[Rev. 2/10/2015 5:21:11
PM--2014R2]
CHAPTER 394 - PRIVATE EDUCATIONAL
INSTITUTIONS AND ESTABLISHMENTS
GENERAL PROVISIONS
NRS 394.005 Definitions.
NRS 394.006 “Accredited”
defined.
NRS 394.007 “Administrator”
defined.
NRS 394.009 “Agent”
defined.
NRS 394.011 “Agent’s
permit” defined.
NRS 394.017 “Board”
defined.
NRS 394.023 “Commission”
defined.
NRS 394.024 “Commissioner”
defined.
NRS 394.026 “Confidential”
defined.
NRS 394.035 “Document
of indebtedness” defined.
NRS 394.037 “Driving
school” defined.
NRS 394.041 “Education”
and “educational services” defined.
NRS 394.043 “Educational
credentials” defined.
NRS 394.045 “Elementary
and secondary educational institutions” defined.
NRS 394.047 “Entity”
defined.
NRS 394.057 “Granting”
defined.
NRS 394.071 “Lending
agency” defined.
NRS 394.075 “License”
defined.
NRS 394.087 “Offer”
defined.
NRS 394.091 “Operate”
defined.
NRS 394.093 “Ownership”
defined.
NRS 394.098 “Postsecondary
education” defined.
NRS 394.099 “Postsecondary
educational institution” defined.
NRS 394.103 “Private
schools” defined.
NRS 394.112 “Superintendent”
defined.
NRS 394.125 Legislative
statement of policy and purpose of chapter.
INSTRUCTION; ADMISSION; REQUIREMENTS OF TEACHERS
NRS 394.130 Required
instruction; provisions governing cardiopulmonary resuscitation and automated
external defibrillator for health course in private secondary school; reports;
religious instruction; no right to share in apportionment of money for public
schools.
NRS 394.145 Documents
required for permanent admission; name under which child must be admitted;
failure or refusal to furnish accurate documents; penalty.
NRS 394.147 Petition
for order of court permitting admission of child under name other than that
appearing on birth certificate or record of attendance.
NRS 394.150 Instruction
in United States Constitution and Nevada’s Constitution; exception;
examination.
NRS 394.160 Teachers
required to show knowledge of United States Constitution and Nevada’s
Constitution.
CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT FOR SEXUAL OFFENSE
OR SEXUALLY MOTIVATED ACT
NRS 394.162 Definitions.
NRS 394.163 “Notification”
defined.
NRS 394.164 “Offender”
defined.
NRS 394.1643 “Sexual
offense” defined.
NRS 394.1647 “Sexually
motivated act” defined.
NRS 394.165 “Victim”
defined.
NRS 394.166 Offender
prohibited from attending school victim attends without court approval.
NRS 394.167 Confidentiality
of name of victim; immunity from liability if name released under certain
circumstances.
CRISIS AND EMERGENCY RESPONSE IN PRIVATE SCHOOLS
NRS 394.168 Definitions.
NRS 394.1681 “Crisis”
defined.
NRS 394.1682 “Development
committee” defined.
NRS 394.16823 “Emergency”
defined.
NRS 394.16825 “Local
organization for emergency management” defined.
NRS 394.1683 “School
committee” defined.
NRS 394.1685 Development
committee: Establishment by private school; membership; terms of members.
NRS 394.1687 Development
committee: Development of plan to be used by private school in responding to
crisis or emergency; submission of plan to governing body of private school;
compliance with plan required.
NRS 394.1688 Annual
review and update of plan for responding to crisis or emergency; maintenance,
posting and distribution of plan; annual training for school employees.
NRS 394.169 School
committee: Establishment; membership; terms of members.
NRS 394.1691 School
committee: Annual review of plan prepared by development committee;
determination whether to request deviation from plan; notice of review.
NRS 394.1692 Review
by development committee of proposed deviation from plan; notice of approval or
denial; submission of copy of approved deviation to governing body of private
school.
NRS 394.1694 Adoption
of regulations concerning development of plans in responding to crisis or
emergency, review of proposed deviations and requirements for training.
NRS 394.1696 Duties
of principal or other person in charge of private school if crisis or emergency
occurs at school; determination by local agency whether crisis or emergency
requires assistance from state agency; duties of Division of Emergency
Management of Department of Public Safety.
NRS 394.1698 Confidentiality
of plans, approved deviations and certain other information.
NRS 394.1699 Inapplicability
of Open Meeting Law to development committee, school committee and certain
meetings of State Board related to crisis and emergency response.
HEALTH AND SAFETY; THREATS OF
VIOLENCE; PARENTAL LEAVE FROM EMPLOYMENT; SCHOOL PROPERTY
NRS 394.170 Drills
to instruct pupils in appropriate procedures to be followed in event of
emergency; regulations of State Fire Marshal; posting of section; enforcement;
penalty.
NRS 394.175 Establishment
of program of information concerning missing children; distribution of
materials by Attorney General and State Board.
NRS 394.177 Immunity
from civil liability for reporting threat of violence against school official,
school employee or pupil; exceptions.
NRS 394.178 Threatening
to cause bodily harm or death to pupil or school employee by means of oral,
written or electronic communication; penalties.
NRS 394.179 Parental
involvement: Employer required to grant leave to parent to participate in
school conferences and other school-related activities; conditions; exception.
NRS 394.1795 Employer
prohibited from threatening or taking retaliatory action against parent for
parent’s participation in certain school conferences and school-related
activities; penalty; authorization for parent to file claim with Labor
Commissioner.
NRS 394.180 Damage
to property; nuisance; loitering; trespass; disturbance of school; penalty.
NRS 394.185 Maintenance
and availability of material safety data sheet for hazardous materials used on
school buildings or grounds.
NRS 394.187 Unlawful
to use diisocyanate in maintenance or repair of building owned or operated by
school while certain persons are present; penalty.
NRS 394.190 Applicability
of provisions governing condition, equipment and identification of vehicle used
for transportation of pupils; standards for new school buses purchased on and
after January 1, 2016; inspection; penalty.
NRS 394.192 Immunization
of pupils: Certificate prerequisite to enrollment; conditional enrollment;
effect of failure to immunize; report to Division of Public and Behavioral
Health; inclusion of certificate in pupil’s record.
NRS 394.193 Immunization
of pupils: Exemption if prohibited by religious belief.
NRS 394.194 Immunization
of pupils: Exemption if prevented by medical condition.
NRS 394.196 Immunization
of pupils: Additional requirements imposed after enrollment; additional
certificate required.
NRS 394.198 Immunization
of pupils: Protection of child exempt from immunization if dangerous disease
exists in school.
NRS 394.199 Immunization
of pupils: Penalty for refusal to remove child from school when required by
law.
MAINTENANCE AND ADMINISTRATION OF AUTO-INJECTABLE EPINEPHRINE;
FOOD ALLERGIES AND ANAPHYLAXIS
NRS 394.1995 Order
of physician for doses of epinephrine maintained by private school; school personnel
authorized to administer; storage in secure location.
NRS 394.1997 Training
concerning food allergies and development of comprehensive action plan
concerning anaphylaxis.
PRIVATE ELEMENTARY AND SECONDARY EDUCATIONAL INSTITUTIONS
Private Elementary and Secondary Education Authorization Act:
Exemptions; Maintenance and Operation; Licensing; Agents’ Permits; Unlawful
Acts
NRS 394.201 Short
title.
NRS 394.211 Exemptions
from Act; filing of exemption with State Board; inspection of exempt
institution; written notice to parent of exemption.
NRS 394.221 Duties
of Board and Superintendent.
NRS 394.231 Powers
of Superintendent.
NRS 394.241 Maintenance
and operation in compliance with minimum standards; accreditation as evidence
of compliance.
NRS 394.245 Inspection
of elementary and secondary educational institutions required.
NRS 394.251 License:
Application; issuance; term; change in ownership; renewal.
NRS 394.261 Agent’s
permit: Requirements for issuance and renewal; term. [Effective until the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 394.261 Agent’s
permit: Requirements for issuance and renewal; term. [Effective on the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 394.263 Additional
requirements for issuance and renewal of agent’s permit: Statement regarding
obligation of child support; grounds for denial of permit; duty of
Superintendent of Public Instruction. [Effective until the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 394.271 Surety
bond or certificate of deposit.
NRS 394.281 Denial
of license or permit: Notice; extension of time to correct deficiencies.
NRS 394.291 Denial
or revocation of or condition on license or permit: Hearing.
NRS 394.295 Mandatory
suspension of agent’s permit for failure to pay child support or comply with
certain subpoenas or warrants; reinstatement of permit. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 394.301 Revocation
of or condition on license or permit: Notification.
NRS 394.311 Filing
of notice of complaint for violation; procedure; investigation; hearing;
remedies.
NRS 394.321 Postponement
of effective date of action pending review.
NRS 394.331 Fees.
NRS 394.341 Discontinuance
of operations: Academic records filed with Superintendent; seizure of records.
NRS 394.351 Unlawful
acts.
Use of Aversive Intervention, Physical Restraint and
Mechanical Restraint on Pupils With Disabilities
NRS 394.353 Definitions.
NRS 394.354 “Aversive
intervention” defined.
NRS 394.355 “Chemical
restraint” defined.
NRS 394.356 “Corporal
punishment” defined.
NRS 394.357 “Electric
shock” defined.
NRS 394.358 “Emergency”
defined.
NRS 394.359 “Individualized
education program team” defined.
NRS 394.362 “Mechanical
restraint” defined.
NRS 394.363 “Physical
restraint” defined.
NRS 394.364 “Pupil
with a disability” defined.
NRS 394.365 “Verbal
and mental abuse” defined.
NRS 394.366 Aversive
intervention prohibited.
NRS 394.367 Physical
restraint and mechanical restraint prohibited; exceptions.
NRS 394.368 Conditions
under which physical restraint may be used; report required; requirements if
pupil has three or five reports of restraint in 1 school year.
NRS 394.369 Conditions
under which mechanical restraint may be used; report required; requirements if
pupil has three or five reports of use in 1 school year.
NRS 394.372 Education
and training for staff.
NRS 394.375 Disciplinary
action against person for intentional violation.
NRS 394.376 Report
of violation; corrective plan required.
NRS 394.377 Retaliation
for reporting violation prohibited.
NRS 394.378 Reporting
of denial of rights; investigation and resolution of disputes by
Superintendent.
NRS 394.379 Annual
report by private schools on use of restraint and violations; compilation of
reports by Department; submission of compilation to Legislature.
COMMISSION ON POSTSECONDARY EDUCATION; PRIVATE POSTSECONDARY
EDUCATIONAL INSTITUTIONS
NRS 394.383 Commission:
Creation; number, appointment and compensation of members; expenses of
employees.
NRS 394.385 Commission:
Qualifications of members; officers; meetings; quorum; removal of Commissioners.
NRS 394.411 Regulations
of Commission; administration by Administrator.
NRS 394.415 Licensing
of postsecondary educational institution.
NRS 394.421 Powers
and duties of Commission.
NRS 394.430 Powers
and duties of Administrator.
NRS 394.440 Information
and expert witnesses to be provided by other state agencies; consultation with
experts outside State Government.
NRS 394.441 Information
provided to students before enrollment; educational credentials for students;
maintenance of records; copy of agreement to enroll provided to student;
posting of certain information at institution.
NRS 394.443 Procedure
for grievances; receipt for payment by student; annual report to Commission.
NRS 394.445 Financial
condition; false or misleading advertising prohibited; employment of personnel.
NRS 394.447 Accreditation
as evidence of compliance with minimum standards.
NRS 394.449 Requirements
of policy for refunds by institutions.
NRS 394.450 Quality
and content of courses and programs; adequate facilities, materials and
personnel; compliance with ordinances and laws; adequate housing for students.
NRS 394.455 Evaluation
prerequisite to licensing of unaccredited institution; panel of evaluators;
reports; response by institution; acceptance or rejection of recommendations of
panel.
NRS 394.460 License:
Application; issuance; provisional license; term; change in ownership or
location; addition to facilities; renewal.
NRS 394.463 Payment
by institution of subsistence and travel for inspections and certain meetings
of Commission; claims.
NRS 394.465 Background
investigation of certain applicants for employment with postsecondary
educational institution; confidentiality of results; payment of cost by
applicant; exception to requirements for certain applicants.
NRS 394.470 Agent’s
permit: Requirements for issuance and renewal; term. [Effective until the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 394.470 Agent’s
permit: Requirements for issuance and renewal; term. [Effective on the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 394.473 Additional
requirements for issuance and renewal of agent’s permit: Statement regarding
obligation of child support; grounds for denial of permit; duty of
Administrator. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
NRS 394.474 Additional
requirements for renewal of agent’s permit: Information regarding whether
applicant has state business license; grounds for nonrenewal.
NRS 394.475 Authorization
by Administrator for employment of agents by postsecondary educational
institution.
NRS 394.480 Surety
bond required of certain institutions; Commission authorized to require
additional bond; release of surety on bond; suspension of agent’s permit if
institution not covered by bond.
NRS 394.490 Denial
of license, permit or authorization: Notice; extension of time to correct
deficiencies.
NRS 394.500 Denial
of permit or authorization: Hearing.
NRS 394.510 Revocation
of or conditions on license or permit: Grounds; notification; cessation of
operations; administrative fine.
NRS 394.515 Mandatory
suspension of agent’s permit for failure to pay child support or comply with
certain subpoenas or warrants; reinstatement of permit. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 394.520 Complaint
of violation: Procedure; hearing; remedies.
NRS 394.530 Postponement
of effective date of action pending review.
NRS 394.540 Fees.
NRS 394.545 Location,
equipment and insurance requirements of driving school; action by Department of
Motor Vehicles authorized.
NRS 394.550 Discontinuance
of operations: Academic records filed with Administrator; seizure of records.
NRS 394.553 Account
for Student Indemnification.
NRS 394.557 Fee
to be paid to Administrator for students who enroll in certain programs.
NRS 394.560 Unlawful
acts.
ENFORCEMENT AND PENALTIES
NRS 394.570 Legislative
appropriations.
NRS 394.580 Jurisdiction;
service of process.
NRS 394.590 Documents
of indebtedness and related agreements: Restrictions and requirements.
NRS 394.600 Action
for enforcement; injunctive relief.
NRS 394.610 Penalty.
RESTRICTIONS ON USE OF TERMS AND GRANTING DEGREES
NRS 394.620 Definitions.
NRS 394.625 Use
of “university,” “college” and similar terms; regulations.
NRS 394.630 Awarding
degrees.
NRS 394.640 Advertising
awarding of degrees.
NRS 394.650 Civil
penalty.
NRS 394.660 Injunction.
NRS 394.670 Criminal
penalty.
USE OF FALSE OR MISLEADING DEGREES
NRS 394.700 Prohibition;
penalty.
_________
_________
GENERAL PROVISIONS
NRS 394.005 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 394.006 to 394.112, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1975, 1498; A 1979, 1620; 1985, 990; 1989, 1458)
NRS 394.006 “Accredited” defined. A
postsecondary educational institution is “accredited” if it has met the
standards required by an accrediting body recognized by the United States
Department of Education.
(Added to NRS by 1985, 987; A 1997, 176)
NRS 394.007 “Administrator” defined. “Administrator”
means the Administrator of the Commission on Postsecondary Education.
(Added to NRS by 1975, 1498; A 1979, 700)
NRS 394.009 “Agent” defined. “Agent”
means:
1. In the case of a private elementary or
secondary educational institution, a natural person owning an interest in,
employed by or representing for remuneration any such institution within or
outside this state, or who holds himself or herself out to residents of this
state as representing any such institution for any purpose.
2. In the case of a postsecondary
educational institution, a natural person representing the institution while
off its premises and having the authority:
(a) To obligate the institution or a prospective
student of the institution; or
(b) To accept money, on behalf of the
institution, from any prospective student.
(Added to NRS by 1975, 1498; A 1989, 1458)
NRS 394.011 “Agent’s permit” defined. “Agent’s
permit” means a nontransferable written authorization issued to a natural
person by the Board or Commission which allows that person to solicit or enroll
any resident of this State for education in a private elementary, secondary or
postsecondary educational institution.
(Added to NRS by 1975, 1498)
NRS 394.017 “Board” defined. “Board”
means the State Board of Education.
(Added to NRS by 1975, 1498)
NRS 394.023 “Commission” defined. “Commission”
means the Commission on Postsecondary Education.
(Added to NRS by 1975, 1498; A 1979, 700)
NRS 394.024 “Commissioner” defined. “Commissioner”
means any member of the Commission on Postsecondary Education except the
Administrator.
(Added to NRS by 1975, 1498; A 1979, 700)
NRS 394.026 “Confidential” defined. “Confidential”
means information that is subject to disclosure only to:
1. The Attorney General;
2. A member of the Commission or its
staff; or
3. As deemed appropriate by the
Administrator, a person responsible for reviewing the curriculum or financial
records of a postsecondary educational institution.
(Added to NRS by 1989, 1457; A 1997, 950)
NRS 394.035 “Document of indebtedness” defined. “Document
of indebtedness” means any contract, note, instrument or other evidence of
indebtedness entered into by a resident of this state and a private elementary,
secondary or postsecondary educational institution, its agent or lending agency
specifying the terms of payment for educational services to be provided by any
private elementary, secondary or postsecondary educational institution.
(Added to NRS by 1975, 1498)
NRS 394.037 “Driving school” defined. “Driving
school” means a postsecondary educational institution that trains its students
to drive motor vehicles as a vocation. The term does not include the Program
for the Education of Motorcycle Riders established pursuant to NRS 486.372.
(Added to NRS by 1985, 987; A 1991, 1067)
NRS 394.041 “Education” and “educational services” defined. “Education” or “educational services” includes
any class, course or program of training, instruction or study.
(Added to NRS by 1975, 1498)
NRS 394.043 “Educational credentials” defined. “Educational
credentials” means degrees, diplomas, certificates, transcripts, reports,
documents or letters of designation, marks, appellations, series of letters,
numbers or words which signify, purport to signify or are generally taken to
signify enrollment, attendance, progress or satisfactory completion of the
requirements or prerequisites for education at a private elementary, secondary
or postsecondary educational institution.
(Added to NRS by 1975, 1498)
NRS 394.045 “Elementary and secondary educational institutions” defined. “Elementary and secondary educational
institutions” includes an academic, vocational, technical, correspondence,
business or other school or other person offering educational credentials,
diplomas or certificates, or offering instruction or educational services. This
term includes all grades from kindergarten through the twelfth grade.
