[Rev. 11/21/2013 11:25:13 AM--2013]

CHAPTER 393 - SCHOOL PROPERTY

CARE, MANAGEMENT AND CONTROL OF SCHOOL PROPERTY

NRS 393.010           Management, control and custody of school property.

NRS 393.020           Insurance; use of proceeds.

NRS 393.030           Property held by board of trustees as corporation.

NRS 393.051           Power of trustees to prohibit or regulate use of motor vehicles on school property.

USE OF SCHOOL PROPERTY FOR PUBLIC PURPOSES

NRS 393.071           Trustees may grant use of buildings and grounds for meetings or discussions.

NRS 393.07105       Trustees may grant use of school libraries to general public during nonschool hours; cooperative agreements for library personnel and resources; acceptance of gifts and grants and outreach to certain families authorized.

NRS 393.07107       Trustees required to grant use of athletic fields at elementary, middle and junior high schools to certain nonprofit organizations under certain circumstances; exceptions.

NRS 393.0711         Interference with use and occupancy for school purposes prohibited.

NRS 393.0712         Grant constituting monopoly prohibited.

NRS 393.0713         Term of privilege; renewal and revocation; exception for use of school library by general public.

NRS 393.0714         Grant of use without charge to public agencies for holding examinations to select personnel and to general public for use of school libraries.

NRS 393.0715         Use or grant of use for program or movement to accomplish overthrow of government prohibited; penalty.

NRS 393.0717         Regulations.

NRS 393.0718         Custodian of property: Appointment; powers.

NRS 393.0719         Payment of expenses by school district; reimbursement by users; exception to reimbursement for use of school library by general public.

SCHOOL BUILDINGS AND FACILITIES

NRS 393.080           General powers of board of trustees; notice required to close school or change location or use of school.

NRS 393.085           Decision to close or change use of school: Hearing for reconsideration by board of trustees; judicial review.

NRS 393.090           Dormitories and dining halls for students at high school.

NRS 393.092           Oversight panel for school facilities: Establishment in counties whose population is 100,000 or more; membership; terms of members; meetings.

NRS 393.095           Oversight panel for school facilities: Duty of board of trustees to provide administrative support and information.

NRS 393.096           Oversight panel for school facilities: Authority of board of trustees to expand duties of panel in larger counties.

NRS 393.097           Duty to submit recommendations for financing costs for construction to Legislature; oversight panels required to approve or deny request for issuance of certain bonds.

NRS 393.100           Repair.

NRS 393.103           Adoption of policy concerning renovation or reconstruction of older buildings.

NRS 393.105           Maintenance and availability of material safety data sheet for hazardous materials used on school buildings or grounds.

NRS 393.110           Certain larger school districts required to establish building department; approval of plans by State Public Works Division of the Department of Administration, building department or private certificate holder; contract contrary to provisions invalid.

NRS 393.130           Contract for construction or repair on basis of cost plus fee.

SCHOOL SITES

NRS 393.140           Exchange, purchase, lease and acquisition of school sites and other real property.

NRS 393.155           Expenditures for improvements not located on property of school district.

EQUIPMENT, SUPPLIES AND PRINTING

NRS 393.160           Powers of trustees.

NRS 393.170           Library books, textbooks and other school supplies: Purchase; payment for damage; ownership; penalty.

NRS 393.200           United States flag provided by trustees; use.

NRS 393.210           Printing for school district by newspaper or commercial establishment within district; exceptions.

SALE, LEASE OR RENTAL OF REAL PROPERTY BELONGING TO A SCHOOL DISTRICT

NRS 393.220           Power of trustees.

NRS 393.240           Appointment, report and compensation of appraisers; exceptions.

NRS 393.245           Procedure for sale or lease of real property to bidder or through licensed real estate broker; terms of payment; board of trustees authorized to enter into brokerage agreement to list house or other structure built by pupils.

NRS 393.247           Sale of house or other structure built by pupils authorized; requirements for exclusive listing with real estate broker; payment of commission to real estate broker; exemption from certain provisions.

NRS 393.250           Adoption and contents of resolution declaring intention to sell or lease property; additional requirements of resolution for sale of house or other structure built by pupils.

NRS 393.260           Notice of adoption of resolution and of meeting: Posting and publication.

NRS 393.270           Opening of proposals; acceptance; procedure to be followed if a bid is not received that is at least equal to cash market value of property.

NRS 393.280           Oral bids; acceptance of highest oral bid; commission for broker.

NRS 393.290           Final acceptance.

NRS 393.300           Rejection of bids and withdrawal of property from sale or lease.

