USA Statutes : nevada
Title : Title 34 - EDUCATION
Chapter : CHAPTER 393 - SCHOOL PROPERTY
The board of trustees of a school district shall:
1. Manage and control the school property within its district,
except for any property belonging to a charter school.
2. Have the custody and safekeeping of the district schoolhouses,
their sites and appurtenances.
[409:32:1956]—(NRS A 1999, 3318 )
1. The board of trustees of a school district may insure for a
reasonable amount the schoolhouses, furniture and school apparatus with
some company authorized by law to transact business in the State of
Nevada, and may comply with the conditions of the insurance policies.
2. Except as provided in subsection 3, any money received by a
school district from insurance as payment for property loss shall be
deposited with the county treasurer in a special fund to the credit of
the school district, and may be expended in the manner provided by law
for the repair, rebuilding or replacement of the property damaged or
destroyed, without special budget provisions for such expenditure.
3. If the repair, rebuilding or replacement of the property
damaged or destroyed is not in the best interest of the district, as
determined by the board of trustees, the insurance proceeds may be
transferred from the special fund to the school district buildings and
sites fund. This subsection does not apply where, in order to obtain the
maximum insurance proceeds, the insurance contract requires that the
school improvement be reconstructed on the same site.
[410:32:1956]—(NRS A 1969, 590; 1979, 1617)
All property which is now vested in or which shall hereafter be
transferred to the board of trustees of a school district for the use of
schools in the school district shall be held by the board of trustees as
a corporation.
[411:32:1956]
1. As used in this section, “motor vehicle” means a motor vehicle
as defined in NRS 482.075 .
2. The board of trustees of a school district by resolution may
make, modify or abolish such rules prohibiting, restricting or regulating
the operation and parking of motor vehicles upon property controlled by
the district as the board considers convenient or necessary for the
policing of such property.
3. The rules promulgated under subsection 2 shall become effective
when appropriate signs giving notice thereof are erected upon such
property.
4. Every peace officer may enforce the rules promulgated under
subsection 2.
5. The district and any other political subdivision of this state
may enter into agreements or contracts for the purpose of providing a
uniform system of enforcement of the rules promulgated under subsection 2.
(Added to NRS by 1973, 268)
USE OF SCHOOL PROPERTY FOR PUBLIC PURPOSES
The board of trustees of any school district
may grant the use of school buildings or grounds for public, literary,
scientific, recreational or educational meetings, or for the discussion
of matters of general or public interest upon such terms and conditions
as the board deems proper, subject to the limitations, requirements and
restrictions set forth in NRS 393.071
to 393.0719 , inclusive.
(Added to NRS by 1959, 295; A 2003, 517 )
1. The board of trustees of a school district may grant the use of
libraries in the public schools located within the school district to the
general public during times that are not regular school hours.
2. A member of the general public who possesses a library card
issued by a public library, as that term is defined in NRS 379.0057
, may use that library card to check
out books at a school library that is open to the general public.
3. The board of trustees of a school district may enter into one
or more cooperative agreements with:
(a) The trustees of a consolidated, county, district, town or other
public library located within the county in which the school district is
located; and
(b) The governing authority of a city library located within the
county in which the school district is located,
Ê for the provision of library personnel and resources for a school
library located within the school district that is open to the general
public pursuant to this section.
4. If the board of trustees of a school district grants the use of
school libraries to the general public, the board of trustees may:
(a) Solicit and accept gifts, grants and other support for the
costs and expenses associated with the use of the school libraries by the
general public.
(b) Enhance its outreach to families with preschool children,
parents who need to improve their literacy skills and the general
community.
(Added to NRS by 2003, 517 )
No such use may be inconsistent with or interfere
with the use and occupancy of the buildings or grounds for school
purposes.
(Added to NRS by 1959, 295; A 1979, 1618)
No such use
shall be granted in such a manner as to constitute a monopoly for the
benefit of any person or organization.
(Added to NRS by 1959, 295)
1. Except as otherwise provided in subsection 2, the privilege of
using the buildings or grounds must not be granted for a period exceeding
1 year. The privilege is renewable and revocable in the discretion of the
board of trustees at any time.
2. The time limitation set forth in subsection 1 does not apply to
the use of a school library pursuant to NRS 393.07105 .
(Added to NRS by 1959, 295; A 2003, 517 )
The board of trustees of any school district may grant
the use of school buildings, grounds and equipment without charge to:
1. Public agencies for the purpose of holding examinations for the
selection of personnel.
2. The general public for use of school libraries within the
school district pursuant to NRS 393.07105 .
(Added to NRS by 1959, 295; A 2003, 517 )
1. No school property, buildings or grounds may be used to further
any program or movement the purpose of which is to accomplish the
overthrow of the Government of the United States or of any state by
force, violence or other unlawful means.
2. No board of trustees of any school district may grant the use
of any school property, building or grounds to any person or organization
for any use in violation of this section.
3. Any violation of this section is a misdemeanor.
(Added to NRS by 1959, 295)
1. The board of trustees of the school district shall make all
necessary regulations for the use of school buildings and grounds for
civic meetings and recreational activities, and for the aid, assistance
and encouragement of recreational activities.
2. The use of any school buildings or grounds for any meeting or
recreational activity is subject to such reasonable regulations as the
board of trustees prescribes.
(Added to NRS by 1959, 295; A 1979, 1618)
The
board of trustees of any school district may appoint a person who must
have charge of the grounds, preserve order, protect the school property,
plan, promote and supervise recreational activities, and do all things
necessary in the capacity of a representative of the board of trustees.
(Added to NRS by 1959, 295; A 1993, 2531)
1. Lighting, heating, janitorial service and the services of the
person referred to in NRS 393.0718 ,
when needed, and other necessary expenses, in connection with the use of
public school buildings and grounds pursuant to NRS 393.071 to 393.0719 , inclusive, must be provided for out of
school district funds of the respective school districts in the same
manner as similar services are provided for, and except as otherwise
provided in subsection 2, subject to reimbursement by the user in
accordance with such policies and regulations as the board of trustees
may adopt.