(Added to NRS by 1975, 1499; A 1987, 1308; 1991, 975)
NRS 394.047 “Entity” defined. “Entity”
includes any company, firm, society, association, partnership, corporation and
trust.
(Added to NRS by 1975, 1499)
NRS 394.057 “Granting” defined. “Granting”
includes awarding, selling, conferring, bestowing or giving.
(Added to NRS by 1975, 1499; A 1979, 1620)
NRS 394.071 “Lending agency” defined. “Lending
agency” means:
1. Any private elementary, secondary or
postsecondary educational institution;
2. Any person controlling, controlled by
or held in common ownership with an elementary, secondary or postsecondary
institution; or
3. Any person regularly loaning money to
such an educational institution or its students.
(Added to NRS by 1975, 1499)
NRS 394.075 “License” defined. “License”
means the written authorization of the Board or Commission to operate or to
contract to operate a private elementary, secondary or postsecondary
educational institution.
(Added to NRS by 1975, 1499)
NRS 394.087 “Offer” defined. “Offer”
includes, in addition to its usual meanings, advertising, publicizing,
soliciting or encouraging any person, directly or indirectly in any form, to
perform the act described.
(Added to NRS by 1975, 1499)
NRS 394.091 “Operate” defined. “Operate”
means to establish or maintain any facility in this state from or through which
education or educational credentials are offered or granted, and includes
contracting with any person, group or entity for the purpose of providing
education or educational credentials.
(Added to NRS by 1975, 1499)
NRS 394.093 “Ownership” defined. “Ownership”
means ownership of a controlling interest in a private elementary, secondary or
postsecondary educational institution or ownership of a controlling interest in
the legal entity owning or controlling the institution.
(Added to NRS by 1975, 1499)
NRS 394.098 “Postsecondary education” defined. “Postsecondary
education” is limited to education or educational services offered by an
institution which is privately owned to persons who have completed or
terminated their elementary and secondary education or who are beyond the age
of compulsory school attendance for the attainment of academic, professional or
vocational objectives.
(Added to NRS by 1975, 1499; A 1985, 991)
NRS 394.099 “Postsecondary educational institution” defined. “Postsecondary educational institution” means
an academic, vocational, technical, home study, business, professional or other
school, college or university that is privately owned, or any person offering
postsecondary education if he or she:
1. Is not licensed as a postsecondary
educational institution in this state by a federal or another state agency;
2. Charges tuition, requires or requests
donations or receives any consideration from a student for any portion of the
instruction, including written or audiovisual material;
3. Educates or trains persons who are not
his or her employees; and
4. Educates or trains, or claims or offers
to educate or train, students in a program leading toward:
(a) Employment at a beginning or advanced level;
(b) Educational credentials;
(c) Credits that are intended to be applied
toward an educational credential awarded in another state which does not
require the person to obtain a majority of the credits required in that state;
or
(d) Preparation for examinations for initial
licensing in a profession or vocation.
Ê The term
includes a branch or extension of a public or private postsecondary educational
institution of another state that is located in this state or which offers
educational services or education in this state. The term does not include an
institution or person offering only educational services or programs at the
introductory level on the use of computer software to persons who have
purchased that software from the institution or person.
(Added to NRS by 1975, 1499; A 1985, 991; 1989, 1458; 1999, 2115)
NRS 394.103 “Private schools” defined. “Private
schools” means private elementary and secondary educational institutions. The
term does not include a home in which instruction is provided to a child who is
excused from compulsory attendance pursuant to subsection 1 of NRS 392.070.
(Added to NRS by 1975, 1499; A 1991, 975; 1999, 3319)
NRS 394.112 “Superintendent” defined. “Superintendent”
means the Superintendent of Public Instruction.
(Added to NRS by 1979, 1620)
NRS 394.125 Legislative statement of policy and purpose of chapter. It is the policy of this State to encourage
and enable its residents to receive an education commensurate with their
respective talents and desires. The Legislature recognizes that privately owned
institutions offering elementary, secondary and postsecondary education and
vocational and professional instruction perform a necessary service to the
residents of this State. It is the purpose of this chapter to provide for the
protection, education and welfare of the residents of the State of Nevada, its
educational, vocational and professional institutions, and its students, by:
1. Establishing minimum standards
concerning quality of education, ethical and business practices, health and
safety, and fiscal responsibility, to protect against substandard, transient,
unethical, deceptive or fraudulent institutions and practices;
2. Prohibiting the granting of false or
misleading educational credentials;
3. Prohibiting the use or attempted use of
false or misleading degrees and honorary degrees and the use or attempted use
of degrees and honorary degrees in a false or misleading manner;
4. Regulating the use of academic
terminology in naming or otherwise designating educational institutions;
5. Prohibiting misleading literature,
advertising, solicitation or representation by educational institutions or
their agents;
6. Providing for the preservation of
essential academic records; and
7. Providing certain rights and remedies
to the consuming public and the Commission and the Board necessary to
effectuate the purposes of this chapter.
(Added to NRS by 1975, 1499; A 2005, 618)
INSTRUCTION; ADMISSION; REQUIREMENTS OF TEACHERS
NRS 394.130 Required instruction; provisions governing cardiopulmonary resuscitation
and automated external defibrillator for health course in private secondary
school; reports; religious instruction; no right to share in apportionment of
money for public schools.
1. In order to secure uniform and standard
work for pupils in private schools in this State, instruction in the subjects
required by law for pupils in the public schools shall be required of pupils
receiving instruction in such private schools, either under the regular state
courses of study prescribed by the Board or under courses of study prepared by
such private schools and approved by the Board.
2. A course of study in health provided at
a private secondary school must include, to the extent money is available for
this purpose and for the grade levels determined by the private school,
instruction in:
(a) The administration of hands-only or compression-only
cardiopulmonary resuscitation, including a psychomotor skill-based component,
according to the guidelines of the American Red Cross or American Heart
Association; and
(b) The use of an automated external
defibrillator.
3. If a course of study in health in a
private secondary school includes instruction in cardiopulmonary resuscitation
and the use of an automated external defibrillator:
(a) A teacher who provides the instruction is not
required to hold certification in the administration of cardiopulmonary
resuscitation.
(b) The private school may collaborate with
entities to assist in the provision of the instruction and the provision of
equipment necessary for the instruction, including, without limitation, fire
departments, hospitals, colleges and universities and public health agencies.
(c) A pupil who is enrolled in a course of study
in health through a program of distance education or a pupil with a disability
who cannot perform the tasks included in the instruction is not required to complete
the instruction to pass the course of study in health.
4. Such private schools shall be required
to furnish from time to time such reports as the Superintendent of Public
Instruction may find necessary as to enrollment, attendance and general progress
within such schools.
5. Nothing in this section shall be so
construed as:
(a) To interfere with the right of the proper
authorities having charge of private schools to give religious instruction to
the pupils enrolled therein.
(b) To give such private schools any right to
share in the public school funds apportioned for the support of the public
schools of this State.
[459:32:1956]—(NRS A 2013, 2262)
NRS 394.145 Documents required for permanent admission; name under which
child must be admitted; failure or refusal to furnish accurate documents;
penalty.
1. A private elementary or secondary
school in this State shall not permanently admit any child until the parent or
guardian of the child furnishes a birth certificate or other document suitable
as proof of the child’s identity and, if applicable, a copy of the child’s
records from the school the child most recently attended.
2. Except as otherwise provided in
subsection 3, a child must be admitted to a school under his or her name as it
appears in the identifying document or records required by subsection 1, unless
the parent or guardian furnishes a court order or decree authorizing a change
of name or directing the principal or other person in charge of that school to
admit the child under a name other than the name which appears in the
identifying document or records.
3. A child who is in the custody of the
agency which provides child welfare services, as defined in NRS 432B.030, may be admitted to a
school under a name other than the name which appears in the identifying
document or records required by subsection 1 if the court determines that to do
so would be in the best interests of the child.
4. If the parent or guardian fails to
furnish the identifying document or records required by subsection 1 within 30
days after the child is conditionally admitted, the principal or other person
in charge of the school shall notify the local law enforcement agency and
request a determination as to whether the child has been reported as missing.
5. Any parent, guardian or other person
who, with intent to deceive under this section:
(a) Presents a false birth certificate or record
of attendance at school; or
(b) Refuses to furnish a suitable identifying
document, record of attendance at school or proof of change of name, upon
request by a local law enforcement agency conducting an investigation in
response to notification pursuant to subsection 4,
Ê of a child
under 18 years of age who is under his or her control or charge, is guilty of a
misdemeanor.
(Added to NRS by 1985, 2169; A 1987, 213; 1993, 2692; 2001
Special Session, 22; 2007, 1085, 2184)
NRS 394.147 Petition for order of court permitting admission of child under
name other than that appearing on birth certificate or record of attendance. A parent or guardian who has legal custody of
a child may petition the appropriate district court for an order directing the
principal or other person in charge of a private elementary or secondary school
in this state to admit the child to that school under a name other than the
name which appears in the identifying document or records required by
subsection 1 of NRS 394.145. The court shall issue
the order if it determines that to do so would be in the best interests of the
child.
(Added to NRS by 1987, 213)
NRS 394.150 Instruction in United States Constitution and Nevada’s
Constitution; exception; examination.
1. In all private schools, colleges and
universities located within this state, except those operated exclusively for
employees of the Department of Defense of the Federal Government and their
families, instruction must be given in the essentials of the Constitution of
the United States and the Constitution of the State of Nevada, including the
origin and history of the Constitutions and the study of and devotion to
American institutions and ideals.
2. The instruction required in subsection
1 must be given during at least 1 year each of the elementary, high school and
college grades.
3. A student in such schools must not
receive a certificate or diploma of graduation without having passed an
examination upon the Constitutions.
[461:32:1956]—(NRS A 1985, 991)
NRS 394.160 Teachers required to show knowledge of United States
Constitution and Nevada’s Constitution.
1. Any person who has the duty, in a
private school, college or university in this state, of giving instruction in
the Constitution of the United States and the Constitution of the State of
Nevada must show, by examination or credentials showing college, university or
normal school study, satisfactory evidence of adequate knowledge of the origin,
history, provisions and principles of the Constitution of the United States and
the Constitution of the State of Nevada.
2. The Superintendent with respect to a
private school or the Administrator with respect to a private college or
university may grant a reasonable time for compliance with the terms of this
section.
[462:32:1956]—(NRS A 1979, 1620; 1985, 992)
CHILDREN WHO HAVE BEEN ADJUDICATED DELINQUENT FOR SEXUAL
OFFENSE OR SEXUALLY MOTIVATED ACT
NRS 394.162 Definitions. As
used in NRS 394.162 to 394.167,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 394.163 to 394.165,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 429; A 2001, 2071)
NRS 394.163 “Notification” defined. “Notification”
means a notification which indicates that a child has been adjudicated
delinquent for a sexual offense or a sexually motivated act and which is
provided by a probation officer or parole officer pursuant to NRS 62F.120.
(Added to NRS by 1997, 429; A 2001, 2071; 2003, 1147)
NRS 394.164 “Offender” defined. “Offender”
means a child identified in a notification as the child who has been
adjudicated delinquent for a sexual offense or a sexually motivated act.
(Added to NRS by 1997, 429; A 2001, 2071)
NRS 394.1643 “Sexual offense” defined. “Sexual
offense” has the meaning ascribed to it in NRS
62F.100.
(Added to NRS by 2001, 2071; A 2003, 1147)
NRS 394.1647 “Sexually motivated act” defined. “Sexually
motivated act” has the meaning ascribed to it in NRS 62A.320.
(Added to NRS by 2001, 2071; A 2003, 1147)
NRS 394.165 “Victim” defined. “Victim”
means a child identified in a notification as a victim of a sexual offense or a
sexually motivated act committed by the offender.
(Added to NRS by 1997, 429; A 2001, 2071)
NRS 394.166 Offender prohibited from attending school victim attends without
court approval. If the executive
head of a private school receives notification and a victim identified in the
notification is attending a private school under his or her authority, the
executive head shall not permit an offender who is subject to the provisions of
NRS 62F.100 to 62F.150, inclusive, to attend the
private school that a victim is attending unless:
1. An alternative plan of supervision is
approved by the court pursuant to NRS
62F.130; or
2. An alternative plan of attendance is
approved by the court pursuant to NRS
62F.140.
(Added to NRS by 1997, 429; A 2001, 2071; 2003, 1147)
NRS 394.167 Confidentiality of name of victim; immunity from liability if
name released under certain circumstances.
1. If the executive head of a private
school receives notification, the executive head shall not release the name of
the offender or the name of a victim to another person unless required by law
or authorized by an order of the court.
2. A person who obtains the name of the
offender or the name of a victim pursuant to law or an order of the court shall
not release the name of the offender or the name of a victim to another person
unless required by law or authorized by an order of the court.
3. The executive head of a private school
or a person who:
(a) Obtains the name of the offender or the name
of a victim pursuant to law or an order of the court; and
(b) In good faith, releases or fails to release
the name of the offender or the name of a victim,
Ê is immune
from criminal or civil liability for releasing or failing to release the name
of the offender or the name of a victim unless the executive head of the
private school or the person acted with gross negligence.
(Added to NRS by 1997, 429)
CRISIS AND EMERGENCY RESPONSE IN PRIVATE SCHOOLS
NRS 394.168 Definitions. As
used in NRS 394.168 to 394.1699,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 394.1681 to 394.1683,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 1330; A 2011, 1078)
NRS 394.1681 “Crisis” defined. “Crisis”
means a traumatic and sudden event or emergency condition that:
1. Involves violence;
2. Profoundly and negatively affects or
will affect pupils or employees of a private school;
3. Occurs on the property of a private
school, at an activity sponsored by a private school or on a school bus while
the bus is engaged in its official duties for a private school; and
4. May involve serious injury or death.
(Added to NRS by 2001, 1330)
NRS 394.1682 “Development committee” defined. “Development
committee” means a committee established pursuant to NRS
394.1685.
(Added to NRS by 2001, 1330)
NRS 394.16823 “Emergency” defined. “Emergency”
means an occurrence or threatened occurrence for which action is necessary to
save lives, protect property or to protect the health and safety of persons, or
to avert the threat of damage to property or injury to persons, on the property
of a private school, at an activity sponsored by a private school or on a
school bus while the bus is engaged in its official duties for a private
school.
(Added to NRS by 2011, 1078)
NRS 394.16825 “Local organization for emergency management” defined. “Local organization for emergency management”
has the meaning ascribed to it in NRS
414.036.
(Added to NRS by 2011, 1078)
NRS 394.1683 “School committee” defined. “School
committee” means a committee established for each private school pursuant to NRS 394.169.
(Added to NRS by 2001, 1330)
NRS 394.1685 Development committee: Establishment by private school;
membership; terms of members.
1. The governing body of each private
school shall establish a development committee to develop a plan to be used by
the private school in responding to a crisis or an emergency.
2. The membership of a development
committee consists of:
(a) At least one member of the governing body;
(b) At least one administrator of the school;
(c) At least one teacher of the school;
(d) At least one employee of the school who is
not a teacher and who is not responsible for the administration of the school;
(e) At least one parent or legal guardian of a
pupil who is enrolled in the school;
(f) At least one representative of a local law
enforcement agency in the county in which the school is located; and
(g) At least one representative of a state or
local organization for emergency management.
3. The membership of a development
committee may also include any other person whom the governing body deems
appropriate, including, without limitation:
(a) A counselor of the school;
(b) A psychologist of the school;
(c) A licensed social worker of the school;
(d) A pupil in grade 10 or higher of the school
if the school includes grade 10 or higher; and
(e) An attorney or judge who resides or works in
the county in which the school is located.
4. The governing body of each private
school shall determine the term of each member of the development committee
that it established. Each development committee may adopt rules for its own
management and government.
(Added to NRS by 2001, 1330; A 2011, 1078)
NRS 394.1687 Development committee: Development of plan to be used by private
school in responding to crisis or emergency; submission of plan to governing
body of private school; compliance with plan required.
1. Each development committee shall develop
a plan to be used by its school in responding to a crisis or an emergency. Each
development committee shall, when developing the plan, consult with:
(a) The local social service agencies and local
law enforcement agencies in the county in which its school is located.
(b) The director of the local organization for
emergency management or, if there is no local organization for emergency
management, with the Chief of the Division of Emergency Management of the
Department of Public Safety or his or her designee.
2. The plan developed pursuant to
subsection 1 must include, without limitation, a procedure for:
(a) Assisting persons within the school to
communicate with each other;
(b) Assisting persons within the school to
communicate with persons located outside the school, including, without
limitation, relatives of pupils and relatives of employees of the school, the
news media and persons from local, state or federal agencies that are
responding to a crisis or an emergency;
(c) Immediately responding to a crisis or an
emergency and for responding during the period after a crisis or an emergency
has concluded, including, without limitation, a crisis or an emergency that
results in immediate physical harm to a pupil or employee of the school;
(d) Assisting pupils of the school, employees of
the school and relatives of such pupils and employees to move safely within and
away from the school, including, without limitation, a procedure for evacuating
the school and a procedure for securing the school; and
(e) Enforcing discipline within the school and
for obtaining and maintaining a safe and orderly environment during a crisis or
an emergency.
3. Each development committee shall
provide a copy of the plan that it develops pursuant to this section to the
governing body of the school that established the committee.
4. Except as otherwise provided in NRS 394.1691 and 394.1692,
each private school must comply with the plan developed for it pursuant to this
section.
(Added to NRS by 2001, 1330; A 2011, 1079)
NRS 394.1688 Annual review and update of plan for responding to crisis or
emergency; maintenance, posting and distribution of plan; annual training for
school employees.
1. Each development committee shall, at
least once each year, review and update as appropriate the plan that it
developed pursuant to NRS 394.1687. In reviewing
and updating the plan, the development committee shall consult with the
director of the local organization for emergency management or, if there is no
local organization for emergency management, with the Chief of the Division of
Emergency Management of the Department of Public Safety or his or her designee.
2. Each development committee shall
provide an updated copy of the plan to the governing body of the school.