NRS 393.310           Authorization to execute and deliver deed or lease.

NRS 393.320           Deposit of money received from sale or lease in buildings and sites fund.

NRS 393.325           Lease of school building for community center; conditions.

LEASE OR RENTAL OF REAL PROPERTY OF SCHOOL DISTRICT HAVING RENTAL VALUE OF $5,000 OR LESS A YEAR

NRS 393.3251         Lease or rental of certain real property without formal appraisal; resolution of intention to lease or rent.

NRS 393.3252         Notice of adoption of resolution and of meeting: Publication.

NRS 393.3253         Meeting: Procedure; call for bids; acceptance of highest oral bid.

NRS 393.3254         Renewal of lease or rental agreement; review and adjustment.

NRS 393.3255         Deposit of money received from lease or rental in buildings and sites fund.

EXCHANGE OF REAL PROPERTY BELONGING TO SCHOOL DISTRICT

NRS 393.326           Power of trustees.

NRS 393.327           Manner of making exchanges.

NRS 393.328           Appraisers: Appointment, report and compensation.

NRS 393.329           Resolution declaring intention to exchange property: Adoption and contents.

NRS 393.3291         Notice of adoption of resolution and of meeting: Posting and publication.

NRS 393.3292         Order for exchange; execution of necessary conveyances.

NRS 393.3293         Deposit of money received from exchange in school district fund.

DIVISION OF PROPERTY UPON ABOLISHMENT OF COUNTY OR CHANGE OF BOUNDARIES OF COUNTY

NRS 393.370           Abolishment of county.

NRS 393.380           Change of county’s boundaries.

UNLAWFUL ACTS

NRS 393.400           Surreptitious electronic surveillance; exceptions.

NRS 393.405           Use of diisocyanate in maintenance or repair of building owned or operated by school while certain persons are present; penalty.

NRS 393.410           Damage to school property; nuisance; loitering; trespass; penalties.

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CARE, MANAGEMENT AND CONTROL OF SCHOOL PROPERTY

      NRS 393.010  Management, control and custody of 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)

      NRS 393.020  Insurance; use of proceeds.

      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)

      NRS 393.030  Property held by board of trustees as corporation.  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]

      NRS 393.051  Power of trustees to prohibit or regulate use of motor vehicles on school property.

      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

      NRS 393.071  Trustees may grant use of buildings and grounds for meetings or discussions.  Except as otherwise provided in NRS 393.07107, 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; 2011, 655)

      NRS 393.07105  Trustees may grant use of school libraries to general public during nonschool hours; cooperative agreements for library personnel and resources; acceptance of gifts and grants and outreach to certain families authorized.

      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)

      NRS 393.07107  Trustees required to grant use of athletic fields at elementary, middle and junior high schools to certain nonprofit organizations under certain circumstances; exceptions.

      1.  Except as otherwise provided in subsections 3 and 4 and subject to the limitations, requirements and restrictions set forth in this section and in NRS 393.071 to 393.0719, inclusive, the board of trustees of a school district shall, upon request, grant the use of any athletic field at each elementary, middle or junior high school within the school district to a nonprofit organization which serves adults and children with disabilities or which provides programs for youth sports, including, without limitation, baseball, football, soccer or softball. The organization may use the field at any time that:

      (a) Is not during regular school hours;

      (b) Use of the field is not required for school-related activities; and

      (c) The field is not in the process of undergoing maintenance or renovation.

      2.  If a nonprofit organization which serves adults and children with disabilities or which provides programs for youth sports is granted use of an athletic field pursuant to subsection 1, the nonprofit organization shall comply with any insurance coverage and indemnification provisions required by the board of trustees of the school district.

      3.  If the board of trustees of a school district has entered into an agreement with one or more local governments to provide the use of the athletic fields or playgrounds of the school district to a community organization which provides programs for youth sports, the board of trustees is not required to comply with the provisions of subsection 1.

      4.  The provisions of this section do not apply to an athletic field that contains lights.

      (Added to NRS by 2011, 654)

      NRS 393.0711  Interference with use and occupancy for school purposes prohibited.  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)

      NRS 393.0712  Grant constituting monopoly prohibited.  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)

      NRS 393.0713  Term of privilege; renewal and revocation; exception for use of school library by general public.

      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)

      NRS 393.0714  Grant of use without charge to public agencies for holding examinations to select personnel and to general public for use of school libraries.  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)

      NRS 393.0715  Use or grant of use for program or movement to accomplish overthrow of government prohibited; penalty.

      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)

      NRS 393.0717  Regulations.