2. The board of trustees of a school district may not request
reimbursement for the costs and expenses associated with the use of a
school library by the general public pursuant to NRS 393.07105 .
(Added to NRS by 1959, 296; A 2003, 518 )
SCHOOL BUILDINGS AND FACILITIES
1. The board of trustees of a school district may:
(a) Build, purchase or rent schoolhouses and other school
buildings, including, but not limited to, teacherages, gymnasiums and
stadiums, and dormitories and dining halls as provided in NRS 393.090
.
(b) Enter into lease agreements for school facilities with an
option to purchase the facilities.
(c) Change the location of schools.
(d) Close a school or change the use of the school building to a
purpose other than the teaching of kindergarten through 12th grade.
(e) Supervise and inspect the work performed pursuant to a contract
to which the provisions of NRS 393.110
apply.
2. Any board of trustees which proposes to change the location of
a school, close a school or change the use of a school building as
provided in subsection 1 shall give 30 days’ written notice to the
principal and teachers of the affected school and to the parents of the
children attending that school. In addition the board of trustees shall
publish a notice of the subject, time and place of the meeting at which
the matter will be considered, in a newspaper of general circulation in
the county at least 10 days before the meeting.
[416:32:1956]—(NRS A 1977, 1562; 1993, 2410; 1997, 2457)
Any resident of a
school district who is aggrieved by a decision of the board of trustees
to close or change the use of a school under NRS 393.080 may, within 30 days after the decision is
rendered, make a written request to the board for a hearing for
reconsideration of the decision. The board shall schedule the hearing
within 30 days after receiving the request and shall publish a notice of
the time and place of the hearing in a newspaper of general circulation
in the county at least 10 days before the hearing. The decision of the
board of trustees after its reconsideration hearing is a final decision
subject to judicial review as provided by law.
(Added to NRS by 1977, 1562; A 2003, 2349 )
The board of trustees of a school district shall have the power
to provide for the rental, purchase or erection of suitable dormitories
and dining halls for high school students, and to provide for the
support, maintenance and management of the same. The board of trustees
shall not furnish board, lodging, support and maintenance of pupils at
any other place when dormitories and dining halls are regularly
established. Dormitories and dining halls shall be considered part of the
regular school equipment and organization where so provided.
[417:32:1956]
1. The board of trustees of a school district in a county whose
population is 100,000 or more shall establish an oversight panel for
school facilities, consisting of 11 members selected as follows:
(a) Six members who are elected representatives of local
government, to be determined as follows:
(1) One member of the board of county commissioners
appointed by a majority vote of the board of county commissioners;
(2) One member of the governing body of each incorporated
city in the county, each of whom is appointed by a majority vote of the
governing body of which he is a member; and
(3) If the membership determined pursuant to subparagraphs
(1) and (2) is less than six, one additional member of the board of
county commissioners appointed by a majority vote of the board of county
commissioners and, if applicable, additional members of the governing
bodies of incorporated cities in the county, each of whom must be
appointed by a majority vote of the governing body of which he is a
member, until six members have been appointed. If the membership
determined pursuant to this paragraph would result in an unequal number
of representatives among the incorporated cities, the membership of the
incorporated cities on the oversight panel must be rotated and the board
of county commissioners shall draw lots to determine which city or cities
will be first represented, which next, and so on.
(b) Five members appointed by the board of trustees of the county
school district to be determined as follows:
(1) One member who has experience in structural or civil
engineering;
(2) One member who has experience in matters relating to the
construction of public works projects;
(3) One member who has experience in the financing or
estimation of the cost of construction projects;
(4) One member who is a representative of the gaming
industry; and
(5) One member who is a representative of the general public
who has an interest in education.
2. After the initial terms, the term of each member of the
oversight panel is 2 years. Members of the oversight panel are eligible
for reappointment.
(Added to NRS by 1997, 2456)
The board
of trustees of a school district in a county whose population is 100,000
or more shall:
1. Provide administrative support to the oversight panel for
school facilities established by the board of trustees pursuant to NRS
393.092 ; and
2. Comply with all requests by the oversight panel for information.
(Added to NRS by 1997, 2456)
1. The board of trustees of a school district in a county whose
population is 400,000 or more may, by a vote of not less than two-thirds
of the total membership of the board of trustees, expand the duties of
the oversight panel for school facilities established for the school
district pursuant to NRS 393.092 .
2. If the board of trustees votes to expand the duties of the
oversight panel, the board of trustees shall:
(a) Prepare a 3-year plan for the renovation of school facilities
and a 5-year plan for the construction of school facilities within the
school district for submission to the oversight panel for its review and
recommendations;
(b) Appoint the assistant superintendent of school facilities or
his designee, if the board of trustees has employed a person to serve in
that capacity, or otherwise appoint an employee of the school district
who has knowledge and experience in school construction, to act as a
liaison between the school district and the oversight panel;
(c) Consider each recommendation made by the oversight panel and,
if the board of trustees does not adopt a recommendation, state in
writing the reason for its action and include the statement in the
minutes of the board of trustees, if applicable; and
(d) In addition to the administrative support required pursuant to
NRS 393.095 , provide such
administrative support to the oversight panel as is necessary for the
oversight panel to carry out its expanded duties.
