reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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.
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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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 386.830 and 386.840 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, July 1, 2016, or July 1, 2019, 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 386.835;
(b) Subsection 2 or 3 of NRS 386.835; and
(c) NRS 386.837,
apply to private schools.
3. All such vehicles are subject to inspection at all times by the Department of Public Safety, 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 Public Safety, the executive head is guilty of a misdemeanor.
(Added to NRS by 1957, 736; A 1985, 1989; 2001, 2604; 2011, 472; 2013, 1024; 2017, 2183)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › NRS 394.191 - Adoption of policy by private school concerning safe exposure to sun.

1. The governing body of a private school shall adopt a policy concerning safe exposure to the sun.
2. The policy adopted pursuant to subsection 1 must:
(a) Provide that for the purposes of the policy, sunscreen must not be considered a medication sold over the counter; and
(b) Allow a pupil who participates in an outdoor activity while on the grounds of the private school or in an outdoor activity sponsored by the private school to:
(1) Wear clothing, which complies with the dress code of the school, if any, designed to protect against exposure to the sun, including, without limitation, a hat; and
(2) Possess and self-administer sunscreen.
3. The policy adopted pursuant to subsection 1 may include teaching pupils enrolled in a private school practices for safe exposure to the sun to reduce the risk of skin cancer.
4. For the purposes of this section, "sunscreen" means a topical product:
(a) Applied to the skin; and
(b) Approved by the United States Food and Drug Administration to prevent damage caused from overexposure to the sun.
(Added to NRS by 2019, 546)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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 432.097 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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.
(Added to NRS by 1971, 1041)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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 or advanced practice registered nurse 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; A 2017, 1745)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › NRS 394.1998 - Requirements for private school when enrolled pupil admitted to certain hospital or facility.

1. If a pupil who is enrolled in a private school is admitted by a court to a psychiatric hospital pursuant to NRS 432B.6076 or 432B.60815, the private school must participate in the development of a plan for the continued education of the pupil pursuant to NRS 432B.60847 and comply with the provisions of the plan.
2. If a pupil who is enrolled in a private school is admitted by a court to a psychiatric hospital pursuant to NRS 432B.6076 or 432B.60815 and the school district within whose geographic boundaries the private school is located has developed a services plan for the child, the school district must:
(a) Participate in the development of a plan for the continued education of the pupil pursuant to NRS 432B.60847 and comply with the provisions of the plan; and
(b) Provide the services plan to the psychiatric hospital.
3. As used in this section, "services plan" has the meaning ascribed to it in 34 C.F.R. § 300.37.
(Added to NRS by 2021, 3161; A 2023, 2325)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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.
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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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 or has failed to comply with the requirements of NRS 394.1693. 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; 2019, 1771)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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 or NRS 394.1693, 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 or NRS 394.1693, 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; 2019, 1771)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › NRS 394.355 - "Chemical restraint" defined.

"Chemical restraint" means the administration of drugs to a person for the specific and exclusive purpose of controlling an acute or episodic behavior that places the person or others at a risk of harm when less restrictive alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs prescribed by a physician, physician assistant or advanced practice registered nurse as standard treatment for the mental or physical condition of the person.
(Added to NRS by 1999, 3243; A 2021, 3110)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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,
by a private school or a member of the staff of the private school.
(Added to NRS by 1999, 3246)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › 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 Joint Interim Standing 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)
2023 Nevada Revised Statutes › Chapter 394 - Private Educational Institutions and Establishments › NRS 394.383 - Commission: Creation; number, appointment and compensation of voting members; expenses of members.

1. The Commission on Postsecondary Education is hereby created within the Employment Security Division of the Department of Employment, Training and Rehabilitation. The Commission consists of:
(a) An employee of the Department of Employment, Training and Rehabilitation designated by the Director of the Department of Employment, Training and Rehabilitation to serve as a nonvoting member; and
(b) Seven voting members appointed by the Governor.
2. The voting 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. The nonvoting member of the Commission designated pursuant to paragraph (a) of subsection 1 must be relieved from his or her duties with the Department of Employment, Training and Rehabilitation without loss of regular compensation so that he or she may prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable. The Department may not require the member to make up time or take annual vacation or compensatory time for the time that he or she is absent from work to carry out his or her duties as a member of the Commission.
4. While engaged in the business of the Commission, each member 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; 2017, 3488; 2019, 2457)