3. The governing body of each private
school shall:
(a) Post a notice of the completion of each
review and update that its development committee performs pursuant to
subsection 1 at the school;
(b) Post a copy of NRS 392.640 and 394.168
to 394.1699, inclusive, at the school;
(c) Retain a copy of each plan developed pursuant
to NRS 394.1687, each plan updated pursuant to
subsection 1 and each deviation approved pursuant to NRS
394.1692;
(d) Provide a copy of each plan developed
pursuant to NRS 394.1687 and each plan updated
pursuant to subsection 1 to:
(1) The Board;
(2) Each local law enforcement agency in
the county in which the school is located;
(3) The Division of Emergency Management
of the Department of Public Safety; and
(4) The local organization for emergency
management, if any;
(e) Upon request, provide a copy of each plan
developed pursuant to NRS 394.1687 and each plan
updated pursuant to subsection 1 to a local agency that is included in the plan
and to an employee of the school who is included in the plan;
(f) Upon request, provide a copy of each
deviation approved pursuant to NRS 394.1692 to:
(1) The Board;
(2) A local law enforcement agency in the
county in which the school is located;
(3) The Division of Emergency Management
of the Department of Public Safety;
(4) The local organization for emergency
management, if any;
(5) A local agency that is included in the
plan; and
(6) An employee of the school who is
included in the plan; and
(g) At least once each year, provide training in
responding to a crisis and training in responding to an emergency to each
employee of the school, including, without limitation, training concerning
drills for evacuating and securing the school.
(Added to NRS by 2001, 1331; A 2011, 1080)
NRS 394.169 School committee: Establishment; membership; terms of members.
1. The principal or other person in charge
of each private school shall establish a school committee to review the plan
developed for the private school pursuant to NRS
394.1687.
2. The membership of a school committee
consists of:
(a) The principal or other person in charge of
the school;
(b) Two employees of the school;
(c) One employee of the school who is not
responsible for the administration of the school; and
(d) One parent or legal guardian of a pupil who
is enrolled in the school.
3. The membership of a school committee
may include any other person whom the principal or other person in charge of the
school deems appropriate, including, without limitation:
(a) A member of the governing body of the school;
(b) A counselor of the school;
(c) A psychologist of the school;
(d) A licensed social worker of the school;
(e) A representative of a local law enforcement
agency in the county, city or town in which the school is located; and
(f) A pupil in grade 10 or higher from the school
if the school includes grade 10 or higher.
4. The principal or other person in charge
of a private school shall determine the term of each member of the school
committee established for the school. Each school committee may adopt rules for
its own management and government.
(Added to NRS by 2001, 1332)
NRS 394.1691 School committee: Annual review of plan prepared by development
committee; determination whether to request deviation from plan; notice of
review.
1. Each school committee shall, at least
once each year, review the plan developed for its school pursuant to NRS 394.1687 and determine whether the school should
deviate from the plan.
2. Each school committee shall, when
reviewing the plan, consult with:
(a) The local social service agencies and law
enforcement agencies in the county, city or town in which its school is
located.
(b) The director of the local organization for
emergency management or, if there is no local organization for emergency
management, with the Chief of the Division of Emergency Management of the
Department of Public Safety or his or her designee.
3. If a school committee determines that
its school should deviate from the plan, the school committee shall notify the
development committee that developed the plan, describe the proposed deviation
and explain the reason for the proposed deviation. The school may deviate from
the plan only if the deviation is approved by the development committee
pursuant to NRS 394.1692.
4. Each private school shall post at the
school a notice of the completion of each review that its school committee
performs pursuant to this section.
(Added to NRS by 2001, 1332; A 2011, 1080)
NRS 394.1692 Review by development committee of proposed deviation from plan;
notice of approval or denial; submission of copy of approved deviation to
governing body of private school.
1. A development committee that receives a
proposed deviation from a school committee pursuant to NRS
394.1691 shall, within 60 days after it receives the proposed deviation:
(a) Review the proposed deviation and any
information submitted with the proposed deviation; and
(b) Notify the school committee that submitted
the proposed deviation whether the proposed deviation has been approved.
2. A development committee shall provide a
copy of each deviation that it approves pursuant to this section to the
governing body of the private school that established the committee.
(Added to NRS by 2001, 1332)
NRS 394.1694 Adoption of regulations concerning development of plans in
responding to crisis or emergency, review of proposed deviations and
requirements for training.
1. The Board shall adopt regulations
setting forth requirements for:
(a) The plan required to be developed pursuant to
NRS 394.1687; and
(b) Reviewing and approving a deviation pursuant
to NRS 394.1692.
2. The regulations adopted pursuant to
this section must include, without limitation, requirements concerning training
and practice in procedures for responding to a crisis or an emergency.
(Added to NRS by 2001, 1333; A 2011, 1081)
NRS 394.1696 Duties of principal or other person in charge of private school
if crisis or emergency occurs at school; determination by local agency whether
crisis or emergency requires assistance from state agency; duties of Division
of Emergency Management of Department of Public Safety.
1. If a crisis or an emergency that
requires immediate action occurs at a private school, the principal or other
person in charge of the private school involved, or his or her designated
representative, shall, in accordance with the plan developed for the school
pursuant to NRS 394.1687 and in accordance with
any deviation approved pursuant to NRS 394.1692,
contact all appropriate local agencies to respond to the crisis or the
emergency.
2. If a local agency that is responsible
for responding to a crisis or an emergency is contacted pursuant to subsection
1 and the local agency determines that the crisis or the emergency requires
assistance from a state agency, the local agency may:
(a) If a local organization for emergency
management has been established in the city or county in which the local agency
that was contacted is located, through such local organization for emergency
management, notify the Division of Emergency Management of the Department of
Public Safety of the crisis or the emergency and request assistance from the
Division in responding to the crisis or the emergency; or
(b) If a local organization for emergency
management has not been established in the city or county in which the local
agency that was contacted is located, directly notify the Division of Emergency
Management of the Department of Public Safety of the crisis or the emergency
and request assistance from the Division in responding to the crisis or the
emergency.
3. If the Division of Emergency Management
of the Department of Public Safety receives notification of a crisis or an
emergency and a request for assistance pursuant to subsection 2 and the
Governor or the Governor’s designated representative determines that the crisis
or the emergency requires assistance from a state agency, the Division shall
carry out its duties set forth in the plan developed pursuant to NRS 392.640 and its duties set forth in chapter 414 of NRS, including, without
limitation, addressing the immediate crisis or emergency and coordinating the
appropriate and available local, state and federal resources to provide support
services and counseling to pupils, teachers, and parents or legal guardians of
pupils, and providing support for law enforcement agencies, for as long as is
reasonably necessary.
(Added to NRS by 2001, 1333; A 2011, 1081)
NRS 394.1698 Confidentiality of plans, approved deviations and certain other
information. A plan developed
pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688, a deviation and any information
submitted to a development committee pursuant to NRS
394.1691 and a deviation approved pursuant to NRS
394.1692 are confidential and, except as otherwise provided in NRS 239.0115, 392.640 and 394.168
to 394.1699, inclusive, must not be disclosed to
any person or government, governmental agency or political subdivision of a
government.
(Added to NRS by 2001, 1333; A 2007, 2100)
NRS 394.1699 Inapplicability of Open Meeting Law to development committee,
school committee and certain meetings of State Board related to crisis and
emergency response. The provisions
of chapter 241 of NRS do not apply to a
meeting of:
1. A development committee;
2. A school committee; or
3. The Board if the meeting concerns a
regulation adopted pursuant to NRS 394.1694.
(Added to NRS by 2001, 1333)
HEALTH AND SAFETY; THREATS OF VIOLENCE; PARENTAL LEAVE FROM
EMPLOYMENT; SCHOOL PROPERTY
NRS 394.170 Drills to instruct pupils in appropriate procedures to be
followed in event of emergency; regulations of State Fire Marshal; posting of
section; enforcement; penalty.
1. The authorities in charge of every
private school within this State shall provide drills for the pupils in the
schools at least once in each month during the school year to instruct those
pupils in the appropriate procedures to be followed in the event of a fire or
other emergency, except a crisis governed by NRS
394.168 to 394.1699, inclusive. Not more than
two of those drills may include instruction in the appropriate procedures to be
followed in the event of a chemical explosion, related emergencies and other
natural disasters.
2. In all cities or towns which have
regularly organized, paid fire departments or voluntary fire departments, the
drills required by subsection 1 must be conducted under the supervision of the
chief of the fire department of the city or town.
3. The State Fire Marshal shall prescribe
general regulations governing the drills required by subsection 1 and shall,
with the cooperation of the Superintendent of Public Instruction, arrange for
the supervision of drills in schools where the drills are not supervised
pursuant to subsection 2.
4. A copy of this section must be kept
posted in every classroom of every private school by the principal or teacher
in charge thereof.
5. The principal, teacher or other person
in charge of each school building shall cause the provisions of this section to
be enforced.
6. Any violation of the provisions of this
section is a misdemeanor.
[463:32:1956]—(NRS A 1967, 1097; 1993, 113; 2001, 1334; 2007, 190)
NRS 394.175 Establishment of program of information concerning missing
children; distribution of materials by Attorney General and State Board.
1. Any private elementary or secondary
school in this State may establish a program of information about missing
children for pupils, parents and other members of the community.
2. The Attorney General and the State
Board of Education shall distribute at no charge to the private school any
materials they have that will assist in the establishment of such a program.
(Added to NRS by 1985, 2169)
NRS 394.177 Immunity from civil liability for reporting threat of violence
against school official, school employee or pupil; exceptions.
1. Except as otherwise provided in
subsection 2, if any person who knows or has reasonable cause to believe that
another person has made a threat of violence against a school official, school
employee or pupil reports in good faith that threat of violence to a school
official, teacher, school police officer, local law enforcement agency or
potential victim of the violence that is threatened, the person who makes the
report is immune from civil liability for any act or omission relating to that
report. Such a person is not immune from civil liability for any other act or
omission committed by the person as a part of, in connection with or as a
principal, accessory or conspirator to the violence, regardless of the nature
of the other act or omission.
2. The provisions of this section do not
apply to a person who:
(a) Is acting in his or her professional or
occupational capacity and is required to make a report pursuant to NRS 200.5093, 200.50935 or 432B.220.
(b) Is required to make a report concerning the commission
of a violent or sexual offense against a child pursuant to NRS 202.882.
3. As used in this section:
(a) “Reasonable cause to believe” means, in light
of all the surrounding facts and circumstances which are known, a reasonable
person would believe, under those facts and circumstances, that an act,
transaction, event, situation or condition exists, is occurring or has
occurred.
(b) “School employee” means a licensed or
unlicensed person, other than a school official, who is employed by a private
school.
(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
private school to provide instruction and other educational services to pupils
enrolled in the private school.
(Added to NRS by 2001, 2651; A 2005, 1117)
NRS 394.178 Threatening to cause bodily harm or death to pupil or school
employee by means of oral, written or electronic communication; penalties.
1. A person shall not, through the use of
any means of oral, written or electronic communication, knowingly threaten to
cause bodily harm or death to a pupil or employee of a private school with the
intent to:
(a) Intimidate, frighten, alarm or distress a
pupil or employee of a private school;
(b) Cause panic or civil unrest; or
(c) Interfere with the operation of a private
school.
2. Unless a greater penalty is provided by
specific statute, a person who violates the provisions of subsection 1 is
guilty of:
(a) A misdemeanor, unless the provisions of
paragraph (b) apply to the circumstances.
(b) A gross misdemeanor, if the threat causes:
(1) Any pupil or employee of a private
school who is the subject of the threat to be intimidated, frightened, alarmed
or distressed;
(2) Panic or civil unrest; or
(3) Interference with the operation of a
private school.
3. As used in this section, “oral, written
or electronic communication” includes, without limitation, any of the
following:
(a) A letter, note or any other type of written
correspondence.
(b) An item of mail or a package delivered by any
person or postal or delivery service.
(c) A telegraph or wire service, or any other
similar means of communication.
(d) A telephone, cellular phone, satellite phone,
page or facsimile machine, or any other similar means of communication.
(e) A radio, television, cable, closed-circuit,
wire, wireless, satellite or other audio or video broadcast or transmission, or
any other similar means of communication.
(f) An audio or video recording or reproduction,
or any other similar means of communication.
(g) An item of electronic mail, a modem or computer
network, or the Internet, or any other similar means of communication.
(Added to NRS by 2001 Special
Session, 185)
NRS 394.179 Parental involvement: Employer required to grant leave to parent
to participate in school conferences and other school-related activities;
conditions; exception.
1. Except as otherwise provided in
subsection 5, an employer shall grant a parent, guardian or custodian of a
child who is enrolled in a private school leave from his or her place of
employment for 4 hours per school year, which must be taken in increments of at
least 1 hour, to:
(a) Attend parent-teacher conferences;
(b) Attend school-related activities during
regular school hours;
(c) Volunteer or otherwise be involved at the
school in which his or her child is enrolled during regular school hours; and
(d) Attend school-sponsored events.
Ê The leave
must be at a time mutually agreed upon by the employer and the employee.
2. An employer may require:
(a) An employee to provide a written request for
the leave at least 5 school days before leave is taken; and
(b) An employee who takes leave pursuant to this
section to provide documentation that during the time of the leave, the
employee attended or was otherwise involved at the private school or
school-related activity for one of the purposes set forth in subsection 1.
3. An employer is not required to pay an
employee for any leave taken pursuant to this section.
4. A parent, guardian or custodian must be
granted leave in accordance with this section for each child of the parent,
guardian or custodian who is enrolled in private school.
5. The provisions of this section do not
apply if an employee is afforded pursuant to the provisions of a collective
bargaining agreement:
(a) At least 4 hours of leave or more per school
year for the purposes set forth in subsection 1 and subject to the same
provisions as subsections 2, 3 and 4; and
(b) Substantially similar protections and
remedies for violations by the employer as those that are set forth in NRS 394.1795.
6. As used in this section, “employer”
means any person who has 50 or more employees for each working day in each of
20 or more calendar weeks in the current calendar year.
(Added to NRS by 2009, 1248)
NRS 394.1795 Employer prohibited from threatening or taking retaliatory
action against parent for parent’s participation in certain school conferences
and school-related activities; penalty; authorization for parent to file claim
with Labor Commissioner.
1. It is unlawful for an employer or an
agent of the employer to:
(a) Terminate the employment of, or to demote,
suspend or otherwise discriminate against, a person who, as the parent,
guardian or custodian of a child:
(1) Appears at a conference requested by
an administrator of the private school attended by the child;
(2) Is notified during his or her work by
a school employee of an emergency regarding the child; or
(3) Takes leave pursuant to NRS 394.179 if the employer is subject to the
requirements of that section; or
(b) Assert to the person that his or her
appearance or prospective appearance at such a conference, the receipt of such
a notification during his or her work or leave taken pursuant to NRS 394.179 will result in the termination of his or
her employment or a demotion, suspension or other discrimination in the terms
and conditions of the person’s employment.
2. Any person who violates the provisions
of subsection 1 is guilty of a misdemeanor.
3. A person who is discharged from
employment or who is demoted, suspended or otherwise discriminated against in
violation of subsection 1 may file a claim or complaint with the Labor
Commissioner. The employer shall provide the person who is discharged from
employment or who is demoted, suspended or otherwise discriminated against with
all the forms necessary to request such a claim or complaint. If the Labor
Commissioner determines that the claim or complaint is valid and enforceable,
the Labor Commissioner shall provide notice and an opportunity for a hearing
pursuant to NRS 607.205 to 607.215, inclusive.
4. If the Labor Commissioner issues a
written decision in favor of the employee, the Labor Commissioner may award in
addition to any remedies and penalties set forth in chapters 607 and 608
of NRS:
(a) Wages and benefits lost as a result of the
violation;
(b) An order of reinstatement without loss of
position, seniority or benefits; and
(c) Damages equal to the amount of the lost wages
and benefits.
(Added to NRS by 2009, 1249)
NRS 394.180 Damage to property; nuisance; loitering; trespass; disturbance
of school; penalty.
1. It is unlawful for any person:
(a) Willfully and maliciously to injure, mark or
deface any private schoolhouse, its fixtures, books or appurtenances;
(b) To commit any nuisance in any private
schoolhouse;
(c) To loiter on or near the school grounds;
(d) Purposely and maliciously to commit any
trespass upon the grounds attached to a private schoolhouse, or any fixtures
placed thereon, or any enclosure or sidewalk about the same; or
(e) In any manner maliciously and purposely to
interfere with or disturb any persons peaceably assembled within a private
schoolhouse for school purposes.
2. Unless a greater penalty is provided by
NRS 206.125, any person violating any
of the provisions of subsection 1 is guilty of a public offense, as prescribed
in NRS 193.155, proportionate to the
value of the property damaged or destroyed and in no event less than a
misdemeanor.
[464:32:1956]—(NRS A 1967, 568; 1979, 1620; 1989, 899)
NRS 394.185 Maintenance and availability of material safety data sheet for
hazardous materials used on school buildings or grounds.
1. A private school shall:
(a) Maintain at the school a material safety data
sheet for each hazardous chemical used on the buildings or grounds of the
school;
(b) Comply with any safety precautions contained
in those sheets; and
(c) Make 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, 3353)
NRS 394.187 Unlawful to use diisocyanate in maintenance or repair of
building owned or operated by school while certain persons are present;
penalty.
1. It is unlawful for a person who knows
or in the exercise of reasonable care should know that a substance or material
contains at least one-tenth of 1 percent by weight or volume of a diisocyanate
to use, or cause or permit another person to use, the substance or material in
the maintenance or repair of a building owned or operated by a private school
while any person who is not necessary to the maintenance or repair is present
in the building.
2. A person who knows or in the exercise
of reasonable care should know that a substance or material which contains at
least one-tenth of 1 percent by weight or volume of a diisocyanate has been
used in the maintenance or repair of a building owned or operated by a private
school shall ensure that the building is not occupied for at least 4 hours
following the use of that substance or material by any person who is not
necessary to the maintenance or repair.
3. A person who violates subsection 1 or 2
is guilty of a gross misdemeanor.
4. For the purposes of this section,
“diisocyanate” includes, without limitation, toluene diisocyanate (TDI),
methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI).
(Added to NRS by 1997, 3353)
NRS 394.190 Applicability of provisions governing condition, equipment and
identification of vehicle used for transportation of pupils; standards for new
school buses purchased on and after January 1, 2016; inspection; penalty.
1. The provisions of NRS 392.400 and 392.410 relating to the condition,
equipment and identification of vehicles used for the transportation of pupils
apply to private schools.