3. If the board of trustees votes to expand the duties of the
oversight panel, the oversight panel shall:
(a) Work cooperatively with the board of trustees of the school
district to ensure that the program of school construction and renovation
is responsive to the educational needs of pupils within the school
district;
(b) Review the 3-year plan for the renovation of school facilities
and the 5-year plan for the construction of school facilities submitted
by the board of trustees of the school district and make recommendations
to the board of trustees for any necessary revisions to the plans;
(c) On a quarterly basis, or more frequently if the oversight panel
determines necessary, evaluate the program of school construction and
renovation that is designed to carry out the 3-year plan and the 5-year
plan and make recommendations to the board of trustees concerning the
program;
(d) Make recommendations for the management of construction and
renovation of school facilities within the school district in a manner
that ensures effective and efficient expenditure of public money; and
(e) Prepare an annual report that includes a summary of the
progress of the construction and renovation of school facilities within
the school district and the expenditure of money from the proceeds of
bonds for the construction and renovation, if such information is
available to the oversight panel.
(Added to NRS by 1999, 2106 )
1. On or before July 1 of each even-numbered year, each oversight
panel for school facilities established in a county whose population is
100,000 or more pursuant to NRS 393.092
and each board of trustees of a school district in a county whose
population is less than 100,000 shall submit to the Director of the
Legislative Counsel Bureau for transmittal to the next regular session of
the Legislature written recommendations for financing the costs of new
construction, design, maintenance and repair of school facilities.
2. In a county whose population is 100,000 or more, the oversight
panel for school facilities shall review and approve or disapprove a
request by the board of trustees of the school district for the issuance
of general obligation bonds pursuant to subsection 4 of NRS 350.020
.
(Added to NRS by 1997, 2457)
The board of trustees of a school district
shall keep the public school buildings, teacherages, dormitories, dining
halls, gymnasiums, stadiums and all other buildings in its charge in such
repair as is necessary for the comfort and health of pupils and teachers.
[418:32:1956]—(NRS A 1959, 809; 1979, 1618)
A school district that has more than
150,000 pupils enrolled shall develop and adopt a policy concerning the
renovation or reconstruction of older buildings for schools or related
facilities. As part of the policy, consideration must be given to the
relative advantages and disadvantages of the renovation or reconstruction
of older buildings for schools or related facilities as compared to the
design, construction or purchase of new buildings for schools or related
facilities, including, without limitation, an analysis of the costs to
renovate or reconstruct existing buildings and facilities to comply with
the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.,
in comparison with the costs to construct or purchase new buildings and
facilities. The policy must include, without limitation, guidelines for
use by the board of trustees in determining:
1. Whether older buildings should be renovated or reconstructed or
whether new buildings to replace those older buildings should be
constructed or purchased, including, without limitation, a determination
of the costs to renovate or reconstruct existing buildings and facilities
to comply with the Americans with Disabilities Act of 1990, 42 U.S.C. §§
12101 et seq., in comparison with the costs to construct or purchase new
buildings and facilities.
2. The manner in which the board of trustees will expend or
disburse money that the board did not otherwise anticipate would be
available to finance the renovation or reconstruction of older buildings
and the construction or purchase of new buildings, if such money, in
fact, becomes available.
(Added to NRS by 1999, 2947 ; A 2001, 1113 , 1723 )
1. The board of trustees of a school district shall ensure that
each school under its management and control:
(a) Maintains at the school a material safety data sheet for each
hazardous chemical used on the buildings or grounds of the school;
(b) Complies with any safety precautions contained in those sheets;
and
(c) Makes 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, 3352)
1. Each school district shall, in the design, construction and
alteration of school buildings and facilities comply with the applicable
requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§
12101 et seq., and the regulations adopted pursuant thereto, including,
without limitation, the Americans with Disabilities Act Accessibility
Guidelines for Buildings and Facilities set forth in Appendix A of Part
36 of Title 28 of the Code of Federal Regulations. The requirements of
this subsection are not satisfied if a school district complies solely
with the Uniform Federal Accessibility Standards set forth in Appendix A
of Part 101-19.6 of Title 41 of the Code of Federal Regulations.
2. Except as otherwise provided in subsection 3:
(a) Unless standard plans, designs and specifications are to be
used as provided in NRS 385.125 , before
letting any contract or contracts for the erection of any new school
building, the board of trustees of a school district shall submit plans,
designs and specifications therefor to, and obtain the written approval
of the plans, designs and specifications by, the State Public Works
Board. The State Public Works Board shall review the plans, designs and
specifications and make any recommendations as expeditiously as
practicable. The State Public Works Board is authorized to charge and
collect, and the board of trustees is authorized to pay, a reasonable fee
for the payment of any costs incurred by the State Public Works Board in
securing the approval of qualified architects or engineers of the plans,
designs and specifications submitted by the board of trustees in
compliance with the provisions of this paragraph.
(b) Before letting any contract or contracts for any addition to or
alteration of an existing school building which involves structural
systems, or exiting, sanitary or fire protection facilities, the board of
trustees of a school district shall submit plans, designs and
specifications therefor to, and obtain the written approval of the plans,
designs and specifications by, the State Public Works Board. The State
Public Works Board shall review the plans, designs and specifications and
make any recommendations as expeditiously as practicable. The State
Public Works Board is authorized to charge and collect, and the board of
trustees is authorized to pay, a reasonable fee for the payment of any
costs incurred by the State Public Works Board in securing the approval
of qualified architects or engineers of the plans, designs and
specifications submitted by the board of trustees in compliance with the
provisions of this paragraph.
Ê The State Public Works Board shall verify that all plans, designs and
specifications that it reviews pursuant to this section comply with all
applicable requirements of the Americans with Disabilities Act of 1990,
42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto,
including, without limitation, the Americans with Disabilities Act
Accessibility Guidelines for Buildings and Facilities set forth in
Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The
requirements of this subsection are not satisfied if the plans, designs
and specifications comply solely with the Uniform Federal Accessibility
Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the
Code of Federal Regulations.
3. The State Public Works Board may enter into an agreement with
the appropriate building department of a county or city to review plans,
designs and specifications of a school district pursuant to subsection 2.
