Title 34

NRS 394.1998 Requirements for private school when enrolled pupil admitted to certain hospital or facility. 1. If a pupil who is enrolled in a private school is admitted by a court to a psychiatric hospital pursuant to NRS 432B.6076 or 432B.60815, the private school must participa…

NRS 394.1999 Authorization for pupil to self-administer medication for asthma, anaphylaxis or diabetes; contents of request; establishment of protocols relating to self-administration of medication; immunity from liability. 1. The parent or legal guardian of a pupil who has asthm…

NRS 394.201 Short title. NRS 394.201 to 394.351, inclusive, may be cited as the Private Elementary and Secondary Education Authorization Act. (Added to NRS by 1975, 1500; A 1991, 975; 1997, 2052; 2009, 1249)

NRS 394.211 Exemptions from Act; filing of exemption with State Board; inspection of exempt institution; written notice to parent of exemption. 1. The following persons and educational institutions are exempt from the provisions of the Private Elementary and Secondary Education A…

NRS 394.221 Duties of Board and Superintendent. 1. The Board shall: (a) Adopt regulations governing the administration of the Private Elementary and Secondary Education Authorization Act. (b) Establish minimum criteria, in conformity with NRS 394.241, which applicants for a licen…

NRS 394.231 Powers of Superintendent. The Superintendent may: 1. Request from any other department, division, board, bureau, commission or other agency of the State, and the latter agency shall provide, any information which it possesses that will enable the Superintendent to exe…

NRS 394.241 Maintenance and operation in compliance with minimum standards; accreditation as evidence of compliance. 1. An elementary or secondary educational institution must be maintained and operated, or a new institution must demonstrate that it can be maintained and operated…

NRS 394.245 Inspection of elementary and secondary educational institutions required. The Superintendent shall cause an inspection of an elementary or secondary educational institution to be conducted upon receipt of an application for a license or for renewal of a license from t…

NRS 394.251 License: Application; issuance; term; change in ownership; renewal. 1. Each elementary or secondary educational institution desiring to operate in this State must apply to the Superintendent upon forms provided by the Department. The application must be accompanied by…

NRS 394.261 Agent’s permit: Requirements for issuance and renewal; term. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreat…

NRS 394.263 Additional requirements for issuance and renewal of agent’s permit: Statement regarding obligation of child support; grounds for denial of permit; duty of Superintendent of Public Instruction. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law…

NRS 394.271 Surety bond or certificate of deposit. 1. Except as otherwise provided in this section, at the time application is made for an agent’s permit, a license to operate or a license renewal, the Superintendent shall require the elementary or secondary educational instituti…

NRS 394.281 Denial of license or permit: Notice; extension of time to correct deficiencies. 1. If the Board, upon review and consideration of an application for a license or for an agent’s permit, or a renewal of a license or agent’s permit, determines that the applicant fails to…

NRS 394.291 Denial or revocation of or condition on license or permit: Hearing. Any person aggrieved by the denial or revocation of a license to operate or an agent’s permit, or the placement of conditions on the license to operate or agent’s permit, is entitled to a hearing befo…

NRS 394.295 Mandatory suspension of agent’s permit for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of permit. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for …

NRS 394.301 Revocation of or condition on license or permit: Notification. 1. The Board may revoke or make conditional a license to operate or an agent’s permit after its issuance if it reasonably believes that the holder of the license or permit has violated the Private Elementa…

NRS 394.311 Filing of notice of complaint for violation; procedure; investigation; hearing; remedies. 1. Any person claiming damage either individually or as a representative of a class of complainants as a result of any act by an elementary or secondary educational institution o…

NRS 394.321 Postponement of effective date of action pending review. If the Board determines that irreparable injury would result from putting into immediate effect any final action or penalty imposed under the Private Elementary and Secondary Education Authorization Act, it shal…

NRS 394.331 Fees. All fees collected pursuant to the provisions of the Private Elementary and Secondary Education Authorization Act must be deposited in the State Treasury for credit to the appropriate account of the Department of Education, and no fees so collected are subject t…

NRS 394.341 Discontinuance of operations: Academic records filed with Superintendent; seizure of records. 1. If any elementary or secondary educational institution operating in this state proposes to discontinue its operation, the chief administrative officer of the institution, …

NRS 394.351 Unlawful acts. It is unlawful for any person, alone or in concert with others, to: 1. Operate in this State an elementary or secondary educational institution not exempted from the provisions of the Private Elementary and Secondary Education Authorization Act, unless …

NRS 394.353 Definitions. As used in NRS 394.353 to 394.379, inclusive, unless the context otherwise requires, the words and terms defined in NRS 394.354 to 394.365, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1999, 3242; A 2009, 922)