2. On and after January 1, 2016, or July
1, 2016, as applicable, with respect to any new school bus purchased to
transport pupils, the standards for school buses set forth in:
(a) Subsection 1 of NRS 392.405; and
(b) Subsection 2 or 3 of NRS 392.405,
Ê apply to
private schools.
3. All such vehicles are subject to
inspection at all times by agents and employees of the Department of Motor
Vehicles, who shall report any violations discovered thereby to the executive
head of the private school.
4. If the executive head of the private
school fails or refuses to take appropriate action to correct any such
violation within 10 days after receiving the report from the Department of
Motor Vehicles, the executive head is guilty of a misdemeanor.
(Added to NRS by 1957, 736; A 1985, 1989; 2001, 2604; 2011, 472; 2013, 1024)
NRS 394.192 Immunization of pupils: Certificate prerequisite to enrollment;
conditional enrollment; effect of failure to immunize; report to Division of
Public and Behavioral Health; inclusion of certificate in pupil’s record.
1. Unless excused because of religious
belief or medical condition, a child may not be enrolled in a private school
within this State unless the child’s parents or guardian submit to the
governing body of the private school a certificate stating that the child has
been immunized and has received proper boosters for that immunization or is
complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(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 or the State Board of Health may determine.
2. The certificate must show that the
required vaccines and boosters were given and must bear a signature of a
licensed physician or the physician’s designee or a registered nurse or the
nurse’s designee, attesting that the certificate accurately reflects the
child’s record of immunization.
3. If the requirements of subsection 1 can
be met with one visit to a physician or clinic, procedures for conditional
enrollment do not apply.
4. A child may enter school conditionally
if the parent or guardian submits a certificate from a physician or local
health officer that the child is receiving the required immunizations. If a
certificate from the physician or local health officer showing that the child
has been fully immunized is not submitted to the appropriate school officials
within 90 school days after the child was conditionally admitted, the child
must be excluded from school and may not be readmitted until the requirements
for immunization have been met. A child who is excluded from school pursuant to
this section is a neglected child for the purposes of NRS 432.0999 to 432.130, inclusive, and chapter 432B of NRS.
5. Before December 31 of each year, each
private school shall report to the Division of Public and Behavioral Health of
the Department of Health and Human Services, on a form furnished by the
Division, the exact number of pupils who have completed the immunizations
required by this section.
6. The certificate of immunization must be
included in the pupil’s academic or cumulative record and transferred as part
of that record upon request.
(Added to NRS by 1971, 1041; A 1979, 316; 1985, 1401; 1987, 1335; 1995, 808)
NRS 394.193 Immunization of pupils: Exemption if prohibited by religious
belief. A private school shall not
refuse to enroll a child as a pupil because such child has not been immunized
pursuant to NRS 394.192 if the parents or guardian
of such child have submitted to the governing body a written statement
indicating that their religious belief prohibits immunization of such child or
ward.
(Added to NRS by 1971, 1041)
NRS 394.194 Immunization of pupils: Exemption if prevented by medical
condition. If the medical
condition of a child will not permit the child to be immunized to the extent
required by NRS 394.192, a written statement of
this fact signed by a licensed physician and presented to the governing body by
the parents or guardian of such child shall exempt such child from all or part
of the provisions of NRS 394.192, as the case may
be, for enrollment purposes.
(Added to NRS by 1971, 1041)
NRS 394.196 Immunization of pupils: Additional requirements imposed after
enrollment; additional certificate required. If,
after a child has been enrolled in a private school and before registration for
any subsequent school year additional immunization requirements are provided by
law, the child’s parents or guardian shall submit an additional certificate or
certificates to the governing body stating that such child has met the new
immunization requirements.
(Added to NRS by 1971, 1041)
NRS 394.198 Immunization of pupils: Protection of child exempt from
immunization if dangerous disease exists in school. Whenever
the State Board of Health or a local board of health determines that there is a
dangerous contagious disease in a private school attended by a child for whom
exemption from immunization is claimed pursuant to the provisions of NRS 394.193 or 394.194,
the governing body of such private school shall require either that the child:
1. Be immunized; or
2. Remain outside the school environment
and the local health officer be notified.
(Added to NRS by 1979, 315)
NRS 394.199 Immunization of pupils: Penalty for refusal to remove child from
school when required by law. Any
parent or guardian who refuses to remove his or her child from the private
school in which the child is enrolled when retention in school is prohibited
under the provisions of NRS 394.192, 394.196 or 394.198 is
guilty of a misdemeanor.
(Added to NRS by 1979, 315)
MAINTENANCE AND ADMINISTRATION OF AUTO-INJECTABLE
EPINEPHRINE; FOOD ALLERGIES AND ANAPHYLAXIS
NRS 394.1995 Order of physician for doses of epinephrine maintained by
private school; school personnel authorized to administer; storage in secure
location.
1. A private school may obtain an order
from a physician or osteopathic physician for auto-injectable epinephrine
pursuant to NRS 630.374 or 633.707 to be maintained at the school. If
a dose of auto-injectable epinephrine maintained by the private school is used
or expires, the private school may obtain additional doses of auto-injectable
epinephrine to replace the used or expired auto-injectable epinephrine.
2. Auto-injectable epinephrine maintained
by a private school pursuant to this section may be administered by a school
nurse or any other employee of the private school who has received training in
the proper storage and administration of auto-injectable epinephrine.
3. A school nurse or other trained
employee may administer auto-injectable epinephrine maintained at the school to
any pupil on the premises of the private school during regular school hours
whom the school nurse or other trained employee reasonably believes is
experiencing anaphylaxis.
4. A private school shall ensure that
auto-injectable epinephrine maintained at the school is stored in a designated,
secure location that is unlocked and easily accessible.
(Added to NRS by 2013, 1225)
NRS 394.1997 Training concerning food allergies and development of
comprehensive action plan concerning anaphylaxis. The
governing body of each private school shall, to the extent feasible:
1. Provide training concerning food
allergies to each employee who works with food at the school and to such other
employees as deemed appropriate by the principal or other person in charge of
the school; and
2. Develop a comprehensive action plan
concerning anaphylaxis, which includes, without limitation, information
relating to:
(a) The risks that may cause anaphylaxis;
(b) Ways to avoid risks that may cause
anaphylaxis;
(c) The signs and symptoms of a person
experiencing anaphylaxis;
(d) How to access auto-injectable epinephrine
when necessary; and
(e) Medical care that should be received after
the administration of auto-injectable epinephrine.
(Added to NRS by 2013, 1226)
PRIVATE ELEMENTARY AND SECONDARY EDUCATIONAL INSTITUTIONS
Private Elementary and Secondary Education Authorization
Act: Exemptions; Maintenance and Operation; Licensing; Agents’ Permits;
Unlawful Acts
NRS 394.201 Short title. NRS 394.201 to 394.351,
inclusive, may be cited as the Private Elementary and Secondary Education Authorization
Act.
(Added to NRS by 1975, 1500; A 1991, 975; 1997, 2052; 2009, 1249)
NRS 394.211 Exemptions from Act; filing of exemption with State Board;
inspection of exempt institution; written notice to parent of exemption.
1. The following persons and educational
institutions are exempt from the provisions of the Private Elementary and
Secondary Education Authorization Act:
(a) Institutions exclusively offering instruction
at any level of postsecondary education.
(b) Institutions maintained by this State,
another state or the District of Columbia or any political subdivisions thereof
and supported by public funds.
(c) Institutions exclusively offering religious
or sectarian studies.
(d) Elementary and secondary educational
institutions operated by churches, religious organizations and faith-based
ministries.
(e) Institutions licensed by the Commission.
(f) Institutions operated by or under the direct
administrative supervision of the Federal Government.
(g) Natural persons who instruct pupils in their
homes or in the pupils’ own homes, if this is not the only instruction those pupils
receive.
(h) Fraternal or benevolent institutions offering
instruction to their members or their immediate relatives, if the instruction
is not operated for profit.
(i) Institutions offering instruction solely in
avocational and recreational areas.
(j) Institutions or school systems in operation
before July 1, 1975, as to courses of study approved by the Board pursuant to NRS 394.130, but those institutions or school systems
are not exempt as to substantial changes in their nature or purpose on or after
that date. The official literature of an institution or school system
describing the nature and purpose of the institution or school system as of
June 30, 1975, is prima facie evidence of the nature and purpose on that date
for the purposes of this chapter.
2. Each person or educational institution
claiming an exemption pursuant to the provisions of subsection 1 must file with
the Board the exemption upon forms provided by the Department or in a letter
containing the required information and signed by the person claiming the
exemption or the person in charge of the educational institution claiming the
exemption. The exemption expires 2 years after the last day of the calendar
month in which the filing is made. The filing of a renewal of the exemption
must be made not less than 60 days before the exemption expires.
3. Upon receipt of an exemption or a
renewal of an exemption, the Superintendent shall cause an inspection of the
educational institution to ensure that the institution operates in accordance
with the provisions of all laws, regulations and ordinances that are applicable
to the educational institution, including, without limitation, those provisions
relating to the health and safety of persons on the premises of the educational
institution. In carrying out the requirements of this subsection, the Superintendent
may accept a certificate of inspection conducted on an educational institution,
or other proof of inspection satisfactory to the Superintendent, issued by an
appropriate agency or political subdivision of this State responsible for the
inspection of buildings to ensure compliance with the applicable provisions of
laws, regulations and ordinances.
4. Before a child enrolls in an
institution that is exempt pursuant to this section, the institution shall
provide written notice to the parents or legal guardian of the child that the
institution is exempt from the Private Elementary and Secondary Education
Authorization Act.
(Added to NRS by 1975, 1500; A 1983, 1969; 1985, 992; 1989, 662; 2001, 1023; 2007, 190)
NRS 394.221 Duties of Board and Superintendent.
1. The Board shall:
(a) Adopt regulations governing the
administration of the Private Elementary and Secondary Education Authorization
Act.
(b) Establish minimum criteria, in conformity
with NRS 394.241, which applicants for a license or
agent’s permit must meet before a license or permit is issued. The criteria
must be sufficient to effectuate the purposes of the Private Elementary and
Secondary Education Authorization Act but not unreasonably hinder legitimate
educational innovation.
2. The Superintendent shall administer the
provisions of the Private Elementary and Secondary Education Authorization Act
in accordance with the regulations of the Board. The Superintendent shall:
(a) Receive, investigate as necessary and act
upon applications for licenses and agents’ permits.
(b) Maintain a list of agents and private
elementary and secondary education institutions authorized to operate in this
State. The list shall be available for the information of the public.
(Added to NRS by 1975, 1501; A 1977, 66; 1979, 1621)
NRS 394.231 Powers of Superintendent. The
Superintendent may:
1. Request from any other department,
division, board, bureau, commission or other agency of the State, and the
latter agency shall provide, any information which it possesses that will
enable the Superintendent to exercise properly his or her powers and perform
his or her duties under the Private Elementary and Secondary Education
Authorization Act.
2. With the approval of the Board,
negotiate and enter into interstate reciprocity agreements with similar
agencies in other states, if in the judgment of the Superintendent such
agreements are or will be helpful in effectuating the purposes of the Private
Elementary and Secondary Education Authorization Act, but nothing contained in
any such reciprocity agreement may limit the powers, duties and
responsibilities of the Superintendent independently to investigate or act upon
any application for a license to operate or any application for renewal of a
license to operate an elementary or secondary educational institution, or an
application for issuance or renewal of any agent’s permit, or to enforce any
provision of the Private Elementary and Secondary Education Authorization Act,
or any regulations promulgated under it.
3. Investigate, on the Superintendent’s
own initiative or in response to any complaint lodged with the Superintendent,
any person subject to, or reasonably believed by the Superintendent to be
subject to, his or her jurisdiction, and in connection with an investigation:
(a) Subpoena any persons, books, records or
documents pertaining to the investigation;
(b) Require answers in writing under oath to
questions propounded by the Superintendent; and
(c) Administer an oath or affirmation to any
person.
Ê A subpoena
issued by the Superintendent may be enforced by any district court of this
State.
4. Exercise other powers implied but not
enumerated in this section but in conformity with the provisions of the Private
Elementary and Secondary Education Authorization Act which are necessary in
order to carry out its provisions.
(Added to NRS by 1975, 1501; A 1979, 1621)
NRS 394.241 Maintenance and operation in compliance with minimum standards;
accreditation as evidence of compliance.
1. An elementary or secondary educational
institution must be maintained and operated, or a new institution must
demonstrate that it can be maintained and operated, in compliance with the
following minimum standards:
(a) The quality and content of each course of
instruction, training or study reasonably and adequately achieve the stated
objective for which the course or program is offered.
(b) The institution has adequate space,
equipment, instructional materials and personnel to provide education of good
quality.
(c) The education and experience qualifications
of directors, administrators, supervisors and instructors reasonably ensure
that the students will receive education consistent with the objectives of the
course or program of study.
(d) The institution provides pupils and other
interested persons with a catalog or brochure containing information describing
the grades or programs offered, program objectives, length of school year or
program, schedule of tuition, fees and all other charges and expenses necessary
for completion of the course of study, cancellation and refund policies, and
such other material facts concerning the institution as are reasonably likely
to affect the decision of the parents or pupil to enroll in the institution,
together with any other disclosures specified by the Superintendent or defined
in the regulations of the Board, and the information is provided to parents or
prospective pupils before enrollment.
(e) Upon satisfactory completion of training or
instruction, the pupil is given appropriate educational credentials by the
institution indicating that the course of instruction or study has been
satisfactorily completed.
(f) Adequate records are maintained by the
institution to show attendance, progress and performance.
(g) The institution is maintained and operated in
compliance with all pertinent ordinances and laws, including regulations
adopted relative to the safety and health of all persons upon the premises.
(h) The institution is financially sound and
capable of fulfilling its commitments.
(i) Neither the institution nor its agents engage
in advertising, sales, collection, credit or other practices of any type which
are false, deceptive, misleading or unfair.
(j) The chief executive officer, trustees,
directors, owners, administrators, supervisors, staff, instructors and agents
are of good reputation and character.
(k) The pupil housing owned, maintained or
approved by the institution, if any, is appropriate, safe and adequate.
(l) The institution has a fair and equitable
cancellation and refund policy.
2. Accreditation by national or regional
accrediting agencies recognized by the United States Department of Education
may be accepted as evidence of compliance with the minimum standards
established pursuant to this section. Accreditation by a recognized,
specialized accrediting agency may be accepted as evidence of such compliance
only as to the portion or program of an institution accredited by the agency if
the institution as a whole is not accredited.
(Added to NRS by 1975, 1502; A 1979, 1622; 1997, 1613)
NRS 394.245 Inspection of elementary and secondary educational institutions
required. The Superintendent shall
cause an inspection of an elementary or secondary educational institution to be
conducted upon receipt of an application for a license or for renewal of a
license from that institution to ensure that the institution:
1. Operates in accordance with the
provisions of all laws, regulations and ordinances relating to the health and
safety of persons on the premises. In carrying out the requirements of this
subsection, the Superintendent may accept a certificate of inspection conducted
on an educational institution, or other proof of inspection satisfactory to the
Superintendent, issued by an appropriate agency or political subdivision of
this State responsible for the inspection of buildings to ensure compliance
with the applicable provisions of laws, regulations and ordinances.
2. Maintains the records required by the
regulations of the Board relating to administrators, supervisors, instructors
and other educational personnel.
3. Has in force the insurance coverage
required by the regulations of the Board. The institution shall provide to the
person conducting the inspection an affidavit signed by the owner or
administrator of the institution affirming that the insurance coverage for the
institution is current.
(Added to NRS by 1991, 975; A 2007, 191)
NRS 394.251 License: Application; issuance; term; change in ownership;
renewal.
1. Each elementary or secondary
educational institution desiring to operate in this State must apply to the
Superintendent upon forms provided by the Department. The application must be
accompanied by the catalog or brochure published or proposed to be published by
the institution. The application must also be accompanied by evidence of the
required surety bond or certificate of deposit and payment of the fees required
by law.
2. After review of the application and any
further information required by the Superintendent, and an investigation of the
applicant if necessary, the Board shall either grant or deny a license to
operate to the applicant.
3. The license must state in a clear and
conspicuous manner at least the following information:
(a) The date of issuance, effective date and term
of the license.
(b) The correct name and address of the
institution licensed to operate.
(c) The authority for approval and conditions of
operation.
(d) Any limitation of the authorization, as
considered necessary by the Board.
4. Except as otherwise provided in this
subsection, the term for which authorization is given must not exceed 2 years.
A provisional license may be issued for a shorter period of time if the Board
finds that the applicant has not fully complied with the standards established
by NRS 394.241. Authorization may be given for a
term of not more than 4 years if:
(a) The institution has been licensed to operate
for not less than 4 years preceding the authorization; and
(b) The institution has operated during that
period without the filing of a verified complaint against it and without
violating any provision of NRS 394.201 to 394.351, inclusive, or any regulation adopted pursuant
to those sections.
5. The license must be issued to the owner
or governing body of the applicant institution and is nontransferable. If a
change in ownership of the institution occurs, the new owner or governing body
must, within 10 days after the change in ownership, apply for a new license,
and if it fails to do so, the institution’s license terminates. Application for
a new license because of a change in ownership of the institution is, for
purposes of NRS 394.281, an application for renewal
of the institution’s license.
6. At least 60 days before the expiration
of a license, the institution must complete and file with the Superintendent an
application form for renewal of its license. The renewal application must be
reviewed and acted upon as provided in this section.
7. An institution not yet in operation
when its application for a license is filed may not begin operation until the
license is issued. An institution in operation when its application for a
license is filed may continue operation until its application is acted upon by
the Board, and thereafter its authority to operate is governed by the action of
the Board.
(Added to NRS by 1975, 1503; A 1979, 1623; 1991, 975)
NRS 394.261 Agent’s permit: Requirements for issuance and renewal; term.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. Each person desiring to solicit or
perform the services of an agent in this State must apply to the Superintendent
upon forms provided by the Department. The application must include the social
security number of the applicant, be accompanied by evidence of the good
reputation and character of the applicant, in a form prescribed by the Superintendent,
and state the institution which the applicant intends to represent. An agent
representing more than one institution must obtain a separate agent’s permit
for each institution represented, except that if an agent represents
institutions having a common ownership, only one agent’s permit is required
with respect to the institutions. If any institution which the applicant
intends to represent does not have a license to operate in this State, the
application must be accompanied by the information required from an institution
that is applying for a license. The application for an agent’s permit must also
be accompanied by evidence of the required surety bond or certificate of
deposit and payment of the fees required by law.