      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)

      NRS 393.0718  Custodian of property: Appointment; powers.  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)

      NRS 393.0719  Payment of expenses by school district; reimbursement by users; exception to reimbursement for use of school library by general public.

      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

      NRS 393.080  General powers of board of trustees; notice required to close school or change location or use of school.

      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)

      NRS 393.085  Decision to close or change use of school: Hearing for reconsideration by board of trustees; judicial review.  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)

      NRS 393.090  Dormitories and dining halls for students at high school.  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]

      NRS 393.092  Oversight panel for school facilities: Establishment in counties whose population is 100,000 or more; membership; terms of members; meetings.

      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 or she 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 or she 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.

      3.  The oversight panel for school facilities may meet at the call of the chair of the oversight panel, but is not required to hold meetings except for the purposes of carrying out its duties pursuant to subsection 4 of NRS 350.020 and NRS 393.097 and, if applicable, for the purposes of carrying out expanded duties pursuant to NRS 393.096, or unless directed by the board of trustees of the school district.

      (Added to NRS by 1997, 2456; A 2013, 1488)

      NRS 393.095  Oversight panel for school facilities: Duty of board of trustees to provide administrative support and information.  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)

      NRS 393.096  Oversight panel for school facilities: Authority of board of trustees to expand duties of panel in larger counties.

      1.  The board of trustees of a school district in a county whose population is 700,000 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 or her 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; A 2011, 1248)

      NRS 393.097  Duty to submit recommendations for financing costs for construction to Legislature; oversight panels required to approve or deny request for issuance of certain bonds.

      1.  If an oversight panel for school facilities established pursuant to NRS 393.092 approves 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, the oversight panel shall, on or before July 1 of each even-numbered year during the period in which those bonds are outstanding, and each board of trustees of a school district in a county whose population is less than 100,000 shall, on or before July 1 of each even-numbered year, 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; A 2013, 1489)

      NRS 393.100  Repair.  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)

      NRS 393.103  Adoption of policy concerning renovation or reconstruction of older buildings.  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)

      NRS 393.105  Maintenance and availability of material safety data sheet for hazardous materials used on school buildings or grounds.

      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)

      NRS 393.110  Certain larger school districts required to establish building department; approval of plans by State Public Works Division of the Department of Administration, building department or private certificate holder; contract contrary to provisions invalid.

      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.  In a county whose population is 700,000 or more:

      (a) The board of trustees of the school district shall establish a building department for the school district.

      (b) Except as otherwise provided in NRS 477.030, the board of trustees of the school district shall regulate all matters relating to the construction, maintenance and safety of buildings, facilities, structures and property of the school district.

      (c) Except as otherwise provided in NRS 477.030, the board of trustees of the school district shall adopt any building, electrical or safety codes as necessary to carry out the provisions of this subsection.

      (d) The board of trustees of the school district shall ensure that the building department established by the board of trustees reviews the plans, designs and specifications for the erection of new school buildings and for the addition to or alteration of existing school buildings and facilities.

      (e) The building department established by the board of trustees shall, in accordance with subsection 4, conduct a review of plans, designs and specifications for the erection of new school buildings and for the addition to or alteration of existing school buildings and facilities.

      (f) The provisions of NRS 278.585 do not apply to the school district in its regulation of buildings, facilities, structures and property of the school district.

      3.  In a county whose population is less than 700,000:

      (a) Except as otherwise provided in paragraph (b), 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 or for any addition to or alteration of an existing school building, the board of trustees of the county school district shall submit the plans, designs and specifications to, and obtain written approval of the plans, designs and specifications by, the building department of the county or other appropriate local building department in the county, and all other local agencies or departments whose approval is necessary for the issuance of the appropriate permit. The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a building department pursuant to this paragraph.

      (b) If there is no county building department or other appropriate local building department in the county in which the school district is located, the board of trustees of the school district shall enter into an agreement with the State Public Works Division of the Department of Administration, a private certificate holder or a local building department in another county to obtain the required reviews of the plans, designs and specifications and to have the required inspections conducted. The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a private certificate holder or building department pursuant to this paragraph.

      (c) A permit for construction must be issued before the school district commences construction.

      (d) The county building department or other appropriate local building department, the State Public Works Division of the Department of Administration or the private certificate holder, as applicable, shall conduct inspections of all work to determine compliance with the approved plans, designs and specifications. An inspection of the work by the State Fire Marshal is not required if the work is inspected by the private certificate holder or building department.

      (e) A department, agency, private certificate holder or the State Public Works Division of the Department of Administration is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for:

             (1) Review of the plans, designs or specifications as required by this subsection; or

             (2) The inspections conducted pursuant to this subsection.

