[Rev. 11/21/2013 11:25:30 AM--2013]

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. [Effective January 1, 2014.]

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.

_________

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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)

      NRS394.245  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. [Effective January 1, 2014.]

      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, effective January 1, 2014)

      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)