Nev. Rev. Stat. ch. 394 – Private Educational Institutions and Establishments | Midpage

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Nevada Revised Statutes

Chapter 394

Nev. Rev. Stat. ch. 394

Private Educational Institutions and Establishments

394.005Definitions 394.006“Accredited” defined 394.007“Administrator” defined 394.009“Agent” defined 394.011“Agent’s permit” defined 394.017“Board” defined 394.023“Commission” defined 394.024“Commissioner” defined 394.026“Confidential” defined 394.035“Document of indebtedness” defined 394.037“Driving school” defined 394.041“Education” and “educational services” defined 394.043“Educational credentials” defined 394.045“Elementary and secondary educational institutions” defined 394.047“Entity” defined 394.057“Granting” defined 394.071“Lending agency” defined 394.075“License” defined 394.087“Offer” defined 394.091“Operate” defined 394.093“Ownership” defined 394.098“Postsecondary education” defined 394.099“Postsecondary educational institution” defined 394.103“Private schools” defined 394.112“Superintendent” defined 394.125Legislative statement of policy and purpose of chapter 394.128Provision of education records upon request of agency which provides child welfare services; penalty 394.130Required instruction; provisions governing cardiopulmonary resuscitation and automated external defibrillator for health course in private secondary school; reports; religious instruction; no right to share in apportionment of money for public schools 394.134Provision of program of distance education authorized 394.145Documents required for permanent admission; name under which child must be admitted; failure or refusal to furnish accurate documents; penalty 394.147Petition for order of court permitting admission of child under name other than that appearing on birth certificate or record of attendance 394.150Instruction in United States Constitution and Nevada’s Constitution; exception; examination 394.151Distribution of information about financial planning and financial aid; reports 394.152Definitions 394.153“Unsupervised contact” defined 394.154“Volunteer” defined 394.155Investigation into the background of nonlicensed applicants for employment and employees and volunteers; use of certain information; immunity from liability 394.160Teachers required to show knowledge of United States Constitution and Nevada’s Constitution 394.1605“Sexual offense” defined 394.16065Certain applicants for employment to submit additional information regarding prior employment; action based on such information must be brought in State; penalties for providing false or incomplete information 394.1607Actions to be taken to verify information provided by applicant; employer or former employer required to provide such information; immunity from liability for providing information; penalties for willful failure to disclose information 394.16075Certain employers to provide additional information and records concerning former employee; immunity from liability; penalties for willful failure to disclose information 394.1608Consideration of certain additional information provided by former employer of applicant; report of additional information to appropriate authority; immunity from liability for certain acts or omissions 394.16085Provisional employment pending review of information 394.1609Certain rights not affected by provisions 394.16095Prohibition on agreement that affects the ability to obtain or provide information relating to suspected abuse or power-based violence; employer to maintain certain information in personnel file 394.161Civil penalty 394.1611Definitions 394.1612“Covered information” defined 394.1613“Personally identifiable information” defined 394.1614“School service” defined 394.1615“School service provider” defined 394.1616Duty of private school to provide information concerning school service providers and data security 394.162Definitions 394.163“Notification” defined 394.164“Offender” defined 394.1643“Sexual offense” defined 394.1647Sexually motivated act” defined 394.165“Victim” defined 394.166Offender prohibited from attending school victim attends without court approval 394.167Confidentiality of name of offender or victim; immunity from liability if name released under certain circumstances 394.168Definitions 394.1681Crisis” defined 394.16823“Emergency” defined 394.16824Emergency operations plan development committee” defined 394.16825“Local organization for emergency management” defined 394.1683School committee” defined 394.1684“Suicide” defined 394.1685Emergency operations plan development committee: Establishment by private school; membership; terms of members 394.1687Emergency operations plan development committee: Development of plan to be used by private school in responding to crisis, emergency, suicide or other hazard; submission of plan to governing body of private school; compliance with plan required 394.1688Annual review and update of plan for responding to crisis or emergency; maintenance, posting and distribution of plan; annual training for school employees 394.169School committee: Establishment; membership; terms of members 394.1691School committee: Annual review of plan prepared by development committee; determination whether to request deviation from plan; notice of review 394.1692Review by emergency operations plan development committee of proposed deviation from plan; notice of approval or denial; submission of copy of approved deviation to governing body of private school 394.1693Development of policy for prevention of suicide in certain grades; posting of link to Internet website of Coordinator of Statewide Program for Suicide Prevention 