and place fixed in the
notice for the meeting required by NRS 393.3251,
the clerk of the board of trustees shall read the public notice.
2. The president of the board of trustees
shall then ask for any:
(a) Protests to the proposed lease.
(b) Proposals from any individuals or
associations interested in leasing the property. The board of trustees shall
not consider any such proposal unless the amount of the rental is at least 5
percent greater than the amount specified in the original proposal and the
notice.
3. After hearing any protests or
additional proposals, the board of trustees shall determine whether to lease or
rent such property, and if so, it shall accept the highest oral bid if such bid
is made by a responsible person and meets the requirements of subsection 2.
(Added to NRS by 1969, 274)
NRS 393.3254 Renewal of lease or rental agreement; review and adjustment. Any lease or rental agreement entered into
pursuant to NRS 393.3251, 393.3252
and 393.3253 may be renewed without a public
hearing, for 3 years after the original agreement, subject to yearly review and
adjustment, at the discretion of the board of trustees, of the amount of the
rental and the terms of the lease or agreement. Any adjustment of the amount of
the rental shall not be for an amount less than that provided in the original
agreement unless the board of trustees determines that it is in the best
interest of the school district.
(Added to NRS by 1969, 274)
NRS 393.3255 Deposit of money received from lease or rental in buildings and
sites fund. All moneys received
from the rental or lease of real property pursuant to NRS
393.3251 to 393.3255, inclusive, shall be
deposited with the county treasurer of the county in which the school district
is located and shall be credited to the school district buildings and sites
fund.
(Added to NRS by 1969, 275)
EXCHANGE OF REAL PROPERTY BELONGING TO SCHOOL DISTRICT
NRS 393.326 Power of trustees.
1. When the board of trustees of a school
district determines that the exchange of real property belonging to the school
district for real property belonging to an individual, partnership or
corporation, other than a public agency as defined in NRS 277.050 or an Indian tribe, is necessary
or for the best interests of the school district, the board shall have the
power to exchange such real property, whether acquired by purchase, dedication
or otherwise.
2. The provisions of subsection 1 shall
not be construed to permit the exchange of any real property in contravention
of any condition in a gift or devise of real property to the school district.
(Added to NRS by 1961, 64; A 1999, 1161)
NRS 393.327 Manner of making exchanges. Every
exchange with an individual, partnership or corporation must be made in the
manner provided in NRS 393.326 to 393.3293, inclusive. Exchanges with public agencies
and Indian tribes must be made in the manner provided in NRS 277.050.
(Added to NRS by 1961, 64; A 1999, 1162)
NRS 393.328 Appraisers: Appointment, report and compensation.
1. When the board of trustees proposes to
exchange real property, the board shall appoint one appraiser. The owner of the
other real property proposed to be exchanged shall appoint one appraiser. A
third appraiser shall be appointed by the Superintendent of Public Instruction.
2. The appraisers shall make a report to
the board of trustees of their findings and determinations of the cash market
value of the real properties proposed to be exchanged.
3. The exchange of real property shall be
made only at the values fixed by the appraisers. If the real properties sought
to be exchanged are not of equal value, the owner of the parcel of real
property of lesser value shall pay in money to the owner of the parcel of real
property of greater value the difference.
4. The compensation of the appraisers
shall be fixed by the board of trustees, and shall be a legal charge against
the school district.
(Added to NRS by 1961, 64; A 1979, 1620)
NRS 393.329 Resolution declaring intention to exchange property: Adoption
and contents.
1. After receiving the report of the
appraisers and before ordering the exchange of any real property, the board of
trustees shall, in open meeting by a majority vote of the members, adopt a
resolution declaring the board’s intention to exchange the real property.
2. The resolution shall:
(a) Describe the real properties proposed to be
exchanged in such a manner as to identify them.
(b) Specify the cash market value of the real
properties proposed to be exchanged as determined by the appraisers.
(c) Fix a time, not less than 3 weeks thereafter,
for a public meeting of the board of trustees to be held at its regular place
of meeting, at which meeting objections to the proposed exchange may be made by
interested persons.
(Added to NRS by 1961, 64)
NRS 393.3291 Notice of adoption of resolution and of meeting: Posting and
publication. Notice of the
adoption of the resolution and of the time and place of the meeting shall be
given by:
1. Posting copies of the resolution in
three public places in the school district not less than 15 days before the
date of the meeting; and
2. Publishing the resolution not less than
once a week for 2 successive weeks before the meeting in a newspaper of general
circulation published in the school district, if any such newspaper is
published therein.
(Added to NRS by 1961, 64)
NRS 393.3292 Order for exchange; execution of necessary conveyances. After the public meeting, if the board
determines that the exchange of such real properties is necessary or for the
best interests of the school district, the board shall order that the exchange
be made, and shall direct the president of the board of trustees to execute all
necessary conveyances therefor.
(Added to NRS by 1961, 65)
NRS 393.3293 Deposit of money received from exchange in school district fund. All moneys received by a school district from
exchanges of real property as provided in subsection 3 of NRS 393.328 shall be deposited forthwith with the
county treasurer to be credited to the school district fund, unless the board
of trustees of such county school district has elected to establish and
administer a separate account under NRS
354.603 for the school district fund, in which case such moneys shall be
placed in such separate account.