NRS 394.354 “Aversive intervention” defined. “Aversive intervention” means any of the following actions if the action is used to punish a pupil with a disability or to eliminate, reduce or discourage maladaptive behavior of a pupil with a disability: 1. The use of noxious odors a…

NRS 394.355 “Chemical restraint” defined. “Chemical restraint” means the administration of drugs to a person for the specific and exclusive purpose of controlling an acute or episodic behavior that places the person or others at a risk of harm when less restrictive alternative in…

NRS 394.356 “Corporal punishment” defined. “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking. (Added to NRS by 1999, 3243)

NRS 394.357 “Electric shock” defined. “Electric shock” means the application of electric current to a person’s skin or body. The term does not include electroconvulsive therapy. (Added to NRS by 1999, 3243)

NRS 394.358 “Emergency” defined. “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage. (Added…

NRS 394.359 “Individualized education program team” defined. “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B). (Added to NRS by 1999, 3243)

NRS 394.362 “Mechanical restraint” defined. “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile. (Added to NRS by 1999, 3243)

NRS 394.363 “Physical restraint” defined. “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile. (Added to NRS by 1999, 3244)

NRS 394.364 “Pupil with a disability” defined. “Pupil with a disability” has the meaning ascribed to it in NRS 388.417. (Added to NRS by 1999, 3244)

NRS 394.365 “Verbal and mental abuse” defined. “Verbal and mental abuse” means actions or utterances that are intended to cause and actually cause severe emotional distress to a person. (Added to NRS by 1999, 3244)

NRS 394.366 Aversive intervention prohibited. A person employed by a private school or any other person shall not use any aversive intervention on a pupil with a disability. (Added to NRS by 1999, 3244)

NRS 394.367 Physical restraint and mechanical restraint prohibited; exceptions. A person employed by a private school or any other person shall not: 1. Except as otherwise provided in NRS 394.368, use physical restraint on a pupil with a disability. 2. Except as otherwise provide…

NRS 394.368 Conditions under which physical restraint may be used; report required; requirements if pupil has three or five reports of restraint in 1 school year. 1. Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if:…

NRS 394.369 Conditions under which mechanical restraint may be used; report required; requirements if pupil has three or five reports of use in 1 school year. 1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if: (…

NRS 394.372 Education and training for staff. 1. If a private school provides instruction to pupils with disabilities, the school shall develop a program of education for the members of the staff of the school who provide services to pupils with disabilities. The program of educa…

NRS 394.375 Disciplinary action against person for intentional violation. In addition to any penalty prescribed by specific statute, a person who intentionally uses aversive intervention on a pupil with a disability or intentionally violates NRS 394.367, is subject to appropriate…

NRS 394.376 Report of violation; corrective plan required. 1. A private school where a violation of NRS 394.353 to 394.379, inclusive, occurs shall report the violation to the Superintendent not later than 24 hours after the violation occurred, or as soon thereafter as the violat…

NRS 394.377 Retaliation for reporting violation prohibited. An officer, administrator or employee of a private school shall not retaliate against any person for having: 1. Reported a violation of NRS 394.353 to 394.379, inclusive; or 2. Provided information regarding a violation …

NRS 394.378 Reporting of denial of rights; investigation and resolution of disputes by Superintendent. 1. A denial of rights of a pupil with a disability pursuant to NRS 394.353 to 394.379, inclusive, must be entered in the pupil’s cumulative record. Notice of the denial must be …

NRS 394.379 Annual report by private schools on use of restraint and violations; compilation of reports by Department; submission of compilation to Legislature. 1. The administrative head of each private school that provides instruction to pupils with disabilities shall, on or be…

NRS 394.383 Commission: Creation; number, appointment and compensation of voting members; expenses of members. 1. The Commission on Postsecondary Education is hereby created within the Employment Security Division of the Department of Employment, Training and Rehabilitation. The …

NRS 394.385 Commission: Qualifications of members; Chair; meetings; quorum; removal of Commissioners. 1. The Governor shall appoint: (a) Two members who are knowledgeable in the field of education, but not persons representing postsecondary educational institutions, or colleges e…

NRS 394.411 Regulations of Commission; administration by Administrator. 1. The Commission shall adopt regulations governing the administration of NRS 394.383 to 394.560, inclusive, and may adopt such other regulations as are proper or necessary for the execution of the powers and…

NRS 394.415 Licensing of postsecondary educational institution. Except as otherwise provided in NRS 397.060, the Commission is the sole authority for licensing a postsecondary educational institution. Any person who operates or claims to operate such an institution must be licens…