If the State Public Works Board enters into such an agreement, the board
of trustees of the school district shall submit a copy of its plans,
designs and specifications for any project to which subsection 2 applies
to the building department before commencement of the project for the
approval of the building department. The building department shall review
the plans, designs and specifications and provide responsive comment as
expeditiously as practicable to verify that the plans, designs and
specifications comply with all applicable requirements of the Americans
with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., inclusive, and
the regulations adopted pursuant thereto, including, without limitation,
the Americans with Disabilities Act Accessibility Guidelines for
Buildings and Facilities set forth in Appendix A of Part 36 of Title 28
of the Code of Federal Regulations. The building department may charge
and collect a reasonable fee from the board of trustees of the school
district for the payment of any costs incurred by the building department
in reviewing the plans, designs and specifications. A permit for
construction must not be issued without the approval of the building
department pursuant to this subsection. The requirements of this
subsection are not satisfied if the plans, designs and specifications
comply solely with the Uniform Federal Accessibility Standards set forth
in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal
Regulations.
4. No contract for any of the purposes specified in subsection 1
made by a board of trustees of a school district contrary to the
provisions of this section is valid, nor shall any public money be paid
for erecting, adding to or altering any school building in contravention
of this section.
[419:32:1956]—(NRS A 1973, 728, 907; 1993, 2410, 2411; 1997, 2457;
1999, 2854 )
When the board of trustees of a school district has twice
followed the procedure for notice calling for bids for the construction,
repair or alteration of or an addition to a school building, as provided
in chapter 332 of NRS, if no satisfactory bid
is received, the board may receive proposals, and enter into a contract
on the basis of such proposals, on a cost-plus-a-fee basis, without
further notice calling for bids.
[421:32:1956]—(NRS A 1967, 1240; 1979, 1618)
SCHOOL SITES
The board of trustees of a school
district shall have the power by exchange, purchase, lease or otherwise
to acquire any school site or other real property for necessary school
purposes, including but not limited to playgrounds, athletic fields and
sites for stadiums.
[422:32:1956]—(NRS A 1957, 297; 1961, 63)
The board of trustees of any school district in this
State may expend money available for school construction to make
necessary improvements, including without limitation sidewalks, curbs,
gutters, street lights, traffic control signs or devices, fire hydrants,
water and sewer lines, street paving and drainage for flood control,
which are not located on the property of the school district but are
necessary or appropriate to the school construction undertaken.
(Added to NRS by 1965, 556; A 1967, 62; 1979, 299, 1618)
EQUIPMENT, SUPPLIES AND PRINTING
The board of trustees of a school
district shall have the power:
1. To purchase, rent or otherwise acquire supplies and equipment
necessary for the operation of the public schools and other school
facilities of the school district.
2. To furnish writing and drawing paper, pens, ink, blackboards,
erasers, crayons, lead pencils and other necessary supplies for the use
of the schools.
3. To repair any equipment.
[424:32:1956]
1. The board of trustees of a school district shall purchase all
new library books and supplies, all new textbooks and supplementary
schoolbooks which are necessary and have been approved by the State Board
of Education, and school supplies necessary to carry out the mandates of
the school curriculum to be used by the pupils of the school district.
The cost of the books and supplies is a legal charge against the school
district fund.
2. All books purchased by the board of trustees must be held as
property of the school district, and must be loaned to the pupils of the
school in the school district while pursuing a course of study therein.
3. The parents and guardians of pupils are responsible for all
books and any and all other material or equipment loaned to the children
in their charge, and shall pay to the clerk of the board of trustees, or
to any other person authorized by the board to receive the same, the full
purchase price of all such books, material or equipment destroyed, lost
or so damaged as to make them unfit for use by other pupils succeeding to
their classes. The board of trustees shall establish reasonable rules and
regulations governing the care and custody of such school property, and
for the payment of fines for damage thereto.
4. Equipment and materials for use in manual training, industrial
training and teaching domestic science may be supplied to the pupils in
the same manner, out of the same fund, and on the same terms and
conditions as books. No private ownership may be acquired in such
equipment or material, unless sold in the manner prescribed by law when
such equipment or material are no longer used or required for the schools
of the school district.
5. Authorized supplementary books and desk books for the use of
teachers must be purchased under NRS 393.160 to 393.210 ,
inclusive, and remain the property of the school district for which they
were purchased, unless sold in accordance with the provisions of this
chapter.
6. The clerk of the board of trustees shall turn over to the
county treasurer, within 30 days after receiving it, all money, collected
under the provisions of this section, and the money must be credited to
the school district fund.
7. Any person violating any of the provisions of this section is
guilty of a misdemeanor.
[425:32:1956]—(NRS A 1967, 567; 1973, 235; 1991, 478)
The
board of trustees of a school district shall provide a suitable flag of
the United States for each schoolhouse in the school district. The flag
shall be hoisted on the schoolhouse or flagpole on all days when school
is in session.
[428:32:1956]—(NRS A 1959, 809; 1979, 1618)
1. Except as otherwise provided in this section and NRS 344.050
, all public printing required by the
various school districts of this State must be placed with a bona fide
newspaper or bona fide commercial printing establishment within the
school district requiring the printing, if such a newspaper or printing
establishment exists within the district.
2. If one or more bona fide newspapers or bona fide commercial
printing establishments exist within the school district but none is
adequately equipped to do the printing, the printing must be placed with
a bona fide newspaper or bona fide commercial printing establishment in
the State adequately equipped to do the printing.
3. Printing required by school districts must be done within the
State, except that school district bonds and other evidences of
indebtedness may be printed outside the State.
4. Printing is required to be placed as provided in this section
only if satisfactory services are rendered by all such printing
establishments and reasonable charges are made therefor. As used in this
subsection, “reasonable charges” means charges not in excess of the
amount necessary to be paid for similar work in other printing
establishments.
