[Rev. 5/24/2016 3:33:44 PM--2015]

CHAPTER 385B - NEVADA INTERSCHOLASTIC ACTIVITIES ASSOCIATION

NRS 385B.010        Definitions.

NRS 385B.020        “Pupil” defined.

NRS 385B.030        “Sanctioned sport” defined.

NRS 385B.040        “School” defined.

NRS 385B.050        Formation; composition; purposes.

NRS 385B.060        Adoption of rules and regulations in manner provided by Nevada Administrative Procedure Act; safety standards for spirit squads; qualifications for coaches of spirit squads; consultation with Homeschool Advisory Councils required under certain circumstances.

NRS 385B.070        Rules and regulations to include criteria for staging of all-star game and participation of all-star team.

NRS 385B.080        Adoption of policy for prevention and treatment of injuries to the head which may occur during participation; requirements of policy; annual acknowledgment of policy by parent and pupil.

NRS 385B.090        Procedures for review of disputes; stay of decision pending court’s final judgment prohibited.

NRS 385B.100        Pupils and schools authorized to appeal final decision or order to Executive Director; appointment and duties of hearing officer; posting of summary of appeal.

NRS 385B.110        Membership of charter schools, private schools and parochial schools.

NRS 385B.120        Applicability of regulations and requirements to charter schools, private schools and parochial schools.

NRS 385B.130        Rules and regulations governing eligibility of pupil who transfers schools apply equally to public schools and private schools.

NRS 385B.140        Eligibility of pupil enrolled in grade 9 to participate and practice in sanctioned sport at public school.

NRS 385B.150        Participation by homeschooled children and opt-in children in interscholastic activities and events; applicability of provisions to homeschooled children and opt-in children.

NRS 385B.160        Limitation on challenges based upon participation by homeschooled children and opt-in children.

NRS 385B.170        Limitation on adoption of regulations and rules by school districts and schools concerning eligibility and participation of homeschooled children and opt-in children.

NRS 385B.180        Requests to join similar association in another state.

NRS 385B.190        Determination of liability of Association and public school belonging to similar association in another state.

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      NRS 385B.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 385B.020, 385B.030 and 385B.040 have the meanings ascribed to them in those sections.

      (Added to NRS by 2015, 2141)

      NRS 385B.020  “Pupil” defined.  “Pupil” means a student of a school or a child that receives instruction at home and is excused from compulsory attendance pursuant to NRS 392.070.

      (Added to NRS by 2015, 2141)

      NRS 385B.030  “Sanctioned sport” defined.  “Sanctioned sport” means any athletic competition that is approved by the Nevada Interscholastic Activities Association.

      (Added to NRS by 2015, 2141)

      NRS 385B.040  “School” defined.  “School” means any school that is affiliated with or is a member of the Nevada Interscholastic Activities Association.

      (Added to NRS by 2015, 2141)

      NRS 385B.050  Formation; composition; purposes.  The county school district trustees may form a nonprofit association, to be known as the Nevada Interscholastic Activities Association, composed of all of the school districts of the State for the purposes of controlling, supervising and regulating all interscholastic athletic events and other interscholastic events in the public schools. This section does not prohibit a public school, which is authorized by the Association to do so, from joining an association formed for similar purposes in another state.

      (Added to NRS by 1973, 316; A 1989, 689; 2005, 2824) — (Substituted in revision for NRS 386.420)

      NRS 385B.060  Adoption of rules and regulations in manner provided by Nevada Administrative Procedure Act; safety standards for spirit squads; qualifications for coaches of spirit squads; consultation with Homeschool Advisory Councils required under certain circumstances.

      1.  The Nevada Interscholastic Activities Association shall adopt rules and regulations in the manner provided for state agencies by chapter 233B of NRS as may be necessary to carry out the provisions of this chapter. The regulations must include provisions governing the eligibility and participation of homeschooled children and opt-in children in interscholastic activities and events. In addition to the regulations governing eligibility:

      (a) A homeschooled child who wishes to participate must have on file with the school district in which the child resides a current notice of intent of a homeschooled child to participate in programs and activities pursuant to NRS 388D.070.