2. After a review of the application and
any further information submitted by the applicant as required by regulations
of the Board, and any investigation of the applicant which the Board or
Superintendent considers appropriate, the Board shall grant or deny an agent’s
permit to the applicant.
3. The agent’s permit must state in a
clear and conspicuous manner at least the following information:
(a) The date of issuance, effective date and term
of the permit.
(b) The correct name and address of the agent.
(c) The institutions which the agent is
authorized to represent.
4. An agent’s permit must not be issued
for a term of more than 1 year.
5. At least 30 days before the expiration
of an agent’s permit, the agent must complete and file with the Superintendent
an application for renewal of the permit. The renewal application must be
reviewed and acted upon as provided in this section.
(Added to NRS by 1975, 1504; A 1979, 1624; 1991, 976; 1997, 2052)
NRS 394.261 Agent’s permit:
Requirements for issuance and renewal; term. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
1. Each person desiring to solicit or
perform the services of an agent in this State must apply to the Superintendent
upon forms provided by the Department. The application must be accompanied by
evidence of the good reputation and character of the applicant, in a form
prescribed by the Superintendent, and state the institution which the applicant
intends to represent. An agent representing more than one institution must
obtain a separate agent’s permit for each institution represented, except that
when an agent represents institutions having a common ownership only one
agent’s permit is required with respect to the institutions. If any institution
which the applicant intends to represent does not have a license to operate in
this State, the application must be accompanied by the information required of
institutions making application for a license. The application for an agent’s
permit must also be accompanied by evidence of the required surety bond or
certificate of deposit and payment of the fees required by law.
2. After review of the application and any
further information submitted by the applicant as required by regulations of
the Board, and any investigation of the applicant which the Board or
Superintendent considers appropriate, the Board shall grant or deny an agent’s
permit to the applicant.
3. The agent’s permit must state in a
clear and conspicuous manner at least the following information:
(a) The date of issuance, effective date and term
of the permit.
(b) The correct name and address of the agent.
(c) The institutions which the agent is
authorized to represent.
4. An agent’s permit must not be issued
for a term of more than 1 year.
5. At least 30 days before the expiration
of an agent’s permit, the agent must complete and file with the Superintendent
an application for renewal of the permit. The renewal application must be
reviewed and 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 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 394.263 Additional requirements for issuance and renewal of agent’s
permit: Statement regarding obligation of child support; grounds for denial of
permit; duty of Superintendent of Public Instruction. [Effective until the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. An applicant for the issuance or
renewal of an agent’s permit shall submit to the Superintendent the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.
2. The Superintendent shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the agent’s permit; or
(b) A separate form prescribed by the
Superintendent.
3. An agent’s permit may not be issued or
renewed by the Superintendent if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Superintendent shall advise the applicant to contact the district attorney or
other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2050)
NRS 394.271 Surety bond or certificate of deposit.
1. Except as otherwise provided in this
section, at the time application is made for an agent’s permit, a license to
operate or a license renewal, the Superintendent shall require the elementary
or secondary educational institution making the application to file a good and
sufficient surety bond in the sum of not less than $5,000. The bond must be
executed by the applicant as principal and by a surety company qualified and
authorized to do business in this state. The bond must be made payable to the
State of Nevada and be conditioned to provide indemnification to any pupil,
enrollee or his or her parent or guardian determined to have suffered damage as
a result of any act by any elementary or secondary educational institution or
its agent which is a violation of any provision of NRS
394.201 to 394.351, inclusive, and the bonding
company shall pay any final, nonappealable judgment of any court of this state
that has jurisdiction, upon receipt of written notice of final judgment. The
bond may be continuous but, regardless of the duration of the bond, the
aggregate liability of the surety does not exceed the penal sum of the bond.
2. The surety bond must cover the period
of the license or the agent’s permit, as appropriate, except when a surety is
released.
3. A surety on any bond filed pursuant to
this section may be released after the surety gives 30 days’ written notice to
the Superintendent, but the release does not discharge or otherwise affect any
claim filed by a pupil, enrollee or his or her parent or guardian for damage resulting
from any act of the elementary or secondary educational institution or agent
which is alleged to have occurred while the bond was in effect, nor for an
institution’s closing operations during the term for which tuition had been
paid while the bond was in force.
4. In lieu of the bond otherwise required
by this section, an institution may purchase a certificate of deposit in an
amount of not less than $5,000 from a financial institution insured by an
agency of the Federal Government or by a private insurer approved pursuant to NRS 678.755. The deposit may be withdrawn
only on the order of the Superintendent, except that the interest may accrue to
the institution. Any pupil, enrollee or his or her parent or guardian who
suffers damage as the result of an act described in subsection 1 may bring and
maintain an action to recover against the certificate of deposit.
5. A license or an agent’s permit is
suspended by operation of law when the institution or agent is no longer
covered by a surety bond as required by this section and no deposit has been
made pursuant to subsection 4 or the deposit has been withdrawn. If a bond has
been filed, the Superintendent shall give the institution or agent, or both, at
least 30 days’ written notice before the release of the surety that the license
or permit will be suspended by operation of law until another surety bond is
filed in the same manner and amount as the bond being terminated.
(Added to NRS by 1975, 1506; A 1979, 1625; 1991, 977; 1999, 1489)
NRS 394.281 Denial of license or permit: Notice; extension of time to
correct deficiencies.
1. If the Board, upon review and
consideration of an application for a license or for an agent’s permit, or a
renewal of a license or agent’s permit, determines that the applicant fails to
meet the criteria for granting the application, the Superintendent shall notify
the applicant by certified mail setting forth the reasons for the denial of the
application.
2. The Superintendent may grant to an
applicant for renewal an extension of time to eliminate the reasons recited in
the denial letter if:
(a) The applicant has demonstrated his or her
desire to meet the criteria; and
(b) The Superintendent reasonably believes that
the applicant can correct the deficiencies within the extension period.
3. If the Board denies an application for
an agent’s permit, or an application for renewal, the Superintendent shall
notify the institution which the agent represented or sought to represent,
setting forth the reasons for the denial.
(Added to NRS by 1975, 1505; A 1979, 1625)
NRS 394.291 Denial or revocation of or condition on license or permit:
Hearing. Any person aggrieved by
the denial or revocation of a license to operate or an agent’s permit, or the
placement of conditions on the license to operate or agent’s permit, is
entitled to a hearing before the Board if the aggrieved person submits a
written request for a hearing within 10 days from receipt of the letter of
denial, revocation or placement of conditions. If no request is submitted
within the prescribed period the decision of the Board is final.
(Added to NRS by 1975, 1505; A 1977, 66; 1979, 1626)
NRS 394.295 Mandatory suspension of agent’s permit for failure to pay child
support or comply with certain subpoenas or warrants; reinstatement of permit.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of an agent’s permit, the Board shall deem the permit issued to that
person to be suspended at the end of the 30th day after the date on which the
court order was issued unless the Board receives a letter issued to the holder
of the permit by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
permit has complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560.
2. The Board shall reinstate an agent’s
permit that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter
issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose permit was
suspended stating that the person whose permit was suspended has complied with
the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2051)
NRS 394.301 Revocation of or condition on license or permit: Notification.
1. The Board may revoke or make
conditional a license to operate or an agent’s permit after its issuance if it
reasonably believes that the holder of the license or permit has violated the
Private Elementary and Secondary Education Authorization Act or any regulations
adopted under it. Prior to the revocation or imposition of conditions, the
Superintendent shall notify the holder by certified mail of facts or conduct
which warrant the impending action and advise the holder that if a hearing is
desired it must be requested within 10 days of receipt of the notice letter.
2. If an agent’s permit is revoked or
conditions imposed, the Superintendent shall, by certified mail, notify the
institutions which the agent represented in addition to the agent and any other
parties to any hearing.
(Added to NRS by 1975, 1505; A 1977, 67; 1979, 1626)
NRS 394.311 Filing of notice of complaint for violation; procedure;
investigation; hearing; remedies.
1. Any person claiming damage either
individually or as a representative of a class of complainants as a result of
any act by an elementary or secondary educational institution or its agent, or
both, which is a violation of the Private Elementary and Secondary Education
Authorization Act or regulations promulgated under it, may file with the
Superintendent a verified complaint against the institution, its agent or both.
The complaint must set forth the alleged violation and contain other
information as required by regulations of the Board. A complaint may also be
filed by the Superintendent on his or her own motion or by the Attorney
General.
2. The Superintendent shall investigate
any verified complaint and may, as part of the investigation, cause an
inspection of the elementary or secondary educational institution to be
conducted. The Superintendent may attempt to effectuate a settlement by persuasion
and conciliation. The Board may consider a complaint after 10 days’ written
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
presented at a hearing, the Board finds that an elementary or secondary
educational institution or its agent, or both, has engaged in any act which
violates the Private Elementary and Secondary Education Authorization Act or
regulations promulgated under it, the Board shall issue and the Superintendent
shall serve upon the institution or agent, or both, an order to cease and
desist from such act. The Board may also, as appropriate, based on the
Superintendent’s investigation or the evidence adduced at the hearing, or both,
institute an action to revoke an institution’s license or an agent’s permit.
(Added to NRS by 1975, 1505; A 1979, 1626; 2007, 191)
NRS 394.321 Postponement of effective date of action pending review. If the Board determines that irreparable
injury would result from putting into immediate effect any final action or
penalty imposed under the Private Elementary and Secondary Education Authorization
Act, it shall postpone the effective 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 Private Elementary and Secondary
Education Authorization Act must be deposited in the State 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 the Superintendent must
accompany an application for a license to operate or for renewal of the license
or an application for an agent’s permit or for renewal of the permit, in
accordance with the following schedule:
1. The application fee for the initial
license of an elementary or secondary educational institution is $300.
2. The renewal fee for the license of an
elementary or secondary educational institution is $250.
3. The application fee for a new license
by reason of a change of ownership is $250.
4. The fee for an agent’s permit or for
renewal of the permit is $50.
(Added to NRS by 1975, 1507; A 1979, 1627; 1989, 663; 2005, 1181; 2007, 192)
NRS 394.341 Discontinuance of operations: Academic records filed with
Superintendent; seizure of records.
1. If any elementary or secondary
educational institution operating in this state proposes to discontinue its
operation, the chief administrative officer of the institution, by whatever
title designated, shall file with the Superintendent original or true copies of
all academic records of the institution as specified by the Superintendent. The
records shall include, as a minimum, academic information customarily required
by schools when considering pupils for transfer or advanced study; and, as a
separate document, the academic record of each former pupil.
2. If it appears to the Superintendent
that academic records of an institution discontinuing its operations are in
danger of being destroyed, secreted, mislaid or otherwise made unavailable, the
Superintendent may seek a court order permitting the seizure of such records.
3. The Superintendent shall receive and
maintain a permanent file of such records coming into his or her possession.
(Added to NRS by 1975, 1507; A 1979, 1627)
NRS 394.351 Unlawful acts. It
is unlawful for any person, alone or in concert with others, to:
1. Operate in this State an elementary or
secondary educational institution not exempted from the provisions of the
Private Elementary and Secondary Education Authorization Act, unless the
institution has a currently valid license to operate.
2. Offer, as or through an agent,
enrollment or instruction in, or educational credentials from, an elementary or
secondary educational institution not exempted from the provisions of the
Private Elementary and Secondary Education Authorization Act, whether the
institution is within or outside this State, unless the agent is a natural
person and has a currently valid agent’s permit, except that the Board may
adopt regulations to permit a person to disseminate legitimate public
information without a permit.
3. Instruct or educate, or offer to
instruct or educate, including advertising or soliciting for such purpose,
enroll or offer to enroll, or contract with any person for such purpose, or
award any educational credential, or contract with any institution or party to
perform any such act in this State, whether the person is located within or
outside this State, unless such person complies with the minimum standards set
forth in NRS 394.241 and the regulations adopted by
the Board.
4. Use the terms “kindergarten,”
“elementary,” “middle school,” “junior high school,” “high school” or
“secondary” without authorization to do so from the Superintendent in
accordance with regulations of 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 and
Mechanical Restraint on Pupils With Disabilities
NRS 394.353 Definitions. As
used in NRS 394.353 to 394.379,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 394.354 to 394.365,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 3242; A 2009, 922)
NRS 394.354 “Aversive intervention” defined. “Aversive
intervention” means any of the following actions if the action is used to
punish a pupil with a disability or to eliminate, reduce or discourage
maladaptive behavior of a pupil 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 a person;
8. The placement of a person alone in a
room where release from the room is prohibited by a mechanism, including,
without limitation, a lock, device or object positioned to hold the door closed
or otherwise prevent the person from leaving the room;
9. Requiring a person to perform exercise
under forced conditions if the:
(a) Person is required to perform exercise
because he or she exhibited a behavior that is related to his or her disability;
(b) Exercise is harmful to the health of the
person because of his or her disability; or
(c) Nature of the person’s disability prevents
him or her from engaging in the exercise; or
10. The deprivation of necessities needed
to sustain the 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
customarily served; or
(b) Medication.
(Added to NRS by 1999, 3243)
NRS 394.355 “Chemical restraint” defined. “Chemical
restraint” means the administration of drugs for the specific and exclusive
purpose of controlling an acute or episodic aggressive behavior when
alternative intervention techniques have failed to limit or control the
behavior. The term does not include the administration of drugs on a regular
basis, as prescribed by a physician, to treat the symptoms of mental, physical,
emotional or behavioral disorders and for assisting a person in gaining
self-control over his or her impulses.
(Added to NRS by 1999, 3243)
NRS 394.356 “Corporal punishment” defined. “Corporal
punishment” means the intentional infliction of physical pain, including,
without limitation, hitting, pinching or striking.
(Added to NRS by 1999, 3243)
NRS 394.357 “Electric shock” defined. “Electric
shock” means the application of electric current to a person’s skin or body.
The term does not include electroconvulsive therapy.
(Added to NRS by 1999, 3243)
NRS 394.358 “Emergency” defined. “Emergency”
means a situation in which immediate intervention is necessary to protect the
physical safety of a person or others from an immediate threat of physical
injury or to protect against an immediate threat of severe property damage.
(Added to NRS by 1999, 3243)
NRS 394.359 “Individualized education program team” defined. “Individualized education 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 “Mechanical restraint” defined. “Mechanical
restraint” means the use of devices, including, without limitation, mittens,
straps and restraint chairs to limit a person’s movement or hold a person
immobile.
(Added to NRS by 1999, 3243)
NRS 394.363 “Physical restraint” defined. “Physical
restraint” means the use of physical contact to limit a person’s movement or
hold a person immobile.
(Added to NRS by 1999, 3244)
NRS 394.364 “Pupil with a disability” defined. “Pupil
with a disability” has the meaning ascribed to it in NRS 388.440.
(Added to NRS by 1999, 3244)
NRS 394.365 “Verbal and mental abuse” defined. “Verbal
and mental abuse” means actions or utterances that are intended to cause and
actually cause severe emotional distress to a person.
(Added to NRS by 1999, 3244)
NRS 394.366 Aversive intervention prohibited. A
person employed by a private school or any other person shall not use any
aversive intervention on a pupil with a disability.
(Added to NRS by 1999, 3244)
NRS 394.367 Physical restraint and mechanical restraint prohibited;
exceptions. A person employed by a
private school or any other person shall not:
1. Except as otherwise provided in NRS 394.368, use physical restraint on a pupil with a
disability.
2. Except as otherwise provided in NRS 394.369, use mechanical restraint on a pupil with
a disability.
(Added to NRS by 1999, 3244)
NRS 394.368 Conditions under which physical restraint may be used; report
required; requirements if pupil has three or five reports of restraint in 1
school year.
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 physical restraint;
(b) The physical restraint is used only for the
period that is necessary to contain the behavior of the pupil so that the pupil
is no longer an immediate threat of causing physical injury to the pupil or to
others or causing severe property damage; and
(c) The use of force in the application of physical
restraint does not exceed the force that is reasonable and necessary under the
circumstances precipitating the use of physical restraint.
2. Physical restraint may be used on a
pupil with a disability and the provisions of subsection 1 do not apply if the
physical restraint is used to:
(a) Assist the pupil in completing a task or
response if the pupil does not resist the application of physical restraint or
if the pupil’s resistance is minimal in intensity and duration;
(b) Escort or carry the pupil to safety if the
pupil is in danger in his or her present location; or
(c) Conduct medical examinations or treatments on
the pupil that are necessary.
3. If physical restraint is used on a
pupil with a disability in an emergency, the use of the procedure must be
reported in the pupil’s cumulative record not later than 1 working day after
the procedure is used. A copy of the report must be provided to the
Superintendent, the administrator of the private school, the pupil’s
individualized education program team, if applicable, and the parent or
guardian of the pupil. If the administrator of the private school determines
that a denial of the pupil’s rights has occurred, the administrator shall
submit a report to the Superintendent in accordance with NRS
394.378.
4. If a pupil with a disability has three
reports of the use of physical restraint in his or her record pursuant to
subsection 3 in 1 school year, the private school in which the pupil is
enrolled shall review the circumstances of the restraint on the pupil and
report its findings to the Superintendent.
5. If a pupil with a disability has five
reports of the use of physical restraint in his or her record pursuant to
subsection 3 in 1 school year, the pupil’s individualized education program or
the pupil’s services plan, as applicable, must be reviewed in accordance with
the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and
the regulations adopted pursuant thereto. If physical restraint continues after
the pupil’s individualized education program or services plan has been
reviewed, the private school and the parent or legal guardian of the pupil
shall include in the pupil’s individualized education program or services plan,
as applicable, additional methods that are appropriate for the pupil to ensure
that restraint does not continue, including, without limitation, mentoring,
training, a functional behavioral assessment, a positive behavior plan and
positive behavioral supports.
(Added to NRS by 1999, 3244; A 2009, 922)
NRS 394.369 Conditions under which mechanical restraint may be used; report
required; requirements if pupil has three or five reports of use in 1 school
year.