[Part 1:120:1925; A 1927, 227; NCL § 5610] + [429:32:1956]—(NRS A
1959, 217; 1979, 1619; 2005, 1091 )
SALE, LEASE OR RENTAL OF REAL PROPERTY BELONGING TO A SCHOOL DISTRICT
1. When the board of trustees of a school district determines that
the sale, rental or lease of real property belonging to the school
district is necessary or for the best interests of the school district,
the board shall have the power to sell, rent or lease such real property,
whether acquired by purchase, dedication or otherwise.
2. The provisions of subsection 1 shall not be construed to permit
the sale, rental or lease of any real property in contravention of any
condition in a gift or devise of real property to the school district.
[430:32:1956]—(NRS A 1969, 275)
1. Except as otherwise provided in this section and NRS 393.3251
to 393.3255 , inclusive, if the board of trustees proposes
to sell or lease any real property, the board shall appoint one
appraiser. A second appraiser must be appointed by the Superintendent of
Public Instruction.
2. The appraisers shall make a report to the board of trustees of
their findings and determinations of the cash market value of the
property proposed to be sold, or the rental value of the property
proposed to be leased.
3. Except as otherwise provided in this section and NRS 393.270
, no sale or lease of real property may
be made for less than the value fixed by the appraisers, but this
requirement does not apply to a conveyance without charge to another
political subdivision.
4. The compensation of each appraiser appointed pursuant to the
provisions of this section must be fixed by the board of trustees and is
a legal charge against the school district fund.
5. The board of trustees may sell real property without an
independent appraisal if the property is reasonably determined by the
board to have a fair market value of $5,000 or less.
6. If the board of trustees proposes to sell a house or other
structure that is built by pupils enrolled in a program of instruction
offered by a public school in the school district, the report concerning
the cash market value of the house or other structure required to be
submitted to the board of trustees pursuant to the provisions of
subsection 2 must be prepared and submitted by an appraiser appointed by
the board.
[432:32:1956]—(NRS A 1959, 809; 1969, 275; 1975, 31; 1979, 1619;
1981, 377; 2001, 588 ; 2003, 937 )
1. The board of trustees may sell or lease real property:
(a) To a responsible bidder in the manner provided by NRS 393.250
to 393.300 , inclusive; or
(b) Through a licensed real estate broker. Except as otherwise
provided in subsection 3, an exclusive listing may not be given. In all
listings, the board of trustees shall specify the minimum price or
rental, the terms of the sale or lease, and the commission to be allowed,
which must not exceed the normal commissions prevailing in the community
at the time.
2. Except as otherwise provided in this subsection, all sales may
be made for cash, or for not less than 25 percent cash down and upon
deferred payments for not more than 10 years, secured by a mortgage or
deed of trust, bearing such interest and upon such further terms as
specified by the board of trustees. The sale of a house or other
structure that is built by pupils enrolled in a program of instruction
offered by a public school in the school district may be for cash or upon
such terms and conditions as are determined by the board of trustees.
3. If the board of trustees proposes to sell a house or other
structure built by pupils enrolled in a program of instruction offered by
a public school in the school district, the board of trustees may enter
into a brokerage agreement to list the house or structure with a real
estate broker who:
(a) Is licensed in this state;
(b) Maintains an office within the county where the school district
is located; and
(c) Has been selected by the board of trustees pursuant to the
provisions of NRS 393.247 .
4. The provisions of this section apply to all sales and leases of
real property, except leases and rentals subject to NRS 393.3251 to 393.3255 , inclusive, but if an appraisal is required
pursuant to the provisions of NRS 393.240 , the board of trustees shall not adopt the
resolution described in NRS 393.250 or
otherwise commence bidding or listing procedures until the appraisal has
been received.
(Added to NRS by 1967, 269; A 1975, 32; 2001, 589 )
1. The board of trustees may, after complying with any other
applicable provision of NRS 393.220 to
393.325 , inclusive, sell any house or
other structure built by pupils enrolled in a program of instruction
offered by a public school in the school district by accepting written
proposals for the purchase of the house or structure at any public
meeting held by the board of trustees.
2. If the board of trustees proposes to sell a house or other
structure built by pupils enrolled in a program of instruction offered by
a public school in the school district and wishes to give an exclusive
listing to a real estate broker to sell the house or structure, the board
of trustees shall cause written notice to be published at least once in a
newspaper of general circulation within the county not less than 30 days
before adopting a resolution of intention to sell the house or structure
pursuant to the provisions of NRS 393.250 . The notice must:
(a) Describe the house or structure in such a manner as to identify
it; and
(b) Include a statement indicating that:
(1) The board of trustees intends to adopt a resolution
pursuant to the provisions of NRS 393.250 and the proposed date for its adoption; and
(2) If a real estate broker wishes to be included in a list
of prospective real estate brokers prepared pursuant to the provisions of
subsection 3, the real estate broker may provide a written notice of that
fact to the board of trustees not less than 10 days before the date
specified in subparagraph (1). To qualify for inclusion on the list, a
real estate broker must maintain an office within the county where the
school district is located.
3. Before adopting a resolution specified in subsection 2, the
board of trustees shall:
(a) Prepare a list that includes the name of each qualified real
estate broker from whom the board of trustees received a written notice
pursuant to the provisions of subparagraph (2) of paragraph (b) of
subsection 2; and
(b) Upon completion of the list, select by lottery a real estate
broker who maintains an office within the county where the school
district is located from the list.
4. If the board of trustees sells a house or other structure built
by pupils enrolled in a program of instruction offered by a public school
in the school district and if the purchaser of the house or structure was
procured by a real estate broker who was selected pursuant to the
provisions of subsection 3, the board of trustees shall pay a commission
to the real estate broker for the full amount for which the sale is
confirmed. If the real estate broker did not procure the purchaser of the
house or structure, the board of trustees shall pay one-half of the
commission on the full amount for which the sale is confirmed to the real
estate broker and one-half of the commission to the real estate broker
who procured the purchaser of the property.