(Added to NRS by 1961, 65; A 1971, 1349; 1975, 1810)
DIVISION OF PROPERTY UPON ABOLISHMENT OF COUNTY OR CHANGE
OF BOUNDARIES OF COUNTY
NRS 393.370 Abolishment of county.
1. When a county is abolished as provided
in Section 36 of Article 4 of the
Constitution of the State of Nevada, and NRS
243.420 to 243.455, inclusive, and
all the territory thereof is included within an existing county, the property
of the abolished school district shall become the property of the county school
district to which the territory is annexed.
2. When a county is abolished as provided
in Section 36 of Article 4 of the
Constitution of the State of Nevada, and NRS
243.420 to 243.455, inclusive, and
all the territory thereof is included within the territory of two or more existing
counties, the personal property of the abolished school district shall be
divided among the county school districts to which the territory is attached in
the same proportion as the ratio of the assessed valuation of the territory
added to each county bears to the total assessed valuation of the abolished
county. All real property of the school district situated in the territory
added to a county shall become the property of the school district of which it
becomes a part.
[445:32:1956]
NRS 393.380 Change of county’s boundaries. When
a portion of a county is detached and annexed to another county, the personal
property of the school district whose boundaries are conterminous with the
boundaries of the county from which territory is annexed shall be divided
between the school districts in the same proportion as the ratio of the
assessed valuation of the territory detached to the total assessed valuation of
the territory of the county before the portion was detached and annexed. All
real property of the school district situated in the portion of the county
detached and annexed shall become the property of the school district of which
it becomes a part.
[446:32:1956]
UNLAWFUL ACTS
NRS 393.400 Surreptitious electronic surveillance; exceptions.
1. Except as otherwise provided in
subsection 2, it is unlawful for a person to engage in any kind of
surreptitious electronic surveillance on any property of a public school
without the knowledge of the person being observed.
2. Subsection 1 does not apply to any
electronic surveillance:
(a) Authorized by a court order issued to a
public officer, based upon a showing of probable cause to believe that criminal
activity is occurring on the property of the public school under surveillance;
(b) By a law enforcement agency pursuant to a
criminal investigation;
(c) Which is necessary as part of a system of
security used to protect and ensure the safety of persons on the property of
the public school; or
(d) Of a class or laboratory when authorized by
the teacher of the class or laboratory.
(Added to NRS by 1993, 2138)
NRS 393.405 Use of diisocyanate in maintenance or repair of building owned
or operated by school while certain persons are present; penalty.
1. It is unlawful for a person who knows
or in the exercise of reasonable care should know that a substance or material
contains at least one-tenth of 1 percent by weight or volume of a diisocyanate
to use, or cause or permit another person to use, the substance or material in
the maintenance or repair of a building owned or operated by a school district
while any person who is not necessary to the maintenance or repair is present
in the building.
2. A person who knows or in the exercise
of reasonable care should know that a substance or material which contains at
least one-tenth of 1 percent by weight or volume of a diisocyanate has been
used in the maintenance or repair of a building owned or operated by a school
district shall ensure that the building is not occupied for at least 4 hours
following the use of that substance or material by any person who is not
necessary to the maintenance or repair.
3. A person who violates subsection 1 or 2
is guilty of a gross misdemeanor.
4. For the purposes of this section,
“diisocyanate” includes, without limitation, toluene diisocyanate (TDI),
methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI).
(Added to NRS by 1997, 3352)
NRS 393.410 Damage to school property; nuisance; loitering; trespass;
penalties.
1. It is unlawful for any person:
(a) Willfully and maliciously to injure, mark or
deface any public schoolhouse, its fixtures, books or appurtenances;
(b) To commit any nuisance in any public
schoolhouse;
(c) To loiter on or near the school grounds; or
(d) Purposely and maliciously to commit any
trespass upon the grounds attached to a public schoolhouse, or any fixtures
placed thereon, or any enclosure or sidewalk about the same.
2. Except as otherwise provided in
subsection 3, any person violating any of the provisions of this section is
guilty of a public offense, as prescribed in NRS
193.155, proportionate to the value of the property damaged or destroyed
and in no event less than a misdemeanor.
3. Any person who is in possession of a
dangerous weapon during his or her commission of a violation of paragraph (b),
(c) or (d) of subsection 1 is guilty of a gross misdemeanor.
4. As used in this section:
(a) “Dangerous knife” means a knife having a
blade that is 2 inches or more in length when measured from the tip of the
knife which is customarily sharpened to the unsharpened extension of the blade
which forms the hinge connecting the blade to the handle.
(b) “Dangerous weapon” means:
(1) An explosive or incendiary device;
(2) A dirk, dagger, switchblade knife or
dangerous knife;
(3) A nunchaku or trefoil;
(4) A blackjack or billy club or metal
knuckles; or
(5) A pistol, revolver or other firearm.
(c) “Explosive or incendiary device” has the
meaning ascribed to it in NRS 202.253.
(d) “Nunchaku” has the meaning ascribed to it in NRS 202.350.
(e) “Switchblade knife” has the meaning ascribed
to it in NRS 202.350.
(f) “Trefoil” has the meaning ascribed to it in NRS 202.350.
[415:32:1956]—(NRS A 1967, 567; 1993, 40; 2001, 807)