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
of mechanical restraint;
(b) A medical order authorizing the use of
mechanical restraint from the pupil’s treating physician is included in the
pupil’s services plan developed pursuant to 34 C.F.R. § 300.138 or the pupil’s
individualized education program, whichever is appropriate, before the
application of the mechanical restraint;
(c) The physician who signed the order required
pursuant to paragraph (b) or the attending physician examines the pupil as soon
as practicable after the application of the mechanical restraint;
(d) The mechanical restraint is applied by a
member of the staff of the private school who is trained and qualified to apply
mechanical restraint;
(e) The pupil is given the opportunity to move
and exercise the parts of his or her body that are restrained at least 10
minutes per every 60 minutes of restraint, unless otherwise prescribed by the
physician who signed the order;
(f) A member of the staff of the private school
lessens or discontinues the restraint every 15 minutes to determine whether the
pupil will stop injury to himself or herself without the use of the restraint;
(g) The record of the pupil contains a notation
that includes the time of day that the restraint was lessened or discontinued
pursuant to paragraph (f), the response of the pupil and the response of the
member of the staff of the private school who applied the mechanical restraint;
(h) A member of the staff of the private school
continuously monitors the pupil during the time that mechanical restraint is
used on the pupil; and
(i) The mechanical restraint is used only for the
period that is necessary to contain the behavior of the pupil so that the pupil
is no longer an immediate threat of causing physical injury to himself or
herself.
2. Mechanical restraint may be used on a
pupil with a disability and the provisions of subsection 1 do not apply if the
mechanical restraint is used to:
(a) Treat the medical needs of the pupil;
(b) Protect a pupil who is known to be at risk of
injury to himself or herself because he or she lacks coordination or suffers
from frequent loss of consciousness;
(c) Provide proper body alignment to a pupil; or
(d) Position a pupil who has physical
disabilities in a manner prescribed in the pupil’s service plan developed
pursuant to 34 C.F.R. § 300.138 or the pupil’s individualized education
program, whichever is appropriate.
3. If mechanical restraint is used on a
pupil with a disability in an emergency, the use of the procedure must be
reported in the pupil’s cumulative record not later than 1 working day after
the procedure is used. A copy of the report must be provided to the
Superintendent, the administrator of the private school, the pupil’s
individualized education program team, if applicable, and the parent or
guardian of the pupil. If the administrator of the private school determines
that a denial of the pupil’s rights has occurred, the administrator shall
submit a report to the Superintendent in accordance with NRS
394.378.
4. If a pupil with a disability has three
reports of the use of mechanical restraint in his or her record pursuant to
subsection 3 in 1 school year, the private school in which the pupil is
enrolled shall review the circumstances of the use of the restraint on the
pupil and provide a report to the Superintendent on its findings.
5. If a pupil with a disability has five
reports of the use of mechanical restraint in his or her record pursuant to
subsection 3 in 1 school year, the pupil’s individualized education program or
the pupil’s services plan, as applicable, must be reviewed in accordance with
the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and
the regulations adopted pursuant thereto. If mechanical restraint continues
after the pupil’s individualized education program or services plan has been
reviewed, the private school and the parent or legal guardian of the pupil
shall include in the pupil’s individualized education program or services plan,
as applicable, additional methods that are appropriate for the pupil to ensure
that the restraint does not continue, including, without limitation, mentoring,
training, a functional behavioral assessment, a positive behavior plan and
positive behavioral supports.
6. As used in this section,
“individualized education program” has the meaning ascribed to it in 20 U.S.C.
§ 1414(d)(1)(A).
(Added to NRS by 1999, 3244; A 2009, 923)
NRS 394.372 Education and training for staff.
1. If a private school provides
instruction to pupils with disabilities, the school shall develop a program of
education for the members of the staff of the school who provide services to
pupils with disabilities. The program of education must provide instruction in
positive behavioral interventions and positive behavioral supports that:
(a) Includes positive methods to modify the
environment of pupils with disabilities to promote adaptive behavior and reduce
the occurrence of inappropriate behavior;
(b) Includes methods to teach skills to pupils
with disabilities so that the pupils can replace inappropriate behavior with
adaptive behavior;
(c) Includes methods to enhance the independence
and quality of life for pupils with disabilities;
(d) Includes the use of the least intrusive
methods to respond to and reinforce the behavior of pupils with disabilities;
and
(e) Offers a process for designing interventions
based upon the pupil that are focused on promoting appropriate changes in
behavior as well as enhancing the overall quality of life for the pupil.
2. If a private school provides
instruction to pupils with disabilities, the school shall provide appropriate
training for the members of the staff of the school who are authorized to carry
out and monitor physical restraint and mechanical restraint to ensure that
those members of the staff are qualified to carry out the procedures in
accordance with NRS 394.353 to 394.379, inclusive.
(Added to NRS by 1999, 3246)
NRS 394.375 Disciplinary action against person for intentional violation. In addition to any penalty prescribed by
specific statute, a person who intentionally uses aversive intervention on a
pupil with a disability or intentionally violates NRS
394.367, is subject to appropriate disciplinary action by the private
school that employs the person.
(Added to NRS by 1999, 3246)
NRS 394.376 Report of violation; corrective plan required.
1. A private school where a violation of NRS 394.353 to 394.379,
inclusive, occurs shall report the violation to the Superintendent not later
than 24 hours after the violation occurred, or as soon thereafter as the
violation is discovered.
2. The private school where a violation
occurred shall develop, in cooperation with the Superintendent, a corrective
plan to ensure that within 30 calendar days after the violation occurred,
appropriate action is taken by the private school to prevent future violations.
3. The Superintendent shall submit the
plan to the Department. The Department shall review the plan to ensure that it
complies with applicable federal law and the statutes and regulations of this
state. The Department may require appropriate revision of the plan to ensure
compliance.
(Added to NRS by 1999, 3246)
NRS 394.377 Retaliation for reporting violation prohibited. An officer, administrator or employee of a
private school shall not retaliate against any person for having:
1. Reported a violation of NRS 394.353 to 394.379,
inclusive; or
2. Provided information regarding a
violation of NRS 394.353 to 394.379,
inclusive,
Ê by a private
school or a member of the staff of the private school.
(Added to NRS by 1999, 3246)
NRS 394.378 Reporting of denial of rights; investigation and resolution of
disputes by Superintendent.
1. A denial of rights of a pupil with a
disability pursuant to NRS 394.353 to 394.379, inclusive, must be entered in the pupil’s
cumulative record. Notice of the denial must be provided to the administrator
of the private school.
2. If the administrator of a private
school receives notice of a denial of rights pursuant to subsection 1, the
administrator shall cause a full report to be prepared which must set forth in detail
the factual circumstances surrounding the denial. A copy of the report must be
provided to the Superintendent.
3. The Superintendent:
(a) Shall receive reports made pursuant to
subsection 2;
(b) May investigate apparent violations of the
rights of pupils with disabilities; and
(c) May act to resolve disputes relating to
apparent violations.
(Added to NRS by 1999, 3246)
NRS 394.379 Annual report by private schools on use of restraint and
violations; compilation of reports by Department; submission of compilation to
Legislature.
1. The administrative head of each private
school that provides instruction to pupils with disabilities shall, on or
before August 15 of each year, prepare a report that includes, without
limitation:
(a) The number of instances in which physical
restraint was used at the private school during the immediately preceding
school year, which must indicate the number of instances per teacher employed
at the private school and per pupil enrolled at the private school without
disclosing personally identifiable information about the teacher or the pupil;
(b) The number of instances in which mechanical
restraint was used at the private school during the immediately preceding
school year, which must indicate the number of instances per teacher employed
at the private school and per pupil enrolled at the private school without
disclosing personally identifiable information about the teacher or the pupil;
and
(c) The number of violations of NRS 394.353 to 394.379,
inclusive, by type of violation, which must indicate the number of violations
per teacher employed at the private school and per pupil enrolled at the
private school.
2. On or before August 15 of each year,
the administrative head of each private school that provides instruction to
pupils with disabilities shall submit to the Department the report prepared
pursuant to subsection 1. The report must be in the form prescribed by the
Department.
3. The Department shall compile the data
submitted by each private school pursuant to subsection 2 and prepare a written
report of the compilation, disaggregated by each private school. On or before
October 1 of each year, the Department shall submit the written compilation:
(a) In even-numbered years, to the Director of
the Legislative Counsel Bureau for transmission to the next regular session of
the Legislature.
(b) In odd-numbered years, to the Legislative
Committee on Education.
4. If a particular item in a report
required pursuant to this section would reveal personally identifiable
information about an individual pupil or teacher, that item must not be
included in the report.
(Added to NRS by 2009, 921)
COMMISSION ON POSTSECONDARY EDUCATION; PRIVATE
POSTSECONDARY EDUCATIONAL INSTITUTIONS
NRS 394.383 Commission: Creation; number, appointment and compensation of
members; expenses of employees.
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 to receive a salary of not more than $80, as fixed by the Commission,
for each day’s 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 diem allowance and travel expenses provided for state officers and
employees generally.
(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 of Commissioners.
1. The Governor shall appoint:
(a) One member who is a representative of the
State Board of Education.
(b) Two members who are knowledgeable in the
field of education, 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
private postsecondary educational institutions.
(d) Two members who are representatives of the
general public and are not associated with the field of education.
2. The Commission shall designate a Chair.
The Administrator is the Executive Secretary. The Commission may meet regularly
at least four times each year at such places and times as may be specified by a
call of the Chair or majority of the Commission. The Commission shall prescribe
regulations for its own management. Four members of the Commission constitute a
quorum which may exercise all the authority conferred upon the Commission.
3. Any Commissioner may be removed by the
Governor if, in the opinion of the Governor, the Commissioner is guilty of
malfeasance in office or neglect of duty.
(Added to NRS by 1975, 1508; A 1977, 1214; 1983, 1441)
NRS 394.411 Regulations of Commission; administration by Administrator.
1. The Commission shall adopt regulations
governing the administration of NRS 394.383 to 394.560, inclusive, and may adopt such other
regulations as are proper or necessary for the execution of the powers and
duties conferred upon it by law.
2. The Administrator shall execute, direct
or supervise all administrative, technical and procedural activities for which
the Administrator is responsible in accordance with the policies and
regulations of the Commission and subject to the Commission’s direction and
control.
(Added to NRS by 1975, 1508; A 1979, 1628; 1985, 992; 1995, 324; 1997, 2053)
NRS 394.415 Licensing of postsecondary educational institution. Except as otherwise provided in NRS 397.060, the Commission is the sole
authority for licensing a postsecondary educational institution. Any person who
operates or claims to operate such an institution must be licensed by the
Commission. The Administrator may require any person who operates or claims to
operate such an institution to furnish information which will allow the
Commission to determine whether a license is required.
(Added to NRS by 1985, 987; A 2013, 1671)
NRS 394.421 Powers and duties of Commission.
1. The Commission shall:
(a) Establish minimum criteria including quality
of education, ethical and business practices, health and safety, and fiscal
responsibility, which applicants for a license to operate, or for an agent’s
permit, must meet before the license or permit may be issued and to continue
the license or permit in effect. The criteria must not unreasonably hinder
legitimate educational innovation.
(b) Adopt regulations concerning the content of
the agreement to enroll.
2. The Commission may:
(a) Issue, suspend or revoke a license, or a
provisional license;
(b) Authorize a postsecondary educational
institution to offer a degree in a specific subject; and
(c) Authorize a postsecondary educational
institution to 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 Powers and duties of Administrator.
1. The Administrator shall:
(a) Receive and investigate applications for a
license and applications to add a new vocational program or a new degree.
(b) Receive, investigate and act upon:
(1) Applications for an agent’s permit,
renewal of a license or agent’s permit or authorization for the employment of
agents; and
(2) Changes in ownership or requirements
for a degree.
(c) Recommend to the Commission whether licensing
is required.
2. The Administrator may:
(a) With the approval of the Commission, negotiate
and enter into interstate reciprocity agreements with similar agencies in other
states, if in the judgment of the Administrator the agreements are or will be
helpful in effectuating the purposes of NRS 394.383
to 394.560, inclusive. Nothing contained in any
reciprocity agreement may limit the powers, duties and responsibilities of the
Administrator independently to investigate or act upon any application for a
license to operate a postsecondary educational institution, or an application
for issuance or renewal of any agent’s permit, or with respect to the
enforcement of any provision of this chapter, or any regulation promulgated
pursuant to it.
(b) Investigate, on the Administrator’s own
initiative or in response to any complaint lodged with the Administrator, any
person subject to, or reasonably believed by the Administrator to be subject
to, the Commission’s jurisdiction. During an investigation the Administrator
may:
(1) Subpoena any persons, books, records
or documents pertaining to the investigation;
(2) Require answers in writing under oath
to questions prepared by the Administrator or the Commission; and
(3) Administer an oath or affirmation to
any person.
Ê A subpoena
issued by the Administrator may be enforced by any district court of this
state.
(c) Exercise other powers implied but not
enumerated in this section that are necessary in order to carry out the
Administrator’s duties.
(Added to NRS by 1975, 1509; A 1979, 1629; 1985, 993; 1989, 1458)
NRS 394.440 Information and expert witnesses to be provided by other state
agencies; consultation with experts outside State Government.
1. The Administrator may request from any
department, division, board, bureau, commission or other agency of the State,
and the latter agency shall provide at no cost, any information which it
possesses or expert witnesses whom it employs that will enable the
Administrator to exercise properly his or her powers and perform his or her
duties. If the witness or information is requested to aid the Commission in
deciding whether to issue or renew a license or to allow a postsecondary
educational institution to add new programs or degrees, the Administrator may
require the institution making the application to pay to the witness the per diem
allowance and travel expenses allowed for state officers and employees
generally.
2. If no agency of the State possesses the
information or expert knowledge which the Commission finds is necessary to a
determination of whether an applicant for the issuance or renewal of a license
has complied with the minimum standards prescribed by the Commission pursuant
to law, the Commission may consult with persons outside State Government who
have the requisite expert knowledge, and may require that the necessary cost of
such consultation be paid by the institution whose application is under
consideration.
(Added to NRS by 1975, 1510; A 1979, 699, 1630; 1985, 994)
NRS 394.441 Information provided to students before enrollment; educational
credentials for students; maintenance of records; copy of agreement to enroll
provided to student; posting of certain information at institution. A postsecondary educational institution shall:
1. Provide students and other interested
persons with a catalog or brochure containing information describing the
programs offered, objectives of the program, length of the program, schedule of
tuition, fees and all other charges and expenses necessary for completion of
the course of study, policies concerning cancellations and refunds, an
explanation of the Account for Student Indemnification and other material facts
concerning the institution and the program or course of instruction that are
likely to affect the decision of the student to enroll therein, together with
any other disclosures specified by the Administrator or defined in the
regulations of the Commission. The information must be provided before
enrollment.
2. Provide each student who satisfactorily
completes the training with appropriate educational credentials indicating:
(a) That the course of instruction or study has
been satisfactorily completed by the student; and
(b) If the training does not lead to a degree,
the number of hours of instruction or credits required of the student to
complete the 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
agreement to enroll, dated and signed by the student or the student’s guardian
and an officer of the institution.
5. For each program offered at the
institution that does not lead to a degree, collect and maintain information
concerning:
(a) The number of students enrolled in the
program and the number and names of students who have obtained employment in
related fields, with their locations of placement;
(b) The number of:
(1) Students enrolled in the program;
(2) Students who have graduated from the
program; and
(3) Graduates who have obtained employment
in fields related to the instruction offered in the program, with the average
compensation of such graduates; or
(c) For each such program offered to prepare
students for a licensing examination:
(1) The number of students enrolled in the
program;
(2) The number of such students who have
graduated from the program; and
(3) The number of such graduates who have
passed the examination.
6. Select, from the information collected
pursuant to subsection 5, the information relating to any 6-month period within
the 18-month period preceding its next date for enrollment. The information for
the period selected must be set forth in written form and posted conspicuously
at the institution.
(Added to NRS by 1985, 989; A 1989, 1459; 1995, 324)
NRS 394.443 Procedure for grievances; receipt for payment by student; annual
report to Commission. A
postsecondary educational institution shall:
1. Post in a conspicuous place a notice
supplied by the Administrator stating that grievances may be submitted to the
Administrator for 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 forms it supplies. The report must include, without limitation,
the annual income received by the institution from tuition.
(Added to NRS by 1985, 989; A 1997, 1412)
NRS 394.445 Financial condition; false or misleading advertising prohibited;
employment of personnel. A
postsecondary educational institution:
1. Must be financially sound and capable
of fulfilling its commitments to students.
2. Shall not engage in advertising, sales,
collection, credit or other practices of any type which are false, deceptive,
misleading or unfair.
3. Shall employ persons of good reputation
and character.
(Added to NRS by 1985, 989)
NRS 394.447 Accreditation as evidence of compliance with minimum standards. Accreditation may be accepted as evidence of
compliance with the minimum standards established by the Commission, or the
Administrator may require further evidence and make further investigation as in
the judgment of the Administrator or the judgment of the Commission are
necessary. Accreditation may be accepted as evidence of compliance only as to
the portion or program of an institution accredited by the agency if the
institution as a whole is not accredited. Upon request by the Administrator,
the institution shall submit copies of all written materials in its possession
relating to its accreditation. Except as otherwise provided in NRS 239.0115, the Administrator shall
keep the materials confidential.
(Added to NRS by 1985, 989; A 1989, 1460; 2007, 2100)
NRS 394.449 Requirements of policy for refunds by institutions.
1. Each postsecondary educational
institution shall have a policy for refunds which at least provides:
(a) That if the institution has substantially
failed to furnish the training program agreed upon in the enrollment agreement,
the institution shall refund to a student all the money the student has paid.
(b) That if a student cancels his or her
enrollment before the start of the training program, the institution shall
refund to the student all the money the student has paid, minus 10 percent of
the tuition agreed upon in the enrollment agreement or $100, whichever is less.
(c) That if a student withdraws or is expelled by
the institution after the start of the training program and before the
completion of more than 60 percent of the program, the institution shall refund
to the student a pro rata amount of the tuition agreed upon in the enrollment
agreement, minus 10 percent of the tuition agreed upon in the enrollment
agreement or $100, whichever is less.
(d) That if a student withdraws or is expelled by
the institution after completion of more than 60 percent of the training
program, the institution is not required to refund the student any money and
may charge the student the entire cost of the tuition agreed upon in the
enrollment agreement.
2. If a refund is owed pursuant to
subsection 1, the institution shall pay the refund to the person or entity who
paid the tuition within 15 calendar days after the:
(a) Date of cancellation by a student of his or
her enrollment;
(b) Date of termination by the institution of the
enrollment of a student;
(c) Last day of an authorized leave of absence if
a student fails to return after the period of authorized absence; or
(d) Last day of attendance of a student,
Ê whichever is
applicable.