5. The provisions of paragraph (c) of subsection 2 of NRS 393.250
and NRS 393.270 and 393.280
do not apply to the sale of a house or other structure built by pupils
enrolled in a program of instruction offered by a public school in the
school district.
(Added to NRS by 2001, 587 )
1. Before ordering the sale or lease of any property, the board of
trustees shall, in an open meeting by a majority vote of the members,
adopt a resolution declaring its intention to sell the property, or a
resolution declaring its intention to lease it.
2. The resolution must:
(a) Describe the property proposed to be sold or leased in such a
manner as to identify it.
(b) Specify the minimum price or rental, and the terms upon which
it will be sold or leased, and the commission, if any, which must not
exceed the normal commissions prevailing in the community at the time,
which the board will pay to a licensed real estate broker.
(c) Except as otherwise provided in NRS 393.247 , fix a time, not less than 3 weeks thereafter,
for a public meeting of the board of trustees to be held at its regular
place of meeting, at which sealed proposals to purchase or lease will be
received and considered.
3. In addition to the requirements specified in subsection 2, if
the property proposed to be sold is a house or other structure built by
pupils enrolled in a program of instruction offered by a public school in
the school district and the board of trustees has listed the house or
structure with a real estate broker pursuant to the provisions of
subsection 3 of NRS 393.245 , the
resolution required pursuant to the provisions of this section must
include:
(a) The name, business address and telephone number of the real
estate broker; and
(b) The period during which the house or structure may be inspected
by prospective purchasers.
[433:32:1956]—(NRS A 1967, 269; 1975, 32; 2001, 589 )
Notice of the adoption of the resolution and of
the time and place of holding the meeting, if required pursuant to the
provisions of paragraph (c) of subsection 2 of NRS 393.250 , must be given by:
1. Posting copies of the resolution in three public places in the
school district not less than 15 days before the date of the meeting; and
2. Publishing the resolution not less than once a week for 2
successive weeks before the meeting in a newspaper of general circulation
published in the school district, if any such newspaper is published
therein.
[434:32:1956]—(NRS A 2001, 590 )
1. Except as otherwise provided in NRS 393.247 , at the time and place fixed in the resolution
for the meeting of the board of trustees, each sealed proposal that has
been received must, in public session, be opened, examined and declared
by the board. Of the proposals submitted which conform to all terms and
conditions specified in the resolution of intention to sell or to lease
and which are made by responsible bidders, the proposal which is the
highest must be finally accepted, unless a higher oral bid is accepted or
the board rejects all bids.
2. If the real property is subject to the requirement of an
independent appraisal pursuant to NRS 393.240 and the board of trustees does not receive a
bid that is at least equal to the cash market value of the property as
determined by the appraisers, the board of trustees may, at the session
held pursuant to subsection 1 or in an open meeting of the board of
trustees held pursuant to NRS 393.250 ,
amend the resolution, including, without limitation, setting a time, not
less than 3 weeks thereafter, for another public meeting of the board of
trustees to be held at its regular place of meeting, at which sealed
proposals to purchase or lease will again be received and considered. If
the board of trustees adopts an amended resolution pursuant to this
subsection, the board shall notice the amended resolution pursuant to NRS
393.260 and proceed in accordance with
the provisions of subsection 1.
3. If the board of trustees, upon opening the proposals received
pursuant to the amended resolution, does not receive a bid that is at
least equal to the cash market value of the property as determined by the
appraisers, the board of trustees may, at the session held pursuant to
the amended resolution or in an open meeting of the board of trustees
held pursuant to NRS 393.250 , amend the
resolution a second time, including, without limitation, setting a time,
not less than 3 weeks thereafter, for another public meeting of the board
of trustees to be held at its regular place of meeting, at which sealed
proposals to purchase or lease will again be received and considered. If
the board of trustees adopts an amended resolution pursuant to this
subsection, the board shall notice the amended resolution pursuant to NRS
393.260 and proceed in accordance with
the provisions of subsection 1. Of the proposals received and considered
at the meeting, the board of trustees may finally accept the proposal
which is the highest, even if that proposal is for an amount less than
the cash market value of the property as determined by the appraisers.
[435:32:1956]—(NRS A 2001, 590 ; 2003, 937 )
Except as otherwise provided in NRS 393.247 :
1. Before accepting any written proposal, the board of trustees
shall call for oral bids. If, upon the call for oral bidding, any
responsible person offers to purchase the property or to lease the
property, as the case may be, upon the terms and conditions specified in
the resolution, for a price or rental exceeding by at least 5 percent the
highest written proposal, after deducting the commission, if any, to be
paid a licensed real estate broker in connection therewith, the oral bid
which is the highest after deducting any commissions to be paid a
licensed real estate broker in connection therewith, which is made by a
responsible person, must be finally accepted.
2. If a sale or lease is made on a higher oral bid to a purchaser
procured by an authorized, licensed real estate broker, other than the
broker who submitted the highest written proposal, the board shall allow
a commission on the full amount for which the sale is confirmed. One-half
of the commission on the amount of the highest written proposal must be
paid to the broker who submitted it, and the balance of the commission on
the purchase price to the broker who procured the purchaser to whom the
sale was confirmed. If a sale or lease is made on a higher oral bid to a
purchaser not procured by a licensed real estate broker, the board shall
allow one-half of the commission on the amount of the highest written
proposal, if that highest written proposal was submitted by a licensed
real estate broker.
[436:32:1956]—(NRS A 1967, 270; 2001, 590 )
The final acceptance by the board
of trustees may be made:
1. At the same session held pursuant to the provisions of NRS
393.270 ;
2. At any adjourned session of the same meeting held within the 10
days next following; or
3. If the board of trustees is selling a house or other structure
built by pupils enrolled in a program of instruction offered by a public
school in the school district, at any public meeting held pursuant to the
provisions of NRS 393.247 .