394.1694Adoption of regulations concerning development of plans in responding to crisis or emergency, review of proposed deviations and requirements for training 394.1696Responsible person to contact appropriate agencies to respond to crisis, emergency or suicide; notification to Office of Emergency Management within Office of the Governor; duties of Office; local law enforcement agency that responds to determine whether to notify any other school 394.16965Contract with school district for provision of school police officers; immunity of school district for act or omission of school police officer pursuant to contract 394.1697Notification of primary law enforcement agency regarding location of school 394.16975Provision of blueprint to public safety agency upon request; confidentiality 394.1698Confidentiality of plans, approved deviations and certain other information 394.1699Inapplicability of Open Meeting Law to emergency operations plan development committee, school committee and certain meetings of State Board related to crisis and emergency response 394.170Drills to instruct pupils in appropriate procedures to be followed in event of lockdown or emergency; regulations of State Fire Marshal; posting of section; enforcement; penalty 394.171Certification in cardiopulmonary resuscitation: Establishment of plan for training by governing body of private school that operates as high school; requirements for plan; certain personnel required to establish and maintain certification; agreement to provide training 394.175Establishment of program of information concerning missing children; distribution of materials by Attorney General and State Board 394.176Display and promotion of toll-free telephone number for center that receives reports of abuse or neglect of child 394.177Immunity from civil liability for reporting threat of violence against school official, school employee or pupil; exceptions 394.1775School employee immune from liability for good faith intervention in certain incidents posing risks to safety; required reporting of intervention; record of reports 394.178Threatening to cause bodily harm or death to pupil or school employee by means of oral, written or electronic communication; penalties 394.179Parental involvement: Employer required to grant leave to parent to participate in school conferences and other school-related activities; conditions; exception 394.1795Employer prohibited from threatening or taking retaliatory action against parent for parent’s participation in certain school conferences and school-related activities; penalty; authorization for parent to file claim with Labor Commissioner 394.180Damage to property; nuisance; loitering; trespass; disturbance of school; penalty 394.185Maintenance and availability of material safety data sheet for hazardous materials used on school buildings or grounds 394.187Unlawful to use diisocyanate in maintenance or repair of building owned or operated by school while certain persons are present; penalty 394.190Applicability of provisions governing condition, equipment and identification of vehicle used for transportation of pupils; standards for new school buses purchased on and after January 1, 2016; inspection; penalty 394.191Adoption of policy by private school concerning safe exposure to sun 394.192Immunization of pupils: Certificate prerequisite to enrollment; conditional enrollment; effect of failure to immunize; report to Division of Public and Behavioral Health; inclusion of certificate in pupil’s record 394.193Immunization of pupils: Exemption if prohibited by religious belief 394.194Immunization of pupils: Exemption if prevented by medical condition 394.196Immunization of pupils: Additional requirements imposed after enrollment; additional certificate required 394.198Immunization of pupils: Protection of child exempt from immunization if dangerous disease exists in school 394.199Immunization of pupils: Penalty for refusal to remove child from school when required by law 394.1995Order for doses of epinephrine or opioid antagonist to be maintained by private school; school personnel authorized to administer; storage in secure location 394.1997Training concerning food allergies and development of comprehensive action plan concerning anaphylaxis 394.1998Requirements for private school when enrolled pupil admitted to certain hospital or facility 394.1999Authorization 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 394.201Short title 394.211Exemptions from Act; filing of exemption with State Board; inspection of exempt institution; written notice to parent of exemption 394.221Duties of Board and Superintendent 394.231Powers of Superintendent 394.241Maintenance and operation in compliance with minimum standards; accreditation as evidence of compliance 394.245Inspection of elementary and secondary educational institutions required 394.251License: Application; issuance; term; change in ownership; renewal 394.261Agent’s permit: Requirements for issuance and renewal; term 394.261Agent’s permit: Requirements for issuance and renewal; term 394.263Additional 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 394.271Surety bond or certificate of deposit 394.281Denial of license or permit: Notice; extension of time to correct deficiencies 394.291Denial or revocation of or condition on license or permit: Hearing 394.295Mandatory suspension of agent’s permit for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of permit 394.301Revocation of or condition on license or permit: Notification 394.311Filing of notice of complaint for violation; procedure; investigation; hearing; remedies 394.321Postponement of effective date of action pending review 