3. Books, educational supplies or
equipment for individual use are not included in the policy for refund required
by subsection 1, and a separate refund must be paid by the institution to the
student if those items were not used by the student. Disputes must be resolved
by the Administrator for refunds required by this subsection on a case-by-case
basis.
4. For the purposes of this section:
(a) The period of a student’s attendance must be
measured from the first day of instruction as set forth in the enrollment
agreement through the student’s last day of actual attendance, regardless of
absences.
(b) The period of time for a training program is
the period set forth in the enrollment agreement.
(c) Tuition must be calculated using the tuition
and fees set forth in the enrollment agreement and does not include books,
educational supplies or equipment that is listed separately from the tuition
and fees.
(Added to NRS by 1985, 989; A 1989, 1460; 1995, 325; 2005, 635)
NRS 394.450 Quality and content of courses and programs; adequate
facilities, materials and personnel; compliance with ordinances and laws;
adequate housing for students. A
postsecondary educational institution shall ensure that:
1. The quality and content of each
vocational or academic course or program of instruction, training or study
reasonably and adequately achieve the stated objective for which the course or
program is offered.
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
students with an education consistent with the objectives of the course or
program of study.
4. The institution is maintained and
operated in compliance with all pertinent local ordinances and state laws,
including regulations adopted pursuant thereto, relative to the safety and
health of all persons upon the premises.
5. The housing, if any, owned, maintained
or approved by the institution for its students is appropriate, safe and
adequate.
(Added to NRS by 1975, 1510; A 1979, 1630; 1985, 994)
NRS 394.455 Evaluation prerequisite to licensing of unaccredited
institution; panel of evaluators; reports; response by institution; acceptance
or rejection of recommendations of panel.
1. The Commission shall not issue a
license to operate an unaccredited institution which grants degrees until the
institution has been evaluated by the Commission. Each existing or new
institution must be evaluated at least once, but the Commission may require
subsequent evaluations.
2. The Chair of the Commission shall
appoint a panel of evaluators for each institution composed of representatives
of institutions or businesses that are directly affected by the program and
persons who significantly contribute to the evaluation because of special
knowledge. The Administrator shall accompany the panel as an observer.
3. One hundred and twenty days before the
meeting of the Commission at which the issuance or renewal of a license will be
considered, the panel of evaluators shall present to the Administrator and to
the institution a report specifying the extent to which the institution meets
the standards established by the Commission, and recommending:
(a) Issuance or renewal of the license with no
qualifications;
(b) Issuance of a provisional license; or
(c) Revocation of the license.
4. The institution’s response to the
report must be received in the office of the Administrator no later than 90
days before the meeting at which the license will be considered.
5. If the institution’s response shows
progress toward meeting the standards, or if the response furnishes information
which indicates that the standards are being adhered to, the representatives of
the panel of evaluators shall review the institution again to verify the
response and incorporate it into their report. The panel of evaluators shall
make a final report to the Administrator no later than 45 days before the
meeting at which the license will be considered.
6. The Administrator may recommend that
the Commission accept the evaluation or that it reject the report. If the
Commission rejects the panel’s recommendation, it shall record the specific
reason for doing so in its minutes.
(Added to NRS by 1985, 988; A 1989, 1462)
NRS 394.460 License: Application; issuance; provisional license; term;
change in ownership or location; addition to facilities; renewal.
1. Each person required to be licensed as
a postsecondary educational institution by the Commission or each postsecondary
educational institution requesting to add a new program or degree or to renew a
license must apply to the Administrator, upon forms provided by the
Administrator. The application must be accompanied by the required fees. The
institution’s curriculum and financial statement are confidential except as
otherwise provided in NRS 239.0115 or
unless, in the opinion of the Commission, they militate against the issuance of
a license.
2. After review of the application, any
other information required by the Administrator and the report of the panel of
evaluators, and an investigation of the applicant if necessary, the Commission
shall grant or deny a license or grant a provisional license for a term
specified by the Commission. Before the expiration of a provisional license,
the Administrator shall inspect the institution, or the Commission may require
the appointment of a panel of evaluators to inspect the institution, and
recommend whether to revoke or continue the provisional license or to grant an
unqualified license. The Commission may accept or reject the recommendation.
3. The license must state at least the
following information:
(a) The date of issuance, effective date and term
of the license.
(b) The correct name, address and owner of the
institution.
(c) The approved degrees or occupational
subjects.
(d) Any limitation considered necessary by the
Commission.
4. The term for which a license is given
must not exceed 2 years. The license must be posted in a conspicuous place.
5. The license must be issued to the owner
or governing body of the institution and is nontransferable. If a change in
ownership of the institution occurs, the owner to whom the license was issued
shall inform the Administrator, and the new owner or governing body must, within
10 days after the change in ownership, apply for an approval of the change of
ownership. If it fails to do so, the license terminates.
6. Within 10 days after a change of
location or an addition of buildings or other facilities, the institution must file
a notice of the change with the Administrator.
7. At least 60 days before the expiration
of a license, the institution must complete and file with the Administrator an
application for renewal of its license.
(Added to NRS by 1975, 1511; A 1977, 126; 1979, 1631; 1985, 996; 1989, 1462; 2007, 2100)
NRS 394.463 Payment by institution of subsistence and travel for inspections
and certain meetings of Commission; claims.
1. The institution shall pay the per diem
allowance and travel expenses allowed for state officers and employees
generally, to the members of the panel of evaluators, the Administrator and
employees of the Commission during their inspections of the institution and to
the member of the panel who attends the meeting of the Commission at which the
license is discussed. The institution shall also pay the cost of preparing and
printing the report of the panel.
2. Each claim for reimbursement of these
expenses must be submitted to the Administrator within 30 days after they are
incurred. The Administrator shall verify the claim and forward it to the
institution. Within 30 days after its receipt, the institution shall issue a
negotiable instrument which is payable to the claimant and send it to the
Administrator, who shall send it to the claimant.
(Added to NRS by 1985, 988)
NRS 394.465 Background investigation of certain applicants for employment
with postsecondary educational institution; confidentiality of results; payment
of cost by applicant; exception to requirements for certain applicants.
1. Except as otherwise provided in
subsection 6, before a postsecondary educational institution employs or
contracts with a person:
(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 officer or any similar position; or
(c) To act as an agent for the institution,
Ê the applicant
must submit to the Administrator the information set forth in subsection 2.
2. The applicant must submit to the
Administrator:
(a) A complete set of fingerprints taken by a law
enforcement agency and written permission authorizing the Administrator to
submit the applicant’s fingerprints to the Central Repository for Nevada
Records of Criminal History for submission to the Federal Bureau of
Investigation for a report on the applicant’s background and to such other law
enforcement agencies as the Administrator deems necessary; or
(b) Written verification, on a form prescribed by
the Administrator, stating that the fingerprints of the applicant were taken
and directly forwarded electronically or by another means to the Central
Repository and that the applicant has given written permission to the law
enforcement agency or other authorized entity taking the fingerprints to submit
the fingerprints to the Central Repository for submission to the Federal Bureau
of Investigation for a report on the applicant’s background and to such other
law enforcement agencies as the Administrator deems necessary.
3. The Administrator may:
(a) Unless the applicant’s fingerprints are
directly forwarded pursuant to paragraph (b) of subsection 2, submit those
fingerprints to the Central Repository for submission to the Federal Bureau of
Investigation and to such other law enforcement agencies as the Administrator
deems necessary; and
(b) Request from each such agency any information
regarding the applicant’s background as the Administrator deems necessary.
4. Except as otherwise provided in NRS 239.0115, the Administrator shall
keep the results of the investigation confidential.
5. The applicant shall pay the cost of the
investigation.
6. An applicant is not required to satisfy
the requirements of this section if the applicant:
(a) Is licensed by the Superintendent of Public
Instruction;
(b) Is an employee of the United States
Department of Defense;
(c) Is a member of the faculty of an accredited
postsecondary educational institution in another state who is domiciled in a
state other than Nevada and is present in Nevada for a temporary period to
teach at a branch of that accredited institution;
(d) Is an instructor who provides instruction
from a location outside this State through a program of distance education for
a postsecondary educational institution licensed by the Commission who
previously underwent an investigation of his or her background and the
Administrator determines that an additional investigation is not necessary; or
(e) Has satisfied the requirements of subsection
1 within the immediately preceding 5 years.
7. As used in this section, “distance
education” means instruction delivered by means of video, computer, television,
or the Internet or other electronic means of communication, or any combination
thereof, in such a manner that the person supervising or providing the
instruction and the student receiving the instruction are separated
geographically.
(Added to NRS by 1985, 987; A 1987, 409, 1013, 1441; 1989, 1463; 1997, 3228; 2003, 2850; 2007, 2101; 2011, 1911)
NRS 394.470 Agent’s permit: Requirements for issuance and renewal; term.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. Each person desiring to solicit or
perform the services of an agent in this state must apply to the Administrator
upon forms provided by the Administrator. The application must:
(a) Be accompanied by evidence of the good
reputation and character of the applicant;
(b) Be in a form prescribed by the Administrator;
(c) Include a copy of the application for an
investigation of the applicant’s background by the sheriff;
(d) Include the social security number of the
applicant; and
(e) State the name of the institution the
applicant intends to represent.
2. An agent representing more than one
institution must obtain a separate agent’s permit for each institution
represented, except that if an agent represents institutions having a common
ownership, only one agent’s permit is required with respect to the
institutions.
3. If any institution the applicant
intends to represent does not have a license to operate in this state, the
application must be accompanied by:
(a) The information required from institutions
applying for a license;
(b) Evidence that the institution meets the
criteria established for licensed institutions;
(c) Evidence of compliance with NRS 394.480 and the payment of the fees required by
law; and
(d) Evidence that the institution is accredited.
4. After a review of the application and
other information submitted by the applicant, as required by regulation of the
Commission, and any investigation of the applicant the Administrator considers
appropriate, the Administrator shall grant or deny an agent’s permit to the
applicant.
5. The agent’s permit must state in a
clear and conspicuous manner at least the following information:
(a) The date of issuance, effective date and term
of the permit.
(b) The correct name and address of the agent.
(c) The names of the institutions the agent is
authorized to represent.
6. An agent’s permit must not be issued
for a term of more than 1 year.
7. At least 30 days before the expiration
of an agent’s permit, the agent must complete and file with the Administrator
an application for renewal of the permit. The Administrator shall review and
act upon the renewal 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)
NRS 394.470 Agent’s permit:
Requirements for issuance and renewal; term. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
1. Each person desiring to solicit or
perform the services of an agent in this state must apply to the Administrator
upon forms provided by the Administrator. The application must:
(a) Be accompanied by evidence of the good
reputation and character of the applicant;
(b) Be in a form prescribed by the Administrator;
(c) Include a copy of the application for an
investigation of the applicant’s background by the sheriff; and
(d) State the name of the institution the
applicant intends to represent.
2. An agent representing more than one
institution must obtain a separate agent’s permit for each institution represented,
except that if an agent represents institutions having a common ownership, only
one agent’s permit is required with respect to the institutions.
3. If any institution the applicant
intends to represent does not have a license to operate in this state, the
application must be accompanied by:
(a) The information required of institutions
applying for a license;
(b) Evidence that the institution meets the
criteria established for licensed institutions;
(c) Evidence of compliance with NRS 394.480 and the payment of the fees required by
law; and
(d) Evidence that the institution is accredited.
4. After review of the application and
other information submitted by the applicant, as required by regulation of the
Commission, and any investigation of the applicant the Administrator considers
appropriate, the Administrator shall grant or deny an agent’s permit to the
applicant.
5. The agent’s permit must state in a
clear and conspicuous manner at least the following information:
(a) The date of issuance, effective date and term
of the permit.
(b) The correct name and address of the agent.
(c) The names of the institutions the agent is
authorized to represent.
6. An agent’s permit must not be issued
for a term of more than 1 year.
7. At least 30 days before the expiration
of an agent’s permit, the agent must complete and file with the Administrator
an application for renewal of the permit. The Administrator shall review and
act upon the renewal 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 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 394.473 Additional requirements for issuance and renewal of agent’s
permit: Statement regarding obligation of child support; grounds for denial of
permit; duty of Administrator. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. An applicant for the issuance or
renewal of an agent’s permit shall submit to the Administrator the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.
2. The Administrator shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the agent’s permit; or
(b) A separate form prescribed by the
Administrator.
3. An agent’s permit may not be issued or
renewed by the Administrator if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Administrator shall advise the applicant to contact the district attorney or
other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2051)
NRS 394.474 Additional requirements for renewal of agent’s permit:
Information regarding whether applicant has state business license; grounds for
nonrenewal.
1. In addition to any other requirements
set forth in this chapter, an applicant for the renewal of an agent’s permit
must indicate in the application submitted to the Administrator whether the
applicant has a state business license. If the applicant has a state business
license, the applicant must include in the application the state business
license number assigned by the Secretary of State upon compliance with the
provisions of chapter 76 of NRS.
2. An agent’s permit may not be renewed by
the Administrator if:
(a) The applicant fails to submit the information
required by subsection 1; or
(b) The State Controller has informed the
Administrator pursuant to subsection 5 of NRS
353C.1965 that the applicant owes a debt to an agency that has been
assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the
payment of the debt pursuant to NRS 353C.130;
or
(3) Demonstrated that the debt is not
valid.
3. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2729)
NRS 394.475 Authorization by Administrator for employment of agents by
postsecondary educational institution. Before
a postsecondary educational institution employs agents or contracts with
persons to act as agents for the institution, it must apply for and receive
from the Administrator authorization for the employment of agents.
(Added to NRS by 1989, 1458)
NRS 394.480 Surety bond required of certain institutions; Commission
authorized to require additional bond; release of surety on bond; suspension of
agent’s permit if institution not covered by bond.
1. Notwithstanding the provisions of NRS 100.065 to the contrary, each:
(a) Postsecondary educational institution
initially licensed on or after July 1, 1995, shall file with the Administrator
a surety bond in the amount of $10,000 or in a greater amount determined by the
Commission for the period of the initial license to operate, including any
provisional period.
(b) Postsecondary educational institution or
other entity which is authorized to employ one or more agents in this State
shall file with the Administrator a surety bond in the amount of $10,000 or in
a greater amount determined by the Commission for the period of the agent’s
permit.
(c) Postsecondary educational institution that
poses a financial risk to the students who are enrolled in the institution, as
determined by the Commission, shall file with the Administrator a surety bond
in the amount of $10,000 or in a greater amount determined by the Commission
for a period that the Commission determines is appropriate.
(d) Postsecondary educational institution that
files for a change of ownership shall file with the Administrator a surety bond
in the amount of $10,000 or in a greater amount determined by the Commission
for the period of the initial license to operate issued to the new owner, including
any provisional period.
(e) Postsecondary educational institution may be
required by the Commission to file a new or supplementary bond in an amount and
for a period determined appropriate by the Commission if the Commission
determines that the current bond filed by the institution is insufficient to
cover all claims, accrued or contingent, against the institution.
2. The bond required of a postsecondary
educational institution pursuant to subsection 1 must be executed by the entity
that owns the institution as principal, by a surety company as surety and by a
licensed insurance agent residing in this State. The bond must be payable to
the State of Nevada and must be conditioned to provide indemnification to any
student, enrollee or his or her parent or guardian determined by the Commission
to have suffered damage as a result of any act by the postsecondary educational
institution that is a violation of NRS 394.383 to 394.560, inclusive. The bonding company shall provide
indemnification upon receipt of written notice of the determination by the
Commission. The bond may be continuous, but regardless of the duration of the
bond the aggregate liability of the surety does not exceed the penal sum of the
bond.
3. A surety on any bond filed pursuant to
this section may be released after the surety gives 30 days’ written notice to
the Administrator, but the release does not discharge or otherwise affect any
claim filed by a student, enrollee or his or her parent or guardian for damage
resulting from any act of the postsecondary educational institution or agent
alleged to have occurred while the bond was in effect, or for an institution’s
ceasing operations during the term for which tuition had been paid while the
bond was in force.
4. A license or an agent’s permit is
suspended by operation of law when the institution or agent is no longer
covered by a surety bond as required by this section. The Administrator shall
give the institution or agent, or both, at least 20 days’ written notice before
the release of the surety, to the effect that the license or permit will be
suspended by operation of law until another surety bond is filed in the same
manner and amount as the bond being terminated.
5. If any student is entitled to a refund
from an institution pursuant to any provision of NRS
394.383 to 394.560, inclusive, the surety 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 Denial of license, permit or authorization: Notice; extension of
time to correct deficiencies.
1. If the Commission, upon review and
consideration of a 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 an agent’s permit, for renewal of a license or agent’s permit
or for authorization to employ agents, determines that the applicant fails to
meet the criteria for granting the application, the Administrator shall notify
the applicant by certified mail, setting forth the reasons for the denial of the
application.
2. The Administrator may grant to an
applicant for renewal an extension of time to eliminate the reasons recited in
the denial letter if:
(a) The applicant has demonstrated his or her
desire to meet the criteria; and
(b) The Administrator reasonably believes that
the applicant can correct the deficiencies within the extension period.
3. If the Administrator denies an
application for an agent’s permit, or an application for renewal, the
Administrator shall notify the institution the agent represented or sought to
represent, setting forth the reasons for the denial.
(Added to NRS by 1975, 1513; A 1979, 1634; 1989, 1465)
NRS 394.500 Denial of permit or authorization: Hearing. Any person aggrieved by the denial of an agent’s
permit or by the denial of authorization to employ agents is entitled to a
hearing before the Commission, if the person submits a written request for a
hearing within 15 days after the letter of denial is mailed to his or her last
known address. If no request is submitted within 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 Revocation of or conditions on license or permit: Grounds;
notification; cessation of operations; administrative fine.
1. The Commission may impose an
administrative fine of not more than $10,000 against a licensee, revoke a
license, or make a license conditional after its issuance, if the Commission
reasonably believes that the holder has violated the provisions of NRS 394.383 to 394.560,
inclusive, or regulations adopted pursuant to those sections, or has failed to
comply with a lawful order of the Commission. The Administrator shall notify
the institution of the reasons for the action by certified mail to its last
known address, 20 days before the meeting of the Commission at which the action
will be considered.
2. If the Commission revokes a license,
the institution shall cease its operations and granting degrees and shall
refund to each enrolled student the cost of the student’s current course or
program.
