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)
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)
“Administrator” means the
Administrator of the Commission on Postsecondary Education.
(Added to NRS by 1975, 1498; A 1979, 700)
“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 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)
“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)
“Board” means the State Board of
Education.
(Added to NRS by 1975, 1498)
“Commission” means the
Commission on Postsecondary Education.
(Added to NRS by 1975, 1498; A 1979, 700)
“Commissioner” means any
member of the Commission on Postsecondary Education except the
Administrator.
(Added to NRS by 1975, 1498; A 1979, 700)
“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)
“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)
“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)
“Education” or “educational services” includes any class, course or
program of training, instruction or study.
(Added to NRS by 1975, 1498)
“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)
“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)
“Entity” includes any company,
firm, society, association, partnership, corporation and trust.
(Added to NRS by 1975, 1499)
“Granting” includes awarding,
selling, conferring, bestowing or giving.
(Added to NRS by 1975, 1499; A 1979, 1620)
“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)
“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)
“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)
“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)
“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)
“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)
“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:
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 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.
Ę 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
)
“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 )
“Superintendent” means the
Superintendent of Public Instruction.
(Added to NRS by 1979, 1620)
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
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 State Board of Education or
under courses of study prepared by such private schools and approved by
the State Board of Education.
2. 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.
3. 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]
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 he most recently attended.
2. Except as otherwise provided in subsection 3, a child must be
admitted to a school under his 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,
Ę of a child under 17 years of age who is under his control or charge, is
guilty of a misdemeanor.
(Added to NRS by 1985, 2169; A 1987, 213; 1993, 2692; 2001 Special
Session, 22 )
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)
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)
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
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 )
“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 )
“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 )
“Sexual offense” has the
meaning ascribed to it in NRS 62F.100 .
(Added to NRS by 2001, 2071 ; A 2003, 1147 )
“Sexually
motivated act” has the meaning ascribed to it in NRS 62A.320 .
(Added to NRS by 2001, 2071 ; A 2003, 1147 )
“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 )
If the executive head of a private
school receives notification and a victim identified in the notification
is attending a private school under his 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 )
1. If the executive head of a private school receives
notification, he 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,
Ę 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 RESPONSE IN PRIVATE SCHOOLS
As used in NRS 394.168 to 394.1699 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 394.1681 , 394.1682
and 394.1683 have the meanings
ascribed to them in those sections.
(Added to NRS by 2001, 1330 )
“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 )
“Development
committee” means a committee established pursuant to NRS 394.1685 .
(Added to NRS by 2001, 1330 )
“School committee” means
a committee established for each private school pursuant to NRS 394.169
.
(Added to NRS by 2001, 1330 )
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.
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; and
(f) At least one representative of a local law enforcement agency
in the county in which the school is located.
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 )
1. Each development committee shall develop a plan to be used by
its school in responding to a crisis. Each development committee shall,
when developing the plan, consult with the local social service agencies
and local law enforcement agencies in the county in which its school is
located. The plan 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;
(c) Immediately responding to a crisis and for responding during
the period after a crisis has concluded, including, without limitation, a
crisis 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.
2. 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.
3. 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 )
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 , and provide an updated
copy of the plan to the governing body of the school.
2. 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; and
(3) The Division of Emergency Management of the Department
of Public Safety;
(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) A local agency that is included in the plan; and
(5) 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 to each employee of the school, including, without limitation,
training concerning drills for evacuating and securing the school.
(Added to NRS by 2001, 1331 )
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 )
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. Each school committee shall, when reviewing the
plan, consult with the local social service agencies and law enforcement
agencies in the county, city or town in which its school is located. 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 .
2. 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 )
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 )
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.
(Added to NRS by 2001, 1333 )
1. If a crisis that requires immediate action occurs at a private
school, the principal or other person in charge of the private school
involved, or his designated representative, shall, in accordance with the
plan to respond to a crisis 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.