[437:32:1956]—(NRS A 2001, 591 )
The board of trustees may:
1. At the session held pursuant to the provisions of NRS 393.270
; or
2. At any public meeting held by the board of trustees pursuant to
the provisions of NRS 393.247 ,
Ê if it deems such an action to be for the best public interest, reject
any bid, and withdraw the property from sale or lease.
[438:32:1956]—(NRS A 2001, 591 )
Any resolution of acceptance made by the board of trustees of any bid or
any sale through an authorized broker shall authorize and direct the
president of the board of trustees to execute a deed or lease and to
deliver it upon performance and compliance by the purchaser or lessee
with all the terms or conditions of his contract which are to be
performed concurrently therewith.
[439:32:1956]—(NRS A 1967, 270)
All moneys received from rentals or sale of
real property shall be deposited forthwith with the county treasurer to
be credited to the school district buildings and sites fund.
[440:32:1956]—(NRS A 1963, 431)
1. Notwithstanding any of the provisions of NRS 393.220 to 393.320 ,
inclusive, the board of trustees shall have the power to lease any school
building not in use at a nominal rental for community center purposes.
2. The following conditions shall apply:
(a) The lease must be made with a nonprofit association properly
and regularly formed and maintained by residents of a particular
community or area within the school district desiring to utilize an
available school building as a community center.
(b) Any school building so leased must be used for community center
purposes only, and may not be used for private gain.
(c) The lease shall provide for cancellation of the lease and a
return of the school building to the possession of the school district,
upon 30 days’ written notice and demand, should the board of trustees
find it desirable again to operate a school within the building or should
the building cease to be used for community center purposes.
3. The lease may contain such further provisions as the board of
trustees deems appropriate, including but not restricted to a provision
for the cancellation of the lease and return of the building under such
other conditions and upon such terms as may be agreed.
(Added to NRS by 1957, 103; A 1967, 174)
LEASE OR RENTAL OF REAL PROPERTY OF SCHOOL DISTRICT HAVING RENTAL VALUE
OF $5,000 OR LESS A YEAR
1. When the board of trustees determines that the rental value of
any real property belonging to the school district is $5,000 or less a
year, the board of trustees may lease or rent such property for a year or
less without obtaining a formal appraisal.
2. After determining the amount and the terms of the lease, the
board of trustees shall in open meeting by a majority vote of the members
adopt a resolution declaring its intention to lease the property. The
resolution shall:
(a) Describe the real property proposed to be leased, and such
description must be sufficiently clear to identify readily the property
involved.
(b) Specify the rental price and the use for which the property is
to be leased or rented. All leases and rentals shall be for cash.
(c) Fix a time, not less than 1 week after publication of notice,
for a public meeting of the board of trustees to be held at its regular
place of meeting, at which time lease or rental proposals will be heard
and considered.
(Added to NRS by 1969, 274; A 1975, 164)
Notice of the adoption of the resolution and the time and
place of holding the meeting shall be given by publication of the
resolution at least once in a newspaper of general circulation in the
school district.
(Added to NRS by 1969, 274)
1. At the time and place fixed in the notice for the meeting
required by NRS 393.3251 , the clerk of
the board of trustees shall read the public notice.
2. The president of the board of trustees shall then ask for any:
(a) Protests to the proposed lease.
(b) Proposals from any individuals or associations interested in
leasing the property. The board of trustees shall not consider any such
proposal unless the amount of the rental is at least 5 percent greater
than the amount specified in the original proposal and the notice.
3. After hearing any protests or additional proposals, the board
of trustees shall determine whether to lease or rent such property, and
if so, it shall accept the highest oral bid if such bid is made by a
responsible person and meets the requirements of subsection 2.
(Added to NRS by 1969, 274)
Any lease or rental agreement entered into pursuant to NRS
393.3251 , 393.3252 and 393.3253 may be renewed without a public hearing, for
3 years after the original agreement, subject to yearly review and
adjustment, at the discretion of the board of trustees, of the amount of
the rental and the terms of the lease or agreement. Any adjustment of the
amount of the rental shall not be for an amount less than that provided
in the original agreement unless the board of trustees determines that it
is in the best interest of the school district.
(Added to NRS by 1969, 274)
All moneys received from the rental or lease
of real property pursuant to NRS 393.3251 to 393.3255 , inclusive, shall be deposited with the
county treasurer of the county in which the school district is located
and shall be credited to the school district buildings and sites fund.
(Added to NRS by 1969, 275)
EXCHANGE OF REAL PROPERTY BELONGING TO SCHOOL DISTRICT
1. When the board of trustees of a school district determines that
the exchange of real property belonging to the school district for real
property belonging to an individual, partnership or corporation, other
than a public agency as defined in NRS 277.050 or an Indian tribe, is necessary or for the
best interests of the school district, the board shall have the power to
exchange such real property, whether acquired by purchase, dedication or
otherwise.
2. The provisions of subsection 1 shall not be construed to permit
the exchange of any real property in contravention of any condition in a
gift or devise of real property to the school district.
(Added to NRS by 1961, 64; A 1999, 1161 )
Every exchange with an
individual, partnership or corporation must be made in the manner
provided in NRS 393.326 to 393.3293
, inclusive. Exchanges with public
agencies and Indian tribes must be made in the manner provided in NRS
277.050 .
(Added to NRS by 1961, 64; A 1999, 1162 )
1. When the board of trustees proposes to exchange real property,
the board shall appoint one appraiser. The owner of the other real
property proposed to be exchanged shall appoint one appraiser. A third
appraiser shall be appointed by the Superintendent of Public Instruction.
2. The appraisers shall make a report to the board of trustees of
their findings and determinations of the cash market value of the real
properties proposed to be exchanged.