3. The Administrator may impose an
administrative fine of not more than $10,000 against an institution or agent,
revoke an agent’s permit, or make a permit conditional after its issuance, if
the Administrator reasonably believes that the holder has violated the
provisions of NRS 394.383 to 394.560,
inclusive, or regulations adopted pursuant thereto. Before action is taken, the
Administrator shall notify the holder by certified mail of facts or conduct
that warrant the impending action and advise the holder that if a hearing is
desired it must be requested within 10 days after receipt of the notice letter.
If no hearing is requested within the prescribed period the action becomes
final.
4. If an agent is fined or the agent’s
permit is revoked or conditions imposed, the Administrator shall notify, by
certified mail, the institution the agent represented in addition to the agent
and any other parties to any hearing.
(Added to NRS by 1975, 1513; A 1977, 68; 1979, 1634; 1985, 999; 1989, 1466; 1995, 328)
NRS 394.515 Mandatory suspension of agent’s permit for failure to pay child
support or comply with certain subpoenas or warrants; reinstatement of permit.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Administrator receives a copy of
a court order issued pursuant to NRS
425.540 that provides for the suspension of all professional, occupational
and recreational licenses, certificates and permits issued to a person who is
the holder of an agent’s permit, the Administrator shall deem the permit issued
to that person to be suspended at the end of the 30th day after the date on
which the court order was issued unless the Administrator receives a letter
issued to the holder of the permit by the district attorney or other public
agency pursuant to NRS 425.550 stating
that the holder of the permit has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
2. The Administrator shall reinstate an
agent’s permit that has been suspended by a district court pursuant to NRS 425.540 if the Administrator receives
a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose permit was
suspended stating that the person whose permit was suspended has complied with
the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2052)
NRS 394.520 Complaint of violation: Procedure; hearing; remedies.
1. Until 1 year after the last date of
attendance or date on which the damage occurred, whichever is later, a person
claiming damage as a result of any act by a postsecondary educational
institution or its agent, or both, that is a violation of NRS 394.383 to 394.560,
inclusive, or regulations adopted pursuant thereto, may file with the
Administrator a verified complaint against the institution, its agent, or both.
The complaint must set forth the alleged violation and contain other
information as required by regulations of the Commission. A complaint may also
be filed by a Commissioner or the Attorney General or initiated by the
Administrator.
2. The Administrator shall investigate any
verified complaint and may, at his or her discretion, attempt to effectuate a
settlement by arbitration, mediation or negotiation. The Administrator may also
consult with the applicable accrediting body to resolve the complaint. If a
settlement cannot be reached, the Administrator shall render a decision and
notify each party of the decision and the reasons for it by certified mail to
his or her last known address. Either party may request a hearing before the
Commission by notifying the Administrator by certified mail within 15 days
after the decision was mailed to the party. The hearing must be held at the
next meeting of the Commission in the geographical area convenient to the
parties. If a hearing is not requested, the decision of the Administrator is
final.
3. If, after consideration of all the
evidence presented at a hearing, the Commission finds that a postsecondary
educational institution or its agent, or both, are guilty of the violation
alleged in the complaint, it shall issue and the Administrator shall serve upon
the institution or agent, or both, an order to cease and desist from the
violation. If the Commission finds the institution has substantially failed to
furnish the instruction or services agreed upon in the agreement to enroll, it
shall order the institution to make full restitution to the student of all
money paid pursuant to the agreement. If the Commission finds that the
institution has substantially furnished the instruction or services agreed upon
in the agreement to enroll, but that conditions in the school were sufficiently
substandard that it was not reasonable to expect the student to complete the
instruction, the Commission shall order the institution to make restitution to
the student of one-half the money paid pursuant to the agreement. The
Commission may also, as appropriate, based on the Administrator’s investigation
and the evidence adduced at the hearing, or either of them, institute
proceedings to revoke an institution’s license or recommend that the
Administrator institute proceedings to revoke an agent’s permit.
(Added to NRS by 1975, 1514; A 1979, 1635; 1985, 999; 1989, 1466; 1995, 328)
NRS 394.530 Postponement of effective date of action pending review. If the Commission or the Administrator
determines that irreparable injury would result from putting into immediate
effect a final action or penalty, the Commission or Administrator, as
appropriate, shall postpone the effective date of 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 be collected by the Administrator and deposited in the State
Treasury to the credit of the State General Fund, and no fees so collected are
subject to refund.
2. The fees are:
(a) For a new license.............................................................................................. $2,000
(b) For an application
by an unlicensed out-of-state educational institution to employ agents in this
state or offer experiential courses......................................................................................................... 1,500
(c) For a change of
ownership................................................................................ 1,000
(d) For approval of an
alcohol awareness program.............................................. 500
(e) To add a new degree
or vocational program.................................................... 500
(f) For an initial
agent’s permit.................................................................................. 200
(g) For the renewal of
an agent’s permit.................................................................. 200
(h) For a transcript of
an academic record which is in the possession of the Administrator pursuant to NRS 394.550 5
3. In addition, the Administrator shall
collect from each licensed postsecondary educational institution a fee of $4
for each student from which the institution has received tuition or
registration fees. The institution shall collect this fee from each such
student at the time of the student’s initial enrollment with the institution.
On or before the first day of January, April, July and October, the institution
shall transmit to the Administrator the fees collected pursuant to this
subsection during the preceding quarter. The Administrator shall deposit the
fees so transmitted with the State Treasurer 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; 2013, 3459)
NRS 394.545 Location, equipment and insurance requirements of driving
school; action by Department of Motor Vehicles authorized.
1. A driving school:
(a) Must be located more than 200 feet from any
office of the Department of Motor Vehicles;
(b) Must have the equipment necessary to instruct
students in the safe operation of motor vehicles and maintain the equipment in
a safe condition; and
(c) Must have insurance in at least the following
amounts:
(1) For bodily injury to or death of two
or more persons 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 and approve or disapprove any application to issue, renew or revoke a
license for a driving school. The Department of Motor Vehicles may, at any
time, inspect a licensed driving school and may recommend that its license be
suspended or revoked. The Administrator shall investigate and recommend to the
Commission the appropriate action.
(Added to NRS by 1985, 990; A 2001, 2605)
NRS 394.550 Discontinuance of operations: Academic records filed with
Administrator; seizure of records. If
any postsecondary educational institution operating in this state discontinues
or proposes to discontinue its operation, the chief administrative officer of
the institution shall file with the Administrator original or true copies of
all academic records of the institution specified by regulations of the
Commission. The records must include, as a minimum, academic information
customarily required by colleges when considering students for transfer or
advanced study; and, as a separate document, the academic record of each former
student. If the Administrator establishes the likelihood that academic records
of an institution discontinuing its operations are in danger of being
destroyed, secreted, mislaid or otherwise made unavailable to the Commission,
the Administrator may obtain a court order permitting the seizure of such
records. The Administrator shall receive and maintain a file of such records in
the Administrator’s possession.
(Added to NRS by 1975, 1515; A 1979, 1636; 1985, 1001)
NRS 394.553 Account for Student Indemnification.
1. The Account for Student Indemnification
is hereby created in the State General Fund. The existence of the Account does
not create a right in any person to receive money from the Account. The
Administrator shall administer the Account in accordance with regulations
adopted by the Commission.
2. Except as otherwise limited by
subsection 3, the money in the Account may be used to indemnify any student or
enrollee who has suffered damage as a result of:
(a) The discontinuance of operation of a
postsecondary educational institution licensed in this state; or
(b) The violation by such an institution of any
provision of NRS 394.383 to 394.560,
inclusive, or the regulations adopted pursuant thereto.
3. If a student or enrollee is entitled to
indemnification from a surety bond pursuant to NRS
394.480, the bond must be used to indemnify the student or enrollee before
any money in the Account may be used for indemnification.
4. In addition to the expenditures made
for indemnification pursuant to subsection 2, the Administrator may use the
money in the Account to pay extraordinary expenses incurred to investigate
claims for indemnification or resulting from the discontinuance of the
operation of a postsecondary educational institution licensed in this state.
Money expended pursuant to this subsection must not exceed, for each
institution for which indemnification is made, 15 percent of the total amount
expended for indemnification pursuant to subsection 2 or $10,000, whichever is
less.
5. No expenditure may be made from the
Account if the expenditure would cause the balance in the Account to fall below
$10,000.
6. Interest and income earned on the money
in the Account, after deducting any applicable charges, must be credited to the
Account.
7. The money in the Account does not lapse
to the State General Fund at the end of any fiscal year.
(Added to NRS by 1995, 323)
NRS 394.557 Fee to be paid to Administrator for students who enroll in
certain programs.
1. Except as otherwise provided in
subsection 2, each postsecondary educational institution licensed in this state
shall pay to the Administrator a fee of $5 for each student the institution
initially enrolls in a program for which the student pays a tuition or
registration fee. On or before January 1, April 1, July 1 and October 1 of each
year, each institution shall transmit to the Administrator the fees required by
this subsection for the immediately preceding quarter. The Administrator shall
deposit the money in the State Treasury for credit to the Account for Student
Indemnification.
2. The Administrator shall notify each
postsecondary educational 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, a postsecondary educational institution is not required to pay the fee
required by subsection 1. If the balance in the Account subsequently falls
below $250,000, the Administrator shall notify each postsecondary educational
institution licensed in this state that the fee must be paid until the balance
in the Account is $250,000 or more.
(Added to NRS by 1995, 323)
NRS 394.560 Unlawful acts. It
is unlawful for any person:
1. To operate or claim to operate a
postsecondary educational 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 in this state, unless he or she is a natural person and has a currently
valid permit.
3. To offer, as or through an agent,
enrollment or instruction in, or the granting of educational credentials from,
a postsecondary educational institution which is required to be licensed by the
Commission, whether the institution is within or outside this state, unless the
agent is a natural person and has a currently valid permit, except that the
Commission may adopt regulations to permit public information to be provided
without a permit.
4. For compensation to instruct or
educate, or offer to instruct or educate, including advertising or soliciting
for such a purpose, enroll or offer to enroll, contract or offer to contract
with any person for such a purpose, or award any educational credential, or
contract with any institution or party to perform any such act in this state,
whether the person is located within or outside this state, unless that person
complies with the minimum standards set forth in this chapter and in
regulations adopted by the Commission.
5. To grant, or offer to grant,
educational credentials 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 Legislative appropriations. Funds
to carry out the provisions of NRS 394.201 to 394.610, inclusive, shall be provided by legislative
appropriation from the General Fund, and shall be paid out on claims 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 educational institution, whether or not a resident of or having a
place of business in this state, that instructs or educates, or offers to
instruct or educate, enrolls or offers to enroll, contracts or offers to
contract, to provide education, educational services or educational credentials
in this state, whether provided in person or by correspondence, to a resident
of this state or a resident of another state if provided by a person in this
state, thereby submits to the jurisdiction of the courts of this state,
concerning any cause of action arising from violation of any section of this
chapter. If the institution is a natural person, he or she thereby submits
himself or herself or his or her personal representative to such jurisdiction.
2. Service of process upon any institution
subject to the jurisdiction of the courts of this state may be made by
personally serving the summons upon the defendant within or outside this state,
in the manner prescribed by the Nevada Rules of Civil Procedure, with the same
effect as if the summons had been personally served within this state.
3. This section does not limit the right
to serve any process 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 Documents of indebtedness and related agreements: Restrictions
and requirements.
1. If the person to whom a private school
or postsecondary educational institution is to provide educational services is
a resident of this state when any contract, instrument or document of
indebtedness relating to payment for the services is entered into, the provisions
of this section govern the rights of the parties in regard to the documents of
indebtedness. Any of the following agreements entered into in connection 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 such
contract or other document of indebtedness consents to the jurisdiction of
another state;
(c) That another person is authorized to confess
judgment on such contract or evidence of indebtedness; or
(d) That fixes venue.
2. A document of indebtedness relating to
payment for education or educational services is not enforceable in the courts
of this state by any private school or postsecondary educational institution
operating in this state or with an agent operating in this state unless:
(a) The school or institution has received a
license to operate; and
(b) Each agent operating in this state had an
agent’s permit.
3. Any lending institution extending
credit to any person for tuition, fees or any other charges of a private school
or postsecondary educational institution for educational services to be
rendered by the school or institution shall conspicuously mark on the face of
any document of indebtedness taken in connection with the extension of credit
“loan for study.” If the lending agency fails to do so, it is liable for any
damage incurred by any subsequent assignee, transferee or holder of the
document on account of the absence of the notation.
4. Whether or not the notation “loan for
study” appears on the document of indebtedness, and notwithstanding any
agreement to the contrary, the lending agency extending credit and any
transferee, assignee or holder of the document of indebtedness are subject to
all defenses and claims which may be asserted against the private school or
postsecondary educational institution which was to render the educational
services, by any person that was a party to the document of indebtedness or the
person to whom the educational services were to be rendered to the extent of
the unpaid portion of the indebtedness.
(Added to NRS by 1975, 1515; A 1985, 1002)
NRS 394.600 Action for enforcement; injunctive relief.
1. The Attorney General or any district
attorney, at the request of the Commission or Board or on his or her own
motion, may bring any appropriate action or proceeding in any court of
competent jurisdiction for the enforcement of the provisions of this chapter.
2. If it appears to the Commission or
Board that any person is violating or is about to violate any of the provisions
of this chapter or any of its regulations or orders, the Commission or Board
may, on its own motion or on the written complaint of any person, file an
action for injunction in the name of the Commission or Board in any court of
competent jurisdiction in this State against the person to enjoin the violation
or for an order directing compliance with the provisions of this chapter, and
all regulations and orders promulgated pursuant to this chapter.
3. The right of injunction provided in
this section is in addition to any other legal remedy which the Commission or
Board has, and is in addition to any right of criminal prosecution provided by
law; but the Commission or Board shall not obtain a temporary restraining order
without notice to the person affected.
4. The existence of a pending action by
the Commission or Board with respect to alleged violations of this chapter does
not operate as a 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 person who willfully violates the
provisions of NRS 394.005 to 394.550,
inclusive, is guilty of a gross misdemeanor. Each day’s failure to comply with
the provisions of 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 394.620 to 394.670,
inclusive:
1. “Degree” means any statement, diploma,
certificate or other writing in any language which indicates or represents, or
which is intended to indicate or represent, that the person named thereon is
learned in or has satisfactorily completed the requirements of an academic or
professional program of study in a particular field of endeavor beyond the
secondary school level 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, or which is intended to indicate or represent, that the person
named thereon is learned in any field of public service or has performed
outstanding public service or that the person named thereon has demonstrated
proficiency in a field of endeavor without having completed formal courses of
instruction or study or formal preparation or training.
(Added to NRS by 1975, 1026; A 1977, 148)
NRS 394.625 Use of “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 or
abbreviation which represents that the person is a university or college as
part of the name or other designation of any entity without authorization from
the Commission.
2. The Commission shall adopt regulations
for authorizing postsecondary educational institutions to use the term
“university” or “college” as part of their respective names or designations.
The regulations must provide for consideration of the institution’s
qualification to award degrees and may include minimum standards similar to
those prescribed by law for licensing by the Commission.
(Added to NRS by 1979, 698; A 1985, 1004; 1993, 340)
NRS 394.630 Awarding degrees. A
person, firm, association, partnership or corporation shall not award, bestow,
confer, give, grant, convey or 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 or other educational organization or entity located in the
State of Nevada or operating from a place of business in this state that offers
courses of instruction or study wherein credits may be earned toward an
academic or professional degree in a field of endeavor beyond the secondary
school level, and:
1. Is accredited; or
2. Has filed and kept current with
appropriate amendments, in the office of the Administrator, an affidavit by
each president of two separate accredited colleges or universities stating that
the majority of the course credits offered by the unaccredited institution are
generally acceptable or transferable to the accredited college or university
which each president represents.
(Added to NRS by 1975, 1027; A 1977, 148; 1983, 133; 1989, 1468; 1997, 176)
NRS 394.640 Advertising awarding 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 or study by making any such representation,
Ê unless the
institution is authorized by the Commission to award degrees.
(Added to NRS by 1975, 1027; A 1977, 149; 1985, 1004)
NRS 394.650 Civil penalty. Any
person, firm, partnership, corporation, association or any other organization
which violates any of the provisions of NRS 394.620
to 394.640, inclusive, is liable for a civil
penalty not to exceed $2,500 for each violation, which shall be recovered in a
civil action, brought in the name of the State of Nevada by the Attorney
General or by any district attorney in a court of competent jurisdiction. As
used in this section, “each violation” includes, as a single violation, a
continuous 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 an action in any court of
competent jurisdiction, either as a part of any action brought pursuant to NRS 394.650 or as a separate 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 Criminal penalty. Every
person who violates any of the provisions of NRS
394.620 to 394.640, inclusive, is guilty of a
gross misdemeanor. Each day’s 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 or attempt to use:
(a) A false or misleading degree or honorary
degree conferred by a private entity, regardless of whether that entity is
located in this State and regardless of whether that entity is authorized to
operate in this State; or
(b) A degree or honorary degree conferred by a
private entity in a false or misleading manner, regardless of whether that
entity is located in this State and regardless of whether that entity is
authorized to operate in this State,
Ê in
connection with admission to any institution of higher education or in
connection with any business, employment, occupation, profession, trade or
public office.
2. Unless a greater penalty is provided by
specific statute, a person who violates the provisions of this section is
guilty of a misdemeanor and shall be punished by a fine of not more than $5,000
or by imprisonment in the county jail for not more than 6 months, or by both
fine and imprisonment.
3. In addition to any criminal penalty
imposed pursuant to subsection 2, a person who violates the provisions of this
section is subject to a civil penalty in an amount not to exceed $5,000 for
each violation. The Attorney General or any district attorney of this State may
recover the penalty in a civil action brought in the name of the State of
Nevada in any court of competent jurisdiction.
4. For the purposes of this section, a
degree or honorary degree is false or misleading or is used in a false or
misleading manner if it:
(a) States or suggests that the person named in
the degree or honorary degree has completed the requirements of an academic or
professional program of study in a particular field of endeavor beyond the
secondary school level and the person has not, in fact, completed the
requirements of the program of study;
(b) Is offered as his or her own by a person
other than the person 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 the
recipient’s documented life experience and not based upon actual completion of
academic work;
(2) By a person or entity located in this
State in violation of this chapter, as determined by the Commission; or
(3) By a person or entity located outside
this State which would be a violation of this chapter if the person or entity
were located 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 in NRS 394.620.
(Added to NRS by 2005, 617)
