reglab/housing_qa huggingface dataset:
NV Rev Stat § 388.457 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.457 - When pupil attains 18 years of age: Rights transfer to pupil; notice to parent and pupil; exception for pupil adjudicated incapacitated.

  1. Except as otherwise provided in this section and NRS 388.459, any right accorded to a parent of a pupil with a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or the regulations adopted pursuant thereto, transfers to the pupil when the pupil attains the age of 18 years.  2. Not less than 90 days before the date on which a pupil with a disability attains the age of 18 years, the school district or charter school in which the pupil is enrolled shall provide notice to the:  (a) Parent of the transfer of the parent’s rights pursuant to subsection 1 and of the process for submission of an application to the school district or charter school pursuant to NRS 388.459.  (b) Pupil concerning the transfer of rights to the pupil.  3. If a pupil with a disability attains the age of 18 years and the pupil is enrolled in a program of special education pursuant to NRS 388.417 to 388.515, inclusive, the school district or charter school in which the pupil is enrolled shall provide any notice required pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto, or NRS 388.417 to 388.515, inclusive, and the regulations adopted pursuant thereto, to the:  (a) Parent; and  (b) Pupil with a disability,  regardless of whether the parent is appointed to represent the educational interests of the pupil pursuant to NRS 388.459 or the rights transfer to the pupil pursuant to subsection 1.  4. If a court of competent jurisdiction adjudicates a pupil with a disability incapacitated and appoints a guardian for the pupil, all rights pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto, remain with or otherwise transfer to the guardian.  (Added to NRS by 2007, 2918) — (Substituted in revision for NRS 388.492)
NV Rev Stat § 388.459 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.459 - When pupil attains 18 years of age: Application by parent to represent educational interests of pupil; duration of representation; appeal; regulations.

  1. A parent of a pupil with a disability may, at least 90 days before the pupil attains 18 years of age, submit an application to the school district or the charter school in which the pupil is enrolled to appoint the parent to represent the educational interests of the pupil if:  (a) The parent believes that the pupil does not have the ability to provide informed consent with respect to the pupil’s own educational program; and  (b) The status of the pupil is such, as determined in accordance with the regulations adopted pursuant to subsection 5, that the parent is authorized to submit such an application.  2. The application must be submitted on a concise form prescribed by the Department. The application:  (a) Must not be unduly burdensome on the parent to fill out; and  (b) Must not require the pupil to sign the application or otherwise require the pupil to grant permission for the parent to represent the pupil’s educational interests.  3. If the school district or charter school grants an application, the parent shall continue to represent the educational interests of the pupil until:  (a) The pupil receives a standard high school diploma;  (b) The pupil is no longer enrolled in a program of special education pursuant to NRS 388.417 to 388.515, inclusive; or  (c) The parent elects to transfer the right to represent educational interests to the pupil.  4. A parent or a pupil may appeal a determination made pursuant to this section in accordance with the procedure used by the Department for administrative complaints.  5. The State Board shall adopt regulations to carry out this section and NRS 388.457, including, without limitation, the establishment of criteria for determining whether the status of a pupil with a disability is such that his or her parent is authorized to submit an application to represent the educational interests of the pupil pursuant to this section.  (Added to NRS by 2007, 2918; A 2015, 1026) — (Substituted in revision for NRS 388.493)
NV Rev Stat § 388.463 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.463 - Selection and compensation of hearing officers; appeal of decision of hearing officer.

  1. The Department shall maintain a list of hearing officers who meet the qualifications prescribed pursuant to 20 U.S.C. § 1415(f)(3)(A) to conduct a due process hearing pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., regarding the identification, evaluation, reevaluation, classification, educational placement or disciplinary action of or provision of a free appropriate public education to a pupil with a disability.   2. Except as otherwise provided in subsection 4, upon the filing of a complaint requiring a due process hearing described in subsection 1, the Superintendent of Public Instruction shall select three hearing officers from the list maintained by the Department pursuant to subsection 1. The selection of the hearing officers must be made on a random, rotational or other impartial basis and, in a school district in which more than 50,000 pupils are enrolled, the place of business of the hearing officer must, to the extent practicable, be located in the school district.  3. The Superintendent of Public Instruction shall provide the names of the three hearing officers selected pursuant to subsection 2 to the complainant and request the complainant to return to the Superintendent a list which places the three names in the order of preference of the complainant. The complainant must return the list within 2 days. If the complainant returns the list, the Superintendent must request the first hearing officer on the list to preside over the hearing and if he or she is unavailable, the next person, until there are no more hearing officers on the list. If the complainant does not return the list within 2 days, the Superintendent must appoint a hearing officer and may determine the order in which to request a hearing officer to preside over the hearing.  4. If a due process hearing is required to be expedited pursuant to 20 U.S.C. § 1415(k)(4), the Superintendent of Public Instruction must select a hearing officer to preside over the hearing from the list maintained by the Department pursuant to subsection 1. The selection of the hearing officer must be made on a random, rotational or other impartial basis and, in a school district in which more than 50,000 pupils are enrolled, the place of business of the hearing officer must, to the extent practicable, be located in the school district.  5. The local educational agency or governing body of a charter school involved in the complaint, as applicable, shall pay the cost of the hearing, including, without limitation, any compensation to which the hearing officer is entitled.   6. The decision of a hearing officer may be appealed by any aggrieved party to the Department.  7. As used in this section, "local educational agency" has the meaning ascribed to it in 20 U.S.C. § 1401(19).  (Added to NRS by 2015, 2076)
NV Rev Stat § 388.465 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.465 - Regulations concerning procedures for requesting recusal of hearing officer and qualifications of hearing officers; Department to post information relating to due process hearings on Internet website.