2. If a local agency that is responsible for responding to a
crisis is contacted pursuant to subsection 1 and the local agency
determines that the crisis 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 and request assistance from the Division
in responding to the crisis; 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 and request
assistance from the Division in responding to the crisis.
3. If the Division of Emergency Management of the Department of
Public Safety receives notification of a crisis and a request for
assistance pursuant to subsection 2 and the Governor or his designated
representative determines that the crisis 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 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 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 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 )
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; SCHOOL PROPERTY
1. The authorities in charge of every private school within this
state shall provide drills for the pupils in the schools at least twice
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 three 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 )
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)—(Substituted in revision for NRS
394.135)
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 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 )
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 )
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)
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)
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)
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. 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.
3. 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, he is
guilty of a misdemeanor.
(Added to NRS by 1957, 736; A 1985, 1989; 2001, 2604 )
1. Unless excused because of religious belief or medical
condition, a child may not be enrolled in a private school within this
State unless his 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
his designee or a registered nurse or his 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 Health Division 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)
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)
If the medical condition of a child will not permit
him 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)
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)
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:
1. That the child be immunized; or
2. That he remain outside the school environment and the local
health officer be notified.
(Added to NRS by 1979, 315)
Any parent or guardian who
refuses to remove his child from the private school in which he 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)
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 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)
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 the State or any of its political
subdivisions 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. 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 )
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. He 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)
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 powers and perform his 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 his judgment 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 his own initiative or in response to any
complaint lodged with him, any person subject to, or reasonably believed
by the Superintendent to be subject to, his 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.
Ę 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)
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)
The Superintendent shall cause an inspection of
each elementary or secondary educational institution to be conducted at
least every 2 years to ensure that the institution:
1. Is operated in accordance with the provisions of all laws,
regulations and ordinances relating to the health and safety of persons
on the premises.
2. Is maintaining 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.
(Added to NRS by 1991, 975)
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)
[Effective until the date of the repeal of 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)
[Effective on the date of the repeal of 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 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)
[Expires by limitation on the date of the repeal of 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 he 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 he 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)
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 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 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 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
)
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 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)
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)
[Expires by limitation on the date of the repeal
of 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)
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)
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 shall 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 own motion or by the
Attorney General.
2. The Superintendent shall investigate any verified complaint and
may, at his discretion, 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)
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)
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, an
application for an agent’s permit or for renewal of the permit, or a
filing for an exemption or for renewal of the exemption, in accordance
with the following schedule:
1. The application fee for an elementary or secondary educational
institution is $300.
2. The renewal fee for 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
)
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 possession.
(Added to NRS by 1975, 1507; A 1979, 1627)
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
As used in NRS 394.353 to 394.378 ,
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 )
“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 exhibited a
behavior that is related to his disability;
(b) Exercise is harmful to the health of the person because of his
disability; or
(c) Nature of the person’s disability prevents him 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 )
“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 impulses.
(Added to NRS by 1999, 3243 )
“Corporal punishment”
means the intentional infliction of physical pain, including, without
limitation, hitting, pinching or striking.
(Added to NRS by 1999, 3243 )
“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 )
“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 )
“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 )
“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 )
“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 )
“Pupil with a
disability” has the meaning ascribed to it in NRS 388.440 .
(Added to NRS by 1999, 3244 )
“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 )
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 )
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 )
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 himself or
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 his
resistance is minimal in intensity and duration;
(b) Escort or carry a pupil to safety if the pupil is in danger in
his 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 .
(Added to NRS by 1999, 3244 )
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 is
obtained from the pupil’s treating physician before the application of
the mechanical restraint or not later than 15 minutes after 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 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 or control his inappropriate behavior 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
others or causing severe property damage.
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
because he 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. §
300.455 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. 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 )
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 394.378
, inclusive.
(Added to NRS by 1999, 3246 )
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 him.
(Added to NRS by 1999, 3246 )
1. A private school where a violation of NRS 394.353 to 394.378 ,
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 )
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 394.378 ,
inclusive; or
2. Provided information regarding a violation of NRS 394.353
to 394.378 , inclusive,
Ę by a private school or a member of the staff of the private school.