394.331Fees 394.341Discontinuance of operations: Academic records filed with Superintendent; seizure of records 394.351Unlawful acts 394.353Definitions 394.354“Aversive intervention” defined 394.355“Chemical restraint” defined 394.356“Corporal punishment” defined 394.357“Electric shock” defined 394.358“Emergency” defined 394.359“Individualized education program team” defined 394.362“Mechanical restraint” defined 394.363“Physical restraint” defined 394.364“Pupil with a disability” defined 394.365“Verbal and mental abuse” defined 394.366Aversive intervention prohibited 394.367Physical restraint and mechanical restraint prohibited; exceptions 394.368Conditions under which physical restraint may be used; report required; requirements if pupil has three or five reports of restraint in 1 school year 394.369Conditions under which mechanical restraint may be used; report required; requirements if pupil has three or five reports of use in 1 school year 394.372Education and training for staff 394.375Disciplinary action against person for intentional violation 394.376Report of violation; corrective plan required 394.377Retaliation for reporting violation prohibited 394.378Reporting of denial of rights; investigation and resolution of disputes by Superintendent 394.379Annual report by private schools on use of restraint and violations; compilation of reports by Department; submission of compilation to Legislature 394.383Commission: Creation; number, appointment and compensation of voting members; expenses of members 394.385Commission: Qualifications of members; Chair; meetings; quorum; removal of Commissioners 394.411Regulations of Commission; administration by Administrator 394.415Licensing of postsecondary educational institution 394.421Powers and duties of Commission 394.430Powers and duties of Administrator 394.440Information and expert witnesses to be provided by other state agencies; consultation with experts outside State Government 394.441Information provided to students before agreement to enroll; educational credentials for students; maintenance of records; copy of agreement to enroll provided to student; posting of certain information at institution; regulations 394.443Procedure for grievances; receipt for payment by student; annual report to Commission 394.445Financial condition; false or misleading advertising prohibited; employment of personnel 394.447Accreditation as evidence of compliance with minimum standards 394.448Recruiting activities: Where permitted and prohibited 394.449Requirements of policy for refunds by postsecondary educational institutions 394.450Quality and content of courses and programs; adequate facilities, materials and personnel; compliance with ordinances and laws; adequate housing for students 394.455Evaluation prerequisite to licensing of unaccredited institution; panel of evaluators; reports; response by institution; acceptance or rejection of recommendations of panel 394.460License: Application; issuance; provisional license; term; change in ownership or location; addition to facilities; renewal 394.463Payment by institution of subsistence and travel for inspections and certain meetings of Commission; claims 394.465Background investigation of certain applicants for employment with postsecondary educational institution; confidentiality of results; payment of cost by applicant; exception to requirements for certain applicants 394.470Agent’s permit: Requirements for issuance and renewal; term 394.470Agent’s permit: Requirements for issuance and renewal; term 394.473Additional requirements for issuance and renewal of agent’s permit: Statement regarding obligation of child support; grounds for denial of permit; duty of Administrator 394.474Additional requirements for renewal of agent’s permit: Information regarding whether applicant has state business license; grounds for nonrenewal 394.475Authorization by Administrator for employment of agents by postsecondary educational institution 394.480Surety bond required of certain institutions; Commission authorized to require additional bond; release of surety on bond; suspension of agent’s permit if institution not covered by bond 394.490Denial of license, permit or authorization: Notice; extension of time to correct deficiencies 394.500Denial of permit or authorization: Hearing 394.510Revocation of or conditions on license or permit: Grounds; notification; cessation of operations; administrative fine 394.515Mandatory suspension of agent’s permit for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of permit 394.520Complaint of violation: Procedure; hearing; remedies 394.525Suspension of approval of course for training of veterans; notification of institution; rescission of suspension; hearing; decision of Commission final; regulations 394.530Postponement of effective date of action pending review 394.540Fees 394.545Location, equipment and insurance requirements of driving school; action by Department of Motor Vehicles authorized 394.550Discontinuance of operations: Academic records filed with Administrator; seizure of records 394.553Account for Student Indemnification 394.557Fee to be paid to Administrator for students who enroll in certain programs 394.560Unlawful acts 394.570Legislative appropriations 394.580Jurisdiction; service of process 394.590Documents of indebtedness and related agreements: Restrictions and requirements 394.600Action for enforcement; injunctive relief 394.610Penalty 394.620Definitions 394.625Use of “university,” “college” and similar terms; regulations 394.630Awarding degrees 394.640Advertising awarding of degrees 394.650Civil penalty 394.660Injunction 394.670Criminal penalty 394.700Prohibition; penalty