  1. The State Board shall prescribe by regulation:  (a) The procedures for requesting the recusal of a hearing officer on the basis of bias or a conflict of interest.  (b) The qualifications to remain on the list of hearing officers maintained pursuant to subsection 1 of NRS 388.463. Such qualifications must include, without limitation, requiring that a hearing officer:  (1) Must complete, within the first year that the name of the hearing officer appears on the list maintained by the Department pursuant to subsection 1 of NRS 388.463, a minimum of 40 hours of training, which must include, without limitation, 24 hours of training in laws relating to special education; and  (2) Must complete annual training arranged by the Department. The training must include, without limitation, training concerning laws relating to special education, the procedure for conducting a hearing and rendering and writing a decision.  (c) The procedures for compensating a hearing officer which must be established to avoid a conflict of interest for the hearing officer or the appearance of such a conflict.  2. The Department of Education shall post information as prescribed by the State Board relating to due process hearings held pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., on its Internet website. Such information must include, without limitation:  (a) A model form that may be used to request such a hearing;  (b) Decisions from such hearings after the names and other personally identifiable information of the pupils who were the subject of such hearings have been removed;  (c) Decisions from the appeals of such hearings after the names and any other personally identifiable information of the pupils who were the subject of the hearings have been removed; and   (d) Timelines and procedures for conducting such hearings.  (Added to NRS by 2015, 2077)
NV Rev Stat § 388.467 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.467 - Burden of proof and burden of production on school district during certain due process hearings.

Whenever a due process hearing is held pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., regarding the identification, evaluation, reevaluation, classification, educational placement or disciplinary action of or provision of a free appropriate public education to a pupil with a disability, and a school district is a party, the school district has the burden of proof and the burden of production.  (Added to NRS by 2011, 800) — (Substituted in revision for NRS 388.507)
NV Rev Stat § 388.4685 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.4685 - Filing and investigation of complaint concerning failure to comply with decision or settlement agreement; duty of Department to ensure compliance.

  1. If a local educational agency or the governing body of a charter school fails to comply with the decision of a hearing officer or a settlement agreement resulting from a due process hearing, the parent or guardian of the pupil who is the subject of the decision or agreement or, if the pupil has attained 18 years of age and responsibility for his or her educational interests has been transferred to the pupil, the pupil may file a complaint with the Department pursuant to 34 C.F.R. § 300.153.  2. After investigating a complaint filed pursuant to subsection 1 and providing the local educational agency or governing body with an opportunity to respond to the complaint, including, without limitation, any mitigating factors, the Department shall issue a written decision concerning the complaint. If the Department finds that the local educational agency or governing body has failed to comply with the decision or settlement agreement, as applicable, the Department must take:  (a) Any measures that the Department determines necessary to ensure that the local educational agency or governing body complies with the decision or settlement agreement, as applicable; and  (b) Any additional measures that the Department determines are necessary to ensure that the pupil receives a free appropriate public education.   3. Measures taken pursuant to subsection 2 may include, without limitation:  (a) Issuing a written order to the local educational agency or governing body to take specific action;  (b) Monitoring the actions taken by the local educational agency or governing body to comply with the order;  (c) Withholding federal or state money that would otherwise be provided to the local educational agency or governing body for the purpose of providing educational services to the pupil and using that money to directly arrange and pay for the provision of such services to the pupil; and  (d) Referring the matter to the Attorney General to bring an action in a court of competent jurisdiction to enforce the order.  4. The Department shall provide a copy of any decision issued pursuant to subsection 2 and any order issued pursuant to paragraph (a) of subsection 3 to:  (a) The complainant and the local educational agency or governing body, as applicable; and  (b) If applicable, the superintendent of the local educational agency and any person or office responsible for compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., at the local educational agency or charter school.  5. Nothing in this section shall be deemed to preclude a parent or guardian of a pupil from seeking any other remedy available at law or in equity.  6. As used in this section, "local educational agency" has the meaning ascribed to it in 20 U.S.C. § 1401(19).  (Added to NRS by 2019, 914)
NV Rev Stat § 388.469 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.469 - Authority of Department to issue subpoenas; enforcement of subpoena by court.