      4.  In conducting reviews pursuant to this section, the State Public Works Division of the Department of Administration, building department or private certificate holder, as applicable, shall verify that the plans, designs and specifications comply with:

      (a) The applicable requirements of the relevant codes adopted by this State, including, without limitation, the applicable requirements of any relevant codes and regulations adopted by the State Fire Marshal;

      (b) The applicable requirements of the relevant codes adopted by the local authority having jurisdiction; and

      (c) 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.

      5.  No contract for any of the purposes specified in this section 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.

      6.  As used in this section, “private certificate holder” means a person who, as applicable, holds a valid certification issued by the International Code Council or its successor:

      (a) To review plans, designs and specifications for the erection of, addition to or alteration of a school building;

      (b) To inspect work to ensure that the erection of, addition to or alteration of a school building is carried out in conformance with the relevant plans, designs and specifications; or

      (c) To perform the activities described in paragraphs (a) and (b).

      [419:32:1956]—(NRS A 1973, 728, 907; 1993, 2410, 2411; 1997, 2457; 1999, 2854; 2007, 3099; 2009, 508; 2011, 1249)

      NRS 393.130  Contract for construction or repair on basis of cost plus fee.  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

      NRS 393.140  Exchange, purchase, lease and acquisition of school sites and other real property.  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)

      NRS 393.155  Expenditures for improvements not located on property of school district.  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

      NRS 393.160  Powers of trustees.  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]

      NRS 393.170  Library books, textbooks and other school supplies: Purchase; payment for damage; ownership; penalty.

      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)

      NRS 393.200  United States flag provided by trustees; use.  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)

      NRS 393.210  Printing for school district by newspaper or commercial establishment within district; exceptions.

      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

      NRS 393.220  Power of trustees.

      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)

      NRS 393.240  Appointment, report and compensation of appraisers; exceptions.

      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)

      NRS 393.245  Procedure for sale or lease of real property to bidder or through licensed real estate broker; terms of payment; board of trustees authorized to enter into brokerage agreement to list house or other structure built by pupils.

      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)

      NRS 393.247  Sale of house or other structure built by pupils authorized; requirements for exclusive listing with real estate broker; payment of commission to real estate broker; exemption from certain provisions.

      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)

      NRS 393.250  Adoption and contents of resolution declaring intention to sell or lease property; additional requirements of resolution for sale of house or other structure built by pupils.

      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)

      NRS 393.260  Notice of adoption of resolution and of meeting: Posting and publication.  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)

      NRS 393.270  Opening of proposals; acceptance; procedure to be followed if a bid is not received that is at least equal to cash market value of property.

      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)

      NRS 393.280  Oral bids; acceptance of highest oral bid; commission for broker.  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)

      NRS 393.290  Final acceptance.  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)

      NRS 393.300  Rejection of bids and withdrawal of property from sale or lease.  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)

      NRS 393.310  Authorization to execute and deliver deed or lease.  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 or her contract which are to be performed concurrently therewith.

      [439:32:1956]—(NRS A 1967, 270)

      NRS 393.320  Deposit of money received from sale or lease in buildings and sites fund.  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)

      NRS 393.325  Lease of school building for community center; conditions.

      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

      NRS 393.3251  Lease or rental of certain real property without formal appraisal; resolution of intention to lease or rent.

      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)

      NRS 393.3252  Notice of adoption of resolution and of meeting: Publication.  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)

      NRS 393.3253  Meeting: Procedure; call for bids; acceptance of highest oral bid.

      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)

      NRS 393.3254  Renewal of lease or rental agreement; review and adjustment.  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)

      NRS 393.3255  Deposit of money received from lease or rental in buildings and sites fund.  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

      NRS 393.326  Power of trustees.

      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)

      NRS 393.327  Manner of making exchanges.  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)

      NRS 393.328  Appraisers: Appointment, report and compensation.

      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)

      NRS 393.329  Resolution declaring intention to exchange property: Adoption and contents.

      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)

      NRS 393.3291  Notice of adoption of resolution and of meeting: Posting and publication.  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)

      NRS 393.3292  Order for exchange; execution of necessary conveyances.  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)

      NRS 393.3293  Deposit of money received from exchange in school district fund.  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

      NRS 393.370  Abolishment 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]

      NRS 393.380  Change of county’s boundaries.  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

      NRS 393.400  Surreptitious electronic surveillance; exceptions.

      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)

      NRS 393.405  Use of diisocyanate in maintenance or repair of building owned or operated by school while certain persons are present; penalty.

      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)

      NRS 393.410  Damage to school property; nuisance; loitering; trespass; penalties.

      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 or her 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)