(Added to NRS by 1999, 3246 )
1. A denial of rights of a pupil with a disability pursuant to NRS
394.353 to 394.378 , 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, he 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 )
PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTIONS
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)
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 Chairman. 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 Chairman 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 his
opinion, the Commissioner is guilty of malfeasance in office or neglect
of duty.
(Added to NRS by 1975, 1508; A 1977, 1214; 1983, 1441)
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 he 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)
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)
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)
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 his judgment 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 his own initiative or in response to any
complaint lodged with him, any person subject to, or reasonably believed
by the Administrator to be subject to, the Commission’s jurisdiction.
During an investigation he may:
(1) Subpoena any persons, books, records or documents
pertaining to the investigation;
(2) Require answers in writing under oath to questions
prepared by him or the Commission; and
(3) Administer an oath or affirmation to any person.
Ę 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 his duties.
(Added to NRS by 1975, 1509; A 1979, 1629; 1985, 993; 1989, 1458)
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 him to exercise
properly his powers and perform his 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)
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 his 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)
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)
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)
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 his
judgment 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. The Administrator shall keep
the materials confidential.
(Added to NRS by 1985, 989; A 1989, 1460)
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 he has paid.
(b) That if a student cancels his enrollment before the start of
the training program, the institution shall refund to the student all the
money he 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 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,
Ę 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
)
Repealed. (See chapter 197, Statutes of
Nevada 2005, at page 638 .)
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)
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 Chairman 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)
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
him. The application must be accompanied by the required fees. The
institution’s curriculum and financial statement are confidential 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)
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)
1. Except as otherwise provided in subsection 4, 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,
Ę the applicant must submit to the Administrator completed fingerprint
cards and a form authorizing an investigation of the applicant’s
background and the submission of a complete set of his fingerprints to
the Central Repository for Nevada Records of Criminal History for its
report and for submission to the Federal Bureau of Investigation for its
report. The fingerprint cards and authorization form submitted must be
those which are provided to the applicant by the Administrator. The
applicant’s fingerprints must be taken by an agency of law enforcement.
2. The Administrator shall keep the results of the investigation
confidential.
3. The applicant shall pay the cost of the investigation.
4. An applicant is not required to satisfy the requirements of
subsection 1 if he:
(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; or
(d) Has satisfied the requirements of subsection 1 within the
immediately preceding 5 years.
(Added to NRS by 1985, 987; A 1987, 409, 1013, 1441; 1989, 1463;
1997, 3228; 2003, 2850 )
[Effective until the date of the repeal of 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)
[Effective on the date of the repeal of 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 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)
[Expires by limitation on
the date of the repeal of 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 he 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 he 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)
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)
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 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 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 )
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 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, he 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)
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 he submits a written request for a hearing within 15 days
after the letter of denial is mailed to his 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)
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 his 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 he 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 his 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)
[Expires by limitation on the date of the repeal
of 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)
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 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 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 him. 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)
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)
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....................................................................
............................. $1,500
(b) For an application by an unlicensed out-of-state educational
institution to employ agents in this state 1,000
(c) For a change of
ownership..................................................................
.................... 750
(d) To add a new degree or vocational
program........................................................ 500
(e) For an initial agent’s
permit.....................................................................
................ 200
(f) For the renewal of an agent’s
permit.....................................................................
. 100
(g) 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)
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 )
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 his possession.
(Added to NRS by 1975, 1515; A 1979, 1636; 1985, 1001)
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)
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)
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 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
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)
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
thereby submits himself or his 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)
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)
1. The Attorney General or any district attorney, at the request
of the Commission or Board or on his 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)
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
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)
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)
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)
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,
Ę unless the institution is authorized by the Commission to award degrees.
(Added to NRS by 1975, 1027; A 1977, 149; 1985, 1004)
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)
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)
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
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,
Ę 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 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 )
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