  1. The Department may issue a subpoena to compel the attendance of witnesses, the giving of testimony and the production of books and papers at an administrative hearing conducted pursuant to the provisions of 20 U.S.C. § 1415 on behalf of a party to that hearing. The subpoena must be signed by the Superintendent of Public Instruction or a person designated by the Superintendent for this purpose. If a person fails to comply with a subpoena, the Department may apply to the district court for enforcement of the subpoena.  2. The district court in and for Carson City or the county in which a hearing is being conducted for which such a subpoena was issued may, upon receipt of such an application, compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by the subpoena.  3. In case of the refusal of any witness to attend or testify or produce any papers required by the subpoena, the person holding the hearing may report to the district court by petition, setting forth:  (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;  (b) That the witness has been subpoenaed in accordance with this section; and  (c) That the witness has failed and refused to attend or produce the papers required by subpoena before the person holding the hearing named in the subpoena, or has refused to answer questions propounded to him or her in the course of the hearing,  and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the person.  4. The court, upon petition of the person holding the hearing, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time must not be more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers before the person holding the hearing. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the person holding the hearing, the court shall thereupon enter an order that the witness appear before the person at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness must be dealt with as for contempt of court.  (Added to NRS by 1997, 2526) — (Substituted in revision for NRS 388.509)
NV Rev Stat § 388.471 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.471 - Definitions.

As used in NRS 388.471 to 388.515, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.473 to 388.495, inclusive, have the meanings ascribed to them in those sections.  (Added to NRS by 1999, 3236; A 2009, 918) — (Substituted in revision for NRS 388.521)
NV Rev Stat § 388.473 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.473 - "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 the 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, 3237) — (Substituted in revision for NRS 388.5215)
NV Rev Stat § 388.476 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.476 - "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, 3237) — (Substituted in revision for NRS 388.522)
NV Rev Stat § 388.478 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.478 - "Corporal punishment" defined.

Corporal punishment means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.  (Added to NRS by 1999, 3237) — (Substituted in revision for NRS 388.5225)
NV Rev Stat § 388.485 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.485 - "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, 3237) — (Substituted in revision for NRS 388.523)
NV Rev Stat § 388.487 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.487 - "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, 3237) — (Substituted in revision for NRS 388.5235)
NV Rev Stat § 388.491 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.491 - "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, 3238) — (Substituted in revision for NRS 388.525)
NV Rev Stat § 388.494 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.494 - "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, 3238) — (Substituted in revision for NRS 388.5255)
NV Rev Stat § 388.495 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.495 - "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, 3238) — (Substituted in revision for NRS 388.526)
NV Rev Stat § 388.497 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.497 - Aversive intervention prohibited.

A person employed by the board of trustees of a school district or any other person shall not use any aversive intervention on a pupil with a disability.  (Added to NRS by 1999, 3238) — (Substituted in revision for NRS 388.5265)
NV Rev Stat § 388.499 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.499 - Physical restraint and mechanical restraint prohibited; exceptions.

A person employed by the board of trustees of a school district or any other person shall not:  1. Except as otherwise provided in NRS 388.501, use physical restraint on a pupil with a disability.  2. Except as otherwise provided in NRS 388.503, use mechanical restraint on a pupil with a disability.  (Added to NRS by 1999, 3238) — (Substituted in revision for NRS 388.527)
NV Rev Stat § 388.505 (2021)
2021 Nevada Revised Statutes|Chapter 388 - System of Public Instruction|NRS 388.505 - Mandatory education and training for staff.

  1. The Department shall develop a model program of education for use by the school districts to train the members of the staff of the schools within the school districts who are identified in the individualized education programs of pupils with disabilities to provide services to those pupils. The model 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. The board of trustees of each school district shall provide for appropriate training for the members of the staff of the schools within the school district 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 388.471 to 388.515, inclusive.  (Added to NRS by 1999, 3239) — (Substituted in revision for NRS 388.5285)