      (b) An opt-in child who wishes to participate must have on file with the school district in which the child resides a current notice of intent of an opt-in child to participate in programs and activities pursuant to NRS 388D.140.

      2.  The Nevada Interscholastic Activities Association shall adopt regulations setting forth:

      (a) The standards of safety for each event, competition or other activity engaged in by a spirit squad of a school that is a member of the Nevada Interscholastic Activities Association, which must substantially comply with the spirit rules of the National Federation of State High School Associations, or its successor organization; and

      (b) The qualifications required for a person to become a coach of a spirit squad.

      3.  If the Nevada Interscholastic Activities Association intends to adopt, repeal or amend a policy, rule or regulation concerning or affecting homeschooled children, the Association shall consult with the Northern Nevada Homeschool Advisory Council and the Southern Nevada Homeschool Advisory Council, or their successor organizations, to provide those Councils with a reasonable opportunity to submit data, opinions or arguments, orally or in writing, concerning the proposal or change. The Association shall consider all written and oral submissions respecting the proposal or change before taking final action.

      4.  As used in this section, “spirit squad” means any team or other group of persons that is formed for the purpose of:

      (a) Leading cheers or rallies to encourage support for a team that participates in a sport that is sanctioned by the Nevada Interscholastic Activities Association; or

      (b) Participating in a competition against another team or other group of persons to determine the ability of each team or group of persons to engage in an activity specified in paragraph (a).

      (Added to NRS by 1973, 316; A 2003, 2959; 2005, 2824; 2007, 1513, 3029; 2013, 538; 2015, 1833, 2142) — (Substituted in revision for NRS 386.430)

      NRS 385B.070  Rules and regulations to include criteria for staging of all-star game and participation of all-star team.  The rules and regulations adopted by the Nevada Interscholastic Activities Association pursuant to NRS 385B.060 must provide criteria to be used by the Association when determining whether to approve or disapprove:

      1.  The staging of an all-star game, contest or meet by any other organization; and

      2.  The participation of an all-star team in a game, contest or meet regardless of whether the game, contest or meet is approved by any other organization.

      (Added to NRS by 2013, 538) — (Substituted in revision for NRS 386.433)

      NRS 385B.080  Adoption of policy for prevention and treatment of injuries to the head which may occur during participation; requirements of policy; annual acknowledgment of policy by parent and pupil.

      1.  The Nevada Interscholastic Activities Association shall adopt a policy concerning the prevention and treatment of injuries to the head which may occur during a pupil’s participation in interscholastic activities and events, including, without limitation, a concussion of the brain. The policy must provide information concerning the nature and risk of injuries to the head which may occur during a pupil’s participation in interscholastic activities and events, including, without limitation, the risks associated with continuing to participate in the activity or event after sustaining such an injury.

      2.  The policy adopted pursuant to subsection 1 must require that if a pupil sustains or is suspected of sustaining an injury to the head while participating in an interscholastic activity or event, the pupil:

      (a) Must be immediately removed from the activity or event; and

      (b) May return to the activity or event if the parent or legal guardian of the pupil provides a signed statement of a provider of health care indicating that the pupil is medically cleared for participation in the activity or event and the date on which the pupil may return to the activity or event.

      3.  Before a pupil participates in an interscholastic activity or event, and on an annual basis thereafter, the pupil and his or her parent or legal guardian:

      (a) Must be provided with a copy of the policy adopted pursuant to subsection 1; and

      (b) Must sign a statement on a form prescribed by the Nevada Interscholastic Activities Association acknowledging that the pupil and his or her parent or guardian have read and understand the terms and conditions of the policy.

      4.  As used in this section, “provider of health care” means a physician licensed under chapter 630 or 633 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

      (Added to NRS by 2011, 785) — (Substituted in revision for NRS 386.435)

      NRS 385B.090  Procedures for review of disputes; stay of decision pending court’s final judgment prohibited.