3. The exchange of real property shall be made only at the values
fixed by the appraisers. If the real properties sought to be exchanged
are not of equal value, the owner of the parcel of real property of
lesser value shall pay in money to the owner of the parcel of real
property of greater value the difference.
4. The compensation of the appraisers shall be fixed by the board
of trustees, and shall be a legal charge against the school district.
(Added to NRS by 1961, 64; A 1979, 1620)
1. After receiving the report of the appraisers and before
ordering the exchange of any real property, the board of trustees shall,
in open meeting by a majority vote of the members, adopt a resolution
declaring the board’s intention to exchange the real property.
2. The resolution shall:
(a) Describe the real properties proposed to be exchanged in such a
manner as to identify them.
(b) Specify the cash market value of the real properties proposed
to be exchanged as determined by the appraisers.
(c) Fix a time, not less than 3 weeks thereafter, for a public
meeting of the board of trustees to be held at its regular place of
meeting, at which meeting objections to the proposed exchange may be made
by interested persons.
(Added to NRS by 1961, 64)
Notice of the adoption of the resolution and of
the time and place of the meeting shall be given by:
1. Posting copies of the resolution in three public places in the
school district not less than 15 days before the date of the meeting; and
2. Publishing the resolution not less than once a week for 2
successive weeks before the meeting in a newspaper of general circulation
published in the school district, if any such newspaper is published
therein.
(Added to NRS by 1961, 64)
After the public meeting, if the board determines that the
exchange of such real properties is necessary or for the best interests
of the school district, the board shall order that the exchange be made,
and shall direct the president of the board of trustees to execute all
necessary conveyances therefor.
(Added to NRS by 1961, 65)
All moneys received by a school district from exchanges
of real property as provided in subsection 3 of NRS 393.328 shall be deposited forthwith with the county
treasurer to be credited to the school district fund, unless the board of
trustees of such county school district has elected to establish and
administer a separate account under NRS 354.603 for the school district fund, in which case
such moneys shall be placed in such separate account.
(Added to NRS by 1961, 65; A 1971, 1349; 1975, 1810)
DIVISION OF PROPERTY UPON ABOLISHMENT OF COUNTY OR CHANGE OF BOUNDARIES
OF COUNTY
1. When a county is abolished as provided in Section 36 of Article
4 of the Constitution of the State of Nevada, and NRS 243.420 to 243.455 ,
inclusive, and all the territory thereof is included within an existing
county, the property of the abolished school district shall become the
property of the county school district to which the territory is annexed.
2. When a county is abolished as provided in Section 36 of Article
4 of the Constitution of the State of Nevada, and NRS 243.420 to 243.455 ,
inclusive, and all the territory thereof is included within the territory
of two or more existing counties, the personal property of the abolished
school district shall be divided among the county school districts to
which the territory is attached in the same proportion as the ratio of
the assessed valuation of the territory added to each county bears to the
total assessed valuation of the abolished county. All real property of
the school district situated in the territory added to a county shall
become the property of the school district of which it becomes a part.
[445:32:1956]
When a portion of a
county is detached and annexed to another county, the personal property
of the school district whose boundaries are conterminous with the
boundaries of the county from which territory is annexed shall be divided
between the school districts in the same proportion as the ratio of the
assessed valuation of the territory detached to the total assessed
valuation of the territory of the county before the portion was detached
and annexed. All real property of the school district situated in the
portion of the county detached and annexed shall become the property of
the school district of which it becomes a part.
[446:32:1956]
UNLAWFUL ACTS
1. Except as otherwise provided in subsection 2, it is unlawful
for a person to engage in any kind of surreptitious electronic
surveillance on any property of a public school without the knowledge of
the person being observed.
2. Subsection 1 does not apply to any electronic surveillance:
(a) Authorized by a court order issued to a public officer, based
upon a showing of probable cause to believe that criminal activity is
occurring on the property of the public school under surveillance;
(b) By a law enforcement agency pursuant to a criminal
investigation;
(c) Which is necessary as part of a system of security used to
protect and ensure the safety of persons on the property of the public
school; or
(d) Of a class or laboratory when authorized by the teacher of the
class or laboratory.
(Added to NRS by 1993, 2138)
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 school
district 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 school
district 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, 3352)
1. It is unlawful for any person:
(a) Willfully and maliciously to injure, mark or deface any public
schoolhouse, its fixtures, books or appurtenances;
(b) To commit any nuisance in any public schoolhouse;
(c) To loiter on or near the school grounds; or
(d) Purposely and maliciously to commit any trespass upon the
grounds attached to a public schoolhouse, or any fixtures placed thereon,
or any enclosure or sidewalk about the same.
2. Except as otherwise provided in subsection 3, any person
violating any of the provisions of this section 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.
3. Any person who is in possession of a dangerous weapon during
his commission of a violation of paragraph (b), (c) or (d) of subsection
1 is guilty of a gross misdemeanor.
4. As used in this section:
(a) “Dangerous knife” means a knife having a blade that is 2 inches
or more in length when measured from the tip of the knife which is
customarily sharpened to the unsharpened extension of the blade which
forms the hinge connecting the blade to the handle.
(b) “Dangerous weapon” means:
(1) An explosive or incendiary device;
(2) A dirk, dagger, switchblade knife or dangerous knife;
(3) A nunchaku or trefoil;
(4) A blackjack or billy club or metal knuckles; or
(5) A pistol, revolver or other firearm.
(c) “Explosive or incendiary device” has the meaning ascribed to it
in NRS 202.253 .
(d) “Nunchaku” has the meaning ascribed to it in NRS 202.350 .
(e) “Switchblade knife” has the meaning ascribed to it in NRS
202.350 .
(f) “Trefoil” has the meaning ascribed to it in NRS 202.350 .
[415:32:1956]—(NRS A 1967, 567; 1993, 40; 2001, 807 )