      1.  The rules and regulations of the Nevada Interscholastic Activities Association adopted pursuant to NRS 385B.060 must provide for adequate review procedures to determine and review disputes arising in regard to the Association’s decisions and activities.

      2.  A decision of the Nevada Interscholastic Activities Association or a decision of a person designated by the Association to review and make final decisions on disputes on behalf of the Association pursuant to the rules and regulations adopted pursuant to NRS 385B.060 must not be stayed by a court pending the court’s final judgment on the matter.

      (Added to NRS by 1973, 316; A 2005, 2824; 2007, 1040) — (Substituted in revision for NRS 386.440)

      NRS 385B.100  Pupils and schools authorized to appeal final decision or order to Executive Director; appointment and duties of hearing officer; posting of summary of appeal.

      1.  Any pupil or school that is aggrieved by a final decision or order made pursuant to a regulation adopted by the Nevada Interscholastic Activities Association by:

      (a) An administrator of a school district who is responsible for interpreting and enforcing the regulations adopted by the Nevada Interscholastic Activities Association;

      (b) A panel of principals chosen from schools located in a school district; or

      (c) The Executive Director,

Ê may file a written appeal with the Executive Director. The Executive Director shall appoint a hearing officer to review the decision or order that is the subject of the appeal.

      2.  A hearing officer appointed pursuant to subsection 1 shall issue a decision or order in writing and shall cause a copy of the decision or order to be served on each party to the appeal or counsel for the party. The decision or order must include a summary of the appeal that includes:

      (a) A statement of the relevant facts;

      (b) A statement of the issues presented and the opposing arguments of the parties;

      (c) An analysis of the arguments; and

      (d) The conclusion of the hearing officer.

      3.  Not later than 10 days after the issuance of the decision or order of the hearing officer, the Executive Director shall cause a copy of the summary required by subsection 2 to be posted on the Internet website of the Nevada Interscholastic Activities Association. The summary must be redacted as necessary to prevent the identification of any person involved in the appeal who is less than 18 years of age, which information is confidential. The redacted summary is a public record and must be open to public inspection as provided in NRS 239.010.

      4.  As used in this section, “Executive Director” means the Executive Director of the Nevada Interscholastic Activities Association.

      (Added to NRS by 2015, 2141)

      NRS 385B.110  Membership of charter schools, private schools and parochial schools.  The rules and regulations adopted by the Nevada Interscholastic Activities Association must provide for the membership of charter schools, private schools and parochial schools which may elect to join the Association.

      (Added to NRS by 1973, 316; A 1999, 3291; 2005, 2824) — (Substituted in revision for NRS 386.450)

      NRS 385B.120  Applicability of regulations and requirements to charter schools, private schools and parochial schools.  If a charter school, private school or parochial school elects to become a member of the Nevada Interscholastic Activities Association, the school is subject to the same regulations and requirements and is liable for the same fees and charges as other schools within the Association.

      (Added to NRS by 1973, 316; A 1999, 3291; 2005, 2824) — (Substituted in revision for NRS 386.460)

      NRS 385B.130  Rules and regulations governing eligibility of pupil who transfers schools apply equally to public schools and private schools.  Any rules and regulations adopted by the Nevada Interscholastic Activities Association governing the eligibility of a pupil who transfers from one school to another school to participate in an interscholastic activity or event must apply equally to public schools and to private schools that are members of the Association.

      (Added to NRS by 2015, 2142)

      NRS 385B.140  Eligibility of pupil enrolled in grade 9 to participate and practice in sanctioned sport at public school.

      1.  A pupil who enrolls in grade 9 at:

      (a) A public school and who resides within the zone of attendance of the public school at the time of enrollment is immediately eligible to participate and practice in a sanctioned sport at the public school, regardless of whether the pupil:

             (1) Resided in a different zone of attendance before the pupil’s enrollment in grade 9; or

             (2) Attended a school other than a public school before the pupil’s enrollment in grade 9.

      (b) A private school is immediately eligible to participate and practice in a sanctioned sport at the private school, regardless of whether the pupil attended a school other than a private school before the pupil’s enrollment in grade 9.

      2.  As used in this section, “zone of attendance” means the region established by the board of trustees of a school district or governing board of a charter school for the attendance of a pupil enrolled in the school.

      (Added to NRS by 2015, 2142)

      NRS 385B.150  Participation by homeschooled children and opt-in children in interscholastic activities and events; applicability of provisions to homeschooled children and opt-in children.

      1.  A homeschooled child must be allowed to participate in interscholastic activities and events in accordance with the regulations adopted by the Nevada Interscholastic Activities Association pursuant to NRS 385B.060 if a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to NRS 388D.070.

      2.  An opt-in child must be allowed to participate in interscholastic activities and events in accordance with the regulations adopted by the Nevada Interscholastic Activities Association pursuant to NRS 385B.060 if a notice of intent of an opt-in child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to NRS 388D.140.

      3.  The provisions of this chapter and the regulations adopted pursuant thereto that apply to pupils enrolled in public schools who participate in interscholastic activities and events apply in the same manner to homeschooled children and opt-in children who participate in interscholastic activities and events, including, without limitation, provisions governing:

      (a) Eligibility and qualifications for participation;

      (b) Fees for participation;

      (c) Insurance;

      (d) Transportation;

      (e) Requirements of physical examination;

      (f) Responsibilities of participants;

      (g) Schedules of events;

      (h) Safety and welfare of participants;

      (i) Eligibility for awards, trophies and medals;

      (j) Conduct of behavior and performance of participants; and

      (k) Disciplinary procedures.

      (Added to NRS by 2003, 2959; A 2005, 2824; 2007, 3029; 2015, 1834, 2143) — (Substituted in revision for NRS 386.462)

      NRS 385B.160  Limitation on challenges based upon participation by homeschooled children and opt-in children.  No challenge may be brought by the Nevada Interscholastic Activities Association, a school district, a public school or a private school, a parent or guardian of a pupil enrolled in a public school or a private school, a pupil enrolled in a public school or private school, or any other entity or person claiming that an interscholastic activity or event is invalid because homeschooled children or opt-in children are allowed to participate in the interscholastic activity or event.

      (Added to NRS by 2003, 2959; A 2005, 2825; 2015, 1835) — (Substituted in revision for NRS 386.463)

      NRS 385B.170  Limitation on adoption of regulations and rules by school districts and schools concerning eligibility and participation of homeschooled children and opt-in children.  A school district, public school or private school shall not prescribe any regulations, rules, policies, procedures or requirements governing the:

      1.  Eligibility of homeschooled children or opt-in children to participate in interscholastic activities and events pursuant to this chapter; or

      2.  Participation of homeschooled children or opt-in children in interscholastic activities and events pursuant to this chapter,

Ê that are more restrictive than the provisions governing eligibility and participation prescribed by the Nevada Interscholastic Activities Association pursuant to NRS 385B.060.

      (Added to NRS by 2003, 2959; A 2005, 2825; 2015, 1835) — (Substituted in revision for NRS 386.464)

      NRS 385B.180  Requests to join similar association in another state.  The rules and regulations of the Nevada Interscholastic Activities Association must provide criteria for the approval of requests made by public schools for authorization to join an interscholastic activity association formed in another state.

      (Added to NRS by 1989, 689; A 2005, 2825) — (Substituted in revision for NRS 386.465)

      NRS 385B.190  Determination of liability of Association and public school belonging to similar association in another state.

      1.  Any liability or action against the Nevada Interscholastic Activities Association must be determined in the same manner and with the same limitations and conditions as provided in NRS 41.0305 to 41.039, inclusive. To this extent, the Association shall be deemed a political subdivision of the State.

      2.  Any liability or action against a public school which is a member of an association for interscholastic activities formed in another state must be determined in the same manner and with the same limitations and conditions as provided in NRS 41.0305 to 41.039, inclusive. To this extent, the public school shall be deemed a political subdivision of the State.

      (Added to NRS by 1973, 317; A 1987, 97; 1989, 689; 2005, 2825) — (Substituted in revision for NRS 386.470)